Common use of Notices Electronic Communications Clause in Contracts

Notices Electronic Communications. Except in the case of notices and other communications expressly permitted to be given by telephone, notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax or e-mail shall be delivered, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made, to the applicable address, fax number, e-mail address or telephone number specified for the applicable Person in Schedule 8.01. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service or sent by fax or on the date five Business Days after dispatch by certified or registered mail if mailed, in each case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.01. As agreed to among the Borrower and the Lender from time to time, notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. The Borrower may, unless directed otherwise by the Lender or unless the e-mail address referred to below has not been provided by the Lender to the Borrower, and may cause its Subsidiaries to, provide to the Lender information, documents and other materials that it is obligated to furnish to the Lender pursuant to the Loan Documents or to the Lender under Article 5, including all notices, requests, financial statements, financial and other reports, certificates and other information materials (all such communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender to an e-mail address as directed by the Lender. In addition, the Borrower shall, and shall cause its Subsidiaries to, continue to provide the Communications to the Lender, as the case may be, in the manner specified in the Loan Documents to the extent requested by the Lender. The Lender agrees that the receipt of the Communications by the Lender at its e-mail address set forth above shall constitute effective delivery of the Communications to the Lender for purposes of the Loan Documents. Nothing herein shall prejudice the right of the Lender to give any notice or other communication pursuant to any Loan Document in any other manner specified in such Loan Document.

Notices Electronic Communications. Except (a) All notices, requests and other communications to any party hereunder shall be in writing (including bank wire, facsimile transmission or similar writing) and shall be given to such party: (i) in the case of notices the Borrower or the Agent, at its address or facsimile number set forth on the signature pages hereof, (ii) in the case of any Lender, at its address or facsimile number set forth in its Administrative Questionnaire or (iii) in the case of any party, such other address or facsimile number as such party may hereafter specify for the purpose by notice to the Agent and the Borrower. Each such notice, request or other communications expressly permitted to communication shall be effective (A) if given by telephonefacsimile transmission, when transmitted to the facsimile number specified in this Section and confirmation of receipt is received, (B) if given by mail, 72 hours after such communication is deposited in the mails with first class postage prepaid, addressed as aforesaid or (C) if given by any other means, when delivered at the address specified in this Section; provided that notices to the Agent under Article 2 or Article 8 shall not be effective until received. (b) In addition to the foregoing, notices and other communications provided for herein shall be in writing to the Lenders and shall the LC Issuers hereunder may be delivered or furnished by hand or overnight courier service, mailed by certified or registered mail or sent by fax or electronic communication (including e-mail and internet or intranet websites) pursuant to procedures approved by the Agent or as otherwise determined by the Agent, provided that the foregoing shall not apply to notices to any Lender or any LC Issuer pursuant to Article 2 (in which case such Lender shall be deliveredentitled to receive hard copies of such notices or communications) if such Lender or such LC Issuer, and all as applicable, has notified the Agent that it is incapable of receiving notices under such Article by electronic communication. The Agent or the Borrower may, in its respective discretion, agree to accept notices and other communications expressly permitted to it hereunder by electronic communications pursuant to procedures approved by it or as it otherwise determines, provided that such determination or approval may be given by telephone shall be madelimited to particular notices or communications. Unless the Agent otherwise prescribes, (i) notices and other communications sent to the applicable address, fax number, an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or telephone number specified for other written acknowledgement), provided that if such notice or other communication is not given during the applicable Person in Schedule 8.01. All notices and other communications given to any party hereto in accordance with normal business hours of the provisions of this Agreement recipient, such notice or communication shall be deemed to have been given at the opening of business on the date of next Business Day for the recipient, and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt if delivered by hand or overnight courier service or sent by fax or on the date five Business Days after dispatch by certified or registered mail if mailed, in each case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.01. As agreed to among the Borrower and the Lender from time to time, notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. The Borrower may, unless directed otherwise by the Lender or unless the e-mail address referred to below has not been provided by the Lender to the Borrower, and may cause intended recipient at its Subsidiaries to, provide to the Lender information, documents and other materials that it is obligated to furnish to the Lender pursuant to the Loan Documents or to the Lender under Article 5, including all notices, requests, financial statements, financial and other reports, certificates and other information materials (all such communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender to an e-mail address as directed by described in the Lender. In additionforegoing clause (i) of notification that such notice or communication is available and identifying the website address therefor; provided, further, that the Agent, the Borrower shallor any Lender party hereto may specify multiple e-mail addresses for receipt of any notices or communications by such means, and receipt by any one of such multiple e-mail addressees as set forth above shall cause its Subsidiaries tobe deemed to have been received by the Agent, continue to provide the Communications to the Borrower or such Lender, as the case may be. (c) Any party hereto may change its address or facsimile number for notices and other communications hereunder by notice to the other parties hereto or, in the manner specified in the Loan Documents case of any Lender, by notice to the extent requested by Agent and the Lender. The Lender agrees that the receipt of the Communications by the Lender at its e-mail address set forth above shall constitute effective delivery of the Communications to the Lender for purposes of the Loan Documents. Nothing herein shall prejudice the right of the Lender to give any notice or other communication pursuant to any Loan Document in any other manner specified in such Loan DocumentBorrower.

Notices Electronic Communications. (a) Except in the case of notices and other communications expressly permitted to be given by telephone, notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax or e-mail shall be deliveredmail, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made, to the applicable address, fax number, e-mail address or telephone number specified for the applicable Person Party in Schedule 8.01. C. (b) All notices and other communications given to any party Party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service or sent by fax or email or on the date five Business Days after dispatch by certified or registered mail if mailed, in each case delivered, sent or mailed (properly addressed) to such party Party as provided in this Section 8.01 or in accordance with the latest unrevoked direction from such party Party given in accordance with this Section 8.01. As agreed to among the Borrower and the Lender Parties from time to time, notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person Party provided from time to time by such Person. Party. (c) The Borrower may, unless directed otherwise Buyer hereby agrees that it shall cause the Administrative Agent to provide to AIG on behalf of the Sellers copies of all notices and reports (other than those by or from the Lender or unless the e-mail address referred to below has not been provided by the Lender Investment Manager) delivered to the Borrower, and may cause its Subsidiaries to, provide to Buyer or the Lender information, documents and other materials that it is obligated to furnish to holders of the Lender Senior Loan pursuant to the Loan Documents or to the Lender under Article 5, including all notices, requests, financial statements, financial and other reports, certificates and other information materials (all such communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender to an e-mail address as directed by the Lender. In addition, the Borrower shall, and shall cause its Subsidiaries to, continue to provide the Communications to the Lender, as the case may be, in the manner specified in the Loan Transaction Documents to the extent requested by such notices and reports have not been delivered to AIG or the Lender. The Lender agrees that the receipt of the Communications by the Lender at its e-mail address set forth above shall constitute effective delivery of the Communications Sellers pursuant to the Lender for purposes of the Loan other Transaction Documents. Nothing herein AIG shall prejudice provide to the right Sellers copies of the Lender all notices and reports delivered to give any notice or other communication AIG pursuant to any Loan Document in any the Transaction Documents to the extent such notices and reports have not been delivered to the Sellers pursuant to the other manner specified in such Loan DocumentTransaction Documents.

Notices Electronic Communications. Except in the case of notices and other communications expressly permitted to be given by telephone, notices Notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax fax, as follows: (a) if to the Borrower or e-mail shall be delivered, and all notices and other communications expressly permitted hereunder to be given by telephone shall be madeany Subsidiary Guarantor, to the applicable addressBorrower at Rotech Healthcare Inc., 0000 Xxxxxxxxxx Xxxxx, Xxxxx 000, Xxxxxxx, XX 00000, Attention of Xxxxxxx X. Xxxxx, Chief Legal Officer (Fax No. (000) 000-0000); (b) to the Administrative Agent, to Silver Point Finance, LLC, 0 Xxxxxxxxx Xxxxx, Xxxxxxxxx XX 00000, Xxxxxx Xxxxx (Fax. No. 000.000.0000), Email: xxxxxx@xxxxxxxxxxxxxxxxxx.xxx; and (c) if to a Lender, to it at its address (or fax number, e-mail address ) set forth on Schedule 2.01 or telephone number specified for in the applicable Person in Schedule 8.01Assignment and Acceptance pursuant to which such Lender shall have become a party hereto. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service or sent by fax or on the date five Business Days after dispatch by certified or registered mail if mailed, in each case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 9.01 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.01Section 9.01. As agreed to among the Borrower Borrower, the Administrative Agent and the Lender applicable Lenders from time to time, notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person person provided from time to time by such Personperson. The Borrower mayhereby agrees, unless directed otherwise by the Lender Administrative Agent or unless the e-electronic mail address referred to below has not been provided by the Lender Administrative Agent to the Borrower, and may that it will, or will cause its the Subsidiaries to, provide to the Lender Administrative Agent all information, documents and other materials that it is obligated to furnish to the Lender Administrative Agent pursuant to the Loan Documents or to the Lender Lenders under Article 5V, including all notices, requests, financial statements, financial and other reports, certificates and other information materials materials, but excluding any such communication that (a) is or relates to a Borrowing Request or a notice pursuant to Section 2.06, (b) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (c) provides notice of any Default or Event of Default under this Agreement or any other Loan Document or (d) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing hereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender Administrative Agent to an e-electronic mail address as directed by the LenderAdministrative Agent. In addition, the Borrower shallagrees, and shall agrees to cause its Subsidiaries tothe Subsidiaries, to continue to provide the Communications to the LenderAdministrative Agent or the Lenders, as the case may be, in the manner specified in the Loan Documents but only to the extent requested by the LenderAdministrative Agent. The Borrower hereby acknowledges that (a) the Administrative Agent will make available to the Lenders materials and/or information provided by or on behalf of it hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on Intralinks or another similar electronic system (the “Platform”) and (b) certain of the Lenders may be “public side” Lenders (i.e., Lenders that do not wish to receive material non-public information with respect to the Borrower and its Subsidiaries or their securities) (each, a “Public Lender”). The Borrower hereby agrees that (i) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (ii) by marking Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower and its Subsidiaries or their securities for purposes of United States federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.16); (iii) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Investor;” and (iv) the Administrative Agent shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be marked “PUBLIC”, unless the Borrower notifies the Administrative Agent promptly that any such document contains material non-public information: (A) the Loan Documents and (B) notification of changes in the terms of this Agreement. Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to, and receive, Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Borrower and its Subsidiaries or their securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES HAVE ANY LIABILITY TO ANY LOAN PARTY, ANY LENDER OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY LOAN PARTY’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND IN A FINAL RULING BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. The Administrative Agent agrees that the receipt of the Communications by the Lender Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Loan Documents. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Documents. Each Lender agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Xxxxxx’s e-mail address to which the foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to such e-mail address. Nothing herein shall prejudice the right of the Administrative Agent or any Lender to give any notice or other communication pursuant to any Loan Document in any other manner specified in such Loan Document.

Notices Electronic Communications. Except in the case of notices and other communications expressly permitted to be given by telephone, notices (a) Notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax or efax, as follows: (i) if to the Borrower, to it at: Xxxxxxx Xxxxxx 0 Xxxxxxxxx Xxxxx X-0000 Xxxxxxxxxx Tel: +000 00000 000 Fax: +000 00000 000 E-mail shall be delivered, and all notices and other communications expressly permitted hereunder mail: xxxxxxx.xxxxxx@xxxxxx.netdavid.xxxxxxxx@xxxxxxxxx.xxx (ii) if to be given by telephone shall be madethe Administrative Agent, to the applicable address, fax facsimile number, e-electronic mail address or telephone number specified for such Person on Schedule 9.01(b); and (iii) if to a Lender, to such Lender at its address (or fax number) set forth on Schedule 2.01 or in the applicable Person Assignment and Acceptance pursuant to which such Lender shall have become a party hereto or as otherwise communicated in Schedule 8.01. writing from time to time by such Lender to the Borrower and the Administrative Agent. (b) All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service or sent by fax or on the date five Business Days after dispatch by certified or registered mail if mailed, in each case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 9.01 or in accordance with the latest unrevoked direction from such party given in accordance with this SectionSection 9.01. 8.01. (c) As agreed to among the Borrower Borrower, the Administrative Agent and the Lender applicable Lenders from time to time, notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. Notices and other communications to the Lenders hereunder may be delivered or furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by the Administrative Agent; provided that the foregoing shall not apply to notices to any Lender pursuant to Article II if such Lender has notified the Administrative Agent that it is incapable of receiving notices under Article II by electronic communication. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may be limited to particular notices or communications. (d) Unless the Administrative Agent otherwise prescribes, (i) notices and other communications sent to an e-mail address shall be deemed received upon the intended recipient’s receipt of the notice or communication, which shall be evidenced by an acknowledgment from the intended recipient (such as by the “delivery receipt” function, as available, return e-mail or other written acknowledgement); provided that, if such notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next Business Day for the recipient; provided, further, that if the sender receives an “out-of-office” reply e-mail containing instructions regarding notification to another person in the intended recipient’s absence, such notice or other communication shall be deemed received upon the sender’s compliance with such instructions, and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient at its e-mail address as described in the foregoing clause (i) of notification that such notice or communication is available and identifying the website address therefor. (e) The Borrower mayhereby agrees, unless directed otherwise by the Lender Administrative Agent or unless the e-mail address referred to below has not been provided by the Lender Administrative Agent to the Borrower, and may that it will, or will cause its Subsidiaries to, provide to the Lender Administrative Agent all information, documents and other materials that it is obligated to furnish to the Lender Administrative Agent pursuant to the Loan Documents or to the Lender Lenders under Article 5IV of Annex I hereof or under Article V hereof, including all notices, requests, financial statements, financial and other reports, certificates and other information materials materials, but excluding any such communication that (i) is or relates to a Borrowing Request, a notice pursuant to Section 2.10, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default under this Agreement or any other Loan Document or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing or other extension of credit hereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender Administrative Agent to an e-mail address as directed by the LenderAdministrative Agent. In addition, the Borrower shallagrees, and shall agrees to cause its Subsidiaries toSubsidiaries, to continue to provide the Communications to the LenderAdministrative Agent or the Lenders, as the case may be, in the manner specified in the Loan Documents but only to the extent requested by the Administrative Agent. (f) The Borrower hereby acknowledges that (i) the Administrative Agent will make available to the Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (ii) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material non-public information with respect to the Borrower, its Subsidiaries or their respective securities for purposes of United States federal and state securities laws) (each, a “Public Lender”). The Borrower hereby agrees that (w) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower, its Subsidiaries or their respective securities for purposes of United States federal and state securities laws (provided, however, that to the extent the Borrower Materials constitute Information, they shall be treated as set forth in Section 9.16); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Investor;” and (z) the Administrative Agent shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be marked “PUBLIC” and the Borrower agrees that the following documents may be distributed to all Lenders (including Public Lenders) unless, solely with respect to the documents described in clauses (B) and (C) below, the Borrower advises the Administrative Agent in writing (including by e-mail) within a reasonable time prior to their intended distribution that such material should only be distributed to Lenders other than Public Lenders (it being agreed that the Borrower and its counsel shall have been given a reasonable opportunity to review such documents and comply with applicable securities law disclosure obligations): (A) the Loan Documents; (B) administrative materials prepared by the Administrative Agent for prospective Lenders; (C) term sheets and notification of changes in the terms of the Term Facility; and (D) the Audited Financial Statements and the financial statements and certificates furnished pursuant to Section 4.10 of Annex I. (g) Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Borrower or its securities for purposes of United States Federal or state securities laws. (h) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES HAVE ANY LIABILITY TO ANY LOAN PARTY, ANY LENDER OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY LOAN PARTY’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND IN A FINAL RULING BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. (i) The Administrative Agent agrees that the receipt of the Communications by the Lender Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Loan Documents. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Documents. Nothing herein shall prejudice Each Lender agrees to notify the right Administrative Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the Lender foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to give any notice or other communication pursuant to any Loan Document in any other manner specified in such Loan Documente-mail address.

Notices Electronic Communications. Except in the case of notices and other communications expressly permitted to be given by telephone, notices Notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax fax, as follows: (a) if to the Borrower or e-mail shall be delivered, and all notices and other communications expressly permitted hereunder to be given by telephone shall be madeHoldings, to it at 00000 Xxxxxxxx Xxxx., Xxxxx 000 XX, XX 00000, Attention of General Counsel (Fax No. 000-000-0000), Email: xxxxxxx@xxxxx.xxx; (b) if to the applicable addressAdministrative Agent, to Credit Suisse, Agency Manager, Xxx Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000, Fax No. 000-000-0000, Email: xxxxxx.xxxxxxx@xxxxxx-xxxxxx.xxx; and (c) if to a Lender, to it at its address (or fax number, e-mail address ) set forth on Schedule 2.01 or telephone number specified for in the applicable Person in Schedule 8.01Assignment and Acceptance pursuant to which such Lender shall have become a party hereto. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service or sent by fax or on the date five Business Days after dispatch by certified or registered mail if mailed, in each case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 9.01 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.01Section 9.01. As agreed to among Holdings, the Borrower Borrower, the Administrative Agent and the Lender applicable Lenders from time to time, notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. The Borrower mayhereby agrees, unless directed otherwise by the Lender Administrative Agent or unless the e-electronic mail address referred to below has not been provided by the Lender Administrative Agent to the Borrower, and may that it will, or will cause its the Subsidiaries to, provide to the Lender Administrative Agent all information, documents and other materials that it is obligated to furnish to the Lender Administrative Agent pursuant to the Loan Documents or to the Lender Lenders under Article 5, including all notices, requests, financial statements, financial and other reports, certificates and other information materials materials, but excluding any such communication that (i) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (ii) provides notice of any Default or Event of Default under this Agreement or any other Loan Document or (iii) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender Administrative Agent to an e-electronic mail address as directed by the LenderAdministrative Agent. In addition, the Borrower shallagrees, and shall agrees to cause its Subsidiaries tothe Subsidiaries, to continue to provide the Communications to the LenderAdministrative Agent or the Lenders, as the case may be, in the manner specified in the Loan Documents but only to the extent requested by the LenderAdministrative Agent. The Borrower hereby acknowledges that (a) the Administrative Agent will make available to the Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on Intralinks or another similar electronic system (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material non-public information with respect to the Borrower or its securities) (each, a “Public Lender”). The Borrower hereby agrees that (w) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower or its securities for purposes of United States federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 11.07); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Investor;” and (z) the Administrative Agent shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be marked “PUBLIC”, unless the Borrower notifies the Administrative Agent promptly that any such document contains material non-public information: (1) the Loan Documents and (2) notification of changes in the terms of the Loans. Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Borrower or its securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES HAVE ANY LIABILITY TO ANY LOAN PARTY, ANY LENDER OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY LOAN PARTY’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND IN A FINAL RULING BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. The Administrative Agent agrees that the receipt of the Communications by the Lender Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Loan Documents. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Documents. Each Lender agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to such e-mail address. Nothing herein shall prejudice the right of the Administrative Agent or any Lender to give any notice or other communication pursuant to any Loan Document in any other manner specified in such Loan Document.

Notices Electronic Communications. (a) Except as provided in the case of notices subsection (b) below, all notices, requests, consents and other communications expressly permitted to be given by telephone, notices and other communications provided for herein any party hereunder shall be in writing (including facsimile transmission or similar writing) and shall be delivered given to such party at its address or telex number or facsimile number set forth on Schedule 1 attached hereto. Notices sent by hand or overnight courier service, or mailed by certified or registered mail or sent by fax or e-mail shall be deliveredmail, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made, to the applicable address, fax number, e-mail address or telephone number specified for the applicable Person in Schedule 8.01. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given when received; notices sent by facsimile shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the date of receipt if next business day for the recipient). Notices delivered by hand or overnight courier service or sent by fax or on through electronic communications, to the date five Business Days after dispatch by certified or registered mail if mailedextent provided in paragraph (b) below, in each case delivered, sent or mailed (properly addressed) to such party shall be effective as provided in this Section 8.01 or in accordance with the latest unrevoked direction from such party given in accordance with this Sectionparagraph (c). 8.01. As agreed to among (b) Notices made by the Borrower consisting of requests for Loans or notices of repayments hereunder or items referred to in Sections 5.01(a), (b) and (c) hereof may be delivered or furnished by e-mail or other electronic communication pursuant to procedures approved by the Lender Agent, unless the Agent, in its discretion, previously notifies the Borrower otherwise, provided that the foregoing shall not apply to notices to any Bank pursuant to Article II if such Bank has notified the Agent that it is incapable of receiving notices under such Article by electronic communication. In furtherance of the foregoing, each Bank hereby agrees to notify the Agent in writing, on or before the date such Bank becomes a party to this Agreement, of such Bank’s e-mail address to which a notice may be sent (and from time to timetime thereafter to ensure that the Agent has on record an effective e-mail address for such Bank). The Agent may, in its discretion, agree to accept other notices and communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may be limited to particular notices or communications. Neither the Agent, any Bank, nor any of the directors, officers, employees, agents or Affiliates of the Agent or any Bank shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby. (c) Unless the Agent otherwise prescribes, (i) notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. The Borrower may, unless directed otherwise by the Lender or unless the e-mail address referred to below has not been provided by the Lender to the Borrower, and may cause its Subsidiaries to, provide to the Lender information, documents and other materials that it is obligated to furnish to the Lender pursuant to the Loan Documents or to the Lender under Article 5, including all notices, requests, financial statements, financial and other reports, certificates and other information materials (all such communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender sent to an e-mail address as directed shall be deemed to have been given when received by the Lender. In addition, the Borrower shallintended recipient, and (ii) if agreed to pursuant to paragraph (b) above, notices or communications posted to an Internet or intranet website shall cause its Subsidiaries to, continue to provide be deemed received upon the Communications to the Lender, as the case may be, in the manner specified in the Loan Documents to the extent requested deemed receipt by the Lender. The Lender agrees that the receipt of the Communications by the Lender intended recipient at its e-mail address set forth above shall constitute effective delivery as described in the foregoing clause (i) of notification that such notice or communication is available and identifying the Communications to the Lender website address therefor; provided that, for purposes of the Loan Documents. Nothing herein shall prejudice the right of the Lender to give any notice both clauses (i) and (ii), if such notice, email or other communication pursuant is not sent during the normal business hours of the recipient, such notice, email or communication shall be deemed to any Loan Document in any have been sent at the opening of business on the next business day for the recipient. (d) Any party hereto may change its address, facsimile number or e-mail address for notices and other manner specified in such Loan Documentcommunications hereunder by notice to the other parties hereto.

Notices Electronic Communications. (a) Except in the case of notices and other communications expressly permitted to be given by telephonetelephone (and subject to paragraph (b) below), all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax or e-mail shall be deliveredtelecopy, and all notices and other communications expressly permitted hereunder as follows: (i) if to be given by telephone shall be madethe Parent Borrower, to the applicable addressit at 0000 Xxxx Xxx Xxxx, fax numberXxx Xxxxx, eXX 00000, Attention: Xxxxx Xxxxx; Facsimile: (000) 000-mail address 0000; (ii) if to Xxxxxx Xxxxxxx Senior Funding, Inc. or telephone number specified for the applicable Person in Xxxxxx Xxxxxxx Bank, N.A., as set forth on Schedule 8.01. All notices and other communications given 10.02; (iii) if to any party hereto other Lender, to it at its address (or telecopy number) set forth in accordance with the provisions of this Agreement its Administrative Questionnaire. Notices sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received; notices sent by facsimile shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the date of receipt if next business day for the recipient). Notices delivered by hand or overnight courier service or sent by fax or on through Approved Electronic Platforms, to the date five Business Days after dispatch by certified or registered mail if mailedextent provided in paragraph (b) below, in each case delivered, sent or mailed (properly addressed) to such party shall be effective as provided in this Section 8.01 or in accordance with said paragraph (b). (b) Notices and other communications to the latest unrevoked direction from such party given in accordance with this Section 8.01. As agreed to among the Borrower Lenders and the Lender from time L/C Issuers hereunder may be delivered or furnished by using Approved Electronic Platforms pursuant to timeprocedures approved by the Administrative Agent; provided that the foregoing shall not apply to notices pursuant to Article II unless otherwise agreed by the Administrative Agent and the applicable Lender. The Administrative Agent or the Parent Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may also be delivered by e-mail limited to particular notices or communications. (c) Unless the e-mail address of a representative of Administrative Agent otherwise prescribes (with the applicable Person provided from time to time by such Person. The Borrower mayParent Borrower’s consent), unless directed otherwise by the Lender or unless the e-mail address referred to below has not been provided by the Lender to the Borrower, and may cause its Subsidiaries to, provide to the Lender information, documents (i) notices and other materials that it is obligated to furnish to the Lender pursuant to the Loan Documents or to the Lender under Article 5, including all notices, requests, financial statements, financial and other reports, certificates and other information materials (all such communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as directed by the Lender. In addition“return receipt requested” function, the Borrower shallas available, return e-mail or other written acknowledgement), and (ii) notices or communications posted to an Internet or intranet website shall cause its Subsidiaries to, continue to provide be deemed received upon the Communications to the Lender, as the case may be, in the manner specified in the Loan Documents to the extent requested deemed receipt by the Lender. The Lender agrees that the receipt of the Communications by the Lender intended recipient, at its e-mail address set forth above shall constitute effective delivery as described in the foregoing clause (i), of notification that such notice or communication is available and identifying the Communications to the Lender website address therefor; provided that, for purposes of the Loan Documents. Nothing herein shall prejudice the right of the Lender to give any notice both clauses (i) and (ii) above, if such notice, email or other communication pursuant is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next business day for the recipient. (d) Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. (e) The Administrative Agent, the Collateral Agent, the L/C Issuers and the Lenders shall be entitled to rely and act upon any notices (including telephonic Committed Loan Document Notices) purportedly given by or on behalf of the Parent Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other manner form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof except to the extent such reliance is deemed to be gross negligence, bad faith or willful misconduct of the Administrative Agent, Collateral Agent, L/C Issuer or Lender in a final non-appealable judgment of a court of competent jurisdiction. The Borrowers shall indemnify the Administrative Agent, the Collateral Agent, each L/C Issuer, each Lender and the Related Parties of each of them from all losses, costs, expenses and liabilities resulting from the reliance by such Loan DocumentPerson on each notice purportedly given by or on behalf of the Parent Borrower to the extent required by Section 10.05. All telephonic notices to and other telephonic communications with the Administrative Agent may be recorded by the Administrative Agent, and each of the parties hereto hereby consents to such recording.

