Common use of Posting of Approved Electronic Communications Clause in Contracts

Posting of Approved Electronic Communications. (a) Each of the Lenders, the Issuers and the Borrowers agree, and the Borrowers shall cause each Subsidiary Guarantor to agree, that the Administrative Agent may, but shall not be obligated to, make the Approved Electronic Communications available to the Lenders and the Issuers by posting such Approved Electronic Communications on IntraLinks(TM) or a substantially similar electronic platform chosen by the Administrative Agent to be its electronic transmission system (the "Approved Electronic Platform"). (b) Although the Approved Electronic Platform and its primary web portal are secured with generally-applicable security procedures and policies implemented or modified by the Administrative Agent from time to time (including, as of the Closing Date, a dual firewall and a User ID/Password Authorization System) and the Approved Electronic Platform is secured through a single -user-per-deal authorization method whereby each user may access the Approved Electronic Platform only on a deal-by-deal basis, each of the Lenders, the Issuers and the Borrowers acknowledges and agrees, and the Borrowers shall cause each Subsidiary to acknowledge and agree, that the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution. In consideration for the convenience and other benefits afforded by such distribution and for the other consideration provided hereunder, the receipt and sufficiency of which is hereby acknowledged, each of the Lenders, the Issuers and the Borrowers hereby approve, and the Borrowers shall cause each Subsidiary to approve, distribution of the Approved Electronic Communications through the Approved Electronic Platform and understands and assumes, and the Borrowers shall cause each Subsidiary to understand and assume, the risks of such distribution. (c) The Approved Electronic Communications and the Approved Electronic Platform are provided "as is" and "as available". None of the Administrative Agent or any of its Affiliates or any of their respective officers, directors, employees, agents, advisors or representatives (the "Agent Affiliates") warrant the accuracy, adequacy or completeness of the Approved Electronic Communications and the Approved Electronic Platform and each expressly disclaims liability for errors or omissions in the Approved Electronic Communications and the Approved Electronic Platform. No warranty of any kind, express, implied or statutory (including, without limitation, 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 Agent Affiliates in connection with the approved electronic communications or the approved electronic platform. (d) Each of the Lenders, the Issuers, and the Borrowers agrees, and the Borrowers shall cause each Subsidiary to agree, that the Administrative Agent may, but (except as may be required by applicable law) shall not be obligated to, store the Approved Electronic Communications on the Approved Electronic Platform in accordance with the Administrative Agent's generally-applicable document retention procedures and policies.

Posting of Approved Electronic Communications. (a) Each of the Lenders, the Issuers and the Borrowers Borrower agree, and the Borrowers Borrower shall cause each Subsidiary Guarantor to agree, that the Administrative Agent may, but shall not be obligated to, make the Approved Electronic Communications available to the Lenders and the Issuers by posting such Approved Electronic Communications on IntraLinks(TM) IntraLinks™ or a substantially similar electronic platform chosen by the Administrative Agent to be its electronic transmission system (the "“Approved Electronic Platform"”). (b) Although the Approved Electronic Platform and its primary web portal are secured with generally-applicable security procedures and policies implemented or modified by the Administrative Agent from time to time (including, as of the Closing Effective Date, a dual firewall and a User ID/Password Authorization System) and the Approved Electronic Platform is secured through a single -usersingle-user-per-deal authorization method whereby each user may access the Approved Electronic Platform only on a deal-by-deal basis, each of the Lenders, the Issuers and the Borrowers Borrower acknowledges and agrees, and the Borrowers Borrower shall cause each Subsidiary Guarantor to acknowledge and agree, that the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution. In consideration for the convenience and other benefits afforded by such distribution and for the other consideration provided hereunder, the receipt and sufficiency of which is hereby acknowledged, each of the Lenders, the Issuers and the Borrowers Borrower hereby approveapproves, and the Borrowers Borrower shall cause each Subsidiary Guarantor to approve, distribution of the Approved Electronic Communications through the Approved Electronic Platform and understands and assumes, and the Borrowers Borrower shall cause each Subsidiary Guarantor to understand and assume, the risks of such distribution. (c) The Approved Electronic Communications and the Approved Electronic Platform are provided "“as is" ” and "“as available"”. None of the Administrative Agent or any of its Affiliates or any of their respective officers, directors, employees, agents, advisors