Common use of Use of websites Clause in Contracts

Use of websites. (a) The Borrower may satisfy its obligation to deliver any public information to the Lenders by posting this information onto an electronic website designated by the Borrower and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent (i) of the address of the website together with any relevant password specifications and (ii) that such information has been posted on the website; provided, that in any event the Borrower shall supply the Administrative Agent with one copy in paper form of any information which is posted onto the website. (b) The Administrative Agent shall supply each Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative Agent. (c) The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower notifies the Administrative Agent under Section 5.3(c)(i) or Section 5.3(c)(v) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.

Appears in 18 contracts

Samples: Revolving Credit Agreement (Bunge Global SA), Revolving Credit Agreement (Bunge Global SA), Revolving Credit Agreement (Bungeltd)

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Use of websites. (a) The Borrower Guarantor may satisfy its obligation to deliver any public information to the Lenders by posting this information onto an electronic website designated by the Borrower Guarantor and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent (i) of the address of the website together with any relevant password specifications and (ii) that such information has been posted on the website; provided, that in any event the Borrower Guarantor shall supply the Administrative Agent with one copy in paper form of any information which is posted onto the website. (b) The Administrative Agent shall supply each Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Guarantor and the Administrative Agent. (c) The Borrower Guarantor shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement Guaranty is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement Guaranty and posted onto the Designated Website is amended; or (v) the Borrower Guarantor becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Guarantor notifies the Administrative Agent under Section 5.3(c)(i8.3(c)(i) or Section 5.3(c)(v8.3(c)(v) above, all information to be provided by the Borrower Guarantor under this Agreement Guaranty after the date of that notice shall be supplied in paper form unless and until the Administrative Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.

Appears in 18 contracts

Samples: Guaranty (Bunge Global SA), Guaranty (Bunge Global SA), Guaranty (Bungeltd)

Use of websites. (a) The Borrower may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Borrower and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Borrower and the Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Borrower accordingly and the Borrower shall supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative Agent. (c) The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower notifies the Administrative Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower shall comply with any such request within ten Business Days.

Appears in 11 contracts

Samples: Syndicated Multicurrency Term Loan Facility Agreement (Sap Aktiengesellschaft Systems Applications Products in Data), Credit Facility Agreement (Saturn Expansion Corp), Facility Agreement (Ocean Rig UDW Inc.)

Use of websites. (a) The Borrower Company may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower Company and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Company and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Company and the Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Company accordingly and the Company shall supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Company shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Company and the Administrative Agent. (c) The Borrower Company shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Company becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Company notifies the Administrative Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Company under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Company shall comply with any such request within ten Business Days.

Appears in 10 contracts

Samples: Facility Agreement (Aon Corp), £110,000,000 Standby Letter of Credit Facility Agreement (Montpelier Re Holdings LTD), Facility Agreement (Golden Telecom Inc)

Use of websites. (a) The Borrower Guarantor may satisfy its obligation to deliver any public information to the Lenders by posting this information onto an electronic website designated by the Borrower Guarantor and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent (i) of the address of the website together with any relevant password specifications and (ii) that such information has been posted on the website; provided, that in any event the Borrower Guarantor shall supply the Administrative Agent with one copy in paper form of any information which is posted onto the website. (b) The Administrative Agent shall supply each Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Guarantor and the Administrative Agent. (c) The Borrower Guarantor shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement Guaranty is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement Guaranty and posted onto the Designated Website is amended; or (v) the Borrower Guarantor becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Guarantor notifies the Administrative Agent under Section 5.3(c)(i8.3(c)(i) or Section 5.3(c)(v8.3(c)(v) above, all information to be provided by the Borrower Guarantor under this Agreement Guaranty after the date of that notice shall be supplied in paper form unless and until the Administrative Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.

Appears in 7 contracts

Samples: Guaranty (Bunge Global SA), Guaranty (Bungeltd), Guaranty (Bunge LTD)

Use of websites. (a) The Borrower Except as provided below, the Company may satisfy its obligation to deliver any public information under this Agreement to the Lenders a Lender by posting this information onto it on to an electronic website designated by the Borrower and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Facility Agent and the Lender agree; (ii) the Company and the Facility Agent designate an electronic website for this purpose; (iii) the Company notifies the Facility Agent of the address of the website together with any relevant and password specifications and (ii) that such information has been posted on for the website; provided, that and (iv) the information posted is in any event a format agreed between the Borrower shall Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the Administrative Agent with one copy in paper form address of any information which is posted onto and password for the website. (b) The Administrative Notwithstanding the above, the Company must supply to the Facility Agent shall supply each in paper form a copy of any information posted on the website together with sufficient copies for: (i) any Lender with not agreeing to receive information via the address website; and (ii) within 10 Business Days of and request any relevant password specifications for the Designated Website following designation of other Lender, if that website by the Borrower and the Administrative AgentLender so requests. (c) The Borrower shall Company must, promptly upon becoming aware of its occurrence occurrence, notify the Administrative Facility Agent if: (i) the Designated Website website cannot be accessed due to technical failureaccessed; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower becomes aware that the Designated Website website or any information posted onto on the Designated Website website is or has been infected by any electronic virus or similar software; (iii) the password for the website is changed; or (iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the Borrower notifies the Administrative Agent under Section 5.3(c)(icircumstances in sub-paragraphs (i) or Section 5.3(c)(v(ii) aboveabove occur, all the Company must supply any information to be provided by the Borrower required under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.

Appears in 6 contracts

Samples: Facility Agreement (TTM Technologies Inc), Credit Agreement (TTM Technologies Inc), Credit Facility Agreement (PPG Industries Inc)

Use of websites. (a) The Borrower An Obligor may satisfy its obligation under any Finance Document to which it is a party to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower Parent and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Parent and the Agent are aware of the address of the website together with of, and any relevant password specifications for, the Designated Website; and (iii) the information is in a format previously agreed between the Parent and the Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that in any event Agent shall notify the Borrower Parent accordingly and the Parent shall supply the Administrative information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event, the Parent shall supply the Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of of, and any relevant password specifications for for, the Designated Website following designation of that website by the Borrower Parent and the Administrative Agent. (c) The Borrower Parent shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Parent becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Parent notifies the Administrative Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Parent under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Parent shall comply with any such request within 10 Business Days.

Appears in 5 contracts

Samples: Senior Facilities Agreement (Buhrmann Nv), Senior Facilities Agreement (Corporate Express N.V.), Senior Facilities Agreement (Buhrmann Nv)

Use of websites. (a) The Borrower Each Obligor may satisfy its obligation under this Agreement to deliver any public information in relation to the Lenders by posting this information onto an electronic website designated by the Borrower Obligors and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) both the Obligors and the Agent are aware of the address of the website together with and any relevant password specifications and for the Designated Website; and (ii) that such the information has been posted on is in a format previously agreed between the website; provided, that in any event Obligors and the Borrower shall supply the Administrative Agent with one copy in paper form of any information which is posted onto the websiteAgent. (b) The Administrative Agent shall supply each Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Obligors and the Administrative Agent. (c) The Borrower an Obligor shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower it becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower and Obligor notifies the Administrative Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Obligors under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Obligors shall comply with any such request within ten (10) Business Days.

Appears in 5 contracts

Samples: Term and Revolving Facilities Agreement (KNOT Offshore Partners LP), Term Facility Agreement, Term Facility Agreement (KNOT Offshore Partners LP)

Use of websites. (a) The Borrower Parent may satisfy its obligation under the Finance Documents to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower Parent and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Parent and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Parent and the Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Parent accordingly and the Parent shall supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Parent shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Parent and the Administrative Agent. (c) The Borrower Parent shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement the Finance Documents is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement the Finance Documents and posted onto the Designated Website is amended; or (v) the Borrower Parent becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Parent notifies the Administrative Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Parent under this Agreement the Finance Documents after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. Any Website Lender may request, through the Agent, one (1) paper copy of any information required to be provided under the Finance Documents which is posted onto the Designated Website. The Parent shall comply with any such request within ten (10) Business Days.

Appears in 5 contracts

Samples: Credit Facilities Agreement (Gold Fields LTD), Credit Facility Agreement (Gold Fields LTD), Credit Facility Agreement (Sibanye Gold LTD)

Use of websites. (a) The Borrower Each Obligor may satisfy its obligation under the Finance Documents to which it is a party to deliver any public information in relation to those Lenders (the Lenders "Website Lenders") which accept this method of communication by posting this information onto an electronic website designated by the Borrower Borrowers and the Administrative Facility Agent (the "Designated Website") by notifying the Administrative Agent if: (i) the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the relevant Obligor and the Facility Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the relevant Obligor and the Facility Agent. If any Lender (iia "Paper Form Lender") that such does not agree to the delivery of information has been posted on electronically then the website; provided, that in any event Facility Agent shall notify the Borrower Obligors accordingly and each Obligor shall supply the Administrative information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event each Obligor shall supply the Facility Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Obligors or any of them and the Administrative Facility Agent. (c) The Borrower An Obligor shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower if that Obligor becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower an Obligor notifies the Administrative Facility Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Obligors under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Facility Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Obligors shall comply with any such request within 10 Business Days.

Appears in 5 contracts

Samples: Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp)

Use of websites. (a) The Borrower may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders "Website Lenders") which accept this method of communication by posting this information onto an electronic website designated by the Borrower and the Administrative Agent (the "Designated Website") by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method, in which case it shall notify the Borrower in writing promptly after such consultation; (ii) both the Borrower and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Borrower and the Agent. If any Lender (iia "Paper Form Lender") that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Borrower according and the Borrower shall supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative Agent. (c) The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower notifies the Administrative Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower shall comply with any such request within 10 Business Days.

Appears in 4 contracts

Samples: Subordinated Facility Agreement (Diana Containerships Inc.), Facility Agreement (Diana Containerships Inc.), Subordinated Facility Agreement (Diana Shipping Inc.)

Use of websites. (a) The Borrower Each Obligor may satisfy its obligation under the Finance Documents to which it is a party to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) which accept this method of communication by posting this information onto an electronic website designated by the Borrower Borrowers and the Administrative Facility Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the relevant Obligor and the Facility Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the relevant Obligor and the Facility Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that in any event Facility Agent shall notify the Borrower Obligors accordingly and each Obligor shall supply the Administrative information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event each Obligor shall supply the Facility Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Obligors or any of them and the Administrative Facility Agent. (c) The A Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower if that Obligor becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the a Borrower notifies the Administrative Facility Agent under Section 5.3(c)(isub-paragraph (i) or Section 5.3(c)(v(v) of paragraph (c) above, all information to be provided by the Borrower Obligors under this Agreement and the other Finance Documents after the date of that notice shall be supplied in paper form unless and until the Administrative Facility Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrowers shall comply with any such request within 10 Business Days.

Appears in 4 contracts

Samples: Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.)

Use of websites. (a) The Borrower Company may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders ( the Lenders "Website Lenders") who accept this method of communication by posting this information onto an electronic website designated by the Borrower Company and the Administrative Agent (the "Designated Website") by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Company and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Company and the Agent. If any Lender (iia "Paper Form Lender") that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Company accordingly and the Company shall supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Company shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Company and the Administrative Agent. (c) The Borrower Company shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Company becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Company notifies the Administrative Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Company under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Company shall comply with any such request within ten Business Days.