Notices Electronic Communications. Except in the case of notices and other communications expressly permitted to be given by telephone, notices Notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax fax, as follows: (a) if to the Borrower, Holdings or e-mail shall be delivered, and all notices and any other communications expressly permitted hereunder to be given by telephone shall be madeCredit Party, to it at: c/o Wirepath LLC 1000 Xxxxxxxxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxxxxx, XX 00000 Attention: [*****] Tel: [*****] Electronic mail: [*****] (b) if to the applicable addressAdministrative Agent, Collateral Agent or Swingline Lender to it at: UBS AG, Stamford Branch Attention: Structured Finance Processing 600 Xxxxxxxxxx Xxxx., 0xx Xxxxx Xxxxxxxx, XX 00000 Facsimile: [*****] Telephone: [*****] Email: [*****] and (c) if to a Lender or Letter of Credit Issuer, to it at its address (or fax number) set forth on Schedule 13.2 or in the Assignment and Acceptance, e-mail address Incremental Agreement or telephone number specified for the applicable Person in Schedule 8.01documents relating to any Refinancing pursuant to which such Lender shall have become a party hereto. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service or sent by fax or on the date five Business Days after dispatch by certified or registered mail if mailed, in each case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 13.2 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.01Section 13.2. As agreed to among the Borrower and the Lender from time to time, notices Notices and other communications may also be delivered by e-mail to the e-mail email address of a representative of the applicable Person provided from time to time by such Person. The Borrower mayhereby agrees, unless directed otherwise by the Lender Administrative Agent or unless the e-electronic mail address referred to below has not been provided by the Lender Administrative Agent to the Borrower, and may that it will, or will cause its Subsidiaries to, provide to the Lender Administrative Agent all information, documents and other materials that it is obligated to furnish to the Lender Administrative Agent pursuant to the Loan Credit Documents or to the Lender Lenders under Article 5Section 9, including all notices, requests, financial statements, financial and other reports, certificates and other information materials materials, but excluding any such communication that (i) is or relates to a Notice of Borrowing or a notice pursuant to Section 2.6, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default under this Agreement or any other Credit Document or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing or other extension of credit hereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format reasonably acceptable to the Lender Administrative Agent to an e-electronic mail address as directed by the LenderAdministrative Agent. In addition, the Borrower shallagrees, and shall agrees to cause its Subsidiaries toSubsidiaries, to continue to provide the Communications to the LenderAdministrative Agent or the Lenders, as the case may be, in the manner specified in the Loan Credit Documents but only to the extent requested by the LenderAdministrative Agent. The Borrower hereby acknowledges that (a) the Administrative Agent will make available to the Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on Intralinks or another similar electronic system (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material non- public information with respect to Holdings (or any Parent Entity thereof) or the Borrower or any of their respective securities) (each, a “Public Lender”). The Borrower hereby agrees that (x) by marking Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Agents and the Lenders to treat the Borrower Materials as not containing any material non-public information with respect to Holdings (or any Parent Entity thereof) or the Borrower or any of their respective securities for purposes of United States federal securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 13.16); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Investor”; and (z) the Administrative Agent shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be deemed to be marked “PUBLIC” unless the Borrower notifies the Administrative Agent promptly that any such document contains material non-public information: (1) the Credit Documents, (2) notification of changes in the terms of the Credit Facilities and (3) all information delivered pursuant to Section 9.01(a) and (b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and Applicable Law, including United States federal securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to Holdings (or any Parent Entity thereof) or the Borrower or any of their respective securities for purposes of United States federal securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES HAVE ANY LIABILITY TO ANY CREDIT PARTY, ANY LENDER, ANY OTHER AGENT OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY CREDIT PARTY’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET OR NOTICES THROUGH THE PLATFORM, ANY OTHER ELECTRONIC PLATFORM OR ELECTRONIC MESSAGING SERVICE, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND IN A FINAL DECISION BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE, BAD FAITH OR WILLFUL MISCONDUCT. The Administrative Agent agrees that the receipt of the Communications by the Lender Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Credit Documents. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Credit Documents. Each Lender agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to such e-mail address. Nothing herein shall prejudice the right of the Administrative Agent or any Lender to give any notice or other communication pursuant to any Loan Credit Document in any other manner specified in such Loan Credit Document. The Administrative Agent and the Lenders shall be entitled to rely and act upon any notices (including telephonic notices, Notices of Borrowing and Letter of Credit Requests) purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. All telephonic notices to the Administrative Agent may be recorded by the Administrative Agent, and each of the parties hereto hereby consents to such recording. The words “execution,”, “execute” “signed,” “signature,” and words of like import in or related to any document to be signed in connection with this Agreement and the transactions contemplated hereby (including without limitation Assignment and Acceptances, amendments or other modifications, Notices of Borrowing, waivers and consents) shall be deemed to include electronic signatures, the electronic matching of assignment terms and contract formations on electronic platforms approved by the Administrative Agent or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any Applicable Law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act; provided that notwithstanding anything contained herein to the contrary the Administrative Agent is under no obligation to agree to accept electronic signatures in any form or in any format unless expressly agreed to by the Administrative Agent pursuant to procedures approved by it; provided, further, that electronic signatures from Lenders (including assignees) delivered pursuant to procedures in effect on the site maintained by the Administrative Agent with respect to the Facilities as of the Closing Date shall be acceptable to the Administrative Agent. For the avoidance of doubt, delivery of an executed counterpart of a signature page by facsimile or other electronic imaging means (e.g. “.pdf” or “.tif”) shall be effective as delivery of a manually executed counterpart, and shall not be considered an electronic signature.

Notices Electronic Communications. (a) Except as provided in the case of notices subsection (b) below, all notices, requests, consents and other communications expressly permitted to be given by telephone, notices and other communications provided for herein any party hereunder shall be in writing (including facsimile transmission or similar writing) and shall be delivered given to such party at its address or telex number or facsimile number set forth on Schedule 1 attached hereto. Notices sent by hand or overnight courier service, or mailed by certified or registered mail or sent by fax or e-mail shall be deliveredmail, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made, to the applicable address, fax number, e-mail address or telephone number specified for the applicable Person in Schedule 8.01. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given when received; notices sent by facsimile shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the date of receipt if next business day for the recipient). Notices delivered by hand or overnight courier service or sent by fax or on through electronic communications, to the date five Business Days after dispatch by certified or registered mail if mailedextent provided in paragraph (b) below, in each case delivered, sent or mailed (properly addressed) to such party shall be effective as provided in this Section 8.01 or in accordance with the latest unrevoked direction from such party given in accordance with this Sectionparagraph (c). 8.01. As agreed to among (b) Notices made by the Borrower consisting of requests for Loans or notices of repayments hereunder or items referred to in Sections 5.01(a) and (b) hereof may be delivered or furnished by e-mail or other electronic communication pursuant to procedures approved by the Agent, unless the Agent, in its discretion, previously notifies the Borrower otherwise, provided that the foregoing shall not apply to notices to any Bank pursuant to Article II if such Bank has notified the Agent and the Lender Borrower that it is incapable of receiving notices under such Article by electronic communication. In furtherance of the foregoing, each Bank hereby agrees to notify the Agent in writing, on or before the date such Bank becomes a party to this Agreement, of such Bank’s e-mail address to which a notice may be sent (and from time to timetime thereafter to ensure that the Agent has on record an effective e-mail address for such Bank). The Agent may, in its discretion, agree to accept other notices and communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may be limited to particular notices or communications. Neither the Agent, any Bank, the Borrower nor any of the directors, officers, employees, agents or Affiliates of the Agent, any Bank or the Borrower shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby, except to the extent that any such damages are found by a final and non-appealable decision of a court of competent jurisdiction to have resulted from the gross negligence or willful misconduct of such Person. (c) Unless the Agent otherwise prescribes, (i) notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. The Borrower may, unless directed otherwise by the Lender or unless the e-mail address referred to below has not been provided by the Lender to the Borrower, and may cause its Subsidiaries to, provide to the Lender information, documents and other materials that it is obligated to furnish to the Lender pursuant to the Loan Documents or to the Lender under Article 5, including all notices, requests, financial statements, financial and other reports, certificates and other information materials (all such communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender sent to an e-mail address as directed shall be deemed to have been given when received by the Lender. In addition, the Borrower shallintended recipient, and (ii) if agreed to pursuant to paragraph (b) above, notices or communications posted to an Internet or intranet website shall cause its Subsidiaries to, continue to provide be deemed received upon the Communications to the Lender, as the case may be, in the manner specified in the Loan Documents to the extent requested deemed receipt by the Lender. The Lender agrees that the receipt of the Communications by the Lender intended recipient at its e-mail address set forth above shall constitute effective delivery as described in the foregoing clause (i) of notification that such notice or communication is available and identifying the Communications to the Lender website address therefor; provided that, for purposes of the Loan Documents. Nothing herein shall prejudice the right of the Lender to give any notice both clauses (i) and (ii), if such notice, email or other communication pursuant is not sent during the normal business hours of the recipient, such notice, email or communication shall be deemed to any Loan Document in any have been sent at the opening of business on the next business day for the recipient. (d) Any party hereto may change its address, facsimile number or e-mail address for notices and other manner specified in such Loan Documentcommunications hereunder by notice to the other parties hereto. (1) Article IX of the Credit Agreement is hereby amended by inserting immediately after the text of Section 9.12 the following new Section 9.13:

Notices Electronic Communications. (a) Except as provided in the case of notices and other communications expressly permitted to be given by telephoneparagraph (b) below, all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax facsimile as follows: (i) if to a Borrower or e-mail shall be delivered, and all notices and other communications expressly permitted hereunder to be given by telephone shall be madethe Fund, to it at the applicable address, fax number, e-mail address or telephone number specified for at the applicable Person in Schedule 8.01. All notices and other communications given to any party hereto in accordance with the provisions beginning of this Agreement Agreement, Attention of: Xxxx Xxxxx or via facsimile at No: (000) 000-0000; and (ii) if to the Bank, to Xxxx Xxxxxxxxx, Vice President, or Fund Finance Department Head at M/S SFC0310, State Street Bank and Trust Company, Xxx Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Notices sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received; notices sent by facsimile shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the date of receipt if next business day for the recipient). Notices delivered by hand or overnight courier service or sent by fax or on through electronic communications, to the date five Business Days after dispatch by certified or registered mail if mailedextent provided in paragraph (b) below, in each case delivered, sent or mailed (properly addressed) to such party shall be effective as provided in said paragraph (b). (b) Notices made by a Borrower or Fund consisting of requests for loans or notices of repayments hereunder may be delivered or furnished by e-mail, facsimile or other electronic communication pursuant to procedures approved by the Bank, unless the Bank, in its discretion, notifies such Borrower otherwise. Communications transmitted by the Borrower or the Fund consisting of financial information permitted to be delivered by electronic means pursuant to the last paragraph of Section II(1) of this Section 8.01 Agreement may be delivered or furnished by electronic means as provided in accordance with such Section. The Bank may, in its discretion, agree to accept other notices and communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may be limited to particular notices or communications. Neither the latest unrevoked direction Bank nor any of its directors, officers, employees, agents or affiliates shall be liable for any damages arising from such party given the use by unintended recipients of any information or other materials distributed through telecommunications, electronic or other information transmission systems in accordance connection with this Section 8.01Agreement or the other Loan Documents or the transactions contemplated hereby or thereby. As agreed to among Credit Suisse Family of Funds November 3, 2017 Unless the Borrower and the Lender from time to timeBank otherwise prescribes, (i) notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. The Borrower may, unless directed otherwise by the Lender or unless the e-mail address referred to below has not been provided by the Lender to the Borrower, and may cause its Subsidiaries to, provide to the Lender information, documents and other materials that it is obligated to furnish to the Lender pursuant to the Loan Documents or to the Lender under Article 5, including all notices, requests, financial statements, financial and other reports, certificates and other information materials (all such communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender sent to an e-mail address as directed shall be deemed to have been given when received by the Lender. In addition, Bank and (ii) financial information posted to an Internet or intranet website shall be deemed received upon the Borrower shall, and shall cause its Subsidiaries to, continue to provide the Communications to the Lender, as the case may be, in the manner specified in the Loan Documents to the extent requested deemed receipt by the Lender. The Lender agrees that the receipt of the Communications by the Lender intended recipient, at its e-mail address set forth above shall constitute effective delivery as described in the foregoing clause (i), of notification that such notice or communication is available and identifying the Communications to the Lender website address therefor; provided that, for purposes of the Loan Documents. Nothing herein shall prejudice the right of the Lender to give any notice both clauses (i) and (ii) above, if such notice, email or other communication pursuant is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to any Loan Document in any have been sent at the opening of business on the next Business Day for the recipient. (c) Any party hereto may change its address, facsimile number or email address for notices and other manner specified in such Loan Documentcommunications hereunder by notice to the other parties hereto.

Notices Electronic Communications. Except in the case of notices and other communications expressly permitted to be given by telephone, notices Notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax fax, as follows: (a) if to the Borrower, Holdings or e-mail shall be delivered, and all notices and any other communications expressly permitted hereunder to be given by telephone shall be madeCredit Party, to it at: c/o Wirepath LLC 1000 Xxxxxxxxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxxxxx, XX 00000 Attention: [*****] Tel: [*****] Electronic mail: [*****] (b) if to the applicable addressAdministrative Agent, Collateral Agent or Swingline Lender to it at: UBS AG, Stamford Branch Attention: Structured Finance Processing 600 Xxxxxxxxxx Xxxx., 0xx Xxxxx Xxxxxxxx, XX 00000 Facsimile: [*****] Telephone: [*****] Email: [*****] and (c) if to a Lender or Letter of Credit Issuer, to it at its address (or fax number) set forth on Schedule 13.2 or in the Assignment and Acceptance, e-mail address Incremental Agreement or telephone number specified for the applicable Person in Schedule 8.01documents relating to any Refinancing pursuant to which such Lender shall have become a party hereto. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service or sent by fax or on the date five Business Days after dispatch by certified or registered mail if mailed, in each case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 13.2 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.01Section 13.2. As agreed to among the Borrower and the Lender from time to time, notices Notices and other communications may also be delivered by e-mail to the e-mail email address of a representative of the applicable Person provided from time to time by such Person. The Borrower mayhereby agrees, unless directed otherwise by the Lender Administrative Agent or unless the e-electronic mail address referred to below has not been provided by the Lender Administrative Agent to the Borrower, and may that it will, or will cause its Subsidiaries to, provide to the Lender Administrative Agent all information, documents and other materials that it is obligated to furnish to the Lender Administrative Agent pursuant to the Loan Credit Documents or to the Lender Lenders under Article 5Section 9, including all notices, requests, financial statements, financial and other reports, certificates and other information materials materials, but excluding any such communication that (i) is or relates to a Notice of Borrowing or a notice pursuant to Section 2.6, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default under this Agreement or any other Credit Document or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing or other extension of credit hereunder (all such non- excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format reasonably acceptable to the Lender Administrative Agent to an e-electronic mail address as directed by the LenderAdministrative Agent. In addition, the Borrower shallagrees, and shall agrees to cause its Subsidiaries toSubsidiaries, to continue to provide the Communications to the LenderAdministrative Agent or the Lenders, as the case may be, in the manner specified in the Loan Credit Documents but only to the extent requested by the LenderAdministrative Agent. The Borrower hereby acknowledges that (a) the Administrative Agent will make available to the Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on Intralinks or another similar electronic system (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material non- public information with respect to Holdings (or any Parent Entity thereof) or the Borrower or any of their respective securities) (each, a “Public Lender”). The Borrower hereby agrees that (x) by marking Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Agents and the Lenders to treat the Borrower Materials as not containing any material non-public information with respect to Holdings (or any Parent Entity thereof) or the Borrower or any of their respective securities for purposes of United States federal securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 13.16); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Investor”; and (z) the Administrative Agent shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be deemed to be marked “PUBLIC” unless the Borrower notifies the Administrative Agent promptly that any such document contains material non-public information: (1) the Credit Documents, (2) notification of changes in the terms of the Credit Facilities and (3) all information delivered pursuant to Section 9.01(a) and (b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and Applicable Law, including United States federal securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to Holdings (or any Parent Entity thereof) or the Borrower or any of their respective securities for purposes of United States federal securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES HAVE ANY LIABILITY TO ANY CREDIT PARTY, ANY LENDER, ANY OTHER AGENT OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY CREDIT PARTY’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET OR NOTICES THROUGH THE PLATFORM, ANY OTHER ELECTRONIC PLATFORM OR ELECTRONIC MESSAGING SERVICE, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND IN A FINAL DECISION BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE, BAD FAITH OR WILLFUL MISCONDUCT. The Administrative Agent agrees that the receipt of the Communications by the Lender Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Credit Documents. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Credit Documents. Each Lender agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to such e-mail address. Nothing herein shall prejudice the right of the Administrative Agent or any Lender to give any notice or other communication pursuant to any Loan Credit Document in any other manner specified in such Loan Credit Document. The Administrative Agent and the Lenders shall be entitled to rely and act upon any notices (including telephonic notices, Notices of Borrowing and Letter of Credit Requests) purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. All telephonic notices to the Administrative Agent may be recorded by the Administrative Agent, and each of the parties hereto hereby consents to such recording. The words “execution,”, “execute” “signed,” “signature,” and words of like import in or related to any document to be signed in connection with this Agreement and the transactions contemplated hereby (including without limitation Assignment and Acceptances, amendments or other modifications, Notices of Borrowing, waivers and consents) shall be deemed to include electronic signatures, the electronic matching of assignment terms and contract formations on electronic platforms approved by the Administrative Agent or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any Applicable Law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act; provided that notwithstanding anything contained herein to the contrary the Administrative Agent is under no obligation to agree to accept electronic signatures in any form or in any format unless expressly agreed to by the Administrative Agent pursuant to procedures approved by it; provided, further, that electronic signatures from Lenders (including assignees) delivered pursuant to procedures in effect on the site maintained by the Administrative Agent with respect to the Facilities as of the Closing Date shall be acceptable to the Administrative Agent. For the avoidance of doubt, delivery of an executed counterpart of a signature page by facsimile or other electronic imaging means (e.g. “.pdf” or “.tif”) shall be effective as delivery of a manually executed counterpart, and shall not be considered an electronic signature.

Notices Electronic Communications. Except in the case of notices and other communications expressly permitted to be given by telephone, notices 117 (a) Notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax or efax, as follows: (i) if to the Borrower, to it at: Jxxxxxx Xxxxxx 3 Xxxxxxxxx Xxxxx X-0000 Xxxxxxxxxx Tel: +000 00000 000 Fax: +000 00000 000 E-mail shall be delivered, and all notices and other communications expressly permitted hereunder mail: jxxxxxx.xxxxxx@xxxxxx.xxx (ii) if to be given by telephone shall be madethe Administrative Agent, to the applicable address, fax facsimile number, e-electronic mail address or telephone number specified for such Person on Schedule 9.01(b); and (iii) if to a Lender, to such Lender at its address (or fax number) set forth on Schedule 2.01 or in the applicable Person Assignment and Acceptance pursuant to which such Lender shall have become a party hereto or as otherwise communicated in Schedule 8.01. writing from time to time by such Lender to the Borrower and the Administrative Agent. (b) All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service or sent by fax or on the date five Business Days after dispatch by certified or registered mail if mailed, in each case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 9.01 or in accordance with the latest unrevoked direction from such party given in accordance with this SectionSection 9.01. 8.01. (c) As agreed to among the Borrower Borrower, the Administrative Agent and the Lender applicable Lenders from time to time, notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. Notices and other communications to the Lenders hereunder may be delivered or furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by the Administrative Agent; provided that the foregoing shall not apply to notices to any Lender pursuant to Article II if such Lender has notified the Administrative Agent that it is incapable of receiving notices under Article II by electronic communication. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may be limited to particular notices or communications. (d) Unless the Administrative Agent otherwise prescribes, (i) notices and other communications sent to an e-mail address shall be deemed received upon the intended recipient’s receipt of the notice or communication, which shall be evidenced by an acknowledgment from the intended recipient (such as by the “delivery receipt” function, as available, return e-mail or other written acknowledgement); provided that, if such notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next Business Day for the recipient; provided, further, that if the sender receives an “out-of-office” reply e-mail containing instructions regarding notification to another person in the intended recipient’s absence, such notice or other communication shall be deemed received upon the sender’s compliance with such instructions, and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient at its e-mail address as described in the foregoing clause (i) of notification that such notice or communication is available and identifying the website address therefor. 118 (e) The Borrower mayhereby agrees, unless directed otherwise by the Lender Administrative Agent or unless the e-mail address referred to below has not been provided by the Lender Administrative Agent to the Borrower, and may that it will, or will cause its Subsidiaries to, provide to the Lender Administrative Agent all information, documents and other materials that it is obligated to furnish to the Lender Administrative Agent pursuant to the Loan Documents or to the Lender Lenders under Article 5IV of Annex I hereof or under Article V hereof, including all notices, requests, financial statements, financial and other reports, certificates and other information materials materials, but excluding any such communication that (i) is or relates to a Borrowing Request, a notice pursuant to Section 2.10, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default under this Agreement or any other Loan Document or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing or other extension of credit hereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender Administrative Agent to an e-mail address as directed by the LenderAdministrative Agent. In addition, the Borrower shallagrees, and shall agrees to cause its Subsidiaries toSubsidiaries, to continue to provide the Communications to the LenderAdministrative Agent or the Lenders, as the case may be, in the manner specified in the Loan Documents but only to the extent requested by the Administrative Agent. (f) The Borrower hereby acknowledges that (i) the Administrative Agent will make available to the Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (ii) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material non-public information with respect to the Borrower, its Subsidiaries or their respective securities for purposes of United States federal and state securities laws) (each, a “Public Lender”). The Borrower hereby agrees that (w) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower, its Subsidiaries or their respective securities for purposes of United States federal and state securities laws (provided, however, that to the extent the Borrower Materials constitute Information, they shall be treated as set forth in Section 9.16); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Investor;” and (z) the Administrative Agent shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” 119 Notwithstanding the foregoing, the following Borrower Materials shall be marked “PUBLIC” and the Borrower agrees that the following documents may be distributed to all Lenders (including Public Lenders) unless, solely with respect to the documents described in clauses (B) and (C) below, the Borrower advises the Administrative Agent in writing (including by e-mail) within a reasonable time prior to their intended distribution that such material should only be distributed to Lenders other than Public Lenders (it being agreed that the Borrower and its counsel shall have been given a reasonable opportunity to review such documents and comply with applicable securities law disclosure obligations): (A) the Loan Documents; (B) administrative materials prepared by the Administrative Agent for prospective Lenders; (C) term sheets and notification of changes in the terms of the Term Facility; and (D) the Audited Financial Statements and the financial statements and certificates furnished pursuant to Section 4.10 of Annex I. (g) Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Borrower or its securities for purposes of United States Federal or state securities laws. (h) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES HAVE ANY LIABILITY TO ANY LOAN PARTY, ANY LENDER OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY LOAN PARTY’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND IN A FINAL RULING BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. (i) The Administrative Agent agrees that the receipt of the Communications by the Lender Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Loan Documents. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Documents. Nothing herein shall prejudice Each Lender agrees to notify the right Administrative Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the Lender foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to give any notice or other communication pursuant to any Loan Document in any other manner specified in such Loan Documente-mail address.