or representatives (the "“Agent Affiliates"”) warrant the accuracy, adequacy or completeness of the Approved Electronic Communications and the Approved Electronic Platform and each expressly disclaims liability for errors or omissions in the Approved Electronic Communications and the Approved Electronic Platform. No warranty Warranty of any kind, express, implied or statutory (including, without limitation, any warranty of merchantability, fitness for a particular purpose, noninfringement non-infringement of third party rights or freedom from viruses or other code defects) is made by the Agent Affiliates in connection with the approved electronic communications Approved Electronic Communications or the approved electronic platformApproved Electronic Platform. (d) Each of the Lenders, the IssuersIssuers and the Borrower agree, and the Borrowers agrees, and the Borrowers Borrower shall cause each Subsidiary Guarantor to agree, that the Administrative Agent may, but (except as may be required by applicable law) shall not be obligated to, store the Approved Electronic Communications on the Approved Electronic Platform in accordance with the Administrative Agent's ’s generally-applicable document retention procedures and policies.

Posting of Approved Electronic Communications. (a) Each of the Lenders, the Issuers and Holdings and the Borrowers agree, and the Borrowers Company shall cause each Subsidiary Guarantor to agree, that the Administrative Agent may, but shall not be obligated to, make the Approved Electronic Communications available to the Lenders and the Issuers by posting such Approved Electronic Communications on IntraLinks(TM) IntraLinks™ or a substantially similar electronic platform chosen by the Administrative Agent to be its electronic transmission system (the "“Approved Electronic Platform"”). (b) Although the Approved Electronic Platform and its primary web portal are secured with generally-applicable security procedures and policies implemented or modified by the Administrative Agent from time to time (including, as of the Closing Date, a dual firewall and a User ID/Password Authorization System) and the Approved Electronic Platform is secured through a single -usersingle-user-per-deal authorization method whereby each user may access the Approved Electronic Platform only on a deal-by-deal basis, each of the Lenders, the Issuers Issuers, Holdings and the Borrowers acknowledges and agrees, and the Borrowers Company shall cause each Subsidiary Guarantor to acknowledge and agree, that the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution. In consideration for the convenience and other benefits afforded by such distribution and for the other consideration provided hereunder, the receipt and sufficiency of which is hereby acknowledged, each of the Lenders, the Issuers Issuers, each of Holdings and the Borrowers hereby approve, and the Borrowers Company shall cause each Subsidiary Guarantor to approve, distribution of the Approved Electronic Communications through the Approved Electronic Platform and understands and assumes, and the Borrowers shall cause each Subsidiary Guarantor to understand and assume, the risks of such distribution. (c) The Approved Electronic Communications and the Approved Electronic Platform are provided "as is" and "as available"THE APPROVED ELECTRONIC PLATFORM AND THE APPROVED ELECTRONIC COMMUNICATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. None of the Administrative Agent or any of its Affiliates or any of their respective officersNONE OF THE ADMINISTRATIVE AGENT OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, directorsDIRECTORS, employeesEMPLOYEES, agentsAGENTS, advisors or representatives ADVISORS OR REPRESENTATIVES (the "Agent Affiliates"THE “AGENT AFFILIATES”) warrant the accuracyWARRANT THE ACCURACY, adequacy or completeness of the Approved Electronic Communications and the Approved Electronic Platform and each expressly disclaims liability for errors or omissions in the Approved Electronic Communications and the Approved Electronic PlatformADEQUACY OR COMPLETENESS OF THE APPROVED ELECTRONIC COMMUNICATIONS OR THE APPROVED ELECTRONIC PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE APPROVED ELECTRONIC PLATFORM AND THE APPROVED ELECTRONIC COMMUNICATIONS. No warranty of any kindNO WARRANTY OF ANY KIND, expressEXPRESS, implied or statutory (includingIMPLIED OR STATUTORY, without limitationINCLUDING, any warranty of merchantabilityWITHOUT LIMITATION, fitness for a particular purposeANY WARRANTY OF MERCHANTABILITY, noninfringement of third party rights or freedom from viruses or other code defects) is made by the Agent Affiliates in connection with the approved electronic communications or the approved electronic platformFITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE AGENT AFFILIATES IN CONNECTION WITH THE APPROVED ELECTRONIC PLATFORM OR THE APPROVED ELECTRONIC COMMUNICATIONS. (d) Each of the Lenders, the Issuers, and the Borrowers agrees, and the Borrowers shall cause each Subsidiary to agree, that the Administrative Agent may, but (except as may be required by applicable law) shall not be obligated to, store the Approved Electronic Communications on the Approved Electronic Platform in accordance with the Administrative Agent's generally-applicable document retention procedures and policies.