Appears in 4 contracts

Samples: Senior Facilities Agreement (Alliance Data Systems Corp), Facilities Agreement (Syngenta Ag), Secured Facilities Agreement (Solutia Inc)

Use of websites. (a) The Borrower Company may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower Company and the Administrative Facility Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Company and the Facility Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Company and the Facility Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Facility Agent shall notify the Company accordingly and the Company shall supply the information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Company shall supply the Administrative Facility Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Company and the Administrative Facility Agent. (c) The Borrower Company shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Company becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Company notifies the Administrative Facility Agent under Section 5.3(c)(isub-paragraph (c)(i) or Section 5.3(c)(v(c)(v) above, all information to be provided by the Borrower Company under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Facility Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Company shall comply with any such request within 10 Business Days.

Appears in 4 contracts

Samples: Squeeze Out Facility Agreement (Coca-Cola HBC AG), Bond Bridge Facility Agreement (Coca-Cola HBC AG), Squeeze Out Facility Agreement (Coca-Cola HBC AG)

Use of websites. (a) The Borrower may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders Website Lenders) who accept this method of communication by posting this information onto an electronic website designated by the Borrower and the Administrative COFACE Agent (the Designated Website) by notifying the Administrative Agent if: (i) the COFACE Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Borrower and the COFACE Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Borrower and the COFACE Agent. If any Lender (iia Paper Form Lender) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that COFACE Agent shall notify the Borrower accordingly and the Borrower shall at its own cost supply the information to the COFACE Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower shall at its own cost supply the Administrative COFACE Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative COFACE Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative COFACE Agent. (c) The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative COFACE Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower notifies the Administrative COFACE Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative COFACE Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the COFACE Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower shall at its own cost comply with any such request within ten Business Days.

Appears in 4 contracts

Samples: Supplemental Agreement (Iridium Communications Inc.), Supplemental Agreement (Iridium Communications Inc.), Loan Agreement (Iridium Communications Inc.)

Use of websites. (a) The Borrower Guarantor may satisfy its obligation to deliver any public information to the Lenders by posting this information onto an electronic website designated by the Borrower Guarantor and the Administrative Agent (the "Designated Website") by notifying the Administrative Agent (i) of the address of the website together with any relevant password specifications and (ii) that such information has been posted on the website; provided, that in any event the Borrower Guarantor shall supply the Administrative Agent with one copy in paper form of any information which is posted onto the website. (b) The Administrative Agent shall supply each Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Guarantor and the Administrative Agent. (c) The Borrower Guarantor shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement Guaranty is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement Guaranty and posted onto the Designated Website is amended; or (v) the Borrower Guarantor becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Guarantor notifies the Administrative Agent under Section 5.3(c)(i8.3(c)(i) or Section 5.3(c)(v8.3(c)(v) above, all information to be provided by the Borrower Guarantor under this Agreement Guaranty after the date of that notice shall be supplied in paper form unless and until the Administrative Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.

Appears in 4 contracts

Samples: Guaranty (Bungeltd), Guaranty (Bungeltd), Guaranty (Bunge LTD)

Use of websites. (a) The Borrower may satisfy its obligation to deliver any public information to the Lenders by posting this information onto an electronic website designated by the Borrower and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent (i) of the address of the website together with any relevant password specifications and (ii) that such information has been posted on the website; provided, that in any event the Borrower shall supply the Administrative Agent with one copy in paper form of any information which is posted onto the website. (b) The Administrative Agent shall supply each Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative Agent. (c) The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower notifies the Administrative Agent under Section 5.3(c)(i) or Section 5.3(c)(v) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.

Appears in 4 contracts

Samples: Credit Agreement (Bungeltd), Credit Agreement (Bungeltd), Credit Agreement (Bungeltd)

Use of websites. (a) The Borrower Company may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower Company and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Company and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Company and the Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Company accordingly and the Company shall supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Company shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Company and the Administrative Agent. (c) The Borrower Company shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Company becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Company notifies the Administrative Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Company under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Company shall comply with any such request within 10 Business Days.

Appears in 4 contracts

Samples: Facility Agreement (Marine Harvest ASA), Facility Agreement (Marine Harvest ASA), Facility Agreement (Marine Harvest ASA)

Use of websites. (a) The Borrower Company may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower Company and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Company and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Company and the Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Company accordingly and the Company shall at its own cost supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Company shall at its own cost supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Company and the Administrative Agent. (c) The Borrower Company shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Company becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Company notifies the Administrative Agent under Section 5.3(c)(isub-paragraph (c)(i) or Section 5.3(c)(vsub-paragraph (c)(v) above, all information to be provided by the Borrower Company under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Company shall at its own cost comply with any such request within ten (10) Business Days.

Appears in 4 contracts

Samples: Revolving Facility Agreement (Nord Anglia Education, Inc.), Senior Revolving Facility Agreement (Nord Anglia Education, Inc.), Revolving Facility Agreement (Nord Anglia Education, Inc.)

Use of websites. (a) The Borrower Guarantor may satisfy its obligation to deliver any public information to the Lenders by posting this information onto an electronic website designated by the Borrower Guarantor and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent (i) of the address of the website together with any relevant password specifications and (ii) that such information has been posted on the website; provided, that in any event the Borrower Guarantor shall supply the Administrative Agent with one copy in paper form of any information which is posted onto the website. (b) The Administrative Agent shall supply each Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Guarantor and the Administrative Agent. (c) The Borrower Guarantor shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement Guaranty is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement Guaranty and posted onto the Designated Website is amended; or (v) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Guarantor notifies the Administrative Agent under Section 5.3(c)(i8.3(c)(i) or Section 5.3(c)(v8.3(c)(v) above, all information to be provided by the Borrower Guarantor under this Agreement Guaranty after the date of that notice shall be supplied in paper form unless and until the Administrative Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.

Appears in 4 contracts

Samples: Guaranty (Bungeltd), Guaranty (Bungeltd), Guaranty (Bungeltd)

Use of websites. (a) The Borrower Company may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders Website Lenders) who accept this method of communication by posting this information onto an electronic website designated by the Borrower Company and the Administrative Agent (the Designated Website) by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Company and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Company and the Agent. If any Lender (iia Paper Form Lender) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Company accordingly and the Company shall supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Company shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Company and the Administrative Agent. (c) The Borrower Company shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Company becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Company notifies the Administrative Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Company under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Company shall comply with any such request within ten Business Days.

Appears in 4 contracts

Samples: Term Loan Facilities Agreement, Term Loan Facilities Agreement (Linde AG), Facility Agreement (Best Buy Co Inc)

Use of websites. (a) The Borrower Obligors’ Agent may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower Obligors’ Agent and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Obligors’ Agent and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Obligors’ Agent and the Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Obligors’ Agent accordingly and the Obligors’ Agent shall at its own cost supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Obligors’ Agent shall at its own cost supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Obligors’ Agent and the Administrative Agent. (c) The Borrower Obligors’ Agent shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Obligors’ Agent becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Obligors’ Agent notifies the Administrative Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Obligors’ Agent under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Obligors’ Agent shall at its own cost comply with any such request within ten Business Days.

Appears in 4 contracts

Samples: Facility Agreement (InterXion Holding N.V.), Facility Agreement (InterXion Holding N.V.), Facility Agreement (InterXion Holding N.V.)

Use of websites. (a) The Each Borrower may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower Borrowers and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Borrowers and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Borrowers and the Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically, then the website; providedAgent shall notify the Borrowers accordingly, that in any event the and each Borrower shall at its own cost supply the Administrative information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event, each Borrower shall at its own cost supply the Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Borrowers and the Administrative Agent. (c) The Borrower Borrowers shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower becomes Borrowers become aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the a Borrower notifies the Administrative Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the a Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. Each Borrower shall at its own cost comply with any such request within ten (10) Business Days.

Appears in 4 contracts

Samples: Loan Agreement (International Game Technology PLC), Loan Agreement (International Game Technology PLC), Loan Agreement (International Game Technology PLC)

Use of websites. (a) 32.6.1 The Borrower may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders ( the Lenders "Website Lenders") who accept this method of communication by posting this information onto an electronic website designated by the Borrower and the Administrative Agent (the "Designated Website") if: (a) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by notifying this method; (b) both the Administrative Borrower and the Agent (i) are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (c) the information is in a format previously agreed between the Borrower and the Agent. If any Lender (iia "Paper Form Lender") that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Borrower accordingly and the Borrower shall supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) 32.6.2 The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative Agent. (c) 32.6.3 The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (ia) the Designated Website cannot be accessed due to technical failure; (iib) the password specifications for the Designated Website change; (iiic) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (ivd) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (ve) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower notifies the Administrative Agent under Section 5.3(c)(iClause 32.6.3(a) or Section 5.3(c)(vClause 32.6.3(e) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. 32.6.4 Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower shall comply with any such request within ten Business Days.

Appears in 4 contracts

Samples: Facility Agreement, Facility Agreement, Facility Agreement (Hoegh LNG Partners LP)

Use of websites. (a) The Borrower Each Obligor may satisfy its obligation under the Finance Documents to which it is a party to deliver any public information in relation to those Lenders (the Lenders "Website Lenders") which accept this method of communication by posting this information onto an Debt Domain or any other electronic website designated by the Borrower and the Administrative Agent and at the Borrower's expense (the "Designated Website") by notifying the Administrative Agent if: (i) the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the relevant Obligor and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the relevant Obligor and (ii) that such information has been posted on the website; provided, that in any event the Borrower shall supply the Administrative Agent with one copy in paper form of any information which is posted onto the websiteAgent. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Obligors or any of them and the Administrative Agent. (c) The Borrower An Obligor shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower that Obligor becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower an Obligor notifies the Administrative Agent under Section 5.3(c)(isub-paragraph (i) or Section 5.3(c)(v(v) of paragraph (c) above, all information to be provided by the Borrower Obligors under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing.

Appears in 3 contracts

Samples: Loan Agreement (Norwegian Cruise Line Holdings Ltd.), Loan Agreement (Norwegian Cruise Line Holdings Ltd.), Loan Agreement (Norwegian Cruise Line Holdings Ltd.)

Use of websites. (a) The Borrower Company may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders ( the Lenders "Website Lenders") who accept this method of communication by posting this information onto an electronic website designated by the Borrower Company and the Administrative Facility Agent (the "Designated Website") by notifying the Administrative Agent if: (i) the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Company and the Facility Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Company and the Facility Agent. If any Lender (iia "Paper Form Lender") that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Facility Agent shall notify the Company accordingly and the Company shall supply the information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Company shall supply the Administrative Facility Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Company and the Administrative Facility Agent. (c) The Borrower Company shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Company becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Company notifies the Administrative Facility Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Company under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Facility Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Company shall comply with any such request within ten Business Days.

Appears in 3 contracts

Samples: Multipurpose Facilities Agreement (SunOpta Inc.), Multipurpose Facilities Agreement (SunOpta Inc.), Facility Agreement (Sigma Aldrich Corp)

Use of websites. (a) 31.6.1 The Borrower may satisfy its obligation under this Agreement to deliver any public information in relation to the those Lenders (Website Lenders) who accept this method of communication by posting this information onto an electronic website designated by the Borrower and the Administrative Agent (the “Designated Website) if: (a) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by notifying this method; (b) both the Administrative Borrower and the Agent (i) are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (c) the information is in a printable format or otherwise capable of being downloaded by the relevant Website Lender and is in a format previously agreed between the Borrower and the Agent. If any Lender (iiPaper Form Lender) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Borrower accordingly and the Borrower shall at its own cost supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower shall at its own cost supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) 31.6.2 The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative Agent. (c) 31.6.3 The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (ia) the Designated Website cannot be accessed due to technical failure; (iib) the password specifications for the Designated Website change; (iiic) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (ivd) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (ve) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower notifies the Administrative Agent under Section 5.3(c)(iparagraphs (a) or Section 5.3(c)(vto (e) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. 31.6.4 Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower shall at its own cost comply with any such request within ten Business Days.