Notices Electronic Communications. Except in the case of notices and other communications expressly permitted to be given by telephonetelephone (and except for electronic communication provided below), all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax facsimile as follows: (a) if to the Borrower or eif to Intermediate Holdings, to: 0000 Xxxxxxxxx Xxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxx 00000-mail shall be delivered0000 Attn: General Counsel Telecopy: (000) 000-0000 Telephone: (000) 000-0000 (b) if to the Administrative Agent or the Collateral Trustee, and all notices and other communications expressly permitted hereunder to: Credit Suisse, Agency Manager, Xxx Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000 Fax No. 000-000-0000 Email: xxxxxx.xxxxxxx@xxxxxx-xxxxxx.xxx (c) if to be given by telephone shall be madea Lender, to the applicable addressit at its address (or facsimile number) set forth in its Administrative Questionnaire. Notices sent by hand or overnight courier service, fax numberor mailed by certified or registered mail, e-mail address or telephone number specified for the applicable Person in Schedule 8.01. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given when received; notices sent by facsimile shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the date of receipt if next Business Day for the recipient). Notices delivered by hand or overnight courier service or sent by fax or on through electronic communications, to the date five Business Days after dispatch by certified or registered mail if mailedextent provided in the immediately succeeding paragraph below, in each case delivered, sent or mailed (properly addressed) to such party shall be effective as provided in this Section 8.01 said paragraph. Notices and other communications to the Lenders hereunder may be delivered or in accordance with furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by the latest unrevoked direction from Administrative Agent; provided that the foregoing shall not apply to notices to any Lender pursuant to Article II if such party given in accordance with this Section 8.01Lender has notified the Administrative Agent that it is incapable of receiving notices under such Article by electronic communication. As agreed to among The Administrative Agent or the Borrower and the Lender from time may, in its discretion, agree to time, accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may also be delivered by e-mail limited to particular notices or communications. Unless the e-mail address of a representative of the applicable Person provided from time to time by such Person. The Borrower mayAdministrative Agent otherwise prescribes, unless directed otherwise by the Lender or unless the e-mail address referred to below has not been provided by the Lender to the Borrower, and may cause its Subsidiaries to, provide to the Lender information, documents (i) notices and other materials that it is obligated to furnish to the Lender pursuant to the Loan Documents or to the Lender under Article 5, including all notices, requests, financial statements, financial and other reports, certificates and other information materials (all such communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as directed by the Lender. In addition“return receipt requested” function, the Borrower shallas available, return e-mail or other written acknowledgement), and (ii) notices or communications posted to an Internet or intranet website shall cause its Subsidiaries to, continue to provide be deemed received upon the Communications to the Lender, as the case may be, in the manner specified in the Loan Documents to the extent requested deemed receipt by the Lender. The Lender agrees that the receipt of the Communications by the Lender intended recipient, at its e-mail address set forth above shall constitute effective delivery as described in the foregoing clause (i), of notification that such notice or communication is available and identifying the Communications to the Lender website address therefor; provided that, for purposes of the Loan Documents. Nothing herein shall prejudice the right of the Lender to give any notice both clauses (i) and (ii) above, if such notice, email or other communication pursuant is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next Business Day for the recipient. Any party hereto may change its address or facsimile number for notices and other communications hereunder by notice to the other parties hereto. Each Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). The Platform is provided “as is” and “as available.” The Administrative Agent or any of its Related Parties do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by Administrative Agent or any of its Related Parties in connection with the Communications or the Platform. In no event shall the Administrative Agent or any of its Related Parties have any liability to the Borrower or the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Loan Document in any other manner specified in such Loan Document.Party’s or

Notices Electronic Communications. Except (a) All notices, requests and other communications to any party hereunder shall be in writing (including bank wire, facsimile transmission or similar writing) and shall be given to such party: (i) in the case of notices the Company or the Agent, at its address or facsimile number set forth on the signature pages hereof, (ii) in the case of any Borrower other than the Company, in the care of the Company at the Company’s address or facsimile number set forth on the signature pages hereof, (iii) in the case of any Lender, at its address or facsimile number set forth in its Administrative Questionnaire or (iv) in the case of any party, such other address or facsimile number as such party may hereafter specify for the purpose by notice to the Agent and the Company. Each such notice, request or other communications expressly permitted to communication shall be effective (A) if given by telephonefacsimile transmission, when transmitted to the facsimile number specified in this Section and confirmation of receipt is received, (B) if given by mail, 72 hours after such communication is deposited in the mails with first class postage prepaid, addressed as aforesaid or (C) if given by any other means, when delivered at the address specified in this Section; provided that notices to the Agent under Article 2 or Article 8 shall not be effective until received. (b) In addition to the foregoing, notices and other communications provided for herein shall be in writing to the Lenders and shall the LC Issuers hereunder may be delivered or furnished by hand or overnight courier service, mailed by certified or registered mail or sent by fax or electronic communication (including e-mail and internet or intranet websites) pursuant to procedures approved by the Agent or as otherwise determined by the Agent, provided that the foregoing shall not apply to notices to any Lender or any LC Issuer pursuant to Article 2 (in which case such Lender shall be deliveredentitled to receive hard copies of such notices or communications) if such Lender or such LC Issuer, and all as applicable, has notified the Agent that it is incapable of receiving notices under such Article by electronic communication. The Agent or the Company may, in its respective discretion, agree to accept notices and other communications expressly permitted to it hereunder by electronic communications pursuant to procedures approved by it or as it otherwise determines, provided that such determination or approval may be given by telephone shall be madelimited to particular notices or communications. Unless the Agent otherwise prescribes, (i) notices and other communications sent to the applicable address, fax number, an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or telephone number specified for other written acknowledgement), provided that if such notice or other communication is not given during the applicable Person in Schedule 8.01. All notices and other communications given to any party hereto in accordance with normal business hours of the provisions of this Agreement recipient, such notice or communication shall be deemed to have been given at the opening of business on the date of next Business Day for the recipient, and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt if delivered by hand or overnight courier service or sent by fax or on the date five Business Days after dispatch by certified or registered mail if mailed, in each case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.01. As agreed to among the Borrower and the Lender from time to time, notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. The Borrower may, unless directed otherwise by the Lender or unless the e-mail address referred to below has not been provided by the Lender to the Borrower, and may cause intended recipient at its Subsidiaries to, provide to the Lender information, documents and other materials that it is obligated to furnish to the Lender pursuant to the Loan Documents or to the Lender under Article 5, including all notices, requests, financial statements, financial and other reports, certificates and other information materials (all such communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender to an e-mail address as directed described in the foregoing clause (i) of notification that such notice or communication is available and identifying the website address therefor; provided, further, that the Agent, the Company or any Lender party hereto may specify multiple e-mail addresses for receipt of any notices or communications by such means, and receipt by any one of such multiple e-mail addressees as set forth above shall be deemed to have been received by the Lender. In additionAgent, the Borrower shall, and shall cause its Subsidiaries to, continue to provide the Communications to the Company or such Lender, as the case may be. (c) Any party hereto may change its address or facsimile number for notices and other communications hereunder by notice to the other parties hereto or, in the manner specified in the Loan Documents case of any Lender, by notice to the extent requested by Agent and the Lender. The Lender agrees that the receipt of the Communications by the Lender at its e-mail address set forth above shall constitute effective delivery of the Communications to the Lender for purposes of the Loan Documents. Nothing herein shall prejudice the right of the Lender to give any notice or other communication pursuant to any Loan Document in any other manner specified in such Loan DocumentCompany.

Notices Electronic Communications. (a) Except in the case of notices and other communications as otherwise expressly permitted to be given by telephoneprovided herein, all notices and other communications provided for herein hereunder shall be in writing (including telegraphic, telecopier or cable communication) and mailed, telegraphed, telecopied, cabled or delivered: if to any Credit Party, at the address specified opposite its signature below or in the other relevant Credit Documents; if to any Lender, at its address specified on Schedule 12.03; and if to the Administrative Agent, at the Notice Office; or, as to any Credit Party or the Administrative Agent, at such other address as shall be delivered designated by hand such party in a written notice to the other parties hereto and, as to each Lender, at such other address as shall be designated by such Lender in a written notice to the Administrative Borrower and the Administrative Agent. All such notices and communications shall, when mailed, telegraphed, telecopied, or overnight courier service, mailed by certified or registered mail cabled or sent by fax or e-mail shall overnight courier, be deliveredeffective when deposited in the mails, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made, delivered to the applicable addresstelegraph company, fax number, e-mail address or telephone number specified for the applicable Person in Schedule 8.01. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand cable company or overnight courier service courier, as the case may be, or sent by fax telecopier; except, that notices and communications to the Administrative Agent and the Borrowers shall not be effective until received by the Administrative Agent or on the date five Business Days after dispatch by certified or registered mail if mailedBorrowers, in each as the case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.01may be. As agreed to among the Borrower Administrative Borrower, the Administrative Agent and the Lender applicable Lenders from time to time, notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. . (b) The Administrative Borrower mayhereby agrees, unless directed otherwise by the Lender Administrative Agent or unless the e-electronic mail address referred to below has not been provided by the Lender Administrative Agent to the Administrative Borrower, and may that it will, or will cause its Subsidiaries to, provide to the Lender Administrative Agent all information, documents and other materials that it is obligated to furnish to the Lender Administrative Agent pursuant to the Loan Credit Documents or to the Lender Lenders under Article 5Section 8, including all notices, requests, financial statements, financial and other reports, certificates and other information materials materials, but excluding any such communication that (i) is or relates to a Notice of Borrowing or a Notice of Conversion/Continuation, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default under this Agreement or any other Credit Document or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing or other extension of credit hereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender Administrative Agent to an e-electronic mail address as directed by the LenderAdministrative Agent. In addition, the Administrative Borrower shallagrees, and shall agrees to cause its Subsidiaries toSubsidiaries, to continue to provide the Communications to the LenderAdministrative Agent or the Lenders, as the case may be, in the manner specified in the Loan Credit Documents but only to the extent requested by the Administrative Agent. (c) The Borrowers hereby acknowledge that (a) the Administrative Agent will make available to the Lenders materials and/or information provided by or on behalf of the Borrowers hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on Intralinks, SyndTrak or another similar electronic system (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material non-public information with respect to the Administrative Borrower, its Subsidiaries or their securities) (each, a “Public Lender”). The Borrowers hereby agree that (w) all the Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking the Borrower Materials “PUBLIC,” the Borrowers shall be deemed to have authorized the Administrative Agent and the Lenders to treat such the Borrower Materials as not containing any material non-public information with respect to the Administrative Borrower or its securities for purposes of United States federal and state securities laws (provided, however, that to the extent such the Borrower Materials constitute Information, they shall be treated as set forth in Section 12.16); (y) all the Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Investor;” and (z) the Administrative Agent shall be entitled to treat the Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following the Borrower Materials shall be marked “PUBLIC”, unless the Administrative Borrower notifies the Administrative Agent promptly that any such document contains material non-public information: (1) the Credit Documents and (2) notification of changes in the terms of this Agreement or the other Credit Documents. (d) Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower or its securities for purposes of United States Federal or state securities laws. The Borrowers agree to use all commercially reasonable efforts to xxxx any document provided under Section 8.01(a), (b) and (e) “PUBLIC.” (e) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES HAVE ANY LIABILITY TO ANY CREDIT PARTY, ANY LENDER OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY CREDIT PARTY’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND IN A FINAL RULING BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH PERSON’S GROSS NEGLIGENCE, BAD FAITH OR WILLFUL MISCONDUCT. (f) The Administrative Agent agrees that the receipt of the Communications by the Lender Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Credit Documents. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Credit Documents. Each Lender agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to such e-mail address. (g) Nothing herein shall prejudice the right of the Administrative Agent or any Lender to give any notice or other communication pursuant to any Loan Credit Document in any other manner specified in such Loan Credit Document.

Notices Electronic Communications. Except in the case of notices and other communications expressly permitted to be given by telephone, notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax or e-mail shall be delivered, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made, to the applicable address, fax number, e-mail address or telephone number specified for the applicable Person in Schedule 8.01. All notices and other communications given required or expressly authorized to any party hereto in accordance with the provisions of be made by this Agreement shall be given in writing, unless otherwise expressly specified herein, and (i) addressed to the address set forth on the applicable signature page hereto (or with respect to a Lender, in its Administrative Questionnaire) or (ii) addressed to such other address as shall be notified in writing (A) in the case of the Borrower, the Administrative Agent and Collateral Agent, to the other parties hereto and (B) in the case of all other parties, to the Borrower and the Administrative Agent. Transmissions made by electronic mail to the Administrative Agent shall be effective only (x) for notices where such transmission is specifically authorized by this Agreement, (y) if such transmission is delivered in compliance with procedures of the Administrative Agent applicable at the time and previously communicated to the Borrower, and (z) if receipt of such transmission is acknowledged by the Administrative Agent. All communications described in the preceding paragraph and all other notices, demands, requests and other communications made in connection with this Agreement shall be effective and be deemed to have been given on the date of receipt received (i) if delivered by hand or hand, upon personal delivery, (ii) if delivered by overnight courier service or sent service, one (1) Business Day after delivery to such courier service, (iii) if delivered by fax or on the date five mail, three (3) Business Days after dispatch deposit in the mail, and (iv) if delivered by certified or registered mail if mailedelectronic mail, upon sender’s receipt of confirmation of proper transmission; provided, however, that no communications to the Administrative Agent pursuant to Article II shall be effective until received by the Administrative Agent. Each Lender shall notify the Administrative Agent in each case delivered, sent or mailed (properly addressed) writing of any changes in the address to which notices to such party as provided in this Section 8.01 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.01. As agreed to among the Borrower and the Lender from time to timeshould be directed, notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time addresses of its lending office, of payment instructions in respect of all payments to time by be made to it hereunder and of such Personother administrative information as the Administrative Agent shall reasonably request. The Borrower mayhereby agrees, unless directed otherwise by the Lender Administrative Agent or unless the e-a working electronic mail address referred to below has not been provided by the Lender Administrative Agent to the Borrower, and may that it will, or will cause its Subsidiaries to, provide to the Lender Administrative Agent all information, documents and other materials that it is obligated to furnish to the Lender Administrative Agent pursuant to the Loan Documents or to the Lender Lenders under Article 5V, including all notices, requests, financial statements, financial and other reports, certificates and other information materials materials, but excluding any such communication that (i) is or relates to a Borrowing Request, a notice pursuant to Section 2.11, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default under this Agreement or any other Loan Document or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing or other extension of credit hereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format reasonably acceptable to the Lender Administrative Agent to an e-electronic mail address as directed by the LenderAdministrative Agent. In addition, the Borrower shallagrees, and shall agrees to cause its Subsidiaries toSubsidiaries, to continue to provide the Communications to the LenderAdministrative Agent or the Lenders, as the case may be, in the manner specified in the Loan Documents but only to the extent requested by the LenderAdministrative Agent. Subject to the terms of the preceding sentence and the provisions of the first paragraph of this Section 9.01, each of the Administrative Agent, the Lenders, each Loan Party and each of their Related Parties, is authorized (but not required) to transmit, post or otherwise make or communicate, in its sole discretion, Electronic Transmissions in connection with any Loan Document and the transactions contemplated therein. Each Loan Party and each Secured Party hereto acknowledges and agrees that the use of Electronic Transmissions is not necessarily secure and that there are risks associated with such use, including risks of interception, disclosure and abuse and each indicates it assumes and accepts such risks by hereby authorizing the transmission of Electronic Transmissions. Subject to the provisions of the first paragraph of this Section 9.01, (i)(A) each E-Signature on any such posting shall be deemed sufficient to satisfy any requirement for a “signature” and (B) each such posting shall be deemed sufficient to satisfy any requirement for a “writing”, in each case including pursuant to any Loan Document, any applicable provision of any Uniform Commercial Code, the federal Uniform Electronic Transactions Act, the Electronic Signatures in Global and National Commerce Act and any substantive or procedural Requirement of Law governing such subject matter, (ii) each such posting that is not readily capable of bearing either a signature or a reproduction of a signature may be signed, and shall be deemed signed, by attaching to, or logically associating with such posting, an E-Signature, upon which the Administrative Agent, each other Secured Party and each Loan Party may rely and assume the authenticity thereof, (iii) each such posting containing a signature, a reproduction of a signature or an E-Signature shall, for all intents and purposes, have the same effect and weight as a signed paper original and (iv) each party hereto or beneficiary hereto agrees not to contest the validity or enforceability of any E-Signature under the provisions of any applicable Requirements of Law requiring certain documents to be in writing or signed; provided, however, that nothing herein shall limit such party’s or beneficiary’s right to contest whether any E-Signature has been altered after transmission. The Borrower hereby acknowledges that (a) the Administrative Agent may make available to the Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on a secure web-based platform (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive MNPI with respect to the Borrower or its securities) (each, a “Public Lender”). The Borrower hereby agrees that (w) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, means that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking the Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such Borrower Materials as not containing any MNPI with respect to the Borrower or its securities for purposes of United States federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.16); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Investor;” and (z) the Administrative Agent shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be deemed to be marked “PUBLIC”, unless the Borrower notifies the Administrative Agent promptly that any such document contains MNPI: (1) the Loan Documents, including all schedules thereto, and administrative materials of a customary nature prepared by the Loan Parties or the Administrative Agent, (2) notification of changes in the terms of the Credit Facilities and (3) all financial statements and certificates delivered pursuant to Sections 5.04(a), (b), (c) and (d). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable Requirements of Law, including United States Federal and state securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain MNPI with respect to the Borrower or its securities for purposes of United States Federal or state securities laws. THE PLATFORM AND ALL ELECTRONIC TRANSMISSIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM OR ELECTRONIC TRANSMISSIONS AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS AND ELECTRONIC TRANSMISSIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM OR ELECTRONIC TRANSMISSIONS. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES HAVE ANY LIABILITY TO ANY LOAN PARTY, ANY LENDER OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY LOAN PARTY’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS OR ELECTRONIC TRANSMISSIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND IN A FINAL RULING BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE BORROWER, EACH OTHER LOAN PARTY EXECUTING THIS AGREEMENT, EACH LENDER AND EACH OTHER SECURED PARTY AGREES THAT ADMINISTRATIVE AGENT AND ITS RELATED PARTIES HAVE NO RESPONSIBILITY FOR MAINTAINING OR PROVIDING ANY EQUIPMENT, SOFTWARE, SERVICES OR ANY TESTING REQUIRED IN CONNECTION WITH ANY ELECTRONIC TRANSMISSION. The Administrative Agent agrees that the receipt of the Communications by the Lender at Administrative Agent by Electronic Transmission to its e-mail address set forth above provided for such purpose shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Loan Documents. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Documents. Each Lender agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the foregoing notice may be sent by Electronic Transmission and that the foregoing notice may be sent to such e-mail address. Nothing herein shall prejudice the right of the Administrative Agent or any Lender to give any notice or other communication pursuant to any Loan Document in any other manner specified in such Loan Document. Furthermore, the Administrative Agent is hereby authorized by each Loan Party and each Lender to establish procedures (and to amend such procedures from time to time) to facilitate administration and servicing of the Loans and other matters incidental thereto. Without limiting the generality of the foregoing, the Administrative Agent is hereby authorized to establish procedures to make available or deliver, or to accept, notices, documents and similar items on, by posting to or submitting and/or completion, on a secure web-based platform.

Notices Electronic Communications. (a) Except in the case of notices and other communications as otherwise expressly permitted to be given by telephoneprovided herein, all notices and other communications provided for herein hereunder shall be in writing (including telegraphic, telecopier or cable communication) and mailed, telegraphed, telecopied, cabled or delivered: if to any Credit Party, at the address specified opposite its signature below or in the other relevant Credit Documents; if to any Lender, at its address specified on Schedule 12.03; and if to the Administrative Agent, at the Notice Office; or, as to any Credit Party or the Administrative Agent, at such other address as shall be delivered designated by hand such party in a written notice to the other parties hereto and, as to each Lender, at such other address as shall be designated by such Lender in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall, when mailed, telegraphed, telecopied, or overnight courier service, mailed by certified or registered mail cabled or sent by fax or e-mail shall overnight courier, be deliveredeffective when deposited in the mails, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made, delivered to the applicable addresstelegraph company, fax number, e-mail address or telephone number specified for the applicable Person in Schedule 8.01. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand cable company or overnight courier service courier, as the case may be, or sent by fax telecopier, except that notices and communications to the Administrative Agent and the Borrower shall not be effective until received by the Administrative Agent or on the date five Business Days after dispatch by certified or registered mail if mailedBorrower, in each as the case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.01may be. As agreed to among the Borrower Borrower, the Administrative Agent and the Lender applicable Lenders from time to time, notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. . (b) The Borrower mayhereby agrees, unless directed otherwise by the Lender Administrative Agent or unless the e-electronic mail address referred to below has not been provided by the Lender Administrative Agent to the Borrower, and may that it will, or will cause its Subsidiaries to, provide to the Lender Administrative Agent all information, documents and other materials that it is obligated to furnish to the Lender Administrative Agent pursuant to the Loan Credit Documents or to the Lender Lenders under Article 5Section 8, including all notices, requests, financial statements, financial and other reports, certificates and other information materials materials, but excluding any such communication that (i) is or relates to a Notice of Borrowing or a Notice of Conversion/Continuation, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default under this Agreement or any other Credit Document or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing or other extension of credit hereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender Administrative Agent to an e-electronic mail address as directed by the LenderAdministrative Agent. In addition, the Borrower shallagrees, and shall agrees to cause its Subsidiaries toSubsidiaries, to continue to provide the Communications to the LenderAdministrative Agent or the Lenders, as the case may be, in the manner specified in the Loan Credit Documents but only to the extent requested by the Administrative Agent. (c) The Borrower hereby acknowledges that (a) the Administrative Agent will make available to the Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on Intralinks, SyndTrak or another similar electronic system (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material non-public information with respect to the Borrower, its Subsidiaries or their securities) (each, a “Public Lender”). The Borrower hereby agrees that (w) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower or its securities for purposes of United States federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 12.16); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Investor;” and (z) the Administrative Agent shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be marked “PUBLIC”, unless the Borrower notifies the Administrative Agent promptly that any such document contains material non-public information: (1) the Credit Documents and (2) notification of changes in the terms of this Agreement or the other Credit Documents. (d) Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Borrower or its securities for purposes of United States Federal or state securities laws. The Borrower agrees to use all commercially reasonable efforts to mxxx any document provided under Section 8.01(a), (b) and (e) “PUBLIC.” (e) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES HAVE ANY LIABILITY TO ANY CREDIT PARTY, ANY LENDER OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY CREDIT PARTY’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND IN A FINAL RULING BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH PERSON’S GROSS NEGLIGENCE, BAD FAITH OR WILLFUL MISCONDUCT. (f) The Administrative Agent agrees that the receipt of the Communications by the Lender Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Credit Documents. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Credit Documents. Each Lender agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to such e-mail address. (g) Nothing herein shall prejudice the right of the Administrative Agent or any Lender to give any notice or other communication pursuant to any Loan Credit Document in any other manner specified in such Loan Credit Document.