Posting of Approved Electronic Communications. (a) Each of the Lenders, the Issuers Issuers, Holdings and the Borrowers agreeBorrower agrees, and Holdings and the Borrowers Borrower shall cause each Subsidiary Guarantor of their Subsidiaries to agree, that the Administrative each Agent may, but shall not be obligated to, make the Approved Electronic Communications available to the Lenders and the Issuers by posting such Approved Electronic Communications on IntraLinks(TM"e-Disclosure," such Agents' internet delivery system that is part of Fixed Income Direct, Global Fixed Income's primary web portal, Intralinks(TM) or a substantially similar any successor electronic platform chosen by the Administrative such Agent to be its electronic transmission internet delivery system (the "Approved Electronic Platform"). (b) Although the Approved Electronic Platform and its primary web portal are secured with generally-applicable security procedures and policies implemented or modified by the Administrative applicable Agent from time to time (including, as of the Closing Effective Date, a dual firewall and a User ID/Password Authorization System) and the Approved Electronic Platform is secured through a single -usersingle-user-per-deal authorization method whereby each user may access the Approved Electronic Platform only on a deal-by-deal basis, each of the Lenders, the Issuers Issuers, Holdings and the Borrowers Borrower acknowledges and agrees, and Holdings and the Borrowers Borrower shall cause each Subsidiary of their Subsidiaries to acknowledge and agree, that the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution. In consideration for the convenience and other benefits afforded by such distribution and for the other consideration provided hereunder, the receipt and sufficiency of which is hereby acknowledged, each of the Lenders, the Issuers Issuers, Holdings and the Borrowers Borrower hereby approveapproves, and Holdings and the Borrowers Borrower shall cause each Subsidiary of their Subsidiaries to approve, distribution of the Approved Electronic Communications through the Approved Electronic Platform and understands and assumes, and Holdings and the Borrowers Borrower shall cause each Subsidiary of their Subsidiaries to understand and assume, the risks of such distribution; provided, however, that such understanding and assumption of risk shall not relieve any Agent of liability for its own gross negligence or willful misconduct, as finally determined by a court of competent jurisdiction. (c) The Approved Electronic Communications and the Approved Electronic Platform are provided "as is" and "as available". ." None of the Administrative Agent Agents or any of its their Affiliates or any of their respective officers, directors, employees, agents, advisors or representatives (the "Agent Affiliates") warrant warrants the accuracy, adequacy or completeness of the Approved Electronic Communications and the Approved Electronic Platform and each expressly disclaims liability for errors or omissions in the Approved Electronic Communications and the Approved Electronic Platform. No warranty of any kind, express, implied or statutory (including, without limitation, any warranty of merchantability, fitness for a particular purpose, noninfringement non-infringement of third party rights or freedom from viruses or other code defects) is made by the Agent Affiliates in connection with the approved electronic Approved Electronic Communications. In no event shall the Agent Affiliates have any liability to Holdings, the Borrower or any of their respective Subsidiaries, any Lender, any Issuer or any other Person 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 or any Agent's transmission of communications through the internet, except to the extent the liability of any Agent Affiliate is found in a final non-appealable judgment by a court of competent jurisdiction to have resulted from such Agent Affiliate's gross negligence or the approved electronic platformwillful misconduct. (d) Each of the Lenders, the Issuers, Holdings and the Borrowers Borrower agrees, and Holdings and the Borrowers Borrower shall cause each Subsidiary of their Subsidiaries to agree, that the Administrative each Agent may, but (except as may be required by applicable law) shall not be obligated to, store the Approved Electronic Communications on the Approved Electronic Platform in accordance with the Administrative such Agent's generally-applicable document retention procedures and policies.