Appears in 3 contracts

Samples: Term Facility Agreement (Enstar Group LTD), Term Facility Agreement (Enstar Group LTD), Term Facility Agreement (Enstar Group LTD)

Use of websites. (a) The Borrower Each Obligor may satisfy its obligation under the Finance Documents to which it is a party to deliver any public information in relation to those Lenders (the Lenders "Website Lenders") which accept this method of communication by posting this information onto an electronic website designated by the Borrower Borrowers and the Administrative Facility Agent (the "Designated Website") by notifying the Administrative Agent if: (i) the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the relevant Obligor and the Facility Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the relevant Obligor and the Facility Agent. If any Lender (iia "Paper Form Lender") that such does not agree to the delivery of information has been posted on electronically then the website; provided, that in any event Facility Agent shall notify the Borrower Obligors accordingly and each Obligor shall supply the Administrative information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event each Obligor shall supply the Facility Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Obligors or any of them and the Administrative Facility Agent. (c) The Borrower An Obligor shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower if that Obligor becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower an Obligor notifies the Administrative Facility Agent under Section 5.3(c)(isub-paragraph (i) or Section 5.3(c)(v(v) of paragraph (c) above, all information to be provided by the Borrower Obligors under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Facility Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Obligors shall comply with any such request within 10 Business Days.

Appears in 3 contracts

Samples: Facility Agreement (Global Ship Lease, Inc.), Facility Agreement (Okeanis Eco Tankers Corp.), Facility Agreement (Okeanis Eco Tankers Corp.)

Use of websites. (a) The Borrower Parent may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower Parent and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Parent and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Parent and the Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Parent accordingly and the Parent shall supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Parent shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Parent and the Administrative Agent. (c) The Borrower Parent shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Parent becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Parent notifies the Administrative Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Parent under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Parent shall comply with any such request within ten Business Days.

Appears in 3 contracts

Samples: Facility Agreement (Gold Fields LTD), Facility Agreement (Gold Fields LTD), Facility Agreement (Gold Fields LTD)

Use of websites. (a) The Borrower Parent may satisfy its obligation under this Agreement to deliver any public information in relation to the those Lenders who accept this method of communication by posting this information onto an electronic website designated by the Borrower Parent and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Parent and the Agent are aware of the address of the website together with and any relevant password specifications specification for the Designated Website; and (iii) the information is in a format previously agreed between the Parent and the Agent. If any Lender does not agree to the delivery of information electronically then the Agent shall notify the Parent accordingly and the Parent shall supply the information to the Agent (iiin sufficient copies for each relevant Lender) that such information has been posted on the website; provided, that in paper form. In any event the Borrower Parent shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each relevant Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Parent and the Administrative Agent. (c) The Borrower Parent shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the relevant password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Parent becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Parent notifies the Administrative Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Parent under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent is and the relevant Lenders are satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Parent shall comply with any such request within ten Business Days.

Appears in 3 contracts

Samples: Facilities Agreement (Octel Corp), Facilities Agreement (Innospec Inc.), Amendment and Restatement Agreement (Octel Corp)

Use of websites. (a) The Borrower Obligors’ Agent may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this the information onto an electronic website designated by the Borrower Obligors’ Agent and the Administrative Facility Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Obligors’ Agent and the Facility Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Obligors’ Agent and the Facility Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; providedFacility Agent shall notify the Obligors’ Agent accordingly and the Obligors’ Agent shall supply, that and shall procure other Obligors supply, the information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Obligors’ Agent shall supply supply, and shall procure other Obligors supply, the Administrative Facility Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Obligors’ Agent and the Administrative Facility Agent. (c) The Borrower Obligors’ Agent shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Obligors’ Agent becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Obligors’ Agent notifies the Administrative Facility Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Obligors’ Agent under this Agreement after the date of that notice shall be supplied in paper form unless and until form. (d) Any Website Lender may request, through the Administrative Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Obligors’ Agent is satisfied that the circumstances giving rise to the notification are no longer continuingshall comply with any such request within ten (10) Business Days.

Appears in 3 contracts

Samples: Facility Agreement (GDS Holdings LTD), Facility Agreement (GDS Holdings LTD), Facility Agreement (GDS Holdings LTD)

Use of websites. (a) The Borrower Parent may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower Parent and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Parent and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Parent and the Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Parent accordingly and the Parent shall at its own cost supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Parent shall at its own cost supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Parent and the Administrative Agent. (c) The Borrower Parent shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Parent becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Parent notifies the Administrative Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Parent under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Parent shall at its own cost comply with any such request within ten Business Days.

Appears in 3 contracts

Samples: Super Senior Revolving Facility Agreement (Orion Engineered Carbons S.a r.l.), Revolving Facility Agreement (South Texas Supply Company, Inc.), Revolving Facility Agreement (South Texas Supply Company, Inc.)

Use of websites. (a) The Borrower or any member of the Group may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders ( the Lenders "Website Lenders") who accept this method of communication by posting this information onto an electronic website designated by the Borrower and the Administrative Agent (the "Designated Website") by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Borrower and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Borrower and the Agent. If any Lender (iia "Paper Form Lender") that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Borrower accordingly and the Borrower shall supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative Agent. (c) The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower notifies the Administrative Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower shall comply with any such request within ten Business Days.

Appears in 3 contracts

Samples: Amendment Agreement (Citigroup Inc), Secured Facilities Agreement (Citigroup Inc), Secured Facilities Agreement (Citigroup Inc)

Use of websites. (a) The Borrower Guarantor may satisfy its obligation to deliver any public information to the Lenders Trustee, the Administrative Agent, the Collateral Agent and the Letter of Credit Agent by posting this information onto an electronic website designated by the Borrower Guarantor, the Administrative Agent and the Administrative Letter of Credit Agent (the “Designated Website”) by notifying the Trustee, the Administrative Agent, the Collateral Agent and the Letter of Credit Agent (i) of the address of the website together with any relevant password specifications and (ii) that such information has been posted on the website; provided, that in any event the Borrower Guarantor shall supply the Trustee, the Administrative Agent, the Collateral Agent and the Letter of Credit Agent with one copy in paper form of any information which is posted onto the website. (b) The Administrative Agent and the Letter of Credit Agent shall supply each Lender Letter of Credit Bank and each Liquidity Bank with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Guarantor and the Administrative Agent and the Letter of Credit Agent. (c) The Borrower Guarantor shall promptly upon becoming aware of its occurrence notify the Trustee, the Administrative Agent, the Collateral Agent and the Letter of Credit Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement Guaranty is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement Guaranty and posted onto the Designated Website is amended; or (v) the Borrower Guarantor becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Guarantor notifies the Trustee, the Administrative Agent, the Collateral Agent and the Letter of Credit Agent under Section 5.3(c)(i8.3(c)(i) or Section 5.3(c)(v8.3(c)(v) above, all information to be provided by the Borrower Guarantor under this Agreement Guaranty after the date of that notice shall be supplied in paper form unless and until the Trustee, the Administrative Agent, the Collateral Agent is and the Letter of Credit Agent are satisfied that the circumstances giving rise to the notification are no longer continuing.

Appears in 3 contracts

Samples: Guaranty (Bungeltd), Guaranty (Bunge LTD), Guaranty (Bunge LTD)

Use of websites. (a) The Borrower may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders ( the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower and the Administrative COFACE Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the COFACE Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Borrower and the COFACE Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Borrower and the COFACE Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that COFACE Agent shall notify the Borrower accordingly and the Borrower shall supply the information to the COFACE Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower shall supply the Administrative COFACE Agent with at least one (1) copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative COFACE Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative COFACE Agent. (c) The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative COFACE Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower notifies the Administrative COFACE Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative COFACE Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the COFACE Agent, one (1) paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower shall comply with any such request within ten (10) Business Days.

Appears in 3 contracts

Samples: Coface Facility Agreement (Globalstar, Inc.), Coface Facility Agreement (Globalstar, Inc.), Facility Agreement (Globalstar, Inc.)

Use of websites. (a) The Borrower may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders "Website Lenders") who accept this method of communication by posting this the information onto an electronic website designated by the Borrower and the Administrative Agent (the "Designated Website") by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Borrower and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Borrower and the Agent. If any Lender (iia "Paper Form Lender") that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Borrower accordingly and the Borrower shall supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative Agent. (c) The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower notifies the Administrative Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower shall comply with any such request within ten Business Days.

Appears in 3 contracts

Samples: Loan Agreement (PCGI Intermediate Holdings LTD), Facility Agreement (PCGI Intermediate Holdings LTD), Facility Agreement (PCGI Intermediate Holdings LTD)

Use of websites. (a) The Borrower Company may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders Website Lenders) who accept this method of communication by posting this information onto an electronic website designated by the Borrower Company and the Administrative Facility Agent (the Designated Website) by notifying the Administrative Agent if: (i) the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Company and the Facility Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Company and the Facility Agent. If any Lender (iia Paper Form Lender) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Facility Agent shall notify the Company accordingly and the Company shall at its own cost supply the information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Company shall at its own cost supply the Administrative Facility Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Company and the Administrative Facility Agent. (c) The Borrower Company shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Company becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Company notifies the Administrative Facility Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Company under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Facility Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Company shall at its own cost comply with any such request within ten (10) Business Days.

Appears in 3 contracts

Samples: Amendment and Restatement Agreement (Aegean Marine Petroleum Network Inc.), Loan Agreement (Aegean Marine Petroleum Network Inc.), Amendment and Restatement Agreement (Aegean Marine Petroleum Network Inc.)

Use of websites. (a) The Borrower Each Obligor may satisfy its obligation under the Finance Documents to which it is a party to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) which accept this method of communication by posting this information onto an electronic website designated by the Borrower Borrowers and the Administrative Facility Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the relevant Obligor and the Facility Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the relevant Obligor and the Facility Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that in any event Facility Agent shall notify the Borrower Obligors accordingly and each Obligor shall supply the Administrative information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event each Obligor shall supply the Facility Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Obligors or any of them and the Administrative Facility Agent. (c) The Borrower An Obligor shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower if that Obligor becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower an Obligor notifies the Administrative Facility Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Obligors under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Facility Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Obligors shall comply with any such request within 10 Business Days.

Appears in 3 contracts

Samples: Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Dorian LPG Ltd.), Term Loan Facility (Dorian LPG Ltd.)

Use of websites. (a) The Borrower Parent may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower Parent and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Parent and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Parent and the Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Parent accordingly and the Parent shall supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Parent shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Parent and the Administrative Agent. (c) The Borrower Parent shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Parent becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Parent notifies the Administrative Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Parent under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. Any Website Lender may request, through the Agent, 1 (one) paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Parent shall comply with any such request within ten (10) Business Days.