Notices Electronic Communications. (a) Except as provided in the case of notices and other communications expressly permitted to be given by telephoneparagraph (b) below, all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax facsimile as follows: (i) if to a Borrower or e-mail shall be delivered, and all notices and other communications expressly permitted hereunder to be given by telephone shall be madethe Fund, to it at the applicable address, fax number, e-mail address or telephone number specified for at the applicable Person in Schedule 8.01. All notices and other communications given to any party hereto in accordance with the provisions beginning of this Agreement Agreement, Attention of: Xxxx Xxxxx or via facsimile at No: (000) 000-0000; and (ii) if to the Bank, to Xxxx Xxxxxxxxx, Vice President, or Fund Finance Department Head at M/S XXX0000, Xxxxx Xxxxxx Bank and Trust Company, Xxx Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Notices sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received; notices sent by facsimile shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the date of receipt if next business day for the recipient). Notices delivered by hand or overnight courier service or sent by fax or on through electronic communications, to the date five Business Days after dispatch by certified or registered mail if mailedextent provided in paragraph (b) below, in each case delivered, sent or mailed (properly addressed) to such party shall be effective as provided in said paragraph (b). (b) Notices made by a Borrower or Fund consisting of requests for loans or notices of repayments hereunder may be delivered or furnished by e-mail, facsimile or other electronic communication pursuant to procedures approved by the Bank, unless the Bank, in its discretion, notifies such Borrower otherwise. Communications transmitted by the Borrower or the Fund consisting of financial information permitted to be delivered by electronic means pursuant to the last paragraph of Section II(1) of this Section 8.01 Agreement may be delivered or furnished by electronic means as provided in accordance with such Section. The Bank may, in its discretion, agree to accept other notices and communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may be limited to particular notices or communications. Neither the latest unrevoked direction Bank nor any of its directors, officers, employees, agents or affiliates shall be liable for any damages arising from such party given the use by unintended recipients of any information or other materials distributed through telecommunications, electronic or other information transmission systems in accordance connection with this Section 8.01Agreement or the other Loan Documents or the transactions contemplated hereby or thereby. As agreed to among Unless the Borrower and the Lender from time to timeBank otherwise prescribes, (i) notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. The Borrower may, unless directed otherwise by the Lender or unless the e-mail address referred to below has not been provided by the Lender to the Borrower, and may cause its Subsidiaries to, provide to the Lender information, documents and other materials that it is obligated to furnish to the Lender pursuant to the Loan Documents or to the Lender under Article 5, including all notices, requests, financial statements, financial and other reports, certificates and other information materials (all such communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender sent to an e-mail address as directed shall be deemed to have been given when received by the Lender. In addition, Bank and (ii) financial information posted to an Internet or intranet website shall be deemed received upon the Borrower shall, and shall cause its Subsidiaries to, continue to provide the Communications to the Lender, as the case may be, in the manner specified in the Loan Documents to the extent requested deemed receipt by the Lender. The Lender agrees that the receipt of the Communications by the Lender intended recipient, at its e-mail address set forth above shall constitute effective delivery as described in the foregoing clause (i), of notification that such notice or communication is available and identifying the Communications to the Lender website address therefor; provided that, for purposes of the Loan Documents. Nothing herein shall prejudice the right of the Lender to give any notice both clauses (i) and (ii) above, if such notice, email or other communication pursuant is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to any Loan Document in any have been sent at the opening of business on the next Business Day for the recipient. (c) Any party hereto may change its address, facsimile number or email address for notices and other manner specified in such Loan Document.communications hereunder by notice to the other parties hereto. Credit Suisse Family of Funds June 10, 2009 Page 18

Notices Electronic Communications. Except in the case of notices and other communications expressly permitted to be given by telephone, notices Notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax fax, as follows: (a) if to the Borrower or e-mail shall be delivered, and all notices and other communications expressly permitted hereunder to be given by telephone shall be madeany Subsidiary Guarantor, to the applicable addressBorrower at Rotech Healthcare Inc., 0000 Xxxxxxxxxx Xxxxx, Xxxxx 000, Xxxxxxx, XX 00000, Attention of Xxxxxxx X. Xxxxx, Chief Legal Officer (Fax No. (000) 000-0000); (b) if to the Administrative Agent, to Credit Suisse AG, Xxx Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000, Xxxx Portrait – Agency Manager (Fax No. (000) 000-0000), Email: xxxxxx.xxxxxxx@xxxxxx-xxxxxx.xxx; and (c) if to a Lender, to it at its address (or fax number, e-mail address ) set forth on Schedule 2.01 or telephone number specified for in the applicable Person in Schedule 8.01Assignment and Acceptance pursuant to which such Lender shall have become a party hereto. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service or sent by fax or on the date five Business Days after dispatch by certified or registered mail if mailed, in each case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 9.01 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.01Section 9.01. As agreed to among the Borrower Borrower, the Administrative Agent and the Lender applicable Lenders from time to time, notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person person provided from time to time by such Personperson. The Borrower mayhereby agrees, unless directed otherwise by the Lender Administrative Agent or unless the e-electronic mail address referred to below has not been provided by the Lender Administrative Agent to the Borrower, and may that it will, or will cause its the Subsidiaries to, provide to the Lender Administrative Agent all information, documents and other materials that it is obligated to furnish to the Lender Administrative Agent pursuant to the Loan Documents or to the Lender Lenders under Article 5V, including all notices, requests, financial statements, financial and other reports, certificates and other information materials materials, but excluding any such communication that (a) is or relates to a Borrowing Request or a notice pursuant to Section 2.10, (b) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (c) provides notice of any Default or Event of Default under this Agreement or any other Loan Document or (d) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing hereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender Administrative Agent to an e-electronic mail address as directed by the LenderAdministrative Agent. In addition, the Borrower shallagrees, and shall agrees to cause its Subsidiaries tothe Subsidiaries, to continue to provide the Communications to the LenderAdministrative Agent or the Lenders, as the case may be, in the manner specified in the Loan Documents but only to the extent requested by the LenderAdministrative Agent. The Borrower hereby acknowledges that (a) the Administrative Agent will make available to the Lenders materials and/or information provided by or on behalf of it hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on Intralinks or another similar electronic system (the “Platform”) and (b) certain of the Lenders may be “public side” Lenders (i.e., Lenders that do not wish to receive material non-public information with respect to the Borrower and its Subsidiaries or their securities) (each, a “Public Lender”). The Borrower hereby agrees that (i) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (ii) by marking Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower and its Subsidiaries or their securities for purposes of United States federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.16); (iii) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Investor;” and (iv) the Administrative Agent shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be marked “PUBLIC”, unless the Borrower notifies the Administrative Agent promptly that any such document contains material non-public information: (A) the Loan Documents and (B) notification of changes in the terms of this Agreement. Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to, and receive, Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Borrower and its Subsidiaries or their securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES HAVE ANY LIABILITY TO ANY LOAN PARTY, ANY LENDER OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY LOAN PARTY’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND IN A FINAL RULING BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. The Administrative Agent agrees that the receipt of the Communications by the Lender Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Loan Documents. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Documents. Each Lender agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to such e-mail address. Nothing herein shall prejudice the right of the Administrative Agent or any Lender to give any notice or other communication pursuant to any Loan Document in any other manner specified in such Loan Document.

Notices Electronic Communications. (a) Except in the case of notices and other communications as otherwise expressly permitted to be given by telephoneprovided herein, all notices and other communications provided for herein hereunder shall be in writing (including telegraphic, telecopier or cable communication) and mailed, telegraphed, telecopied, cabled or delivered: if to any Credit Party, at the address specified opposite its signature below or in the other relevant Credit Documents; if to any Lender, at its address specified on Schedule 12.03; and if to the Administrative Agent, at the Notice Office; or, as to any Credit Party or the Administrative Agent, at such other address as shall be delivered designated by hand such party in a written notice to the other parties hereto and, as to each Lender, at such other address as shall be designated by such Xxxxxx in a written notice to the Administrative Borrower and the Administrative Agent. All such notices and communications shall, when mailed, telegraphed, telecopied, or overnight courier service, mailed by certified or registered mail cabled or sent by fax or e-mail shall overnight courier, be deliveredeffective when deposited in the mails, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made, delivered to the applicable addresstelegraph company, fax number, e-mail address or telephone number specified for the applicable Person in Schedule 8.01. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand cable company or overnight courier service courier, as the case may be, or sent by fax telecopier; except, that notices and communications to the Administrative Agent and the Borrowers shall not be effective until received by the Administrative Agent or on the date five Business Days after dispatch by certified or registered mail if mailedBorrowers, in each as the case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.01may be. As agreed to among the Borrower Administrative Borrower, the Administrative Agent and the Lender applicable Lenders from time to time, notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. . (b) The Administrative Borrower mayhereby agrees, unless directed otherwise by the Lender Administrative Agent or unless the e-electronic mail address referred to below has not been provided by the Lender Administrative Agent to the Administrative Borrower, and may that it will, or will cause its Subsidiaries to, provide to the Lender Administrative Agent all information, documents and other materials that it is obligated to furnish to the Lender Administrative Agent pursuant to the Loan Credit Documents or to the Lender Lenders under Article 5Section 8, including all notices, requests, financial statements, financial and other reports, certificates and other information materials materials, but excluding any such communication that (i) is or relates to a Notice of Borrowing or a Notice of Conversion/Continuation, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default under this Agreement or any other Credit Document or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing or other extension of credit hereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender Administrative Agent to an e-electronic mail address as directed by the LenderAdministrative Agent. In addition, the Administrative Borrower shallagrees, and shall agrees to cause its Subsidiaries toSubsidiaries, to continue to provide the Communications to the LenderAdministrative Agent or the Lenders, as the case may be, in the manner specified in the Loan Credit Documents but only to the extent requested by the Administrative Agent. (c) The Borrowers hereby acknowledge that (a) the Administrative Agent will make available to the Lenders materials and/or information provided by or on behalf of the Borrowers hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on Intralinks, SyndTrak or ​ another similar electronic system (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material non-public information with respect to the Administrative Borrower, its Subsidiaries or their securities) (each, a “Public Lender”). The Borrowers hereby agree that (w) all the Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking the Borrower Materials “PUBLIC,” the Borrowers shall be deemed to have authorized the Administrative Agent and the Lenders to treat such the Borrower Materials as not containing any material non-public information with respect to the Administrative Borrower or its securities for purposes of United States federal and state securities laws (provided, however, that to the extent such the Borrower Materials constitute Information, they shall be treated as set forth in Section 12.16); (y) all the Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Investor;” and (z) the Administrative Agent shall be entitled to treat the Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following the Borrower Materials shall be marked “PUBLIC”, unless the Administrative Borrower notifies the Administrative Agent promptly that any such document contains material non-public information: (1) the Credit Documents and (2) notification of changes in the terms of this Agreement or the other Credit Documents. (d) Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower or its securities for purposes of United States Federal or state securities laws. The Borrowers agree to use all commercially reasonable efforts to mark any document provided under Section 8.01(a), (b) and (e) “PUBLIC.” (e) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES HAVE ANY LIABILITY TO ANY CREDIT PARTY, ANY LENDER OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY CREDIT PARTY’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND IN A FINAL RULING BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH PERSON’S GROSS NEGLIGENCE, BAD FAITH OR WILLFUL MISCONDUCT. (f) The Administrative Agent agrees that the receipt of the Communications by the Lender Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the ​ ​ Communications to the Administrative Agent for purposes of the Credit Documents. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Credit Documents. Each Lender agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Xxxxxx’s e-mail address to which the foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to such e-mail address. (g) Nothing herein shall prejudice the right of the Administrative Agent or any Lender to give any notice or other communication pursuant to any Loan Credit Document in any other manner specified in such Loan Credit Document.

Notices Electronic Communications. Except in the case of notices and other communications expressly permitted to be given by telephone, notices Notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax fax, as follows: (a) if to the Borrower or e-mail shall be delivered, and all notices and any other communications expressly permitted hereunder to be given by telephone shall be madeCredit Party, to it at: [ ] (b) if to the applicable addressAdministrative Agent, to it at: [ ] (c) if to the Collateral Agent, to it at: [ ] (d) if to MSSF, as Letter of Credit Issuer, to it at: [ ] (e) if to MSSF, as the Swingline Lender, to it at: [ ] (f) if to a Lender or other Letter of Credit Issuer (other than as set forth in the immediately preceding clauses), to it at its address (or fax number) set forth on Schedule 13.2 or in the Assignment and Acceptance, e-mail address Incremental Agreement or telephone number specified for the applicable Person in Schedule 8.01documents relating to any Refinancing pursuant to which such Lender shall have become a party hereto. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service or sent by fax or on the date five Business Days after dispatch by certified or registered mail if mailed, in each case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 13.2 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.01Section 13.2. As agreed to among the Borrower and the Lender from time to time, notices Notices and other communications may also be delivered by e-mail to the e-mail email address of a representative of the applicable Person provided from time to time by such Person. The Borrower mayhereby agrees, unless directed otherwise by the Lender Administrative Agent or unless the e-electronic mail address referred to below has not been provided by the Lender Administrative Agent to the Borrower, and may that it will, or will cause its Subsidiaries to, provide to the Lender Administrative Agent all information, documents and other materials that it is obligated to furnish to the Lender Administrative Agent pursuant to the Loan Credit Documents or to the Lender Lenders under Article 5Section 9, including all notices, requests, financial statements, financial and other reports, certificates and other information materials materials, but excluding any such communication that (i) is or relates to a Notice of Borrowing or a notice pursuant to Section 2.6, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default under this Agreement or any other Credit Document or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing or other extension of credit hereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format reasonably acceptable to the Lender Administrative Agent to an e-electronic mail address as directed by the LenderAdministrative Agent. In addition, the Borrower shallagrees, and shall agrees to cause its Subsidiaries toSubsidiaries, to continue to provide the Communications to the LenderAdministrative Agent or the Lenders, as the case may be, in the manner specified in the Loan Credit Documents but only to the extent requested by the LenderAdministrative Agent. The Borrower hereby acknowledges that (a) the Administrative Agent will make available to the Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on Intralinks or another similar electronic system (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material non-public information with respect to the Borrower (or any Parent Entity thereof) or any of their respective securities) (each, a “Public Lender”). The Borrower hereby agrees that (x) by marking Borrower Materials “PUBLIC”, the Borrower shall be deemed to have authorized the Agents and the Lenders to treat the Borrower Materials as not containing any material non-public information with respect to the Borrower (or any Parent Entity thereof) or any of their respective securities for purposes of United States federal securities laws (provided, however, that to the extent the Borrower Materials constitute Confidential Information, they shall be treated as set forth in Section 13.16); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Investor”; and (z) the Administrative Agent shall be entitled to treat the Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor”. Notwithstanding the foregoing, the following Borrower Materials shall be deemed to be marked “PUBLIC” unless the Borrower notifies the Administrative Agent promptly that any such document contains material non-public information: (1) the Credit Documents, (2) notification of changes in the terms of the Credit Facilities and (3) all information delivered pursuant to Sections 9.1(a) and (b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and Applicable Law, including United States federal securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Borrower (or any Parent Entity thereof) or any of their respective securities for purposes of United States federal securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES HAVE ANY LIABILITY TO ANY CREDIT PARTY, ANY LENDER, ANY OTHER AGENT OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY CREDIT PARTY’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS OR NOTICES THROUGH THE PLATFORM, ANY OTHER ELECTRONIC PLATFORM OR ELECTRONIC MESSAGING SERVICE, THROUGH THE INTERNET OR NOTICES THROUGH THE PLATFORM, ANY OTHER ELECTRONIC PLATFORM OR ELECTRONIC MESSAGING SERVICE, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND IN A FINAL DECISION BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE, BAD FAITH OR WILLFUL MISCONDUCT. The Administrative Agent agrees that the receipt of the Communications by the Lender Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Credit Documents. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Credit Documents. Each Lender agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to such e-mail address. Nothing herein shall prejudice the right of the Administrative Agent or any Lender to give any notice or other communication pursuant to any Loan Credit Document in any other manner specified in such Loan Credit Document. The Administrative Agent and the Lenders shall be entitled to rely and act upon any notices (including telephonic notices, Notices of Borrowing and Letter of Credit Requests) purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. All telephonic notices to the Administrative Agent may be recorded by the Administrative Agent, and each of the parties hereto hereby consents to such recording. The words “execution”, “execute”, “signed”, “signature”, and words of like import herein or in or related to any document to be signed in connection with this Agreement and the transactions contemplated hereby (including Assignment and Acceptances, amendments or other modifications, Notices of Borrowing, waivers and consents) shall be deemed to include electronic signatures, the electronic matching of assignment terms and contract formation on electronic platforms approved by the Administrative Agent or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any Applicable Law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act.

Notices Electronic Communications. Except in the case of notices and other communications expressly permitted to be given by telephone, notices Notices and other communications provided for herein and in the other Loan Documents shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax or e-mail shall be deliveredfax, and all notices and other communications expressly permitted hereunder as follows: (a) if to be given by telephone shall be madethe Borrower, to it at 000 Xxxxx Xxxxxx, Xxxxxxx, XX 00000, Attention of Xxxxx Xxxxxxx (Fax No. ), with a copy to Xxxxx Xxxxx at the applicable addressabove address (Fax No. ); (b) if to the Administrative Agent, fax numberto Credit Suisse, Agency Manager, Xxx Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000 (Fax No. , e-mail mail: ; and (c) if to a Lender, to it at its address (or telephone number specified for fax number) set forth on Schedule 2.01 or in the applicable Person in Schedule 8.01Assignment and Acceptance pursuant to which such Lender shall have become a party hereto. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service or sent by fax or on the date five Business Days after dispatch by certified or registered mail if mailed, in each case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 9.01 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.01Section 9.01. As agreed to among the Borrower Borrower, the Administrative Agent and the Lender applicable Lenders from time to time, notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person person provided from time to time by such Personperson. The Borrower mayhereby agrees, unless directed otherwise by the Lender Administrative Agent or unless the e-electronic mail address referred to below has not been provided by the Lender Administrative Agent to the Borrower, and may that it will, or will cause its Subsidiaries to, provide to the Lender Administrative Agent all information, documents and other materials that it is obligated to furnish to the Lender Administrative Agent pursuant to the Loan Documents or to the Lender Lenders under Article 5, including all notices, requests, financial statements, financial and other reports, certificates and other information materials materials, but excluding any such communication that (i) is or relates to a Borrowing Request or a notice pursuant to Section 2.10, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default under this Agreement or any other Loan Document or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing or other extension of credit hereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender Administrative Agent to an e-electronic mail address as directed by the LenderAdministrative Agent. In addition, the Borrower shallagrees, and shall agrees to cause its Subsidiaries toSubsidiaries, to continue to provide the Communications to the LenderAdministrative Agent or the Lenders, as the case may be, in the manner specified in the Loan Documents but only to the extent requested by the LenderAdministrative Agent. The Borrower hereby acknowledges that (a) the Administrative Agent will make available to the Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on Intralinks or another similar electronic system (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material non-public information with respect to the Borrower or its securities) (each, a “Public Lender”). The Borrower hereby agrees that (w) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower or its securities for purposes of United States federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Confidential Information, they shall be treated as set forth in Section 9.16); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Investor;” and (z) the Administrative Agent shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be marked “PUBLIC”, unless the Borrower notifies the Administrative Agent promptly that any such document contains material non-public information: (1) the Loan Documents and (2) notification of changes in the terms of the Loan Documents. Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Borrower or its securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES HAVE ANY LIABILITY TO ANY LOAN PARTY, ANY LENDER OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY LOAN PARTY’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND IN A FINAL RULING BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. The Administrative Agent agrees that the receipt of the Communications by the Lender Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Loan Documents. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Documents. Each Lender agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to such e-mail address. Nothing herein shall prejudice the right of the Administrative Agent or any Lender to give any notice or other communication pursuant to any Loan Document in any other manner specified in such Loan Document.

Notices Electronic Communications. Except in the case of notices and other communications expressly permitted to be given by telephone, (a) All notices and other communications provided for herein in this Agreement and the other Loan Documents to which either Borrower is a party shall be in writing and shall may be delivered by hand or overnight courier servicetelecopied (faxed), mailed by certified mail return receipt requested, or registered mail or sent by fax or e-mail shall be delivered, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made, delivered to the applicable address, fax number, e-mail intended recipient at the address or telephone number specified for the applicable Person in Schedule 8.01. All notices and other communications given 14.11; or, as to any party hereto in accordance with the provisions of this Agreement at such other address as shall be deemed to have been given on the date of receipt if delivered designated by hand or overnight courier service or sent by fax or on the date five Business Days after dispatch by certified or registered mail if mailed, in each case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 or in accordance with a notice to the latest unrevoked direction from such other party given in accordance with this Section. Except as otherwise provided in this Agreement, all such communications shall be deemed to have been duly given when transmitted by telecopy, subject to telephone confirmation of receipt, or when personally delivered to, in the case of a mailed notice, when duly deposited in the mails, in each case given or addressed as aforesaid; provided, however, notices to either of the Administrative Agents pursuant to Articles II, III and IV shall not be effective until received by the applicable Administrative Agents. 8.01. As agreed to among the Borrower (i) The Borrowers and the Lender from time Lenders agree that the Administrative Agents may make any material delivered by any Borrower to timeany Administrative Agent, notices as well as any amendments, waivers, consents, and other communications may also be delivered by e-mail written information, documents, instruments and other materials relating to the Company, any of its Subsidiaries, or any other materials or matters relating to this Agreement, the Notes or any of the transactions contemplated hereby (collectively, the “Communications”) available to the Lenders by posting such notices on an electronic delivery system (which may be provided by any Administrative Agent, an Affiliate of an Administrative Agent, or any Person that is not an Affiliate of an Administrative Agent), such as IntraLinks, or a substantially similar electronic system (the “Platform”). The Borrowers acknowledge that (1) the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution, (2) the Platform is provided “as is” and “as available” and (3) none of the Administrative Agents nor any of their respective Affiliates warrants the accuracy, completeness, timeliness, sufficiency, or sequencing of the Communications posted on the Platform. The Administrative Agents and their respective Affiliates expressly disclaim with respect to the Platform any liability for errors in transmission, incorrect or incomplete downloading, delays in posting or delivery, or problems accessing the Communications posted on the Platform and any liability for any losses, costs, expenses or liabilities that may be suffered or incurred in connection with the Platform. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third party rights or freedom from viruses or other code defects, is made by either Administrative Agent or any of their respective Affiliates in connection with the Platform. (ii) Each Lender agrees that notice to it (as provided in the next sentence) (a “Notice”) specifying that any Communication has been posted to the Platform shall for purposes of this Agreement constitute effective delivery to such Lender of such information, documents or other materials comprising such Communication. Each Lender agrees (1) to notify, on or before the date such Lender becomes a party to this Agreement, the Applicable Agent in writing of such Lender’s e-mail address of to which a representative of the applicable Person provided Notice may be sent (and from time to time by such Person. The Borrower may, unless directed otherwise by thereafter to ensure that the Lender or unless the Administrative Agents have on record an effective e-mail address referred for such Lender) and (2) that any Notice may be sent to below has not been provided by the Lender to the Borrower, and may cause its Subsidiaries to, provide to the Lender information, documents and other materials that it is obligated to furnish to the Lender pursuant to the Loan Documents or to the Lender under Article 5, including all notices, requests, financial statements, financial and other reports, certificates and other information materials (all such communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender to an e-mail address as directed by the Lender. In addition, the Borrower shall, and shall cause its Subsidiaries to, continue to provide the Communications to the Lender, as the case may be, in the manner specified in the Loan Documents to the extent requested by the Lender. The Lender agrees that the receipt of the Communications by the Lender at its e-mail address set forth above shall constitute effective delivery of the Communications to the Lender for purposes of the Loan Documents. Nothing herein shall prejudice the right of the Lender to give any notice or other communication pursuant to any Loan Document in any other manner specified in such Loan Documentaddress.

Notices Electronic Communications. Except in the case of notices Notices and other communications expressly permitted (other than with respect to be given by telephone, ordinary course notices and other communications delivered pursuant to Article II) provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by email or fax (to the extent a fax number is provided below), as follows: (a) if to Borrowers, the other Loan Parties, Agent, any Issuing Bank or e-mail shall be delivered, and all notices and other communications expressly permitted hereunder to be given by telephone shall be madethe Swingline Lender, to the applicable address, fax facsimile number, e-electronic mail address or telephone number specified for such Person on Schedule 9.01; and (b) if to a Lender, to it at its address (or fax number) set forth on Schedule 1.01(a) or in the applicable Person in Schedule 8.01. Assignment and Acceptance pursuant to which such Lender shall have become a party hereto. (c) All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt (or, if such day is not a Business Day, on the first Business Day after receipt) if delivered by hand or overnight courier service or sent by fax or on the date five Business Days after dispatch by certified or registered mail if mailed, in each case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 9.01 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.01Section 9.01. As agreed to among the Borrower Administrative Loan Party, Agent and the Lender applicable Lenders from time to time, notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. The Borrower may. (d) Each Loan Party hereby agrees, unless directed otherwise by the Lender Agent or unless the e-electronic mail address referred to below has not been provided by the Lender Agent to the Borrowersuch Loan 155 Party, and may that it will, or will cause its Subsidiaries to, provide to the Lender Agent all information, documents and other materials that it is obligated to furnish to the Lender Agent pursuant to the Loan Documents or to the Lender Lenders under Article 5V, including all notices, requests, financial statements, financial and other reports, certificates and other information materials materials, but excluding any such communication that (i) is or relates to a Borrowing Request, a notice pursuant to Section 2.10 or a notice requesting the issuance, amendment, extension or renewal of a Letter of Credit pursuant to Section 2.23, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default under this Agreement or any other Loan Document or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing or other extension of credit hereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender Agent to an e-electronic mail address as directed by Agent, which delivery shall satisfy the Lender. In additiondelivery requirements with respect to such Communications under the applicable Loan Document, unless otherwise notified by Agent. (e) Loan Parties hereby acknowledge that (i) Agent will make available to the Lenders and each Issuing Bank materials and/or information provided by or on behalf of Borrowers hereunder (collectively, the “Borrower shallMaterials”) by posting the Borrower Materials on Intralinks or another similar electronic system (the “Platform”) and (ii) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material non-public information with respect to Loan Parties or their securities) (each, a “Public Lender”). Each Loan Party hereby agrees that (A) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall cause mean that the word “PUBLIC” shall appear prominently on the first page thereof, (B) by marking Borrower Materials “PUBLIC,” each Loan Party shall be deemed to have authorized Agent and the Lenders to treat the Borrower Materials as not containing any material non-public information with respect to each Loan Party or its Subsidiaries tosecurities for purposes of United States Federal and state securities laws (provided, continue to provide the Communications however, that to the Lenderextent the Borrower Materials constitute Information, they shall be treated by the recipient as set forth in Section 9.16), (C) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the case may bePlatform designated as “Public Investor,” and (D) Agent shall be entitled to treat the Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, in the manner specified in following Borrower Materials shall be marked “PUBLIC”, unless the Administrative Loan Party notifies Agent promptly that any such document contains material non-public information: (1) the Loan Documents and (2) notification of changes in the terms of this Agreement or the Credit Facilities. (f) Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the extent requested by “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and Applicable Law, including United States Federal and state securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of 156 the Platform and that may contain material non-public information with respect to each Loan Party or its securities for purposes of United States Federal or state securities laws. (g) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. The Lender NEITHER AGENT NOR ANY OF ITS RELATED PARTIES WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY AGENT OR ANY OF ITS RELATED PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL AGENT OR ANY OF ITS RELATED PARTIES HAVE ANY LIABILITY TO ANY LOAN PARTY, ANY LENDER OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY LOAN PARTY’S OR AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND IN A FINAL AND NON-APPEALABLE DECISION BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. (h) Agent agrees that the receipt of the Communications by the Lender Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to Agent for purposes of the Loan Documents. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Documents. Each Xxxxxx agrees to notify Agent in writing (including by electronic communication) from time to time of such Xxxxxx’s e-mail address to which the foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to such e-mail address. Nothing herein shall prejudice the right of the Loan Parties, Agent or any Lender to give any notice or other communication pursuant to any Loan Document in any other manner specified in such Loan Document.