Posting of Approved Electronic Communications. (a) Each of the Lenders, the Issuers Issuers, Holdings and the Borrowers agreeagrees, and Holdings and the Borrowers shall cause each Subsidiary Guarantor of their Subsidiaries to agree, that the Administrative each Agent may, but shall not be obligated to, make the Approved Electronic Communications available to the Lenders and the Issuers by posting such Approved Electronic Communications on IntraLinks(TM) “e-Disclosure,” such Agents’ internet delivery system that is part of Fixed Income Direct, Global Fixed Income’s Credit Agreement HLI Operating Company, Inc. Hxxxx Lemmerz Finance LLC — Luxembourg S.C.A. primary web portal, Intralinks™ or a substantially similar any successor electronic platform chosen by the Administrative such Agent to be its electronic transmission internet delivery system (the "“Approved Electronic Platform"”). (b) Although the Approved Electronic Platform and its primary web portal are secured with generally-applicable security procedures and policies implemented or modified by the Administrative applicable Agent from time to time (including, as of the Closing Effective Date, a dual firewall and a User ID/Password Authorization System) and the Approved Electronic Platform is secured through a single -usersingle-user-per-deal authorization method whereby each user may access the Approved Electronic Platform only on a deal-by-deal basis, each of the Lenders, the Issuers Issuers, Holdings and the Borrowers acknowledges and agrees, and Holdings and the Borrowers shall cause each Subsidiary of their Subsidiaries to acknowledge and agree, that the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution. In consideration for the convenience and other benefits afforded by such distribution and for the other consideration provided hereunder, the receipt and sufficiency of which is hereby acknowledged, each of the Lenders, the Issuers Issuers, Holdings and the Borrowers hereby approveapproves, and Holdings and the Borrowers shall cause each Subsidiary of their Subsidiaries to approve, distribution of the Approved Electronic Communications through the Approved Electronic Platform and understands and assumes, and Holdings and the Borrowers shall cause each Subsidiary of their Subsidiaries to understand and assume, the risks of such distribution; provided, however, that such understanding and assumption of risk shall not relieve any Agent of liability for its own gross negligence or willful misconduct, as finally determined by a court of competent jurisdiction. (c) The Approved Electronic Communications Platform and the Approved Electronic Platform Communications are provided "“as is" ” and "“as available"”. None of the Administrative Agent or any of its Affiliates or any of their respective officers, directors, employees, agents, advisors or representatives (the "“Agent Affiliates"”) warrant warrants the accuracy, adequacy or completeness of the Approved Electronic Communications and or the Approved Electronic Platform and each expressly disclaims liability for errors or omissions in the Approved Electronic Communications Platform and the Approved Electronic PlatformCommunications. No warranty of any kind, express, implied or statutory (statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, noninfringement non-infringement of third party rights or freedom from viruses or other code defects) , is made by the Agent Affiliates in connection with the approved electronic communications Approved Electronic Platform or the approved electronic platformApproved Electronic Communications. (d) Each of the Lenders, the Issuers, Holdings and the Borrowers agrees, and Holdings and the Borrowers shall cause each Subsidiary of their Subsidiaries to agree, that the Administrative each Agent may, but (except as may be required by applicable law) shall not be obligated to, store the Approved Electronic Communications on the Approved Electronic Platform in accordance with the Administrative such Agent's ’s generally-applicable document retention procedures and policies.