Appears in 3 contracts

Samples: Credit Facility Agreement, Credit Facility Agreement (Gold Fields LTD), Facility Agreement (Gold Fields LTD)

Use of websites. (a) The Borrower may satisfy its obligation under this Agreement to deliver any public information (other than the financial statements required to be delivered under Clause 18.1 (Financial Statements)) in relation to those Lenders who accept this method of communication (the Lenders “Website Lenders”) by posting this information onto an electronic website designated by the Borrower and the Administrative Facility Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Borrower and the Facility Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Borrower and the Facility Agent. (iib) that If any Lender does not agree to the delivery of information electronically then the Facility Agent shall notify the Borrower accordingly and the Borrower shall supply the information to the Facility Agent (in sufficient copies for each of any such information has been posted on the website; provided, that Lender) in paper form. In any event the Borrower shall supply the Administrative Facility Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (bc) The Administrative Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative Facility Agent. (cd) The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. . (e) If the Borrower notifies the Administrative Facility Agent under Section 5.3(c)(iparagraph (d)(i) or Section 5.3(c)(vparagraph (d)(v) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form form, unless and until the Administrative Facility Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (f) Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower shall comply with any such request within ten (10) Business Days.

Appears in 3 contracts

Samples: Term Loan Facility Agreement (Advanced Micro Devices Inc), Term Loan Facility Agreement (Advanced Micro Devices Inc), Term Loan Facility Agreement (Advanced Micro Devices Inc)

Use of websites. (a) The Borrower An Obligor may satisfy its any obligation under this Agreement to deliver any public information in relation to any Secured Party (the Lenders “Website Party”) that accepts such method of communication by posting this information onto an electronic website designated by the Borrower that Obligor and the Administrative Intercreditor Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Intercreditor Agent expressly agrees (after consultation with each of the Secured Parties that it represents) that it will accept communication of the information by this method; (ii) both that Obligor and the Intercreditor Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between that Obligor and the Intercreditor Agent. (iib) that such If any Secured Party (a “Paper Form Party”) does not agree to the delivery of information has been posted on electronically then the website; provided, that in any event Intercreditor Agent shall notify the Borrower relevant Obligor accordingly and the relevant Obligor shall supply the Administrative information to the Intercreditor Agent (in sufficient copies for each Paper Form Party) in paper form. In any event each Obligor shall supply the Intercreditor Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (bc) The Administrative Intercreditor Agent shall supply each Lender Website Party with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower an Obligor and the Administrative Intercreditor Agent. (cd) The Borrower shall promptly Promptly upon becoming aware of its occurrence an Obligor shall notify the Administrative Intercreditor Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which that is required to be provided under this Agreement any Finance Document is posted onto the Designated Website; (iv) any existing information which that has been provided under this Agreement any Finance Document and posted onto the Designated Website is amended; or (v) the Borrower such Obligor becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. . (e) If the Borrower an Obligor notifies the Administrative Intercreditor Agent under Section 5.3(c)(iClause 37.2(d)(i) or Section 5.3(c)(v) aboveClause 37.2(d)(v), all information to be provided by the Borrower that Obligor under this Agreement any Finance Document after the date of that notice shall be supplied in paper form unless and until the Administrative Intercreditor Agent and each Website Party is satisfied that the circumstances giving rise to the notification are no longer continuing. (f) Any Website Party may request, through the Intercreditor Agent, one paper copy of any information required to be provided under any Finance Document that is posted onto the Designated Website and, provided that the Intercreditor Agent has received such information in accordance with Clause 37.2(b), the Intercreditor Agent shall provide such Website Party with such information within ten Business Days of such request.

Appears in 3 contracts

Samples: Project Facilities Agreement and Intercreditor Agreement (Pacific Drilling S.A.), Project Facilities Agreement and Intercreditor Agreement (Pacific Drilling S.A.), Amendment and Restatement Agreement (Pacific Drilling S.A.)

Use of websites. (a) The Borrower An Obligor may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower Borrowers and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) the Borrowers and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Parent and the Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Borrowers accordingly and the each Borrower shall at its own cost supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Borrowers shall at their own cost supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Borrowers and the Administrative Agent. (c) The Each Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower any of the Borrowers becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. . (d) If any of the Borrower Borrowers notifies the Administrative Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Obligors under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (e) Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. Each Borrower shall at its own cost comply with any such request within ten Business Days.

Appears in 2 contracts

Samples: Unsecured Uncommitted Revolving Facilities Agreement (Molson Coors Brewing Co), Revolving Facilities Agreement (Molson Coors Brewing Co)

Use of websites. (a) The Borrower Company may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower Company and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Company and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Company and the Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Company accordingly and the Company shall at its own cost supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Company shall at its own cost supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Company and the Administrative Agent. (c) The Borrower Company shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Company becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Company notifies the Administrative Agent under Section 5.3(c)(isub-paragraph (c)(i) or Section 5.3(c)(vsub-paragraph (c)(v) above, all information to be provided by the Borrower Company under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Nord Anglia Education, Inc.), Amendment and Restatement Agreement (Nord Anglia Education, Inc.)

Use of websites. (a) The Borrower may satisfy its obligation obligations under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower and the Administrative Facility Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Facility Agent expressly agrees (after consultation with each of the Lenders and acting reasonably) that it will accept communication of the information by this method; (ii) both the Borrower and the Facility Agent are aware of the address of the website together with and any relevant password specifications and for the Designated Website; and (iiiii) that the information is in a format customarily used for the dissemination of such information. If any Lender (a “Paper Form Lender”) does not agree to the delivery of information has been posted electronically (whether by posting on the website; provided, that Designated Website or by email) then the Facility Agent shall notify the Borrower accordingly and the Borrower shall supply the information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower shall supply the Administrative Facility Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative Facility Agent. (c) The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement the Finance Documents is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. . (d) If the Borrower notifies the Administrative Facility Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing. (e) Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower shall comply with any such request within 15 Business Days of receipt.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Mechel OAO), Amendment and Restatement Agreement (Mechel OAO)

Use of websites. (a) The Borrower Parent may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders Website Lenders) who accept this method of communication by posting this information onto an electronic website designated by the Borrower Parent and the Administrative Agent (the Designated Website) by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Parent and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Parent and the Agent. If any Lender (iia Paper Form Lender) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Parent accordingly and the Parent shall supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Parent shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Parent and the Administrative Agent. (c) The Borrower Parent shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Parent becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Parent notifies the Administrative Agent under Section 5.3(c)(isubparagraphs (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Parent under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Parent shall comply with any such request within ten Business Days.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Ferguson PLC), Revolving Facility Agreement (Ferguson PLC)

Use of websites. (a) The Borrower Company may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower Company and the Administrative Facility Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Company and the Facility Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Company and the Facility Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Facility Agent shall notify the Company accordingly and the Company shall at its own cost supply the information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Company shall at its own cost supply the Administrative Facility Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Company and the Administrative Facility Agent. (c) The Borrower Company shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Company becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Company notifies the Administrative Facility Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Company under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Facility Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Company shall at its own cost comply with any such request within ten Business Days.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Liberty Global PLC), Amendment and Restatement Agreement (Liberty Global PLC)

Use of websites. (a) The Borrower Company may satisfy its obligation obligations under this Agreement to deliver any public information to the Lenders by posting this information onto an electronic website designated by the Borrower Company and the Administrative Agent (the "Designated Website") by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Company and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Company and (ii) that such information has been posted on the website; provided, that in any event the Borrower shall supply the Administrative Agent with one copy in paper form of any information which is posted onto the websiteAgent. (b) The Administrative Agent shall supply each Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Company and the Administrative Agent. (c) The Borrower Company shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Company becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. . (d) If the Borrower Company notifies the Administrative Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Company under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Lender is satisfied that the circumstances giving rise to the notification are no longer continuing.

Appears in 2 contracts

Samples: Senior Facilities Agreement (Atlas Investissement), Senior Facilities Agreement (Atlas Investissement)

Use of websites. (a) The Borrower HWDC may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders "Website Lenders") who accept this method of communication by posting this information onto an electronic website designated by the Borrower HWDC and the Administrative Facility Agent (the "Designated Website") by notifying the Administrative Agent if: (i) the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both HWDC and the Facility Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between HWDC and the Facility Agent. If any Lender (iia "Paper Form Lender") that such does not agree to the delivery of information has been posted on electronically then the website; provided, that in any event the Borrower Facility Agent shall notify HWDC accordingly and HWDC shall supply the Administrative information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event HWDC shall supply the Facility Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower HWDC and the Administrative Facility Agent. (c) The Borrower HWDC shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower HWDC becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower HWDC notifies the Administrative Facility Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower HWDC under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Facility Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. HWDC shall comply with any such request within ten Business Days.

Appears in 2 contracts

Samples: Loan Agreement (Harry Winston Diamond Corp), Facility Agreement (Harry Winston Diamond Corp)

Use of websites. (a) The Borrower may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders ( the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Borrower and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Borrower and the Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Borrower accordingly and the Borrower shall supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative Agent. (c) The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change;; or (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower notifies the Administrative Agent under Section 5.3(c)(i) or Section 5.3(c)(vparagraph (c)(i) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower shall comply with any such request within ten Business Days.

Appears in 2 contracts

Samples: Credit Facility Agreement (Lafarge), Credit Facility Agreement (Lafarge)

Use of websites. (a) The Borrower may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower and the Administrative BPIFAE Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the BPIFAE Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Borrower and the BPIFAE Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Borrower and the BPIFAE Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that BPIFAE Agent shall notify the Borrower accordingly and the Borrower shall supply the information to the BPIFAE Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower shall supply the Administrative BPIFAE Agent with at least one (1) copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative BPIFAE Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative BPIFAE Agent. (c) The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative BPIFAE Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower notifies the Administrative BPIFAE Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative BPIFAE Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the BPIFAE Agent, one (1) paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower shall comply with any such request within ten (10) Business Days.

Appears in 2 contracts

Samples: Bpifae Facility Agreement (Globalstar, Inc.), Bpifae Facility Agreement (Globalstar, Inc.)

Use of websites. (a) The Borrower Parent may satisfy its obligation under this Agreement to deliver any public information in relation to the those Lenders who accept this method of communication by posting this information onto an electronic website designated by the Borrower Parent and the Administrative Agent (the Designated Website) by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Parent and the Agent are aware of the address of the website together with and any relevant password specifications specification for the Designated Website; and (iii) the information is in a format previously agreed between the Parent and the Agent. If any Lender does not agree to the delivery of information electronically then the Agent shall notify the Parent accordingly and the Parent shall supply the information to the Agent (iiin sufficient copies for each relevant Lender) that such information has been posted on the website; provided, that in paper form. In any event the Borrower Parent shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each relevant Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Parent and the Administrative Agent. (c) The Borrower Parent shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the relevant password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Parent becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Parent notifies the Administrative Agent under Section 5.3(c)(isubparagraph (c)(i) or Section 5.3(c)(vsubparagraph (c)(v) above, all information to be provided by the Borrower Parent under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent is and the relevant Lenders are satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Parent shall comply with any such request within ten Business Days.

Appears in 2 contracts

Samples: Supplemental Agreement (Innospec Inc.), Multicurrency Revolving Facility Agreement (Innospec Inc.)

Use of websites. (a) 19.8.1 The Borrower Borrowers may satisfy its their obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders Website Lenders) who accept this method of communication by posting this information onto an electronic website designated by the Borrower Borrowers and the Administrative Agent (the Designated Website) if: (a) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by notifying this method; (b) both the Administrative Borrowers and the Agent (i) are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (c) the information is in a format previously agreed between the Borrowers and the Agent. If any Lender (iia Paper Form Lender) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Borrowers accordingly and the Borrowers shall supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Borrowers shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) 19.8.2 The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Borrowers and the Administrative Agent. (c) 19.8.3 The Borrower Borrowers shall promptly upon any of them becoming aware of its occurrence notify the Administrative Agent if: (ia) the Designated Website cannot be accessed due to technical failure; (iib) the password specifications for the Designated Website change; (iiic) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (ivd) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (ve) the any Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower notifies Borrowers notify the Administrative Agent under Section 5.3(c)(iparagraphs (a) or Section 5.3(c)(v(e) above, all information to be provided by the Borrower Borrowers under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. 19.8.4 Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrowers shall comply with any such request within ten Business Days.