Notices Electronic Communications. Except in the case of notices Notices and other communications expressly permitted (other than with respect to be given by telephone, ordinary course notices and other communications delivered pursuant to Article II) provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by email or fax or e-mail shall be delivered(to the extent a fax number is provided below), and all notices and other communications expressly permitted hereunder as follows: (a) if to be given by telephone shall be madethe Borrower, to it at 0000 Xxxxxxxxx Xxxxxx Xxxxx, Xxxxxxx, Xxxxx Xxxxxxxx 00000, Attention of Xxxx Xxxxxxxxxx, Chief Financial Officer; (b) if to the applicable addressAdministrative Agent, to Jefferies Finance LLC, Attn: Account Officer - Salix Pharmaceuticals, Ltd., 000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000 (Fax No. (000) 000-0000, email: xxxx.xxxxx@xxxxxxxxx.xxx); and (c) if to a Lender, to it at its address (or fax number, e-mail address ) set forth on Schedule 1.01(a) or telephone number specified for in the applicable Person in Schedule 8.01Assignment and Acceptance or Incremental Assumption Agreement pursuant to which such Lender shall have become a party hereto. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt (or, if such day is not a Business Day, on the first Business Day after receipt) if delivered by hand or overnight courier service or sent by fax or on the date five Business Days after dispatch by certified or registered mail if mailed, in each case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 9.01 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.01Section 9.01. As agreed to among the Borrower Borrower, the Administrative Agent and the Lender applicable Lenders from time to time, notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. The Borrower mayhereby agrees, unless directed otherwise by the Lender Administrative Agent or unless the e-electronic mail address referred to below has not been provided by the Lender Administrative Agent to the Borrower, and may that it will, or will cause its the Subsidiaries to, provide to the Lender Administrative Agent all information, documents and other materials that it is obligated to furnish to the Lender Administrative Agent pursuant to the Loan Documents or to the Lender Lenders under Article 5V, including all notices, requests, financial statements, financial and other reports, certificates and other information materials materials, but excluding any such communication that (i) is or relates to a Borrowing Request, a notice pursuant to Section 2.10 or a notice requesting the issuance, amendment, extension or renewal of a Letter of Credit pursuant to Section 2.23, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default under this Agreement or any other Loan Document or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing or other extension of credit hereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender Administrative Agent to an e-electronic mail address as directed by the LenderAdministrative Agent, which delivery shall satisfy the delivery requirements with respect to such Communications under the applicable Loan Document, unless otherwise notified by the Administrative Agent. In additionThe Borrower hereby acknowledges that (a) the Administrative Agent will make available to the Lenders and each Issuing Bank materials and/or information provided by or on behalf of the Borrower hereunder (collectively, the “Borrower shallMaterials”) by posting the Borrower Materials on Intralinks or another similar electronic system (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., and shall cause its Subsidiaries to, continue Lenders that do not wish to provide the Communications receive material non-public information with respect to the Borrower or its securities) (each, a “Public Lender”). The Borrower hereby agrees that (w) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof, (x) by marking Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat the Borrower Materials as not containing any material non-public information with respect to the case may beBorrower or its securities for purposes of United States Federal and state securities laws (provided, however, that to the extent the Borrower Materials constitute Information, they shall be treated by the recipient as set forth in Section 9.16), (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the manner specified in Platform designated as “Public Investor,” and (z) the Administrative Agent shall be entitled to treat the Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be marked “PUBLIC”, unless the Borrower notifies the Administrative Agent promptly that any such document contains material non-public information: (1) the Loan Documents and (2) notification of changes in the terms of this Agreement or the Credit Facilities. Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the extent requested by the LenderBorrower or its securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES HAVE ANY LIABILITY TO ANY LOAN PARTY, ANY LENDER OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY LOAN PARTY’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND IN A FINAL AND NON-APPEALABLE DECISION BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. The Lender Administrative Agent agrees that the receipt of the Communications by the Lender Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Loan Documents. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Documents. Each Lender agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to such e-mail address. Nothing herein shall prejudice the right of the Loan Parties, the Administrative Agent or any Lender to give any notice or other communication pursuant to any Loan Document in any other manner specified in such Loan Document.

Notices Electronic Communications. (a) Except as provided in the case of notices and other communications expressly permitted to be given by telephoneparagraph (b) below, all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax facsimile as follows: (i) if to a Borrower or e-mail shall be delivered, and all notices and other communications expressly permitted hereunder to be given by telephone shall be madethe Fund, to it at the applicable address, fax number, e-mail address or telephone number specified for at the applicable Person in Schedule 8.01. All notices and other communications given to any party hereto in accordance with the provisions beginning of this Agreement Agreement, Attention of: Oxxx Xxxxx or via facsimile at No: (000) 000-0000; and (ii) if to the Bank, to Pxxx Xxxxxxxxx, Vice President, or Fund Finance Department Head at M/S SXX0000, Xxxxx Xxxxxx Bank and Trust Company, Oxx Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Notices sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received; notices sent by facsimile shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the date of receipt if next business day for the recipient). Notices delivered by hand or overnight courier service or sent by fax or on through electronic communications, to the date five Business Days after dispatch by certified or registered mail if mailedextent provided in paragraph (b) below, in each case delivered, sent or mailed (properly addressed) to such party shall be effective as provided in said paragraph (b). (b) Notices made by a Borrower or Fund consisting of requests for loans or notices of repayments hereunder may be delivered or furnished by e-mail, facsimile or other electronic communication pursuant to procedures approved by the Bank, unless the Bank, in its discretion, notifies such Borrower otherwise. Communications transmitted by the Borrower or the Fund consisting of financial information permitted to be delivered by electronic means pursuant to the last paragraph of Section II(1) of this Section 8.01 Agreement may be delivered or furnished by electronic means as provided in accordance with such Section. The Bank may, in its discretion, agree to accept other notices and communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may be limited to particular notices or communications. Neither the latest unrevoked direction Bank nor any of its directors, officers, employees, agents or affiliates shall be liable for any damages arising from such party given the use by unintended recipients of any information or other materials distributed through telecommunications, electronic or other information transmission systems in accordance connection with this Section 8.01Agreement or the other Loan Documents or the transactions contemplated hereby or thereby. As agreed to among Credit Suisse Family of Funds June 10, 2009 Page 18 Unless the Borrower and the Lender from time to timeBank otherwise prescribes, (i) notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. The Borrower may, unless directed otherwise by the Lender or unless the e-mail address referred to below has not been provided by the Lender to the Borrower, and may cause its Subsidiaries to, provide to the Lender information, documents and other materials that it is obligated to furnish to the Lender pursuant to the Loan Documents or to the Lender under Article 5, including all notices, requests, financial statements, financial and other reports, certificates and other information materials (all such communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender sent to an e-mail address as directed shall be deemed to have been given when received by the Lender. In addition, Bank and (ii) financial information posted to an Internet or intranet website shall be deemed received upon the Borrower shall, and shall cause its Subsidiaries to, continue to provide the Communications to the Lender, as the case may be, in the manner specified in the Loan Documents to the extent requested deemed receipt by the Lender. The Lender agrees that the receipt of the Communications by the Lender intended recipient, at its e-mail address set forth above shall constitute effective delivery as described in the foregoing clause (i), of notification that such notice or communication is available and identifying the Communications to the Lender website address therefor; provided that, for purposes of the Loan Documents. Nothing herein shall prejudice the right of the Lender to give any notice both clauses (i) and (ii) above, if such notice, email or other communication pursuant is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to any Loan Document in any have been sent at the opening of business on the next Business Day for the recipient. (c) Any party hereto may change its address, facsimile number or email address for notices and other manner specified in such Loan Documentcommunications hereunder by notice to the other parties hereto.

Notices Electronic Communications. (a) Except in the case of notices and other communications expressly permitted to be given by telephonetelephone (and subject to paragraph (b) below), all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax or e-mail shall be deliveredtelecopy, and all notices and other communications expressly permitted hereunder as follows: (i) if to be given by telephone shall be madethe Parent Borrower, to it at 0000 Xxxx Xxx Xxxx, Xxx Xxxxx, XX 00000, Attention of Xxxxx Xxxxx (Telecopy No. (000) 000-0000); (ii) if to the applicable addressAdministrative Agent, fax numberto Antares Capital LP, ec/o Antares Holdings LP, 100 King Street West, Suite 4710, Toronto ON M5X 1E3, Attention: Loan Administration Office; with a copy to: Antares Holdings LP, 000 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000, Attn: Maravai Account Officer, Facsimile: (000) 000-mail address or telephone number specified for the applicable Person in Schedule 8.01. All notices and other communications given 0000; (iii) if to any party hereto other Lender, to it at its address (or telecopy number) set forth in accordance with the provisions of this Agreement its Administrative Questionnaire. Notices sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received; notices sent by facsimile shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the date of receipt if next business day for the recipient). Notices delivered by hand or overnight courier service or sent by fax or on through Approved Electronic Platforms, to the date five Business Days after dispatch by certified or registered mail if mailedextent provided in paragraph (b) below, in each case delivered, sent or mailed (properly addressed) to such party shall be effective as provided in this Section 8.01 said paragraph (b). (b) Notices and other communications to the Lenders hereunder may be delivered or in accordance with furnished by using Approved Electronic Platforms pursuant to procedures approved by the latest unrevoked direction from such party given in accordance with this Section 8.01. As Administrative Agent; provided that the foregoing shall not apply to notices pursuant to Article II unless otherwise agreed to among by the Borrower Administrative Agent and the Lender from time applicable Lender. The Administrative Agent or the Parent Borrower may, in its discretion, agree to time, accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may also be delivered by e-mail limited to particular notices or communications. (c) Unless the e-mail address of a representative of the applicable Person provided from time to time by such Person. The Borrower mayAdministrative Agent otherwise prescribes, unless directed otherwise by the Lender or unless the e-mail address referred to below has not been provided by the Lender to the Borrower, and may cause its Subsidiaries to, provide to the Lender information, documents (i) notices and other materials that it is obligated to furnish to the Lender pursuant to the Loan Documents or to the Lender under Article 5, including all notices, requests, financial statements, financial and other reports, certificates and other information materials (all such communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as directed by the Lender. In addition“return receipt requested” function, the Borrower shallas available, return e-mail or other written acknowledgement), and (ii) notices or communications posted to an Internet or intranet website shall cause its Subsidiaries to, continue to provide be deemed received upon the Communications to the Lender, as the case may be, in the manner specified in the Loan Documents to the extent requested deemed receipt by the Lender. The Lender agrees that the receipt of the Communications by the Lender intended recipient, at its e-mail address set forth above shall constitute effective delivery as described in the foregoing clause (i), of notification that such notice or communication is available and identifying the Communications to the Lender website address therefor; provided that, for purposes of the Loan Documents. Nothing herein shall prejudice the right of the Lender to give any notice both clauses (i) and (ii) above, if such notice, email or other communication pursuant is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next business day for the recipient. (d) Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. (e) The Administrative Agent, the Collateral Agent and the Lenders shall be entitled to rely and act upon any notices (including telephonic Committed Loan Document Notices) purportedly given by or on behalf of the Parent Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other manner form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof except to the extent such reliance is deemed to be gross negligence, bad faith or willful misconduct of the Administrative Agent, Collateral Agent or Lender in a final non-appealable judgment of a court of competent jurisdiction. The Borrowers shall indemnify the Administrative Agent, the Collateral Agent, each Lender and the Related Parties of each of them from all losses, costs, expenses and liabilities resulting from the reliance by such Loan DocumentPerson on each notice purportedly given by or on behalf of the Parent Borrower to the extent required by Section 10.05. All telephonic notices to and other telephonic communications with the Administrative Agent may be recorded by the Administrative Agent, and each of the parties hereto hereby consents to such recording.

Notices Electronic Communications. Except in the case of notices Notices and other communications expressly permitted (other than with respect to be given by telephone, ordinary course notices and other communications delivered pursuant to Article II) provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by email or fax (to the extent a fax number is provided below), as follows: (a) if to the Borrower, either Agent, any Issuing Bank or e-mail shall be delivered, and all notices and other communications expressly permitted hereunder to be given by telephone shall be madethe Swingline Lender, to the applicable address, fax facsimile number, e-electronic mail address or telephone number specified for such Person on Schedule 9.01; and (b) if to a Lender, to it at its address (or fax number) set forth on Schedule 1.01(a) or in the applicable Person in Schedule 8.01Assignment and Acceptance or Incremental Assumption Agreement pursuant to which such Lender shall have become a party hereto. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt (or, if such day is not a Business Day, on the first Business Day after receipt) if delivered by hand or overnight courier service or sent by fax or on the date five Business Days after dispatch by certified or registered mail if mailed, in each case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 9.01 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.01Section 9.01. As agreed to among the Borrower Borrower, the Administrative Agent and the Lender applicable Lenders from time to time, notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. The Borrower mayhereby agrees, unless directed otherwise by the Lender Administrative Agent or unless the e-electronic mail address referred to below has not been provided by the Lender Administrative Agent to the Borrower, and may that it will, or will cause its the Subsidiaries to, provide to the Lender Administrative Agent all information, documents and other materials that it is obligated to furnish to the Lender Administrative Agent pursuant to the Loan Documents or to the Lender Lenders under Article 5V, including all notices, requests, financial statements, financial and other reports, certificates and other information materials materials, but excluding any such communication that (i) is or relates to a Borrowing Request, a notice pursuant to Section 2.10 or a notice requesting the issuance, amendment, extension or renewal of a Letter of Credit pursuant to Section 2.23, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default under this Agreement or any other Loan Document or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing or other extension of credit hereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender Administrative Agent to an e-electronic mail address as directed by the LenderAdministrative Agent, which delivery shall satisfy the delivery requirements with respect to such Communications under the applicable Loan Document, unless otherwise notified by the Administrative Agent. In additionThe Borrower hereby acknowledges that (a) the Administrative Agent will make available to the Lenders and each Issuing Bank materials and/or information provided by or on behalf of the Borrower hereunder (collectively, the “Borrower shallMaterials”) by posting the Borrower Materials on Intralinks or another similar electronic system (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., and shall cause its Subsidiaries to, continue Lenders that do not wish to provide the Communications receive material non-public information with respect to the Borrower or its securities) (each, a “Public Lender”). The Borrower hereby agrees that (w) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof, (x) by marking Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat the Borrower Materials as not containing any material non-public information with respect to the case may beBorrower or its securities for purposes of United States Federal and state securities laws (provided, however, that to the extent the Borrower Materials constitute Information, they shall be treated by the recipient as set forth in Section 9.16), (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the manner specified in Platform designated as “Public Investor,” and (z) the Administrative Agent shall be entitled to treat the Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be marked “PUBLIC”, unless the Borrower notifies the Administrative Agent promptly that any such document contains material non-public information: (1) the Loan Documents and (2) notification of changes in the terms of this Agreement or the Credit Facilities. Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the extent requested by the LenderBorrower or its securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES HAVE ANY LIABILITY TO ANY LOAN PARTY, ANY LENDER OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY LOAN PARTY’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND IN A FINAL AND NON-APPEALABLE DECISION BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. The Lender Administrative Agent agrees that the receipt of the Communications by the Lender Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Loan Documents. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Documents. Each Lender agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to such e-mail address. Nothing herein shall prejudice the right of the Loan Parties, the Administrative Agent or any Lender to give any notice or other communication pursuant to any Loan Document in any other manner specified in such Loan Document.

Notices Electronic Communications. (a) Except in the case of notices and other communications expressly permitted to be given by telephonetelephone (and except as provided in subsection (b) below), all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax or e-mail shall be deliveredtelecopier as follows, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made, made to the applicable telephone number, as follows: (1) if to the Borrower, the Collateral Agent or the Administrative Agent to the address, fax telecopier number, e-electronic mail address or telephone number specified for such Person on Schedule 9.01; and (2) if to any other Lender, to the applicable address, telecopier number, electronic mail address or telephone number specified in its Administrative Questionnaire (including, as appropriate, notices delivered solely to the Person designated by a Lender on its Administrative Questionnaire then in Schedule 8.01effect for the delivery of notices that may contain material non-public information relating to the Borrower). All notices Notices and other communications given to any party hereto in accordance with the provisions of this Agreement sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service or sent by fax or on the date five Business Days after dispatch by certified or registered mail if mailed, in each case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.01. As agreed to among the Borrower and the Lender from time to time, when received; notices and other communications sent by telecopier shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the next business day for the recipient). Notices and other communications delivered through electronic communications to the extent provided in subsection (b) below shall be effective as provided in such subsection (b). (b) Notices and other communications to the Lenders hereunder may also be delivered or furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by the e-mail address Administrative Agent, provided that the foregoing shall not apply to notices to any Lender pursuant to Article 2 if such Lender has notified the Administrative Agent that it is incapable of a representative of the applicable Person provided from time to time receiving notices under such Article by such Personelectronic communication. The Administrative Agent, the Collateral Agent or the Borrower may, unless directed otherwise by the Lender or unless the e-mail address referred in its discretion, agree to below has not been provided by the Lender to the Borrower, and may cause its Subsidiaries to, provide to the Lender information, documents accept notices and other materials that communications to it is obligated to furnish to the Lender hereunder by electronic communications pursuant to procedures approved by it, provided that approval of such procedures may be limited to particular notices or communications. Unless the Loan Documents or to the Lender under Article 5Administrative Agent otherwise prescribes, including all notices, requests, financial statements, financial (i) notices and other reports, certificates and other information materials (all such communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as directed by the Lender. In addition“return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if such notice or other communication is not sent during the Borrower shallnormal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next business day for the recipient, and (ii) notices or communications posted to an Internet or intranet website shall cause its Subsidiaries to, continue to provide be deemed received upon the Communications to the Lender, as the case may be, in the manner specified in the Loan Documents to the extent requested deemed receipt by the Lender. The Lender agrees that the receipt of the Communications by the Lender intended recipient at its e-mail address set forth above as described in the foregoing clause (i) of notification that such notice or communication is available and identifying the website address therefor. (c) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” THE AGENT PARTIES (AS DEFINED BELOW) DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE BORROWER MATERIALS OR THE ADEQUACY OF THE PLATFORM, AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS FROM THE BORROWER MATERIALS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY ANY AGENT PARTY IN CONNECTION WITH THE BORROWER MATERIALS OR THE PLATFORM. In no event shall constitute effective delivery the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of the Communications Borrower’s or the Administrative Agent’s transmission of Borrower Materials through the Internet, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and nonappealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to the Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). (d) Each of the Borrower, the Collateral Agent and the Administrative Agent may change its address, telecopier or telephone number for notices and other communications hereunder by notice to the other parties hereto. Each other Lender may change its address, telecopier or telephone number for notices and other communications hereunder by notice to the Borrower, and the Administrative Agent. In addition, each Lender agrees to notify the Administrative Agent from time to time to ensure that the Administrative Agent has on record (i) an effective address, contact name, telephone number, telecopier number and electronic mail address to which notices and other communications may be sent and (ii) accurate wire instructions for such Lender. Furthermore, each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable Law, including United States Federal and state securities Laws, to make reference to Borrower Materials that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Borrower or its securities for purposes of United States Federal or state securities laws. (e) The Administrative Agent, the Loan Documents. Nothing herein Collateral Agent and the Lenders shall prejudice the right be entitled to rely and act upon any notices (including telephonic Borrowing Requests) purportedly given by or on behalf of the Lender to give any notice Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or other communication pursuant to any Loan Document in were not preceded or followed by any other manner form of notice specified in herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Borrower shall indemnify the Administrative Agent, the Collateral Agent, each Lender and the Related Parties of each of them from all losses, costs, expenses and liabilities resulting from the reliance by such Loan DocumentPerson on each notice purportedly given by or on behalf of the Borrower. All telephonic notices to and other telephonic communications with the Administrative Agent or the Collateral Agent may be recorded by the Administrative Agent or the Collateral Agent, as applicable, and each of the parties hereto hereby consents to such recording.

Notices Electronic Communications. (a) Except as provided in the case of notices and other communications expressly permitted to be given by telephoneparagraph (b) below, all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax facsimile as follows: (i) if to a Borrower or e-mail shall be delivered, and all notices and other communications expressly permitted hereunder to be given by telephone shall be madethe Fund, to it at the applicable address, fax number, e-mail address or telephone number specified for at the applicable Person in Schedule 8.01. All notices and other communications given to any party hereto in accordance with the provisions beginning of this Agreement Agreement, Attention of: Xxxx Xxxxx or via facsimile at No: (000) 000-0000; and (ii) if to the Bank, to Xxxx Xxxxxxxxx, Vice President, or Fund Finance Department Head at M/S XXX0000, Xxxxx Xxxxxx Bank and Trust Company, Xxx Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Notices sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received; notices sent by facsimile shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the date of receipt if next business day for the recipient). Notices delivered by hand or overnight courier service or sent by fax or on through electronic communications, to the date five Business Days after dispatch by certified or registered mail if mailedextent provided in paragraph (b) below, in each case delivered, sent or mailed (properly addressed) to such party shall be effective as provided in said paragraph (b). (b) Notices made by a Borrower or Fund consisting of requests for loans or notices of repayments hereunder may be delivered or furnished by e-mail, facsimile or other electronic communication pursuant to procedures approved by the Bank, unless the Bank, in its discretion, notifies such Borrower otherwise. Communications transmitted by the Borrower or the Fund consisting of financial information permitted to be delivered by electronic means pursuant to the last paragraph of Section II(1) of this Section 8.01 Agreement may be delivered or furnished by electronic means as provided in accordance with such Section. The Bank may, in its discretion, agree to accept other notices and communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may be limited to particular notices or communications. Neither the latest unrevoked direction Bank nor any of its directors, officers, employees, agents or affiliates shall be liable for any damages arising from such party given the use by unintended recipients of any information or other materials distributed through telecommunications, electronic or other information transmission systems in accordance connection with this Section 8.01Agreement or the other Loan Documents or the transactions contemplated hereby or thereby. As agreed to among Unless the Borrower and the Lender from time to timeBank otherwise prescribes, (i) notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. The Borrower may, unless directed otherwise by the Lender or unless the e-mail address referred to below has not been provided by the Lender to the Borrower, and may cause its Subsidiaries to, provide to the Lender information, documents and other materials that it is obligated to furnish to the Lender pursuant to the Loan Documents or to the Lender under Article 5, including all notices, requests, financial statements, financial and other reports, certificates and other information materials (all such communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender sent to an e-mail address as directed shall be deemed to have been given when received by the Lender. In addition, Bank and (ii) financial information posted to an Internet or intranet website shall be deemed received upon the Borrower shall, and shall cause its Subsidiaries to, continue to provide the Communications to the Lender, as the case may be, in the manner specified in the Loan Documents to the extent requested deemed receipt by the Lender. The Lender agrees that the receipt of the Communications by the Lender intended recipient, at its e-mail address set forth above shall constitute effective delivery as described in the foregoing clause (i), of notification that such notice or communication is available and identifying the Communications to the Lender website address therefor; provided that, for purposes of the Loan Documents. Nothing herein shall prejudice the right of the Lender to give any notice both clauses (i) and (ii) above, if such notice, email or other communication pursuant is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to any Loan Document in any have been sent at the opening of business on the next Business Day for the recipient. (c) Any party hereto may change its address, facsimile number or email address for notices and other manner specified in such Loan Documentcommunications hereunder by notice to the other parties hereto.