Appears in 2 contracts

Samples: Loan Facility Agreement (Navigator Holdings Ltd.), Facility Agreement (Navigator Holdings Ltd.)

Use of websites. (a) The Borrower Any Obligor may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower and the Administrative Facility Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both ABB and the Facility Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between ABB and the Facility Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that in any event the Borrower Facility Agent shall notify ABB accordingly and ABB shall supply the Administrative information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event ABB shall supply the Facility Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower ABB and the Administrative Facility Agent. The Facility Agent shall notify each Website Lender when any document is posted to the Designated Website. (c) The Borrower ABB shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower ABB becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower notifies the Administrative Facility Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower ABB under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Facility Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. ABB shall comply with any such request within ten Business Days.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Abb LTD), Limited Liability Partnership Agreement (Abb LTD)

Use of websites. (a) 18.6.1 The Borrower may satisfy its obligation obligations under this Agreement to deliver any public information in relation to the those Lenders who accept this method of communication by posting this information onto an electronic website designated by the Borrower and the Administrative Agent (the "Designated Website") if: 18.6.1.1 the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by notifying this method; 18.6.1.2 each of the Administrative Borrower and the Agent (i) are aware of the address of the website together with and any relevant password specifications for the Designated Website; 18.6.1.3 the information is in a format previously agreed between the Borrower and (ii) that such the Agent; and 18.6.1.4 subject to any relevant password specifications, the information has been posted on the website; provided, that Designated Website is capable of being downloaded. 18.6.2 If any Lender does not agree to the delivery of information electronically then the Agent shall notify the Borrower accordingly and the Borrower shall supply the information to the Agent (in sufficient copies for each relevant Lender) in paper form. In any event the Borrower shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) 18.6.3 The Administrative Agent shall supply each relevant Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative Agent. (c) 18.6.4 The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) 18.6.4.1 the Designated Website cannot be accessed or information on the Designated Website cannot be downloaded, in each case, due to technical failure; (ii) 18.6.4.2 the relevant password specifications for the Designated Website change; (iii) 18.6.4.3 any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) 18.6.4.4 any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) 18.6.4.5 the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. . 18.6.5 If the Borrower notifies the Administrative Agent under Section 5.3(c)(i) Clause 18.6.4.1 or Section 5.3(c)(v) Clause 18.6.4.5 above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent is and the relevant Lenders are satisfied that the circumstances giving rise to the notification are no longer continuing. 18.6.6 Any Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower shall comply with any such request within ten Business Days.

Appears in 2 contracts

Samples: Credit Agreement (Corporate Property Associates 16 Global Inc), Credit Agreement (Corporate Property Associates 16 Global Inc)

Use of websites. (a) The Borrower Each Obligor may satisfy its obligation under the Finance Documents to which it is a party to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) which accept this method of communication by posting this information onto an electronic website designated by the Borrower Borrowers and the Administrative Facility Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the relevant Obligor and the Facility Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the relevant Obligor and the Facility Agent (ii) that such information has been posted acting on the website; provided, instructions of the Majority Lenders). If any Lender (a “Paper Form Lender”) does not agree to the delivery of information electronically then that in any event Lender shall notify the Borrower Facility Agent and the Facility Agent shall notify the Obligors accordingly and each Obligor shall supply the Administrative information to the Facility Agent with one copy (in sufficient copies for each Paper Form Lender) in paper form of any information which is posted onto the websiteform. (b) The Administrative Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Obligors or any of them and the Administrative Facility Agent. (c) The Borrower An Obligor shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower if that Obligor becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower an Obligor notifies the Administrative Facility Agent under Section 5.3(c)(isub-paragraph (i) or Section 5.3(c)(v(v) of paragraph (c) above, all information to be provided by the Borrower Obligors under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Facility Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Obligors shall comply with any such request within 10 Business Days.

Appears in 2 contracts

Samples: Term Loan Facility (Global Ship Lease, Inc.), Term Loan Facility (Global Ship Lease, Inc.)

Use of websites. (a) The Borrower may satisfy its obligation to deliver any public information to the Lenders by posting this information onto an electronic website designated by the Borrower and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent (i) of the address of the website together with any relevant password specifications and (ii) that such information has been posted on the website; provided, that in any event the Borrower shall supply the Administrative Agent with one copy in paper form of any information which is posted onto the website. (b) The Administrative Agent shall supply each Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative Agent. (c) The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the electronic website designated by the Borrower and the Facility Agent (the “Designated Website Website”) cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website come into existence or change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower notifies the Administrative Facility Agent under Section 5.3(c)(iparagraph (a)(i) or Section 5.3(c)(vparagraph (a)(v) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Facility Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (b) Any Lender who accept information posted on the Designated Website as the method of communication may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower shall comply with any such request within ten (10) Business Days after receiving a written request from the Facility Agent.

Appears in 2 contracts

Samples: Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK)

Use of websites. (a) The Borrower Borrowers may satisfy its their obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Italian Borrower and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Borrowers and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Borrowers and the Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that in any event Agent shall notify the Borrower Borrowers accordingly and the Borrowers shall supply the Administrative information to the Agent with one copy (in sufficient copies for each Paper Form Lender) in paper form of any information which is posted onto the websiteform. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Borrowers and the Administrative Agent. (c) The Each Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower becomes it become aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the a Borrower notifies the Administrative Agent under Section 5.3(c)(iparagraph (i) or Section 5.3(c)(vparagraph (v) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower shall comply with any such request within ten Business Days.

Appears in 2 contracts

Samples: Multicurrency Revolving Facility Agreement (Luxottica Group Spa), Facility Agreement (Luxottica Group Spa)

Use of websites. (a) The Borrower Company and any other Obligor may satisfy its obligation under this Agreement to deliver any public information in relation to the Lenders by posting this information onto an electronic website designated by the Borrower Company and the Administrative Agent (the Designated Website) and by notifying the Administrative Agent Agent: (i) of the address of the website Designated Website together with any relevant password specifications and for the Designated Website; and (ii) that such information has been posted on onto the website; providedDesignated Website. (b) Upon request by the Agent, that in any event the Borrower Company shall supply the Administrative Agent with one copy copy, in paper form paper-form, of any information which is posted onto on to the websiteDesignated Website, for transmission to any Lender requiring a paper-form copy. (bc) The Administrative Agent shall supply each Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Company and the Administrative Agent. (cd) The Borrower Company shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Company becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Company notifies the Administrative Agent under Section 5.3(c)(iparagraph (d)(i) or Section 5.3(c)(vparagraph (d)(v) above, all information to be provided by the Borrower Company under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Lender is satisfied that the circumstances giving rise to the notification are no longer continuing.

Appears in 2 contracts

Samples: Facility Agreement (Smithfield Foods Inc), Credit Agreement (Smithfield Foods Inc)

Use of websites. (a) The Borrower Each Obligor may satisfy its obligation under the Finance Documents to which it is a party to deliver any public information in relation to those Lenders (the Lenders "Website Lenders") which accept this method of communication by posting this information onto an electronic website designated by the Borrower Borrowers and the Administrative Facility Agent (the "Designated Website") by notifying the Administrative Agent if: (i) the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the relevant Obligor and the Facility Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the relevant Obligor and the Facility Agent. If any Lender (iia "Paper Form Lender") that such does not agree to the delivery of information has been posted on electronically then the website; provided, that in any event Facility Agent shall notify the Borrower Obligors accordingly and each Obligor shall supply the Administrative information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event each Obligor shall supply the Facility Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Obligors or any of them and the Administrative Facility Agent. (c) The Borrower An Obligor shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower if that Obligor becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower an Obligor notifies the Administrative Facility Agent under Section 5.3(c)(isub-paragraph (i) or Section 5.3(c)(v(v) of paragraph (c) above, all information to be provided by the Borrower Obligors under this Agreement after the date of that notice shall be supplied in paper form unless and until form. (d) Any Website Lender may request, through the Administrative Agent Facility Agent, one paper copy of any information required to be provided under this Agreement which is satisfied that posted onto the circumstances giving rise to the notification are no longer continuingDesignated Website. The Obligors shall comply with any such request within 10 Business Days.

Appears in 2 contracts

Samples: Facility Agreement (Globus Maritime LTD), Term Loan Facility (Okeanis Eco Tankers Corp.)

Use of websites. (a) The Borrower Company may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower Company and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Company and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Company and the Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Company accordingly and the Company shall supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Company shall supply the Administrative Agent with one at least 1 copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Company and the Administrative Agent. (c) The Borrower Company shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Company becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Company notifies the Administrative Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Company under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Agent, 1 paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Company shall comply with any such request within 10 Business Days.

Appears in 2 contracts

Samples: Senior Facility Agreement (Inmarsat Launch CO LTD), Senior Facility Agreement (Inmarsat Holdings LTD)

Use of websites. (a) The Borrower Company may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower Company and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Company and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Company and the Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; providedAgent shall notify the Company accordingly and the Company shall, that at its own cost, supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower shall Company shall, at its own cost, supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Company and the Administrative Agent. (c) The Borrower Company shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Company becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Company notifies the Administrative Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Company under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Company shall at its own cost comply with any such request within10 Business Days.

Appears in 2 contracts

Samples: Term Facility Agreement (Manchester United PLC), Term Facility Agreement (Manchester United PLC)

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Use of websites. (a) 32.6.1 The Borrower may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders ( the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower and the Administrative Agent (the “Designated Website”) if: (a) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by notifying this method; (b) both the Administrative Borrower and the Agent (i) are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (c) the information is in a format previously agreed between the Borrower and the Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Borrower accordingly and the Borrower shall supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) 32.6.2 The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative Agent. (c) 32.6.3 The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (ia) the Designated Website cannot be accessed due to technical failure; (iib) the password specifications for the Designated Website change; (iiic) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (ivd) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (ve) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower notifies the Administrative Agent under Section 5.3(c)(iClause 32.6.3(a) or Section 5.3(c)(vClause 32.6.3(e) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. 32.6.4 Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower shall comply with any such request within ten Business Days.

Appears in 2 contracts

Samples: Facility Agreement (Hoegh LNG Partners LP), Facility Agreement (Hoegh LNG Partners LP)

Use of websites. (a) 30.6.1 The Borrower may satisfy its obligation obligations under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower and the Administrative Agent (the “Designated Website”) if: (a) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by notifying this method; (b) both the Administrative Borrower and the Agent (i) are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (c) the information is in a format previously agreed between the Borrower and the Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Borrower accordingly and the Borrower shall supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) 30.6.2 The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative Agent. (c) 30.6.3 The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (ia) the Designated Website cannot be accessed due to technical failure; (iib) the password specifications for the Designated Website change; (iiic) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (ivd) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (ve) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower notifies the Administrative Agent under Section 5.3(c)(iClause 30.6.3(a) or Section 5.3(c)(v) aboveClause 30.6.3(e), all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. 30.6.4 Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower shall comply with any such request within ten Business Days.

Appears in 2 contracts

Samples: Secured Loan Agreement, Secured Loan Agreement (HC2 Holdings, Inc.)

Use of websites. (aA) The Borrower may satisfy its obligation under this Agreement to deliver any public information to the Lenders by posting this information onto an electronic website designated by the Borrower and the Administrative Agent (the “Designated Website”) if: (1) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by notifying this method; (2) both the Administrative Borrower and the Agent (i) are aware of the address of the website together with and any relevant password specifications and for the Designated Website; and (ii3) that such the information has been posted on the website; provided, that is in any event a format previously agreed between the Borrower shall supply and the Administrative Agent with one copy in paper form of any information which is posted onto the websiteAgent. (bB) The Administrative Agent shall supply each Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative Agent. (cC) The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i1) the Designated Website cannot be accessed due to technical failure; (ii2) the password specifications for the Designated Website change; (iii3) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv4) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v5) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower notifies the Administrative Agent under Section 5.3(c)(iClause 19.7(C)(1) or Section 5.3(c)(vClause 19.7(C)(5) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (D) Any Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower shall comply with any such request within ten Business Days.

Appears in 2 contracts

Samples: Bridge and Term Facilities Agreement (Rentokil Initial PLC /Fi), Bridge and Term Facilities Agreement (Rentokil Initial PLC /Fi)

Use of websites. (a) The Borrower Parent may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders "Website Lenders") who accept this method of communication by posting this information onto an electronic website designated by the Borrower Parent and the Administrative Facility Agent (the "Designated Website") by notifying the Administrative Agent if: (i) the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Parent and the Facility Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Parent and the Facility Agent. If any Lender (iia "Paper Form Lender") that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Facility Agent shall notify the Parent accordingly and the Parent shall at its own cost supply the information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Parent shall at its own cost supply the Administrative Facility Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Parent and the Administrative Facility Agent. (c) The Borrower Parent shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Parent becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Parent notifies the Administrative Facility Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Parent under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Facility Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Parent shall at its own cost comply with any such request within ten Business Days.

Appears in 2 contracts

Samples: Permanent Facility Agreement (Groupe Eurotunnel SA), Permanent Facility Agreement (Groupe Eurotunnel SA)

Use of websites. (a) 19.8.1 The Borrower may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Website Lenders) who, by confirmation in writing to the Lenders Borrower, accept this method of communication by posting this information onto an electronic website designated by the Borrower and the Administrative Agent (the Designated Website) if: (a) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by notifying this method; (b) both the Administrative Borrower and the Agent (i) are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (c) the information is in a format previously agreed between the Borrower and the Agent. If any Lender (iia Paper Form Lender) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Borrower accordingly and the Borrower shall supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) 19.8.2 The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative Agent. (c) 19.8.3 The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (ia) the Designated Website cannot be accessed due to technical failure; (iib) the password specifications for the Designated Website change; (iiic) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (ivd) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (ve) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower notifies the Administrative Agent under Section 5.3(c)(iparagraphs (a) or Section 5.3(c)(v(e) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. 19.8.4 Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower shall comply with any such request within ten Business Days.

Appears in 2 contracts

Samples: Facility Agreement (Teekay Tankers Ltd.), Facility Agreement (Teekay Tankers Ltd.)

Use of websites. (a) The Borrower may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders Website Lenders) who accept this method of communication by posting this information onto an electronic website designated by the Borrower and the Administrative Facility Agent (the Designated Website) by notifying the Administrative Agent if: (i) the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Borrower and the Facility Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Borrower and the Facility Agent. (iib) that such If any Lender (a Paper Form Lender) does not agree to the delivery of information has been posted on electronically then the website; provided, that Facility Agent shall notify the Borrower accordingly and the Borrower shall supply the information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower shall supply the Administrative Facility Agent with at least one copy in paper form of any information which required to be provided by it, unless and until the Facility Agent and each Website Lender is posted onto satisfied that the websitecircumstances giving rise to the notification are no longer continuing. (bc) The Administrative Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative Facility Agent. (cd) The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. . (e) If the Borrower notifies the Administrative Facility Agent under Section 5.3(c)(iparagraph (d)(i) or Section 5.3(c)(vparagraph (d)(v) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until form. (f) Any Website Lender may request, through the Administrative Agent Facility Agent, one paper copy of any information required to be provided under this Agreement which is satisfied that posted onto the circumstances giving rise to the notification are no longer continuingDesignated Website. The Borrower shall comply with any such request within ten Business Days.

Appears in 2 contracts

Samples: Senior Facility Agreement (Wanda Sports Group Co LTD), Senior Facility Agreement (Wanda Sports Group Co LTD)

Use of websites. (a) The Borrower Company may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this the information onto an electronic website designated by the Borrower Company and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Company and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Company and the Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Company accordingly and the Company shall supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Company shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Company and the Administrative Agent. (c) The Borrower Company shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Company becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Company notifies the Administrative Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Company under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Company shall comply with any such request within ten Business Days.

Appears in 2 contracts

Samples: Facility Agreement (Alibaba Group Holding LTD), Facilities Agreement (Alibaba Group Holding LTD)

Use of websites. (a) The Borrower Borrowers may satisfy its their obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Italian Borrower and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Borrowers and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Borrowers and the Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that in any event Agent shall notify the Borrower Borrowers accordingly and the Borrowers shall supply the Administrative information to the Agent with one copy (in sufficient copies for each Paper Form Lender) in paper form of any information which is posted onto the websiteform. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Borrowers and the Administrative Agent. (c) The Each Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower becomes it become aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the a Borrower notifies the Administrative Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower shall comply with any such request within ten Business Days.

Appears in 2 contracts

Samples: Facilities Agreement (Luxottica Group Spa), Facilities Agreement (Luxottica Group Spa)

Use of websites. (a) The Borrower Subject to the provisions of paragraph (a) of Clause 22.5 (Information: miscellaneous), the Company may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders "Website Lenders") who accept this method of communication by posting this information onto an electronic website designated by the Borrower Company and the Administrative Facility Agent (the "Designated Website") by notifying the Administrative Agent if: (i) the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Company and the Facility Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Company and the Facility Agent. If any Lender (iia "Paper Form Lender") that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Facility Agent shall notify the Company accordingly and the Company shall supply the information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Company shall supply the Administrative Facility Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Company and the Administrative Facility Agent. (c) The Borrower Company shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Company becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Company notifies the Administrative Facility Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(v(v) above, all information to be provided by the Borrower Company under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Facility Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Company shall comply with any such request within 10 Business Days.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Cboe Global Markets, Inc.), Amendment and Restatement Agreement (Cboe Global Markets, Inc.)

Use of websites. (a) The Borrower Company may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders Website Lenders) who accept this method of communication by posting this information onto an electronic website designated by the Borrower Company and the Administrative Facility Agent (the Designated Website) by notifying the Administrative Agent if: (i) the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Company and the Facility Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Company and the Facility Agent. If any Lender (iia Paper Form Lender) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Facility Agent shall notify the Company accordingly and the Company shall at its own cost supply the information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Company shall at its own cost supply the Administrative Facility Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Company and the Administrative Facility Agent. (c) The Borrower Company shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Company becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Company notifies the Administrative Facility Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Company under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Facility Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Company shall at its own cost comply with any such request within ten Business Days.

Appears in 2 contracts

Samples: Super Senior Facilities Agreement (Liberty Global PLC), Senior Facilities Agreement (Liberty Global PLC)

Use of websites. (a) The Borrower may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders ( the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Borrower and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Borrower and the Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Borrower accordingly and the Borrower shall supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative Agent. (c) The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower notifies the Administrative Agent under Section 5.3(c)(iparagraph c)(i) or Section 5.3(c)(vparagraph c)(v) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. d) Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower shall comply with any such request within ten (10) Business Days.

Appears in 2 contracts

Samples: Facility Agreement (Nordic American Offshore Ltd.), Facility Agreement (Nordic American Offshore Ltd.)

Use of websites. (a) The Borrower Company may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders ( the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower Company and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Company and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Company and the Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Company accordingly and the Company shall supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Company shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Company and the Administrative Agent. (c) The Borrower Company shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Company becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Company notifies the Administrative Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Company under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Company shall comply with any such request within ten Business Days.

Appears in 2 contracts

Samples: Facility Agreement (Delhaize Group), Facilities Agreement (Analex Corp)

Use of websites. (a) The Borrower may satisfy its obligation to deliver any public information to the Lenders by posting this information onto an electronic website designated by the Borrower and the Administrative Agent (the "Designated Website") by notifying the Administrative Agent (i) of the address of the website together with any relevant password specifications and (ii) that such information has been posted on the website; provided, that in . (b) In any event the Borrower shall supply the Administrative Agent with one copy in paper form of any information which is posted onto the website. (b) 25.2 The Administrative Agent shall supply each Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative Agent. (c) 25.3 The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (ia) the Designated Website cannot be accessed due to technical failure; (iib) the password specifications for the Designated Website change; (iiic) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (ivd) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (ve) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower notifies the Administrative Agent under Section 5.3(c)(iparagraph (a) or Section 5.3(c)(vparagraph (e) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent is satisfied that the circumstances giving rise to the notification are no longer continuing. 25.4 Know your customer" checks (a) If: (i) the introduction of or any change in (or in the interpretation, administration or application of) any law or regulation made after the date of this Agreement; (ii) any change in the status of an Obligor or the composition of the shareholders of an Obligor after the date of this Agreement; or (iii) a proposed assignment or transfer by a Lender of any of its rights and obligations under this Agreement to a party that is not a Lender prior to such assignment or transfer, obliges the Agent or any Lender (or, in the case of sub-paragraph (iii) above, any prospective new Lender) to comply with "know your customer" or similar identification procedures in circumstances where the necessary information is not already available to it, each Obligor shall promptly upon the request of the Agent or any Lender supply, or procure the supply of, such documentation and other evidence as is reasonably requested by the Agent (for itself or on behalf of any Lender) or any Lender (for itself or, in the case of the event described in sub-paragraph (iii) above, on behalf of any prospective new Lender) in order for the Agent, such Lender or, in the case of the event described in sub-paragraph (iii) above, any prospective new Lender to carry out and be satisfied it has complied with all necessary "know your customer" or other similar checks under all applicable laws and regulations pursuant to the transactions contemplated in the Finance Documents. (b) Each Lender shall promptly upon the request of the Agent supply, or procure the supply of, such documentation and other evidence as is reasonably requested by the Agent (for itself) in order for the Agent to carry out and be satisfied it has complied with all necessary "know your customer" or other similar checks under all applicable laws and regulations pursuant to the transactions contemplated in the Finance Documents.

Appears in 2 contracts

Samples: Revolving Facility Agreement (Bunge Global SA), Facility Agreement (Bungeltd)

Use of websites. (a) The Borrower may satisfy its obligation to deliver any public information to the Lenders by posting this information onto an electronic website designated by the Borrower and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent (i) of the address of the website together with any relevant password specifications and (ii) that such information has been posted on the website; provided, that in any event the Borrower shall supply the Administrative Agent with one copy in paper form of any information which is posted onto the website. (b) The Administrative Agent shall supply each Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative Agent. (c) The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the electronic website designated by the Borrower and the Facility Agent (the “Designated Website Website”) cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website come into existence or change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower notifies the Administrative Facility Agent under Section 5.3(c)(iparagraph (i) or Section 5.3(c)(vparagraph (v) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Facility Agent and each Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (b) Any Lender who accept information posted on the Designated Website as the method of communication may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower shall comply with any such request within ten (10) Business Days after receiving a written request from the Facility Agent.