Notices Electronic Communications. Except in the case of notices and other communications expressly permitted to be given by telephone, notices (a) Notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax or efax, as follows: (i) if to the Borrower, to it at: Xxxxxxx Xxxxxx 0 Xxxxxxxxx Xxxxx X-0000 Xxxxxxxxxx Tel: +000 00000 000 Fax: +000 00000 000 E-mail shall be delivered, and all notices and other communications expressly permitted hereunder mail: xxxxxxx.xxxxxx@xxxxxx.xxx (ii) if to be given by telephone shall be madethe Administrative Agent, to the applicable address, fax facsimile number, e-electronic mail address or telephone number specified for such Person on Schedule 9.01(b); and (iii) if to a Lender, to such Lender at its address (or fax number) set forth on Schedule 2.01 or in the applicable Person Assignment and Acceptance pursuant to which such Lender shall have become a party hereto or as otherwise communicated in Schedule 8.01. writing from time to time by such Lender to the Borrower and the Administrative Agent. (b) All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service or sent by fax or on the date five Business Days after dispatch by certified or registered mail if mailed, in each case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 9.01 or in accordance with the latest unrevoked direction from such party given in accordance with this SectionSection 9.01. 8.01. (c) As agreed to among the Borrower Borrower, the Administrative Agent and the Lender applicable Lenders from time to time, notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. Notices and other communications to the Lenders hereunder may be delivered or furnished by electronic communication (including email and Internet or intranet websites) pursuant to procedures approved by the Administrative Agent; provided that the foregoing shall not apply to notices to any Lender pursuant to Article II if such Lender has notified the Administrative Agent that it is incapable of receiving notices under Article II by electronic communication. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may be limited to particular notices or communications. (d) Unless the Administrative Agent otherwise prescribes, (i) notices and other communications sent to an e-mail address shall be deemed received upon the intended recipient’s receipt of the notice or communication, which shall be evidenced by an acknowledgment from the intended recipient (such as by the “delivery receipt” function, as available, return e-mail or other written acknowledgement); provided that, if such notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next Business Day for the recipient; provided, further, that if the sender receives an “out-of-office” reply e-mail containing instructions regarding notification to another person in the intended recipient’s absence, such notice or other communication shall be deemed received upon the sender’s compliance with such instructions, and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient at its e-mail address as described in the foregoing clause (i) of notification that such notice or communication is available and identifying the website address therefor. (e) The Borrower mayhereby agrees, unless directed otherwise by the Lender Administrative Agent or unless the e-mail address referred to below has not been provided by the Lender Administrative Agent to the Borrower, and may that it will, or will cause its Subsidiaries to, provide to the Lender Administrative Agent all information, documents and other materials that it is obligated to furnish to the Lender Administrative Agent pursuant to the Loan Documents or to the Lender Lenders under Article 5IV of Annex I hereof or under Article V hereof, including all notices, requests, financial statements, financial and other reports, certificates and other information materials materials, but excluding any such communication that (i) is or relates to a Borrowing Request, a notice pursuant to Section 2.10, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default under this Agreement or any other Loan Document or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing or other extension of credit hereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender Administrative Agent to an e-mail address as directed by the LenderAdministrative Agent. In addition, the Borrower shallagrees, and shall agrees to cause its Subsidiaries toSubsidiaries, to continue to provide the Communications to the LenderAdministrative Agent or the Lenders, as the case may be, in the manner specified in the Loan Documents but only to the extent requested by the Administrative Agent. (f) The Borrower hereby acknowledges that (i) the Administrative Agent will make available to the Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (ii) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material non-public information with respect to the Borrower, its Subsidiaries or their respective securities for purposes of United States federal and state securities laws) (each, a “Public Lender”). The Borrower hereby agrees that (w) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower, its Subsidiaries or their respective securities for purposes of United States federal and state securities laws (provided, however, that to the extent the Borrower Materials constitute Information, they shall be treated as set forth in Section 9.16); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Investor;” and (z) the Administrative Agent shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be marked “PUBLIC” and the Borrower agrees that the following documents may be distributed to all Lenders (including Public Lenders) unless, solely with respect to the documents described in clauses (B) and (C) below, the Borrower advises the Administrative Agent in writing (including by e-mail) within a reasonable time prior to their intended distribution that such material should only be distributed to Lenders other than Public Lenders (it being agreed that the Borrower and its counsel shall have been given a reasonable opportunity to review such documents and comply with applicable securities law disclosure obligations): (A) the Loan Documents; (B) administrative materials prepared by the Administrative Agent for prospective Lenders; (C) term sheets and notification of changes in the terms of the Term Facility; and (D) the Audited Financial Statements and the financial statements and certificates furnished pursuant to Section 4.10 of Annex I. (g) Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Borrower or its securities for purposes of United States Federal or state securities laws. (h) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES HAVE ANY LIABILITY TO ANY LOAN PARTY, ANY LENDER OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY LOAN PARTY’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND IN A FINAL RULING BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. (i) The Administrative Agent agrees that the receipt of the Communications by the Lender Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Loan Documents. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Documents. Nothing herein shall prejudice Each Lender agrees to notify the right Administrative Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the Lender foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to give any notice or other communication pursuant to any Loan Document in any other manner specified in such Loan Documente-mail address.

Notices Electronic Communications. Except in the case of notices and other communications expressly permitted to be given by telephonetelephone (and except for electronic communication provided below), all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax facsimile as follows: (a) if to the Borrower or eif to Intermediate Holdings, to: 000 Xxxxxx Xxxxxx, 14th Floor Houston, Texas 77002-mail shall be delivered5050 Attn: General Counsel Telecopy: (000) 000-0000 Telephone: (000) 000-0000 (b) if to the Administrative Agent or the Collateral Trustee, and all notices and other communications expressly permitted hereunder to: Royal Bank of Canada 0xx Xxxxx, 00 Xxxx Xxxxxx Xxxx Xxxxxxx, Xxxxxxx X0X 0X0 Attn: Manager, Agency Services Group Telecopy: (000) 000-0000 (c) if to be given by telephone shall be madea Lender, to the applicable addressit at its address (or facsimile number) set forth in its Administrative Questionnaire. Notices sent by hand or overnight courier service, fax numberor mailed by certified or registered mail, e-mail address or telephone number specified for the applicable Person in Schedule 8.01. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given when received; notices sent by facsimile shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the date of receipt if next Business Day for the recipient). Notices delivered by hand or overnight courier service or sent by fax or on through electronic communications, to the date five Business Days after dispatch by certified or registered mail if mailedextent provided in the immediately succeeding paragraph below, in each case delivered, sent or mailed (properly addressed) to such party shall be effective as provided in this Section 8.01 said paragraph. Notices and other communications to the Lenders hereunder may be delivered or in accordance with furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by the latest unrevoked direction from Administrative Agent; provided that the foregoing shall not apply to notices to any Lender pursuant to Article II if such party given in accordance with this Section 8.01Lender has notified the Administrative Agent that it is incapable of receiving notices under such Article by electronic communication. As agreed to among The Administrative Agent or the Borrower and the Lender from time may, in its discretion, agree to time, accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may also be delivered by e-mail limited to particular notices or communications. Unless the e-mail address of a representative of the applicable Person provided from time to time by such Person. The Borrower mayAdministrative Agent otherwise prescribes, unless directed otherwise by the Lender or unless the e-mail address referred to below has not been provided by the Lender to the Borrower, and may cause its Subsidiaries to, provide to the Lender information, documents (i) notices and other materials that it is obligated to furnish to the Lender pursuant to the Loan Documents or to the Lender under Article 5, including all notices, requests, financial statements, financial and other reports, certificates and other information materials (all such communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as directed by the Lender. In addition“return receipt requested” function, the Borrower shallas available, return e-mail or other written acknowledgement), and (ii) notices or communications posted to an Internet or intranet website shall cause its Subsidiaries to, continue to provide be deemed received upon the Communications to the Lender, as the case may be, in the manner specified in the Loan Documents to the extent requested deemed receipt by the Lender. The Lender agrees that the receipt of the Communications by the Lender intended recipient, at its e-mail address set forth above shall constitute effective delivery as described in the foregoing clause (i), of notification that such notice or communication is available and identifying the Communications to the Lender website address therefor; provided that, for purposes of the Loan Documents. Nothing herein shall prejudice the right of the Lender to give any notice both clauses (i) and (ii) above, if such notice, email or other communication pursuant is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to any Loan Document in any have been sent at the opening of business on the next Business Day for the recipient. Any party hereto may change its address or facsimile number for notices and other manner specified in such Loan Documentcommunications hereunder by notice to the other parties hereto.

Notices Electronic Communications. (a) Except in the case of notices and other communications as otherwise expressly permitted to be given by telephoneprovided herein, all notices and other communications provided for herein hereunder shall be in writing (including telecopier) and mailed, telecopied or delivered: if to any Credit Party, at the address specified opposite its signature below or in the other relevant Credit Documents; if to any Lender, at its address specified on its signature page hereto or in its Administrative Questionnaire; if to the Administrative Agent, to the Notice Information; or, as to any Credit Party or the Administrative Agent, at such other address as shall be delivered designated by hand or overnight courier servicesuch party in a written notice to the other parties hereto and, mailed as to each Lender, at such other address as shall be designated by certified or registered mail such Lender in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall, when mailed, telecopied or sent by fax or e-mail shall overnight courier, be deliveredeffective when deposited in the mails, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made, delivered to the applicable addressovernight courier, fax numberas the case may be, e-mail address or telephone number specified for the applicable Person in Schedule 8.01. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service or sent by fax telecopier, except that notices and communications to the Administrative Agent and the Borrower shall not be effective until received by the Administrative Agent or on the date five Business Days after dispatch by certified or registered mail if mailedBorrower, in each as the case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.01may be. As agreed to among the Borrower Borrower, the Administrative Agent and the Lender applicable Lenders from time to time, notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. . (b) The Borrower mayhereby agrees, unless directed otherwise by the Lender Administrative Agent or unless the e-electronic mail address referred to below has not been provided by the Lender Administrative Agent to the Borrower, and may that it will, or will cause its Subsidiaries to, provide to the Lender Administrative Agent all information, documents and other materials that it is obligated to furnish to the Lender Administrative Agent pursuant to the Loan Credit Documents or to the Lender Lenders under Article 5Section 8, including all notices, requests, financial statements, financial and other reports, certificates and other information materials materials, but excluding any such communication that (i) is or relates to a Notice of Borrowing, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default under this Agreement or any other Credit Document or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing or other extension of credit hereunder (all such non-excluded communications being referred to herein collectively as “"Communications”"), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender Administrative Agent to an e-electronic mail address as directed by the LenderAdministrative Agent. In addition, the Borrower shallagrees, and shall agrees to cause its Subsidiaries toSubsidiaries, to continue to provide the Communications to the LenderAdministrative Agent or the Lenders, as the case may be, in the manner specified in the Loan Credit Documents but only to the extent requested by the Administrative Agent. (c) The Borrower hereby acknowledges that (a) the Administrative Agent will make available to the Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, the "Borrower Materials") by posting the Borrower Materials on Intralinks, SyndTrak, DebtDomain or another similar electronic system (the "Platform") and (b) certain of the Lenders may be "public-side" Lenders (i.e., Lenders that do not wish to receive material non-public information with respect to the Borrower, its Subsidiaries or their securities) (each, a "Public Lender"). The Borrower shall use commercially reasonable efforts to (and, at the request of the Lead Arranger, shall) clearly designate as such all Borrower Materials provided to the Lead Arranger by or on behalf of the Borrower that are suitable to be made available to Public Lenders. The Borrower hereby agrees that (w) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked "PUBLIC" which, at a minimum, shall mean that the word "PUBLIC" shall appear prominently on the first page thereof; (x) by marking Borrower Materials "PUBLIC," the Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower, the Subsidiary Guarantors or their respective securities for purposes of United States federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 12.16); (y) all Borrower Materials marked "PUBLIC" are permitted to be made available through a portion of the Platform designated as "Public Investor;" and (z) the Administrative Agent shall be entitled to treat any Borrower Materials that are not marked "PUBLIC" as being suitable only for posting on a portion of the Platform not marked as "Public Investor." Notwithstanding the foregoing, the following Borrower Materials shall be marked "PUBLIC", unless the Borrower notifies the Administrative Agent promptly that any such document contains material non-public information: (1) the Credit Documents and (2) notification of changes in the terms of this Agreement or the other Credit Documents. (d) Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the "Private Side Information" or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender's compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to Communications that are not made available through the "Public Side Information" portion of the Platform and that may contain material non-public information with respect to the Borrower or its securities for purposes of United States Federal or state securities laws. The Borrower agrees to use all commercially reasonable efforts to xxxx any document provided under Section 8.01(a), 8.01(b) or 8.01(e) "PUBLIC." (e) THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE". NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES HAVE ANY LIABILITY TO ANY CREDIT PARTY, ANY LENDER OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY CREDIT PARTY'S OR THE ADMINISTRATIVE AGENT'S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND IN A FINAL AND NON-APPEALABLE RULING BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH PERSON'S GROSS NEGLIGENCE, BAD FAITH OR WILLFUL MISCONDUCT. (f) The Administrative Agent agrees that the receipt of the Communications by the Lender Administrative Agent at its e-mail address as set forth above in the Notice Information shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Credit Documents. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Credit Documents. Each Lender agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Lender's e-mail address to which the foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to such e-mail address. (g) Nothing herein shall prejudice the right of the Administrative Agent or any Lender to give any notice or other communication pursuant to any Loan Credit Document in any other manner specified in such Loan Credit Document.

Notices Electronic Communications. (a) Except as provided in the case of notices and other communications expressly permitted to be given by telephoneparagraph (b) below, all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax facsimile as follows: (i) if to a Borrower or e-mail shall be delivered, and all notices and other communications expressly permitted hereunder to be given by telephone shall be madethe Fund, to it at the applicable address, fax number, e-mail address or telephone number specified for at the applicable Person in Schedule 8.01. All notices and other communications given to any party hereto in accordance with the provisions beginning of this Agreement Agreement, Attention of: Oxxx Xxxxx or via facsimile at No: (000) 000-0000; and (ii) if to the Bank, to Pxxx Xxxxxxxxx, Vice President, or Fund Finance Department Head at M/S SXX0000, Xxxxx Xxxxxx Bank and Trust Company, Oxx Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Notices sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received; notices sent by facsimile shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the date of receipt if next business day for the recipient). Notices delivered by hand or overnight courier service or sent by fax or on through electronic communications, to the date five Business Days after dispatch by certified or registered mail if mailedextent provided in paragraph (b) below, in each case delivered, sent or mailed (properly addressed) to such party shall be effective as provided in said paragraph (b). (b) Notices made by a Borrower or Fund consisting of requests for loans or notices of repayments hereunder may be delivered or furnished by e-mail, facsimile or other electronic communication pursuant to procedures approved by the Bank, unless the Bank, in its discretion, notifies such Borrower otherwise. Communications transmitted by the Borrower or the Fund consisting of financial information permitted to be delivered by electronic means pursuant to the last paragraph of Section II(1) of this Section 8.01 Agreement may be delivered or furnished by electronic means as provided in accordance with such Section. The Bank may, in its discretion, agree to accept other notices and communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may be limited to particular notices or communications. Neither the latest unrevoked direction Bank nor any of its directors, officers, employees, agents or affiliates shall be liable for any damages arising from such party given the use by unintended recipients of any information or other materials distributed through telecommunications, electronic or other information transmission systems in accordance connection with this Section 8.01Agreement or the other Loan Documents or the transactions contemplated hereby or thereby. As agreed to among Unless the Borrower and the Lender from time to timeBank otherwise prescribes, (i) notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. The Borrower may, unless directed otherwise by the Lender or unless the e-mail address referred to below has not been provided by the Lender to the Borrower, and may cause its Subsidiaries to, provide to the Lender information, documents and other materials that it is obligated to furnish to the Lender pursuant to the Loan Documents or to the Lender under Article 5, including all notices, requests, financial statements, financial and other reports, certificates and other information materials (all such communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender sent to an e-mail address as directed shall be deemed to have been given when received by the Lender. In addition, Bank and (ii) financial information posted to an Internet or intranet website shall be deemed received upon the Borrower shall, and shall cause its Subsidiaries to, continue to provide the Communications to the Lender, as the case may be, in the manner specified in the Loan Documents to the extent requested deemed receipt by the Lender. The Lender agrees that the receipt of the Communications by the Lender intended recipient, at its e-mail address set forth above shall constitute effective delivery as described in the foregoing clause (i), of notification that such notice or communication is available and identifying the Communications to the Lender website address therefor; provided that, for purposes of the Loan Documents. Nothing herein shall prejudice the right of the Lender to give any notice both clauses (i) and (ii) above, if such notice, email or other communication pursuant is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to any Loan Document in any have been sent at the opening of business on the next Business Day for the recipient. (c) Any party hereto may change its address, facsimile number or email address for notices and other manner specified in such Loan Documentcommunications hereunder by notice to the other parties hereto.

Notices Electronic Communications. Except in the case of notices and other communications expressly permitted to be given by telephone, notices Notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax or e-mail shall be deliveredfax, and all notices and other communications expressly permitted hereunder as follows: (a) if to be given by telephone shall be madethe Borrower, to GT Solar International, Inc., Attention of: Xxxx Xxx, at 000 Xxxxxx Xxxxxxx Highway, Merrimack, NH 03054, Fax No. 000-000-0000, Email: Xxxx.Xxx@xxxxxxx.xxx; (b) if to the applicable addressAdministrative Agent, to Credit Suisse AG, Attention of: Xxxx Portrait, Eleven Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000, Fax No. 000-000-0000, Email: xxxxxx.xxxxxxx@xxxxxx-xxxxxx.xxx; and (c) if to a Lender, to it at its address (or fax number, e-mail address ) set forth on Schedule 2.01 or telephone number specified for in the applicable Person in Schedule 8.01Assignment and Acceptance pursuant to which such Lender shall have become a party hereto. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service or sent by fax or on the date five Business Days after dispatch by certified or registered mail if mailed, in each case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 9.01 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.01Section 9.01. As agreed to among the Borrower Borrower, the Administrative Agent and the Lender applicable Lenders from time to time, notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. The Borrower mayhereby agrees, unless directed otherwise by the Lender Administrative Agent or unless the e-electronic mail address referred to below has not been provided by the Lender Administrative Agent to the Borrower, and may that it will, or will cause its Subsidiaries to, provide to the Lender Administrative Agent all information, documents and other materials that it is obligated to furnish to the Lender Administrative Agent pursuant to the Loan Documents or to the Lender Lenders under Article 5, 5 including all notices, requests, financial statements, financial and other reports, certificates and other information materials materials, but excluding any such communication that (i) is or relates to a Borrowing Request, a notice pursuant to Section 2.10 or a notice requesting the issuance, amendment, extension or renewal of a Letter of Credit pursuant to Section 2.23, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default under this Agreement or any other Loan Document or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing or other extension of credit hereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender Administrative Agent to an e-electronic mail address as directed by the LenderAdministrative Agent. In addition, the Borrower shallagrees, and shall agrees to cause its Subsidiaries toSubsidiaries, to continue to provide the Communications to the LenderAdministrative Agent or the Lenders, as the case may be, in the manner specified in the Loan Documents but only to the extent requested by the LenderAdministrative Agent. The Borrower hereby acknowledges that (a) the Administrative Agent will make available to the Lenders and the Issuing Bank materials and/or information provided by or on behalf of the Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on Intralinks or another similar electronic system (the “Platform”) and (b)certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material non-public information with respect to the Borrower or its securities) (each, a “Public Lender”). The Borrower hereby agrees that (w) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower or its securities for purposes of United States federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.16; (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Investor;” and (z) the Administrative Agent shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be marked “PUBLIC”, unless the Borrower notifies the Administrative Agent promptly that any such document contains material non-public information: (1) the Loan Documents and (2) notification of changes in the terms of the Credit Facilities. Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Borrower or its securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES HAVE ANY LIABILITY TO ANY LOAN PARTY, ANY LENDER OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY LOAN PARTY’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND IN A FINAL RULING BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. The Administrative Agent agrees that the receipt of the Communications by the Lender Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Loan Documents. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Documents. Nothing herein shall prejudice Each Lender agrees to notify the right Administrative Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the Lender foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to give any notice or other communication pursuant to any Loan Document in any other manner specified in such Loan Documente-mail address.

Notices Electronic Communications. Except in the case of notices and other communications expressly permitted to be given by telephone, notices (a) Notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax or efax, as follows: (i) if to the Borrower, to it at: Xxxxxxx Xxxxxx 0 Xxxxxxxxx Xxxxx X-0000 Xxxxxxxxxx Tel: +000 00000 000 Fax: +000 00000 000 E-mail shall be delivered, and all notices and other communications expressly permitted hereunder mail: xxxxxxx.xxxxxx@xxxxxx.xxx (ii) if to be given by telephone shall be madethe Administrative Agent, to the applicable address, fax facsimile number, e-electronic mail address or telephone number specified for such Person on Schedule 9.01(b); and (iii) if to a Lender, to such Lender at its address (or fax number) set forth on Schedule 2.01 or in the applicable Person Assignment and Acceptance pursuant to which such Lender shall have become a party hereto or as otherwise communicated in Schedule 8.01. writing from time to time by such Lender to the Borrower and the Administrative Agent. (b) All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service or sent by fax or on the date five Business Days after dispatch by certified or registered mail if mailed, in each case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 9.01 or in accordance with the latest unrevoked direction from such party given in accordance with this SectionSection 9.01. 8.01. (c) As agreed to among the Borrower Borrower, the Administrative Agent and the Lender applicable Lenders from time to time, notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. Notices and other communications to the Lenders hereunder may be delivered or furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by the Administrative Agent; provided that the foregoing shall not apply to notices to any Lender pursuant to Article II if such Lender has notified the Administrative Agent that it is incapable of receiving notices under Article II by electronic communication. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may be limited to particular notices or communications. (d) Unless the Administrative Agent otherwise prescribes, (i) notices and other communications sent to an e-mail address shall be deemed received upon the intended recipient’s receipt of the notice or communication, which shall be evidenced by an acknowledgment from the intended recipient (such as by the “delivery receipt” function, as available, return e-mail or other written acknowledgement); provided that, if such notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next Business Day for the recipient; provided, further, that if the sender receives an “out-of-office” reply e-mail containing instructions regarding notification to another person in the intended recipient’s absence, such notice or other communication shall be deemed received upon the sender’s compliance with such instructions, and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient at its e-mail address as described in the foregoing clause (i) of notification that such notice or communication is available and identifying the website address therefor. (e) The Borrower mayhereby agrees, unless directed otherwise by the Lender Administrative Agent or unless the e-mail address referred to below has not been provided by the Lender Administrative Agent to the Borrower, and may that it will, or will cause its Subsidiaries to, provide to the Lender Administrative Agent all information, documents and other materials that it is obligated to furnish to the Lender Administrative Agent pursuant to the Loan Documents or to the Lender Lenders under Article 5IV of Annex I hereof or under Article V hereof, including all notices, requests, financial statements, financial and other reports, certificates and other information materials materials, but excluding any such communication that (i) is or relates to a Borrowing Request, a notice pursuant to Section 2.10, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default under this Agreement or any other Loan Document or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing or other extension of credit hereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender Administrative Agent to an e-mail address as directed by the LenderAdministrative Agent. In addition, the Borrower shallagrees, and shall agrees to cause its Subsidiaries toSubsidiaries, to continue to provide the Communications to the LenderAdministrative Agent or the Lenders, as the case may be, in the manner specified in the Loan Documents but only to the extent requested by the Administrative Agent. (f) The Borrower hereby acknowledges that (i) the Administrative Agent will make available to the Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (ii) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material non-public information with respect to the Borrower, its Subsidiaries or their respective securities for purposes of United States federal and state securities laws) (each, a “Public Lender”). The Borrower hereby agrees that (w) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower, its Subsidiaries or their respective securities for purposes of United States federal and state securities laws (provided, however, that to the extent the Borrower Materials constitute Information, they shall be treated as set forth in Section 9.16); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Investor;” and (z) the Administrative Agent shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be marked “PUBLIC” and the Borrower agrees that the following documents may be distributed to all Lenders (including Public Lenders) unless, solely with respect to the documents described in clauses (B) and (C) below, the Borrower advises the Administrative Agent in writing (including by e-mail) within a reasonable time prior to their intended distribution that such material should only be distributed to Lenders other than Public Lenders (it being agreed that the Borrower and its counsel shall have been given a reasonable opportunity to review such documents and comply with applicable securities law disclosure obligations): (A) the Loan Documents; (B) administrative materials prepared by the Administrative Agent for prospective Lenders; (C) term sheets and notification of changes in the terms of the Term Facility; and (D) the Audited Financial Statements and the financial statements and certificates furnished pursuant to Section 4.10 of Annex I. (g) Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Borrower or its securities for purposes of United States Federal or state securities laws. (h) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES HAVE ANY LIABILITY TO ANY LOAN PARTY, ANY LENDER OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY LOAN PARTY’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND IN A FINAL RULING BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. (i) The Administrative Agent agrees that the receipt of the Communications by the Lender Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Loan Documents. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Documents. Nothing herein shall prejudice Each Lender agrees to notify the right Administrative Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the Lender foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to give any notice or other communication pursuant to any Loan Document in any other manner specified in such Loan Documente-mail address.

Notices Electronic Communications. (a) Except as provided in the case of notices and other communications expressly permitted to be given by telephoneparagraph (b) below, all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax facsimile as follows: (i) if to a Borrower or e-mail shall be delivered, and all notices and other communications expressly permitted hereunder to be given by telephone shall be madethe Fund, to it at the applicable address, fax number, e-mail address or telephone number specified for at the applicable Person in Schedule 8.01. All notices and other communications given to any party hereto in accordance with the provisions beginning of this Agreement Agreement, Attention of: Xxxx Xxxxx or via facsimile at No: (000) 000-0000; and (ii) if to the Bank, to Xxxx Xxxxxxxxx, Vice President, or Fund Finance Department Head at M/S SFC0310, State Street Bank and Trust Company, Xxx Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Notices sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received; notices sent by facsimile shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the date of receipt if next business day for the recipient). Notices delivered by hand or overnight courier service or sent by fax or on through electronic communications, to the date five Business Days after dispatch by certified or registered mail if mailedextent provided in paragraph (b) below, in each case delivered, sent or mailed (properly addressed) to such party shall be effective as provided in said paragraph (b). (b) Notices made by a Borrower or Fund consisting of requests for loans or notices of repayments hereunder may be delivered or furnished by e-mail, facsimile or other electronic communication pursuant to procedures approved by the Bank, unless the Bank, in its discretion, notifies such Borrower otherwise. Communications transmitted by the Borrower or the Fund consisting of financial information permitted to be delivered by electronic means pursuant to the last paragraph of Section II(1) of this Section 8.01 Agreement may be delivered or furnished by electronic means as provided in accordance with such Section. The Bank may, in its discretion, agree to accept other notices and communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may be limited to particular notices or communications. Neither the latest unrevoked direction Bank nor any of its directors, officers, employees, agents or affiliates shall be liable for any damages arising from such party given the use by unintended recipients of any information or other materials distributed through telecommunications, electronic or other information transmission systems in accordance connection with this Section 8.01Agreement or the other Loan Documents or the transactions contemplated hereby or thereby. As agreed to among Unless the Borrower and the Lender from time to timeBank otherwise prescribes, (i) notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. The Borrower may, unless directed otherwise by the Lender or unless the e-mail address referred to below has not been provided by the Lender to the Borrower, and may cause its Subsidiaries to, provide to the Lender information, documents and other materials that it is obligated to furnish to the Lender pursuant to the Loan Documents or to the Lender under Article 5, including all notices, requests, financial statements, financial and other reports, certificates and other information materials (all such communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender sent to an e-mail address as directed shall be deemed to have been given when received by the Lender. In addition, Bank and (ii) financial information posted to an Internet or intranet website shall be deemed received upon the Borrower shall, and shall cause its Subsidiaries to, continue to provide the Communications to the Lender, as the case may be, in the manner specified in the Loan Documents to the extent requested deemed receipt by the Lender. The Lender agrees that the receipt of the Communications by the Lender intended recipient, at its e-mail address set forth above shall constitute effective delivery as described in the foregoing clause (i), of notification that such notice or communication is available and identifying the Communications to the Lender website address therefor; provided that, for purposes of the Loan Documents. Nothing herein shall prejudice the right of the Lender to give any notice both clauses (i) and (ii) above, if such notice, email or other communication pursuant is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to any Loan Document in any have been sent at the opening of business on the next Business Day for the recipient. (c) Any party hereto may change its address, facsimile number or email address for notices and other manner specified in such Loan Documentcommunications hereunder by notice to the other parties hereto.

Notices Electronic Communications. (a) Except as provided in the case of notices subsection (b) below, all notices, requests, consents and other communications expressly permitted to be given by telephone, notices and other communications provided for herein any party hereunder shall be in writing (including facsimile transmission or similar writing) and shall be delivered given to such party at its address or telex number or facsimile number set forth on Schedule 1 attached hereto. Notices sent by hand or overnight courier service, or mailed by certified or registered mail or sent by fax or e-mail shall be deliveredmail, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made, to the applicable address, fax number, e-mail address or telephone number specified for the applicable Person in Schedule 8.01. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given when received; notices sent by facsimile shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the date of receipt if next business day for the recipient). Notices delivered by hand or overnight courier service or sent by fax or on through electronic communications, to the date five Business Days after dispatch by certified or registered mail if mailedextent provided in paragraph (b) below, in each case delivered, sent or mailed (properly addressed) to such party shall be effective as provided in this Section 8.01 or in accordance with the latest unrevoked direction from such party given in accordance with this Sectionparagraph (c). 8.01. As agreed to among (b) Notices made by the Borrower consisting of requests for Loans or notices of repayments hereunder or items referred to in Sections 5.01(a) and (b) hereof may be delivered or furnished by e-mail or other electronic communication pursuant to procedures approved by the Lender Agent, unless the Agent, in its discretion, previously notifies the Borrower otherwise, provided that the foregoing shall not apply to notices to any Bank pursuant to Article II if such Bank has notified the Agent that it is incapable of receiving notices under such Article by electronic communication. In furtherance of the foregoing, each Bank hereby agrees to notify the Agent in writing, on or before the date such Bank becomes a party to this Agreement, of such Bank’s e-mail address to which a notice may be sent (and from time to timetime thereafter to ensure that the Agent has on record an effective e-mail address for such Bank). The Agent may, in its discretion, agree to accept other notices and communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may be limited to particular notices or communications. Neither the Agent, any Bank, nor any of the directors, officers, employees, agents or Affiliates of the Agent or any Bank shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby. (c) Unless the Agent otherwise prescribes, (i) notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. The Borrower may, unless directed otherwise by the Lender or unless the e-mail address referred to below has not been provided by the Lender to the Borrower, and may cause its Subsidiaries to, provide to the Lender information, documents and other materials that it is obligated to furnish to the Lender pursuant to the Loan Documents or to the Lender under Article 5, including all notices, requests, financial statements, financial and other reports, certificates and other information materials (all such communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender sent to an e-mail address as directed shall be deemed to have been given when received by the Lender. In addition, the Borrower shallintended recipient, and (ii) if agreed to pursuant to paragraph (b) above, notices or communications posted to an Internet or intranet website shall cause its Subsidiaries to, continue to provide be deemed received upon the Communications to the Lender, as the case may be, in the manner specified in the Loan Documents to the extent requested deemed receipt by the Lender. The Lender agrees that the receipt of the Communications by the Lender intended recipient at its e-mail address set forth above shall constitute effective delivery as described in the foregoing clause (i) of notification that such notice or communication is available and identifying the Communications to the Lender website address therefor; provided that, for purposes of the Loan Documents. Nothing herein shall prejudice the right of the Lender to give any notice both clauses (i) and (ii), if such notice, email or other communication pursuant is not sent during the normal business hours of the recipient, such notice, email or communication shall be deemed to any Loan Document in any have been sent at the opening of business on the next business day for the recipient. (d) Any party hereto may change its address, facsimile number or e-mail address for notices and other manner specified in such Loan Documentcommunications hereunder by notice to the other parties hereto.

Notices Electronic Communications. Except in the case of notices and other communications expressly permitted to be given by telephonetelephone (and except for electronic communication provided below), all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax facsimile as follows: (a) if to the Borrower or eif to Intermediate Holdings, to: 0000 Xxxxxxxxx Xxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxx 00000-mail shall be delivered0000 Attn: General Counsel Telecopy: (000) 000-0000 Telephone: (000) 000-0000 (a) if to the Administrative Agent or the Collateral Trustee, and all notices and other communications expressly permitted hereunder to: Credit Suisse, Agency Manager, Xxx Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000 Fax No. 000-000-0000 Email: xxxxxx.xxxxxxx@xxxxxx-xxxxxx.xxx (b) if to be given by telephone shall be madea Lender, to the applicable addressit at its address (or facsimile number) set forth in its Administrative Questionnaire. Notices sent by hand or overnight courier service, fax numberor mailed by certified or registered mail, e-mail address or telephone number specified for the applicable Person in Schedule 8.01. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given when received; notices sent by facsimile shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the date of receipt if next Business Day for the recipient). Notices delivered by hand or overnight courier service or sent by fax or on through electronic communications, to the date five Business Days after dispatch by certified or registered mail if mailedextent provided in the immediately succeeding paragraph below, in each case delivered, sent or mailed (properly addressed) to such party shall be effective as provided in this Section 8.01 said paragraph. Notices and other communications to the Lenders hereunder may be delivered or in accordance with furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by the latest unrevoked direction from Administrative Agent; provided that the foregoing shall not apply to notices to any Lender pursuant to Article II if such party given in accordance with this Section 8.01Lender has notified the Administrative Agent that it is incapable of receiving notices under such Article by electronic communication. As agreed to among The Administrative Agent or the Borrower and the Lender from time may, in its discretion, agree to time, accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may also be delivered by e-mail limited to particular notices or communications. Unless the e-mail address of a representative of the applicable Person provided from time to time by such Person. The Borrower mayAdministrative Agent otherwise prescribes, unless directed otherwise by the Lender or unless the e-mail address referred to below has not been provided by the Lender to the Borrower, and may cause its Subsidiaries to, provide to the Lender information, documents (i) notices and other materials that it is obligated to furnish to the Lender pursuant to the Loan Documents or to the Lender under Article 5, including all notices, requests, financial statements, financial and other reports, certificates and other information materials (all such communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as directed by the Lender. In addition“return receipt requested” function, the Borrower shallas available, return e-mail or other written acknowledgement), and (ii) notices or communications posted to an Internet or intranet website shall cause its Subsidiaries to, continue to provide be deemed received upon the Communications to the Lender, as the case may be, in the manner specified in the Loan Documents to the extent requested deemed receipt by the Lender. The Lender agrees that the receipt of the Communications by the Lender intended recipient, at its e-mail address set forth above shall constitute effective delivery as described in the foregoing clause (i), of notification that such notice or communication is available and identifying the Communications to the Lender website address therefor; provided that, for purposes of the Loan Documents. Nothing herein shall prejudice the right of the Lender to give any notice both clauses (i) and (ii) above, if such notice, email or other communication pursuant is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to any Loan Document in any have been sent at the opening of business on the next Business Day for the recipient. Any party hereto may change its address or facsimile number for notices and other manner specified in such Loan Documentcommunications hereunder by notice to the other parties hereto.

Notices Electronic Communications. (a) Except as provided in the case of notices subsection (b) below, all notices, requests, consents and other communications expressly permitted to be given by telephone, notices and other communications provided for herein any party hereunder shall be in writing (including facsimile transmission or similar writing) and shall be delivered given to such party at its address or telex number or facsimile number set forth on Schedule 1 attached hereto. Notices sent by hand or overnight courier service, or mailed by certified or registered mail or sent by fax or e-mail shall be deliveredmail, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made, to the applicable address, fax number, e-mail address or telephone number specified for the applicable Person in Schedule 8.01. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given when received; notices sent by facsimile shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the date of receipt if next business day for the recipient). Notices delivered by hand or overnight courier service or sent by fax or on through electronic communications, to the date five Business Days after dispatch by certified or registered mail if mailedextent provided in paragraph (b) below, in each case delivered, sent or mailed (properly addressed) to such party shall be effective as provided in this Section 8.01 or in accordance with the latest unrevoked direction from such party given in accordance with this Sectionparagraph (c). 8.01. As agreed to among (b) Notices made by the Borrower consisting of requests for Loans or notices of repayments hereunder or items referred to in Sections 6.01(a), (b) and (c) hereof may be delivered or furnished by e-mail or other electronic communication pursuant to procedures approved by the Agent, unless the Agent, in its discretion, previously notifies the Borrower otherwise, provided that the foregoing shall not apply to notices to any Lender pursuant to Article II if such Lender has notified the Agent that it is incapable of receiving notices under such Article by electronic communication. In furtherance of the foregoing, each Lender hereby agrees to notify the Agent in writing, on or before the date such Lender becomes a party to this Agreement, of such Lxxxxx's e-mail address to which a notice may be sent (and from time to timetime thereafter to ensure that the Agent has on record an effective e-mail address for such Lender). The Agent may, in its discretion, agree to accept other notices and communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may be limited to particular notices or communications. Neither the Agent, any Lender, nor any of the directors, officers, employees, agents or Affiliates of the Agent or any Lender shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby. (c) Unless the Agent otherwise prescribes, (i) notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. The Borrower may, unless directed otherwise by the Lender or unless the e-mail address referred to below has not been provided by the Lender to the Borrower, and may cause its Subsidiaries to, provide to the Lender information, documents and other materials that it is obligated to furnish to the Lender pursuant to the Loan Documents or to the Lender under Article 5, including all notices, requests, financial statements, financial and other reports, certificates and other information materials (all such communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender sent to an e-mail address as directed shall be deemed to have been given when received by the Lender. In addition, the Borrower shallintended recipient, and (ii) if agreed to pursuant to paragraph (b) above, notices or communications posted to an Internet or intranet website shall cause its Subsidiaries to, continue to provide be deemed received upon the Communications to the Lender, as the case may be, in the manner specified in the Loan Documents to the extent requested deemed receipt by the Lender. The Lender agrees that the receipt of the Communications by the Lender intended recipient at its e-mail address set forth above shall constitute effective delivery as described in the foregoing clause (i) of notification that such notice or communication is available and identifying the Communications to the Lender website address therefor; provided that, for purposes of the Loan Documents. Nothing herein shall prejudice the right of the Lender to give any notice both clauses (i) and (ii), if such notice, email or other communication pursuant is not sent during the normal business hours of the recipient, such notice, email or communication shall be deemed to have been sent at the opening of business on the next business day for the recipient. (d) Each of the Borrower and the Agent may change its address, facsimile or telephone number for notices and other communications hereunder by notice to the other parties hereto. Each other Lender may change its address, facsimile or telephone number for notices and other communications hereunder by notice to the Borrower and the Agent. In addition, each Lxxxxx agrees to notify the Agent from time to time to ensure that the Agent has on record (i) an effective address, contact name, telephone number, facsimile number and electronic mail address to which notices and other communications may be sent and (ii) accurate wire instructions for such Lender. (e) The Agent and the Lenders shall be entitled to rely and act upon any Loan Document notices (including telephonic notices and Borrowing Notices) purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other manner form of notice specified in herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Borrower shall indemnify the Agent, each Lender and the Related Parties of each of them from all losses, costs, expenses and liabilities resulting from the reliance by such Loan DocumentPerson on each notice purportedly given by or on behalf of the Borrower. All telephonic notices to and other telephonic communications with the Agent may be recorded by the Agent, and each of the parties hereto hereby consents to such recording.

Notices Electronic Communications. (a) Except as provided in the case of notices subsection (b) below, all notices, requests, consents and other communications expressly permitted to be given by telephone, notices and other communications provided for herein any party hereunder shall be in writing (including facsimile transmission or similar writing) and shall be delivered given to such party at its address or telex number or facsimile number set forth on Schedule 1 attached hereto. Notices sent by hand or overnight courier service, or mailed by certified or registered mail or sent by fax or e-mail shall be deliveredmail, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made, to the applicable address, fax number, e-mail address or telephone number specified for the applicable Person in Schedule 8.01. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given when received; notices sent by facsimile shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the date of receipt if next business day for the recipient). Notices delivered by hand or overnight courier service or sent by fax or on through electronic communications, to the date five Business Days after dispatch by certified or registered mail if mailedextent provided in paragraph (b) below, in each case delivered, sent or mailed (properly addressed) to such party shall be effective as provided in this Section 8.01 or in accordance with the latest unrevoked direction from such party given in accordance with this Sectionparagraph (c). 8.01. As agreed to among (b) Notices made by the Borrower consisting of requests for Loans or notices of repayments hereunder or items referred to in Sections 5.01(a) and (b) hereof may be delivered or furnished by e-mail or other electronic communication pursuant to procedures approved by the Agent, unless the Agent, in its discretion, previously notifies the Borrower otherwise, provided that the foregoing shall not apply to notices to any Bank pursuant to Article II if such Bank has notified the Agent and the Lender Borrower that it is incapable of receiving notices under such Article by electronic communication. In furtherance of the foregoing, each Bank hereby agrees to notify the Agent in writing, on or before the date such Bank becomes a party to this Agreement, of such Bank’s e-mail address to which a notice may be sent (and from time to timetime thereafter to ensure that the Agent has on record an effective e-mail address for such Bank). The Agent may, in its discretion, agree to accept other notices and communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may be limited to particular notices or communications. Neither the Agent, any Bank, the Borrower nor any of the directors, officers, employees, agents or Affiliates of the Agent, any Bank or the Borrower shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby, except to the extent that any such damages are found by a final and non-appealable decision of a court of competent jurisdiction to have resulted from the gross negligence or willful misconduct of such Person. (c) Unless the Agent otherwise prescribes, (i) notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. The Borrower may, unless directed otherwise by the Lender or unless the e-mail address referred to below has not been provided by the Lender to the Borrower, and may cause its Subsidiaries to, provide to the Lender information, documents and other materials that it is obligated to furnish to the Lender pursuant to the Loan Documents or to the Lender under Article 5, including all notices, requests, financial statements, financial and other reports, certificates and other information materials (all such communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender sent to an e-mail address as directed shall be deemed to have been given when received by the Lender. In addition, the Borrower shallintended recipient, and (ii) if agreed to pursuant to paragraph (b) above, notices or communications posted to an Internet or intranet website shall cause its Subsidiaries to, continue to provide be deemed received upon the Communications to the Lender, as the case may be, in the manner specified in the Loan Documents to the extent requested deemed receipt by the Lender. The Lender agrees that the receipt of the Communications by the Lender intended recipient at its e-mail address set forth above shall constitute effective delivery as described in the foregoing clause (i) of notification that such notice or communication is available and identifying the Communications to the Lender website address therefor; provided that, for purposes of the Loan Documents. Nothing herein shall prejudice the right of the Lender to give any notice both clauses (i) and (ii), if such notice, email or other communication pursuant is not sent during the normal business hours of the recipient, such notice, email or communication shall be deemed to any Loan Document in any have been sent at the opening of business on the next business day for the recipient. (d) Any party hereto may change its address, facsimile number or e-mail address for notices and other manner specified in such Loan Documentcommunications hereunder by notice to the other parties hereto.

Notices Electronic Communications. (a) Except in the case of notices and other communications as otherwise expressly permitted to be given by telephoneprovided herein, all notices and other communications provided for herein hereunder shall be in writing (including telegraphic, telecopier or cable communication) and mailed, telegraphed, telecopied, cabled or delivered: if to any Credit Party, at the address specified opposite its signature below or in the other relevant Credit Documents; if to any Lender, at its address specified on its signature page hereto; if to the Administrative Agent, at the Notice Office, and if to the Collateral Agent, at The Bank of New York Mellon, 2000 Xxxxx Xxxxxx, Suite 1000, Dallas, TX 75201, Attn: Sxxxxx Row, Tel: (000) 000-0000; e-mail: lxxxx-xxxxxxxxxxxxxxx@xxxxxxxxx.xxx; or, as to any Credit Party or the Administrative Agent, at such other address as shall be delivered designated by hand such party in a written notice to the other parties hereto and, as to each Lender, at such other address as shall be designated by such Lender in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall, when mailed, telegraphed, telecopied, or overnight courier service, mailed by certified or registered mail cabled or sent by fax or e-mail shall overnight courier, be deliveredeffective when deposited in the mails, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made, delivered to the applicable addresstelegraph company, fax number, e-mail address or telephone number specified for the applicable Person in Schedule 8.01. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand cable company or overnight courier service courier, as the case may be, or sent by fax telecopier, except that notices and communications to the Administrative Agent, the Collateral Agent and the Borrower shall not be effective until received by the Administrative Agent, the Collateral Agent or on the date five Business Days after dispatch by certified or registered mail if mailedBorrower, in each as the case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.01may be. As agreed to among the Borrower Borrower, the Administrative Agent, the Collateral Agent and the Lender applicable Lenders from time to time, notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. . (b) The Borrower mayhereby agrees, unless directed otherwise by the Lender Administrative Agent or unless the e-electronic mail address referred to below has not been provided by the Lender Administrative Agent to the Borrower, and may that it will, or will cause its Subsidiaries to, provide to the Lender Administrative Agent all information, documents and other materials that it is obligated to furnish to the Lender Administrative Agent pursuant to the Loan Credit Documents or to the Lender Lenders under Article 5Section 8, including all notices, requests, financial statements, financial and other reports, certificates and other information materials materials, but excluding any such communication that (i) is or relates to a Notice of Borrowing or a Notice of Conversion/Continuation, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default under this Agreement or any other Credit Document or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing or other extension of credit hereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender Administrative Agent to an e-electronic mail address as directed by the LenderAdministrative Agent. In addition, the Borrower shallagrees, and shall agrees to cause its Subsidiaries toSubsidiaries, to continue to provide the Communications to the LenderAdministrative Agent or the Lenders, as the case may be, in the manner specified in the Loan Credit Documents but only to the extent requested by the Administrative Agent. (c) The Borrower hereby acknowledges that (a) the Administrative Agent will make available to the Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on Intralinks, SyndTrak, DebtDomain or another similar electronic system (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material non-public information with respect to the Borrower, its Subsidiaries or their securities) (each, a “Public Lender”). The Borrower shall use commercially reasonable efforts to (and, at the request of the Lead Arranger, shall) clearly designate as such all Borrower Materials provided to the Lead Arranger by or on behalf of the Borrower that are suitable to be made available to Public Lenders. The Borrower hereby agrees that (w) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower or its securities for purposes of United States federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 12.16); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Investor;” and (z) the Administrative Agent shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be marked “PUBLIC”, unless the Borrower notifies the Administrative Agent promptly that any such document contains material non-public information: (1) the Credit Documents and (2) notification of changes in the terms of this Agreement or the other Credit Documents. (d) Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Borrower or its securities for purposes of United States Federal or state securities laws. The Borrower agrees to use all commercially reasonable efforts to mxxx any document provided under Section 8.01(a), (b) and (e) “PUBLIC.” (e) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES HAVE ANY LIABILITY TO ANY CREDIT PARTY, ANY LENDER OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY CREDIT PARTY’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND IN A FINAL RULING BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH PERSON’S GROSS NEGLIGENCE, BAD FAITH OR WILLFUL MISCONDUCT. (f) The Administrative Agent agrees that the receipt of the Communications by the Lender Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Credit Documents. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Credit Documents. Each Lender agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to such e-mail address. (g) Nothing herein shall prejudice the right of the Administrative Agent or any Lender to give any notice or other communication pursuant to any Loan Credit Document in any other manner specified in such Loan Credit Document.

Notices Electronic Communications. (a) Except in the case of notices and other communications as otherwise expressly permitted to be given by telephoneprovided herein, all notices and other communications provided for herein hereunder shall be in writing (including telegraphic, telecopier or cable communication) and mailed, telegraphed, telecopied, cabled or delivered: if to any Credit Party, at the address specified opposite its signature below or in the other relevant Credit Documents; if to any Lender, at its address specified on Schedule 12.03; and if to the Administrative Agent, at the Notice Office; or, as to any Credit Party or the Administrative Agent, at such other address as shall be delivered designated by hand such party in a written notice to the other parties hereto and, as to each Lender, at such other address as shall be designated by such Lender in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall, when mailed, telegraphed, telecopied, or overnight courier service, mailed by certified or registered mail cabled or sent by fax or e-mail shall overnight courier, be deliveredeffective when deposited in the mails, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made, delivered to the applicable addresstelegraph company, fax number, e-mail address or telephone number specified for the applicable Person in Schedule 8.01. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand cable company or overnight courier service courier, as the case may be, or sent by fax telecopier; except, that notices and communications to the Administrative Agent and the Borrower shall not be effective until received by the Administrative Agent or on the date five Business Days after dispatch by certified or registered mail if mailedBorrower, in each as the case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.01may be. As agreed to among the Borrower Borrower, the Administrative Agent and the Lender applicable Lenders from time to time, notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. . (b) The Borrower mayhereby agrees, unless directed otherwise by the Lender Administrative Agent or unless the e-electronic mail address referred to below has not been provided by the Lender Administrative Agent to the Borrower, and may that it will, or will cause its Subsidiaries to, provide to the Lender Administrative Agent all information, documents and other materials that it is obligated to furnish to the Lender Administrative Agent pursuant to the Loan Credit Documents or to the Lender Lenders under Article 5Section 8, including all notices, requests, financial statements, financial and other reports, certificates and other information materials materials, but excluding any such communication that (i) is or relates to a Notice of Borrowing or a Notice of Conversion/Continuation, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default under this Agreement or any other Credit Document or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing or other extension of credit hereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender Administrative Agent to an e-electronic mail address as directed by the LenderAdministrative Agent. In addition, the Borrower shallagrees, and shall agrees to cause its Subsidiaries toSubsidiaries, to continue to provide the Communications to the LenderAdministrative Agent or the Lenders, as the case may be, in the manner specified in the Loan Credit Documents but only to the extent requested by the Administrative Agent. (c) The Borrower hereby acknowledges that (a) the Administrative Agent will make available to the Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, the “the Borrower Materials”) by posting the Borrower Materials on Intralinks, SyndTrak or another similar electronic system (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material non-public information with respect to the Borrower, its Subsidiaries or their securities) (each, a “Public Lender”). The Borrower hereby agrees that (w) all the Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking the Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such the Borrower Materials as not containing any material non-public information with respect to the Borrower or its securities for purposes of United States federal and state securities laws (provided, however, that to the extent such the Borrower Materials constitute Information, they shall be treated as set forth in Section 12.16); (y) all the Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Investor;” and (z) the Administrative Agent shall be entitled to treat the Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following the Borrower Materials shall be marked “PUBLIC”, unless the Borrower notifies the Administrative Agent promptly that any such document contains material non-public information: (1) the Credit Documents and (2) notification of changes in the terms of this Agreement or the other Credit Documents. (d) Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Borrower or its securities for purposes of United States Federal or state securities laws. The Borrower agrees to use all commercially reasonable efforts to mxxx any document provided under Section 8.01(a), (b) and (e) “PUBLIC.” (e) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES HAVE ANY LIABILITY TO ANY CREDIT PARTY, ANY LENDER OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY CREDIT PARTY’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND IN A FINAL RULING BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH PERSON’S GROSS NEGLIGENCE, BAD FAITH OR WILLFUL MISCONDUCT. (f) The Administrative Agent agrees that the receipt of the Communications by the Lender Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Credit Documents. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Credit Documents. Each Lender agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to such e-mail address. (g) Nothing herein shall prejudice the right of the Administrative Agent or any Lender to give any notice or other communication pursuant to any Loan Credit Document in any other manner specified in such Loan Credit Document.