Appears in 2 contracts

Samples: Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK)

Use of websites. (a) The Borrower Each Obligor may satisfy its obligation under the Finance Documents to which it is a party to deliver any public information in relation to those Lenders (the Lenders "Website Lenders") which accept this method of communication by posting this information onto an electronic website designated by the Borrower Borrowers and the Administrative Facility Agent (the "Designated Website") by notifying the Administrative Agent if: (i) the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the relevant Obligor and the Facility Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the relevant Obligor and the Facility Agent (ii) that such information has been posted acting on the website; provided, instructions of the Majority Lenders. If any Lender (a "Paper Form Lender") does not agree to the delivery of information electronically then that in any event Lender shall notify the Borrower Facility Agent and the Facility Agent shall notify the Obligors accordingly and each Obligor shall supply the Administrative information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event each Obligor shall supply the Facility Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Obligors or any of them and the Administrative Facility Agent. (c) The Borrower An Obligor shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower if that Obligor becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower an Obligor notifies the Administrative Facility Agent under Section 5.3(c)(isub-paragraph ‎(i) or Section 5.3(c)(v‎(v) of paragraph ‎(c) above, all information to be provided by the Borrower Obligors under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Facility Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Obligors shall comply with any such request within 10 Business Days.

Appears in 2 contracts

Samples: Facility Agreement (United Maritime Corp), Term Loan Facility (Seanergy Maritime Holdings Corp.)

Use of websites. (a) The Borrower may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Borrower and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Borrower and the Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Borrower accordingly and the Borrower shall supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative Agent. (c) The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change;; or (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower notifies the Administrative Agent under Section 5.3(c)(i) or Section 5.3(c)(vparagraph (c)(i) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower shall comply with any such request within ten Business Days.

Appears in 2 contracts

Samples: Credit Facility Agreement (Lafarge), Credit Facility Agreement (Lafarge)

Use of websites. (a) The Borrower may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this such information onto an electronic website designated by the Borrower and the Administrative Facility Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of such information by this method; (ii) both the Borrower and the Facility Agent are aware of the address of the website together with and any relevant password specifications and for the Designated Website; and (iiiii) that such information has been posted on is in a format previously agreed between the website; provided, that Borrower and the Facility Agent. If any Lender (a “Paper Form Lender”) does not agree to the delivery of information electronically then the Facility Agent shall notify the Borrower accordingly and the Borrower shall at its own cost supply such information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower shall at its own cost supply the Administrative Facility Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative Facility Agent. (c) The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower notifies the Administrative Facility Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(v(c)(v) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Facility Agent and each Website Lender is satisfied that the circumstances giving rise to the that notification are no longer continuing. (d) Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower shall at its own cost comply with any such request within 10 Business Days.

Appears in 2 contracts

Samples: Facility Agreement (WuXi PharmaTech (Cayman) Inc.), Facility Agreement (WuXi PharmaTech (Cayman) Inc.)

Use of websites. (a) The Borrower Company may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders "Website Lenders") who accept this method of communication by posting this information onto an electronic website designated by the Borrower Company and the Administrative Agent (the "Designated Website") by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Company and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Company and the Agent. If any Lender (iia "Paper Form Lender") that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Company accordingly and the Company shall supply the information to the Agent in paper form. In any event the Borrower Company shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Company and the Administrative Agent. (c) The Borrower Company shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Company becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Company notifies the Administrative Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Company under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Company shall comply with any such request within ten Business Days.

Appears in 2 contracts

Samples: Acquisition Facilities Agreement (Cemex Sa De Cv), Facilities Agreement (Cemex Sa De Cv)

Use of websites. (a) The Borrower Obligors’ Agent may satisfy its an obligation under this Agreement to deliver any public information to the Lenders by posting this information onto an electronic website designated by the Borrower Obligors’ Agent and the Administrative Facility Agent (the Designated Website) by notifying the Administrative Agent if: (i) both the Obligors’ Agent and the Facility Agent are aware of the address of the website together with and any relevant password specifications and for the Designated Website; and (ii) that such the information has been posted on is in a format previously agreed between the website; provided, that in any event Obligors’ Agent and the Borrower shall supply the Administrative Agent with one copy in paper form of any information which is posted onto the websiteFacility Agent. (b) The Administrative Facility Agent shall supply each Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Obligors’ Agent and the Administrative Facility Agent. (c) The Borrower Obligors’ Agent shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the relevant password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Obligors’ Agent becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Obligors’ Agent notifies the Administrative Facility Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Obligors’ Agent under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Facility Agent is and the Lenders are satisfied that the circumstances giving rise to the notification are no longer continuing.

Appears in 2 contracts

Samples: Amendment Agreement (BHP Billiton PLC), Facility and Subscription Agreement (BHP Billiton PLC)

Use of websites. (a) The Borrower Each Obligor may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders "Website Lenders") who accept this method of communication by posting this information onto an electronic website designated by the Borrower Borrowers and the Administrative Agent (the "Designated Website") by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) the Obligors and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Obligors and the Agent. If any Lender (iia "Paper Form Lender") that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Obligors accordingly and the Obligors shall supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Obligors shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Obligors and the Administrative Agent. (c) The Borrower Obligors shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) Any of the Borrower Obligors becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Obligors notifies the Administrative Agent under Section 5.3(c)(iparagraph c)(i) or Section 5.3(c)(vparagraph c)(v) above, all information to be provided by the Borrower Obligors under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. d) Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Obligors shall comply with any such request within ten (10) Business Days.

Appears in 2 contracts

Samples: Facility Agreement (DHT Holdings, Inc.), Facility Agreement (DHT Holdings, Inc.)

Use of websites. (a) 19.8.1 The Borrower may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders Website Lenders) who accept this method of communication by posting this information onto an electronic website designated by the Borrower and the Administrative Agent (the Designated Website) if: (a) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by notifying this method; (b) both the Administrative Borrower and the Agent (i) are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (c) the information is in a format previously agreed between the Borrower and the Agent. If any Lender (iia Paper Form Lender) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Borrower accordingly and the Borrower shall supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) 19.8.2 The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative Agent. (c) 19.8.3 The Borrower shall promptly upon any of them becoming aware of its occurrence notify the Administrative Agent if: (ia) the Designated Website cannot be accessed due to technical failure; (iib) the password specifications for the Designated Website change; (iiic) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (ivd) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (ve) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower notifies the Administrative Agent under Section 5.3(c)(iparagraphs (a) or Section 5.3(c)(v(e) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. 19.8.4 Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower shall comply with any such request within ten Business Days.

Appears in 2 contracts

Samples: Supplemental Agreement (Navigator Holdings Ltd.), Facility Agreement (Navigator Holdings Ltd.)

Use of websites. (a) The Borrower Company may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower Company and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) the Company and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Company and the Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Company accordingly and the Company shall supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Company shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Company and the Administrative Agent. (c) The Borrower Company shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Company becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Company notifies the Administrative Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Company under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Company shall comply with any such request within ten Business Days.

Appears in 2 contracts

Samples: Facility Agreement (Intercontinental Hotels Group PLC /New/), Facility Agreement (Intercontinental Hotels Group PLC /New/)

Use of websites. (a) The Borrower Each Obligor may satisfy its obligation under the Finance Documents to which it is a party to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) which accept this method of communication by posting this information onto an electronic website designated by the Borrower Borrowers and the Administrative Facility Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the relevant Obligor and the Facility Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the relevant Obligor and the Facility Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that in any event Facility Agent shall notify the Borrower Obligors accordingly and each Obligor shall supply the Administrative information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event each Obligor shall supply the Facility Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Obligors or any of them and the Administrative Facility Agent. (c) The Borrower An Obligor shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower if that Obligor becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower an Obligor notifies the Administrative Facility Agent under Section 5.3(c)(isub-paragraph (i) or Section 5.3(c)(v(v) of paragraph (c) above, all information to be provided by the Borrower Obligors under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Facility Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Obligors shall comply with any such request within 10 Business Days.

Appears in 2 contracts

Samples: Term Loan Facility Agreement (Castor Maritime Inc.), Facility Agreement (Navios Maritime Holdings Inc.)

Use of websites. (a) 31.7.1 The Borrower may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower and the Administrative Senior Agent (the “Designated Website”) if: (a) the Senior Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by notifying this method; (b) both the Administrative Borrower and the Senior Agent (i) are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (c) the information is in a format previously agreed between the Borrower and the Senior Agent. 31.7.2 If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Senior Agent shall notify the Borrower accordingly and the Borrower shall supply the information to the Senior Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower shall supply the Administrative Senior Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) 31.7.3 The Administrative Senior Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative Senior Agent. (c) 31.7.4 The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Senior Agent if: (ia) the Designated Website cannot be accessed due to technical failure; (iib) the password specifications for the Designated Website change; (iiic) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (ivd) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (ve) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. . 31.7.5 If the Borrower notifies the Administrative Senior Agent under Section 5.3(c)(iclause 31.7.4(a) or Section 5.3(c)(v31.7.4(e) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Senior Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. 31.7.6 Any Website Lender may request, through the Senior Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower shall comply with any such request within ten Business Days.

Appears in 2 contracts

Samples: Senior Facilities Agreement (Atlatsa Resources Corp), Senior Term Loan and Revolving Facilities Agreement (Atlatsa Resources Corp)

Use of websites. (a) The Borrower Parent may satisfy its obligation under this Agreement to deliver any public information in relation to those Participating Creditors (the Lenders “Website Participating Creditors”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower Parent and the Administrative Agent (the “Designated Website”) by notifying if: (i) the Administrative Agent expressly agrees (iafter consultation with each of the Participating Creditors) that it will accept communication of the information by this method; (ii) both the Parent and the Administrative Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Parent and the Administrative Agent. If any Participating Creditor (iia “Paper Form Participating Creditor”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Administrative Agent shall notify the Parent accordingly and the Parent shall supply the information to the Administrative Agent in paper form. In any event the Borrower Parent shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Lender Website Participating Creditor with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Parent and the Administrative Agent. (c) The Borrower Parent shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Parent becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Parent notifies the Administrative Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Parent under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Participating Creditor is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Participating Creditor may request, through the Administrative Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Parent shall comply with any such request within ten Business Days.

Appears in 2 contracts

Samples: Financing Agreement (Cemex Sab De Cv), Financing Agreement (Cemex Sab De Cv)

Use of websites. (a) The Borrower Guarantor may satisfy its obligation to deliver any public information to the Lenders by posting this information onto an electronic website designated by the Borrower Guarantor and the Administrative Agent (the "Designated Website") by notifying the Administrative Agent (i) of the address of the website together with any relevant password specifications and (ii) that such information has been posted on the website; provided, that in any event the Borrower Guarantor shall supply the Administrative Agent with one copy in paper form of any information which is posted onto the website. (b) The Administrative Agent shall supply each Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Guarantor and the Administrative Agent. (c) The Borrower Guarantor shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement Guaranty is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement Guaranty and posted onto the Designated Website is amended; or (v) the Borrower Guarantor becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Guarantor notifies the Administrative Agent under Section 5.3(c)(i8.3(c)(i) or Section 5.3(c)(v8.3(c)(v) above, all information to be provided by the Borrower Guarantor under this Agreement Guaranty after the date of that notice shall be supplied in paper form unless and until the Administrative Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.