Notices Electronic Communications. Except in the case of notices and other communications expressly permitted to be given by telephone, notices Notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax or e-mail shall be deliveredfax, and all notices and other communications expressly permitted hereunder as follows: (a) if to be given by telephone shall be madethe Borrower, to it at 000 X. Xxxxxxxxx Xxxxxx, Xxxxxxxxx, XX 00000, Attention of Xxxxxx X. Xxxx (Fax No. (000) 000-0000); with a copy to Xxxxxxxx & Xxxxx LLP: 000 X. XxXxxxx, Chicago, IL 60654, Attention: Xxxxxxxxxxx Xxxxxx, P.C. (Fax No. (000) 000-0000); (b) if to the applicable addressAdministrative Agent, to JPMorgan Chase Bank, N.A. at 000 Xxxx Xxxxxxxxx Xxxxxx, Xxxxx 00, Xxxxxxxxx, XX, 00000-0000, Attention of: Xxxxxxx Xxxxx (Fax No. (000)-000-0000; and (c) if to a Lender, to it at its address (or fax number, e-mail address ) set forth on Schedule 1.01(c) or telephone number specified for in the applicable Person in Schedule 8.01Assignment and Assumption pursuant to which such Lender shall have become a party hereto. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service or sent by fax or on the date five Business Days after dispatch by certified or registered mail if mailed, in each case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 11.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.01Section 11.02. As agreed to among the Borrower and the Lender Administrative Agent and the applicable Lenders from time to time, notices and other communications may also be delivered by e-electronic mail to the e-electronic mail address of a representative of the applicable Person provided from time to time by such Person. The Borrower mayhereby agrees, unless directed otherwise by the Lender Administrative Agent or unless the e-electronic mail address referred to below has not been provided by the Lender Administrative Agent to the Borrower, that it will, and may will cause its Subsidiaries to, provide to the Lender Administrative Agent all information, documents and other materials that it is obligated to furnish to the Lender Administrative Agent pursuant to the Loan Documents or to the Lender Lenders under Article 57, including all notices, requests, financial statements, financial and other reports, certificates and other information materials materials, but excluding any such communication that (i) is or relates to a Borrowing Request, a notice pursuant to Section 4.04 or a notice requesting the issuance, amendment, extension or renewal of a Letter of Credit pursuant to Section 3.05, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default under this Agreement or any other Loan Document or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing or other extension of credit hereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender Administrative Agent to an e-electronic mail address as directed by the LenderAdministrative Agent. In addition, the Borrower shallagrees, and shall agrees to cause its Subsidiaries toSubsidiaries, to continue to provide the Communications to the LenderAdministrative Agent or the Lenders, as the case may be, in the manner specified in the Loan Documents but only to the extent requested by the LenderAdministrative Agent. The Borrower hereby acknowledges that (a) the Administrative Agent will make available to the Lenders and the Issuing Lender materials and/or information provided by or on behalf of the Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on Intralinks or another similar electronic system (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information with respect to the Borrower or its securities) (each, a “Public Lender”). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Borrower or its securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PERSONS WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PERSONS IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PERSONS HAVE ANY LIABILITY TO ANY LOAN PARTY, ANY LENDER OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY LOAN PARTY’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND IN A FINAL RULING BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH PERSON’S GROSS NEGLIGENCE, BAD FAITH OR WILLFUL MISCONDUCT. The Administrative Agent agrees that the receipt of the Communications by the Lender Administrative Agent at its e-electronic mail address set forth above shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Loan Documents. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Documents. Each Lender agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Lender’s electronic mail address to which the foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to such e-mail address. Nothing herein shall prejudice the right of the Administrative Agent or any Lender to give any notice or other communication pursuant to any Loan Document in any other manner specified in such Loan Document.

Notices Electronic Communications. Except in the case of notices and other communications expressly permitted to be given by telephone, notices Notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax fax, as follows: (a) if to the Borrower or e-mail shall be delivered, and all notices and other communications expressly permitted hereunder to be given by telephone shall be madeHoldings, to it at 00000 Xxxxxxxx Xxxx., Xxxxx 000 XX, XX 00000, Attention of General Counsel (Fax No. 000-000-0000), Email: xxxxxxx@xxxxx.xxx; (b) if to the applicable addressAdministrative Agent, to Credit Suisse AG, Cayman Islands Branch, Agency Manager, Xxx Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000, Fax No. 000-000-0000, Email: xxxxxx.xxxxxxx@xxxxxx-xxxxxx.xxx; and (c) if to a Lender, to it at its address (or fax number, e-mail address ) set forth on Schedule 2.01 or telephone number specified for in the applicable Person in Schedule 8.01Assignment and Acceptance pursuant to which such Lender shall have become a party hereto. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service or sent by fax or on the date five Business Days after dispatch by certified or registered mail if mailed, in each case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 9.01 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.01Section 9.01. As agreed to among Holdings, the Borrower Borrower, the Administrative Agent and the Lender applicable Lenders from time to time, notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. The Borrower mayhereby agrees, unless directed otherwise by the Lender Administrative Agent or unless the e-electronic mail address referred to below has not been provided by the Lender Administrative Agent to the Borrower, and may that it will, or will cause its the Subsidiaries to, provide to the Lender Administrative Agent all information, documents and other materials that it is obligated to furnish to the Lender Administrative Agent pursuant to the Loan Documents or to the Lender Lenders under Article 5V, including all notices, requests, financial statements, financial and other reports, certificates and other information materials materials, but excluding any such communication that (i) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (ii) provides notice of any Default or Event of Default under this Agreement or any other Loan Document or (iii) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender Administrative Agent to an e-electronic mail address as directed by the LenderAdministrative Agent. In addition, the Borrower shallagrees, and shall agrees to cause its Subsidiaries tothe Subsidiaries, to continue to provide the Communications to the LenderAdministrative Agent or the Lenders, as the case may be, in the manner specified in the Loan Documents but only to the extent requested by the LenderAdministrative Agent. The Borrower hereby acknowledges that (a) the Administrative Agent will make available to the Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on Intralinks or another similar electronic system (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material non-public information with respect to the Borrower or its securities) (each, a “Public Lender”). The Borrower hereby agrees that (w) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower or its securities for purposes of United States federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.16); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Investor;” and (z) the Administrative Agent shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be marked “PUBLIC”, unless the Borrower notifies the Administrative Agent promptly that any such document contains material non-public information: (1) the Loan Documents and (2) notification of changes in the terms of the Credit Facility or the Loans. Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Borrower or its securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES HAVE ANY LIABILITY TO ANY LOAN PARTY, ANY LENDER OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY LOAN PARTY’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND IN A FINAL RULING BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. The Administrative Agent agrees that the receipt of the Communications by the Lender Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Loan Documents. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Documents. Each Lender agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to such e-mail address. Nothing herein shall prejudice the right of the Administrative Agent or any Lender to give any notice or other communication pursuant to any Loan Document in any other manner specified in such Loan Document.

Notices Electronic Communications. Except in the case of notices and other communications expressly permitted to be given by telephone, notices (a) Notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax or efax, as follows: (i) if to the Borrower, to it at: Xxxxx ConnollyNick Xxxxx Executive Vice President & General Counsel Altice USA, Inc. 0000 Xxxxxxx Xxxxxx BethpageLong Island City, NY 1171411101 United States of America E-mail shall be delivered, and all notices and other communications expressly permitted hereunder mail: xxxxx.xxxxxxxxxxxx.xxxxx@xxxxxxxxx.xxx (ii) if to be given by telephone shall be madethe Administrative Agent, to the applicable address, fax facsimile number, e-electronic mail address or telephone number specified for such Person on Schedule 9.01(b); and (iii) if to a Lender, to such Lender at its address (or fax number) set forth on Schedule 2.01 or in the applicable Person Assignment and Acceptance pursuant to which such Lender shall have become a party hereto or as otherwise communicated in Schedule 8.01. writing from time to time by such Lender to the Borrower and the Administrative Agent. (b) All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service or sent by fax or on the date five Business Days after dispatch by certified or registered mail if mailed, in each case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 9.01 or in accordance with the latest unrevoked direction from such party given in accordance with this SectionSection 9.01. 8.01. (c) As agreed to among the Borrower Borrower, the Administrative Agent and the Lender applicable Lenders from time to time, notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. Notices and other communications to the Lenders hereunder may be delivered or furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by the Administrative Agent; provided that the foregoing shall not apply to notices to any Lender pursuant to Article II if such Lender has notified the Administrative Agent that it is incapable of receiving notices under Article II by electronic communication. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may be limited to particular notices or communications. (d) Unless the Administrative Agent otherwise prescribes, (i) notices and other communications sent to an e-mail address shall be deemed received upon the intended recipient’s receipt of the notice or communication, which shall be evidenced by an acknowledgment from the intended recipient (such as by the “delivery receipt” function, as available, return e-mail or other written acknowledgement); provided that, if such notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next Business Day for the recipient; provided, further, that if the sender receives an “out-of-office” reply e-mail containing instructions regarding notification to another person in the intended recipient’s absence, such notice or other communication shall be deemed received upon the sender’s compliance with such instructions, and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient at its e-mail address as described in the foregoing clause (i) of notification that such notice or communication is available and identifying the website address therefor. (e) The Borrower mayhereby agrees, unless directed otherwise by the Lender Administrative Agent or unless the e-mail address referred to below has not been provided by the Lender Administrative Agent to the Borrower, and may that it will, or will cause its Subsidiaries to, provide to the Lender Administrative Agent all information, documents and other materials that it is obligated to furnish to the Lender Administrative Agent pursuant to the Loan Documents or to the Lender Lenders under Article 5IV of Annex I hereof or under Article V hereof, including all notices, requests, financial statements, financial and other reports, certificates and other information materials materials, but excluding any such communication that (i) is or relates to a Borrowing Request, a notice pursuant to Section 2.10, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default under this Agreement or any other Loan Document or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing or other extension of credit hereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender Administrative Agent to an e-mail address as directed by the LenderAdministrative Agent. In addition, the Borrower shallagrees, and shall agrees to cause its Subsidiaries toSubsidiaries, to continue to provide the Communications to the LenderAdministrative Agent or the Lenders, as the case may be, in the manner specified in the Loan Documents but only to the extent requested by the Administrative Agent. (f) The Borrower hereby acknowledges that (i) the Administrative Agent will make available to the Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (ii) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material non-public information with respect to the Borrower, its Subsidiaries or their respective securities for purposes of United States federal and state securities laws) (each, a “Public Lender”). The Borrower hereby agrees that (w) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower, its Subsidiaries or their respective securities for purposes of United States federal and state securities laws (provided, however, that to the extent the Borrower Materials constitute Information, they shall be treated as set forth in Section 9.16); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Investor;” and (z) the Administrative Agent shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be marked “PUBLIC” and the Borrower agrees that the following documents may be distributed to all Lenders (including Public Lenders) unless, solely with respect to the documents described in clauses (B) and (C) below, the Borrower advises the Administrative Agent in writing (including by e-mail) within a reasonable time prior to their intended distribution that such material should only be distributed to Lenders other than Public Lenders (it being agreed that the Borrower and its counsel shall have been given a reasonable opportunity to review such documents and comply with applicable securities law disclosure obligations): (A) the Loan Documents; (B) administrative materials prepared by the Administrative Agent for prospective Lenders; (C) term sheets and notification of changes in the terms of the Term Facility; and (D) the Audited Financial Statements and the financial statements and certificates furnished pursuant to Section 4.10 of Annex I. (g) Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Borrower or its securities for purposes of United States Federal or state securities laws. (h) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES HAVE ANY LIABILITY TO ANY LOAN PARTY, ANY LENDER OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY LOAN PARTY’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND IN A FINAL RULING BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. (i) The Administrative Agent agrees that the receipt of the Communications by the Lender Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Loan Documents. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Documents. Nothing herein shall prejudice Each Lender agrees to notify the right Administrative Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the Lender foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to give any notice or other communication pursuant to any Loan Document in any other manner specified in such Loan Documente-mail address.

Notices Electronic Communications. (a) Except in the case of notices and other communications as otherwise expressly permitted to be given by telephoneprovided herein, all notices and other communications provided for herein hereunder shall be in writing (including telegraphic, telecopier or cable communication) and mailed, telegraphed, telecopied, cabled or delivered: if to any Credit Party, at the address specified opposite its signature below or in the other relevant Credit Documents; if to any Lender, at its address specified on Schedule 13.03; and if to the Administrative Agent, at the Notice Office; or, as to any Credit Party or the Administrative Agent, at such other address as shall be delivered designated by hand such party in a written notice to the other parties hereto and, as to each Lender, at such other address as shall be designated by such Lender in a written notice to the Borrower and the Administrative Agent. All such notices and communications shall, when mailed, telegraphed, telecopied, or overnight courier service, mailed by certified or registered mail cabled or sent by fax or e-mail shall overnight courier, be deliveredeffective when deposited in the mails, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made, delivered to the applicable addresstelegraph company, fax number, e-mail address or telephone number specified for the applicable Person in Schedule 8.01. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand cable company or overnight courier service courier, as the case may be, or sent by fax telecopier, except that notices and communications to the Administrative Agent and the Borrower shall not be effective until received by the Administrative Agent or on the date five Business Days after dispatch by certified or registered mail if mailedBorrower, in each as the case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.01may be. As agreed to among the Borrower Borrower, the Administrative Agent and the Lender applicable Lenders from time to time, notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. . (b) The Borrower mayhereby agrees, unless directed otherwise by the Lender Administrative Agent or unless the e-electronic mail address referred to below has not been provided by the Lender Administrative Agent to the Borrower, and may that it will, or will cause its Subsidiaries to, provide to the Lender Administrative Agent all information, documents and other materials that it is obligated to furnish to the Lender Administrative Agent pursuant to the Loan Credit Documents or to the Lender Lenders under Article 5Section 9, including all notices, requests, financial statements, financial and other reports, certificates and other information materials materials, but excluding any such communication that (i) is or relates to a Notice of Borrowing, a Notice of Conversion/Continuation or a Letter of Credit Request, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default under this Agreement or any other Credit Document or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing or other extension of credit hereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender Administrative Agent to an e-electronic mail address as directed by the LenderAdministrative Agent. In addition, the Borrower shallagrees, and shall agrees to cause its Subsidiaries toSubsidiaries, to continue to provide the Communications to the LenderAdministrative Agent or the Lenders, as the case may be, in the manner specified in the Loan Credit Documents but only to the extent requested by the Administrative Agent. (c) The Borrower hereby acknowledges that (a) the Administrative Agent will make available to the Lenders and the Issuing Lender materials and/or information provided by or on behalf of the Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on Intralinks or another similar electronic system (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material non-public information with respect to the Borrower or its securities) (each, a “Public Lender”). The Borrower hereby agrees that (w) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower or its securities for purposes of United States federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 13.16); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Investor;” and (z) the Administrative Agent shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be marked “PUBLIC”, unless the Borrower notifies the Administrative Agent promptly that any such document contains material non-public information: (1) the Credit Documents and (2) notification of changes in the terms of this Agreement or the other Credit Documents. (d) Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Borrower or its securities for purposes of United States Federal or state securities laws. (e) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES HAVE ANY LIABILITY TO ANY CREDIT PARTY, ANY LENDER OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY CREDIT PARTY’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND IN A FINAL RULING BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH PERSON’S GROSS NEGLIGENCE, BAD FAITH OR WILLFUL MISCONDUCT. (f) The Administrative Agent agrees that the receipt of the Communications by the Lender Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Credit Documents. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Credit Documents. Each Lender agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to such e-mail address. (g) Nothing herein shall prejudice the right of the Administrative Agent or any Lender to give any notice or other communication pursuant to any Loan Credit Document in any other manner specified in such Loan Credit Document.

Notices Electronic Communications. Except in the case of notices and other communications expressly permitted to be given by telephone, notices Notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax fax, as follows: (a) if to the Borrower, Holdings or e-mail shall be delivered, and all notices and any other communications expressly permitted hereunder to be given by telephone shall be madeCredit Party, to it at: c/o Wirepath LLC 0000 Xxxxxxxxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxxxxx, XX 00000 Attention: [*****] Tel: [*****] Electronic mail: [*****] (b) if to the applicable addressAdministrative Agent, Collateral Agent or Swingline Lender to it at: UBS AG, Stamford Branch Attention: Structured Finance Processing 000 Xxxxxxxxxx Xxxx., 0xx Xxxxx Xxxxxxxx, XX 00000 Facsimile: [*****] Telephone: [*****] Email: [*****] and (c) if to a Lender or Letter of Credit Issuer, to it at its address (or fax number) set forth on Schedule 13.2 or in the Assignment and Acceptance, e-mail address Incremental Agreement or telephone number specified for the applicable Person in Schedule 8.01documents relating to any Refinancing pursuant to which such Lender shall have become a party hereto. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service or sent by fax or on the date five Business Days after dispatch by certified or registered mail if mailed, in each case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 13.2 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.01Section 13.2. As agreed to among the Borrower and the Lender from time to time, notices Notices and other communications may also be delivered by e-mail to the e-mail email address of a representative of the applicable Person provided from time to time by such Person. The Borrower mayhereby agrees, unless directed otherwise by the Lender Administrative Agent or unless the e-electronic mail address referred to below has not been provided by the Lender Administrative Agent to the Borrower, and may that it will, or will cause its Subsidiaries to, provide to the Lender Administrative Agent all information, documents and other materials that it is obligated to furnish to the Lender Administrative Agent pursuant to the Loan Credit Documents or to the Lender Lenders under Article 5Section 9, including all notices, requests, financial statements, financial and other reports, certificates and other information materials materials, but excluding any such communication that (i) is or relates to a Notice of Borrowing or a notice pursuant to Section 2.6, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default under this Agreement or any other Credit Document or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing or other extension of credit hereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium that is properly identified in a format reasonably acceptable to the Lender Administrative Agent to an e-electronic mail address as directed by the LenderAdministrative Agent. In addition, the Borrower shallagrees, and shall agrees to cause its Subsidiaries toSubsidiaries, to continue to provide the Communications to the LenderAdministrative Agent or the Lenders, as the case may be, in the manner specified in the Loan Credit Documents but only to the extent requested by the LenderAdministrative Agent. The Borrower hereby acknowledges that (a) the Administrative Agent will make available to the Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on Intralinks or another similar electronic system (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material non- public information with respect to Holdings (or any Parent Entity thereof) or the Borrower or any of their respective securities) (each, a “Public Lender”). The Borrower hereby agrees that (x) by marking Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Agents and the Lenders to treat the Borrower Materials as not containing any material non-public information with respect to Holdings (or any Parent Entity thereof) or the Borrower or any of their respective securities for purposes of United States federal securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 13.16); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Investor”; and (z) the Administrative Agent shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be deemed to be marked “PUBLIC” unless the Borrower notifies the Administrative Agent promptly that any such document contains material non-public information: (1) the Credit Documents, (2) notification of changes in the terms of the Credit Facilities and (3) all information delivered pursuant to Section 9.01(a) and (b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and Applicable Law, including United States federal securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to Holdings (or any Parent Entity thereof) or the Borrower or any of their respective securities for purposes of United States federal securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES HAVE ANY LIABILITY TO ANY CREDIT PARTY, ANY LENDER, ANY OTHER AGENT OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY CREDIT PARTY’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET OR NOTICES THROUGH THE PLATFORM, ANY OTHER ELECTRONIC PLATFORM OR ELECTRONIC MESSAGING SERVICE, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND IN A FINAL DECISION BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE, BAD FAITH OR WILLFUL MISCONDUCT. The Administrative Agent agrees that the receipt of the Communications by the Lender Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Credit Documents. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Credit Documents. Each Lender agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to such e-mail address. Nothing herein shall prejudice the right of the Administrative Agent or any Lender to give any notice or other communication pursuant to any Loan Credit Document in any other manner specified in such Loan Credit Document. The Administrative Agent and the Lenders shall be entitled to rely and act upon any notices (including telephonic notices, Notices of Borrowing and Letter of Credit Requests) purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. All telephonic notices to the Administrative Agent may be recorded by the Administrative Agent, and each of the parties hereto hereby consents to such recording. The words “execution,”, “execute” “signed,” “signature,” and words of like import in or related to any document to be signed in connection with this Agreement and the transactions contemplated hereby (including without limitation Assignment and Acceptances, amendments or other modifications, Notices of Borrowing, waivers and consents) shall be deemed to include electronic signatures, the electronic matching of assignment terms and contract formations on electronic platforms approved by the Administrative Agent or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any Applicable Law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act; provided that notwithstanding anything contained herein to the contrary the Administrative Agent is under no obligation to agree to accept electronic signatures in any form or in any format unless expressly agreed to by the Administrative Agent pursuant to procedures approved by it; provided, further, that electronic signatures from Lenders (including assignees) delivered pursuant to procedures in effect on the site maintained by the Administrative Agent with respect to the Facilities as of the Closing Date shall be acceptable to the Administrative Agent. For the avoidance of doubt, delivery of an executed counterpart of a signature page by facsimile or other electronic imaging means (e.g. “.pdf” or “.tif”) shall be effective as delivery of a manually executed counterpart, and shall not be considered an electronic signature.

Notices Electronic Communications. Except in the case of notices and other communications expressly permitted to be given by telephone, notices Notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail mail, or sent by fax e-mail, as follows: (a) if to the Borrower, to it at: Giddy Inc. d/b/a Boxed 000 Xxxxxxxx, Xxxxxx Xxxxx Xxx Xxxx, XX 00000 Attention: General Counsel E-mail: xxxxx@xxxxx.xxx (b) if to the Administrative Agent, to it at: Alter Domus (US) LLC [***] E-mail: [***] and [***] and [***] Telephone: [***] With a copy to (which shall not constitute notice): Holland & Knight LLP [***] E-mail: [***] Telephone: [***] (c) if to a Lender, to it at its address (or e-mail shall be delivered, address) set forth on Schedule 2.01 or in the Assignment and all notices and other communications expressly permitted hereunder Acceptance pursuant to be given by telephone shall be made, to the applicable address, fax number, e-mail address or telephone number specified for the applicable Person in Schedule 8.01which such Lender became a party hereto. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service or sent by fax e-mail or on the date five Business Days after dispatch by certified or registered mail if mailed, in each case delivered, sent or mailed (properly addressed) to such party as provided in this Section 8.01 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.01. As agreed to among the Borrower and the Lender from time to time, notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable Person provided from time to time by such Person. The Borrower may, unless directed otherwise by hereby acknowledges that the Lender or unless Administrative Agent may make available to the e-mail address referred to below has not been Lenders materials and/or information provided by or on behalf of the Lender to Borrower hereunder (collectively, the Borrower, and may cause its Subsidiaries to, provide to “Borrower Materials”) by posting the Lender information, documents and other materials that it is obligated to furnish to Borrower Materials on Intralinks or another similar electronic system (the Lender pursuant to the Loan Documents or to the Lender under Article 5, including all notices, requests, financial statements, financial and other reports, certificates and other information materials (all such communications being referred to herein collectively as “CommunicationsPlatform”). THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, by transmitting the Communications in an electronic/soft medium that is properly identified in a format acceptable to the Lender to an eEXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-mail address as directed by the LenderINFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE ​ ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. In additionIN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES HAVE ANY LIABILITY TO ANY LOAN PARTY, the Borrower shallANY LENDER OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, and shall cause its Subsidiaries toWHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, continue to provide the Communications to the LenderSPECIAL, as the case may beINCIDENTAL OR CONSEQUENTIAL DAMAGES, in the manner specified in the Loan Documents to the extent requested by the LenderLOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY LOAN PARTY’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND IN A FINAL RULING BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. The Each Lender agrees that the receipt of notice to it (as provided in the Communications by next sentence) specifying that any communications have been posted to the Lender at its e-mail address set forth above Platform shall constitute effective delivery of the Communications such communications to the such Lender for purposes of the Loan Documents. Each Lender agrees to notify the Administrative Agent in writing (including by e-mail) from time to time of such Lender’s e-mail address to which the foregoing notice may be sent. Nothing herein shall prejudice the right of the Administrative Agent or any Lender to give any notice or other communication pursuant to any Loan Document in any other manner specified in such Loan Document.