Appears in 2 contracts

Samples: Guaranty (Bungeltd), Guaranty (Bungeltd)

Use of websites. (a) The Borrower Each Primary Obligor may satisfy its obligation under this Agreement to deliver any public information to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Administrative Borrower and the Administrative Facility Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Primary Obligors and the Facility Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Administrative Borrower and the Facility Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Facility Agent shall notify the Administrative Borrower accordingly and the relevant Primary Obligor shall supply the information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower relevant Primary Obligor shall supply the Administrative Facility Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Administrative Borrower and the Administrative Facility Agent. (c) The Borrower Primary Obligors shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower becomes Primary Obligors become aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower any Primary Obligor notifies the Administrative Facility Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Primary Obligors under this Agreement after the date of that notice shall be supplied in paper form unless and until form. (d) Any Website Lender may request, through the Administrative Agent Facility Agent, one paper copy of any information required to be provided under this Agreement which is satisfied that posted onto the circumstances giving rise to the notification are no longer continuingDesignated Website. The Primary Obligors shall comply with any such request within ten (10) Business Days.

Appears in 2 contracts

Samples: Syndicated Facility Agreement (Equinix Inc), Facility Agreement (Equinix Inc)

Use of websites. (a) The Borrower may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Borrower and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Borrower and the Agent. (iib) that such If any Lender (a “Paper Form Lender”) does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Borrower accordingly and the Borrower shall supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (bc) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative Agent. (cd) The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower notifies the Administrative Agent under Section 5.3(c)(iparagraph (d)(i) or Section 5.3(c)(vparagraph (d)(v) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (e) Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower shall comply with any such request within ten Business Days.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Hamilton Insurance Group, Ltd.)

Use of websites. (a) The Borrower Company may satisfy its obligation under this Agreement to deliver any public information in relation to those Noteholders (the Lenders “Website Noteholders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower Company and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Noteholders) that it will accept communication of the information by this method; (ii) both the Company and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Company and the Agent. If any Noteholder (iia “Paper Form Noteholder”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Company accordingly and the Company shall at its own cost supply the information to the Agent (in sufficient copies for each Paper Form Noteholder) in paper form. In any event the Borrower Company shall at its own cost |EU-DOCS\34803319.2|| supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Lender Website Noteholder with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Company and the Administrative Agent. (c) The Borrower Company shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Company becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Company notifies the Administrative Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(v(c)(v) above, all information to be provided by the Borrower Company under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Noteholder is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Noteholder may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Company shall at its own cost comply with any such request within ten (10) Business Days.

Appears in 1 contract

Samples: Notes Purchase Agreement (Membership Collective Group Inc.)

Use of websites. (a) The Borrower Each Obligor may satisfy its obligation under the Finance Documents to which it is a party to deliver any public information in relation to those Lenders (the Lenders "Website Lenders") which accept this method of communication by posting this information onto an electronic website designated by the Borrower Borrowers and the Administrative Facility Agent (the "Designated Website") by notifying the Administrative Agent if: (i) the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the relevant Obligor and the Facility Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the relevant Obligor and the Facility Agent. if any Lender (iia "Paper Form Lender") that such does not agree to the delivery of information has been posted on electronically then the website; provided, that in any event Facility Agent shall notify the Borrower Obligors accordingly and each Obligor shall supply the Administrative information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event each Obligor shall supply the Facility Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Obligors or any of them and the Administrative Facility Agent. (c) The Borrower An Obligor shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower if that Obligor becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower an Obligor notifies the Administrative Facility Agent under Section 5.3(c)(isub-paragraph (i) or Section 5.3(c)(v(v) of paragraph (c) above, all information to be provided by the Borrower Obligors under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Facility Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Obligors shall comply with any such request within 10 Business Days.

Appears in 1 contract

Samples: Term Loan Facility (Star Bulk Carriers Corp.)

Use of websites. (a) The Borrower may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower and the Administrative Bridge Facility Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Bridge Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Borrower and the Bridge Facility Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Borrower and the Bridge Facility Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Bridge Facility Agent shall notify the Borrower accordingly and the Borrower shall supply the information to the Bridge Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower shall supply the Administrative Bridge Facility Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Bridge Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative Bridge Facility Agent. (c) The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Bridge Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower notifies the Administrative Bridge Facility Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Bridge Facility Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Bridge Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower shall comply with any such request within 10 Business Days.

Appears in 1 contract

Samples: Bridge Facility Agreement (Nordic Telephone CO ApS)

Use of websites. (a) The Borrower Parent may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower Parent and the Administrative Facility Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Parent and the Facility Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Parent and the Facility Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Facility Agent shall notify the Parent accordingly and the Parent shall supply the information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Parent shall supply the Administrative Facility Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Parent and the Administrative Facility Agent. (c) The Borrower Parent shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Parent becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Parent notifies the Administrative Facility Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Parent under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Facility Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Parent shall comply with any such request within ten Business Days.

Appears in 1 contract

Samples: £200,000,000 Multi Currency Term, Revolving Credit Facilities Agreement (Iron Mountain Inc)

Use of websites. (a) The Borrower may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Borrower and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Borrower and the Agent. If any Lender (iia “Paper Form Lender”) that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Agent shall notify the Borrower accordingly and the Borrower shall supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative Agent. (c) The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new or amended information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (viv) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower notifies the Administrative Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(iv) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower shall comply with any such request within ten Business Days.

Appears in 1 contract

Samples: Single Currency Term Facility Agreement (Bristol Myers Squibb Co)

Use of websites. (a) The Borrower Company may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders "WEBSITE LENDERS") who accept this method of communication by posting this information onto an electronic website designated by the Borrower Company and the Administrative Facility Agent (the “Designated Website”"DESIGNATED WEBSITE") by notifying the Administrative Agent if: (i) the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Company and the Facility Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Company and the Facility Agent. If any Lender (iia "PAPER FORM LENDER") that such does not agree to the delivery of information has been posted on electronically then the website; provided, that Facility Agent shall notify the Company accordingly and the Company shall supply the information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Company shall supply the Administrative Facility Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Company and the Administrative Facility Agent. (c) The Borrower Company shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Company becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Company notifies the Administrative Facility Agent under Section 5.3(c)(isub-paragraph (i) or Section 5.3(c)(vsub-paragraph (v) above, all information to be provided by the Borrower Company under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Facility Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Company shall comply with any such request within ten Business Days.

Appears in 1 contract

Samples: Facility Agreement (Solutia Inc)

Use of websites. (ai) The Borrower Guarantor may satisfy its obligation to deliver any public information to the Lenders by posting this information onto an electronic website designated by the Borrower Guarantor and the Administrative Agent (the "Designated Website") by notifying the Administrative Agent (i) of the address of the website together with any relevant password specifications and (ii) that such information has been posted on the website; provided, that in any event the Borrower Guarantor shall supply the Administrative Agent with one copy in paper form of any information which is posted onto the website. (bii) The Administrative Agent shall supply each Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Guarantor and the Administrative Agent. (ciii) The Borrower Guarantor shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i1) the Designated Website cannot be accessed due to technical failure; (ii2) the password specifications for the Designated Website change; (iii3) any new information which is required to be provided under this Agreement Guaranty is posted onto the Designated Website; (iv4) any existing information which has been provided under this Agreement Guaranty and posted onto the Designated Website is amended; or (v5) the Borrower Guarantor becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Guarantor notifies the Administrative Agent under Section 5.3(c)(i8.3(c)(i) or Section 5.3(c)(v8.3(c)(v) above, all information to be provided by the Borrower Guarantor under this Agreement Guaranty after the date of that notice shall be supplied in paper form unless and until the Administrative Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.

Appears in 1 contract

Samples: Guaranty (Bungeltd)

Use of websites. (a) The Borrower may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders ( the Lenders “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Borrower and the Administrative Facility Agent (the “Designated Website”) by notifying the Administrative Agent if: (i) the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Borrower and the Facility Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Borrower and (ii) that such the Facility Agent. If any Lender does not agree to the delivery of information has been posted on electronically then the website; provided, that in any event Facility Agent shall notify the Borrower accordingly and the Borrower shall supply or make available the Administrative information to the Facility Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative Facility Agent. (c) The Borrower shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower notifies the Administrative Facility Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Facility Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower shall comply with any such request within ten Business Days.

Appears in 1 contract

Samples: Facility Agreement (Randgold Resources LTD)

Use of websites. (a) The Borrower An Obligor may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders "Website Lenders") who accept this method of communication by posting this information onto an electronic website designated by the Borrower that Obligor and the Administrative Facility Agent (the "Designated Website") by notifying the Administrative Agent if: (i) the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Obligors' Agent and the Facility Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Obligors' Agent and the Facility Agent. (iib) that such If any Lender (a "Paper Form Lender") does not agree to the delivery of information has been posted on electronically then the website; provided, that Facility Agent shall notify the Obligors' Agent accordingly and the Obligors' Agent shall at its own cost supply the information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Obligors' Agent shall at its own cost supply the Administrative Facility Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (bc) The Administrative Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Administrative Facility Agent. (cd) The Borrower Obligors' Agent shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Obligors' Agent becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. . (e) If the Borrower Obligors' Agent notifies the Administrative Facility Agent under Section 5.3(c)(iclause 31.7(d)(i) or Section 5.3(c)(v) aboveclause 31.7(d)(v), all information to be provided by the Borrower Obligors' Agent under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Facility Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (f) Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Obligors' Agent shall at its own cost comply with any such request within 10 Business Days.

Appears in 1 contract

Samples: Common Terms Agreement (Sedibelo Resources LTD)

Use of websites. (a) The Borrower Each Obligor may satisfy its obligation under the Finance Documents to which it is a party to deliver any public information in relation to those Lenders (the Lenders "Website Lenders") which accept this method of communication by posting this information onto an electronic website designated by the Borrower Borrowers and the Administrative Facility Agent (the "Designated Website") by notifying the Administrative Agent if: (i) the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the relevant Obligor and the Facility Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the relevant Obligor and the Facility Agent. If any Lender (iia "Paper Form Lender") that such does not agree to the delivery of information has been posted on electronically then the website; provided, that in any event Facility Agent shall notify the Borrower Obligors accordingly and each Obligor shall supply the Administrative information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event each Obligor shall supply the Facility Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Obligors or any of them and the Administrative Facility Agent. (c) The Borrower An Obligor shall promptly upon becoming aware of its occurrence notify the Administrative Facility Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower if that Obligor becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. 104 ‌ EUROPE/73091764v9 ​ If the Borrower an Obligor notifies the Administrative Facility Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Obligors under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Facility Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Obligors shall comply with any such request within 10 Business Days.

Appears in 1 contract

Samples: Term, Revolving and Accordion Facilities Agreement (Ardmore Shipping Corp)

Use of websites. (a) The Borrower Company may satisfy its obligation under this Agreement to deliver any public information in relation to those Lenders (the Lenders "Website Lenders") who accept this method of communication by posting this information onto an electronic website designated by the Borrower Company and the Administrative Agent (the "Designated Website") by notifying the Administrative Agent if: (i) the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; (ii) both the Company and the Agent are aware of the address of the website together with and any relevant password specifications for the Designated Website; and (iii) the information is in a format previously agreed between the Company and the Agent. If any Lender (iia "Paper Form Lender") that such does not agree to the delivery of information has been posted on electronically, then the website; provided, that Agent shall notify the Company accordingly and the Company shall supply the information to the Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Borrower Company shall supply the Administrative Agent with at least one copy in paper form of any information which is posted onto the websiterequired to be provided by it. (b) The Administrative Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Company and the Administrative Agent. (c) The Borrower Company shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website; (iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or (v) the Borrower Company becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Borrower Company notifies the Administrative Agent under Section 5.3(c)(iparagraph (c)(i) or Section 5.3(c)(vparagraph (c)(v) above, all information to be provided by the Borrower Company under this Agreement after the date of that notice shall be supplied in paper form unless and until the Administrative Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. (d) Any Website Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Company shall comply with any such request within 10 Business Days.

Appears in 1 contract

Samples: Bridge Facility Agreement

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