Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website 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 and password for the website; and (iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website. (b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for: (i) any Lender not agreeing to receive information via the website; and (ii) within ten Business Days of request any other Lender, if that Lender so requests. (c) The Company must promptly upon becoming aware of its occurrence, notify the Facility Agent if: (i) the website cannot be accessed; (ii) the website or any information on the website is 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 circumstances in paragraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper form.
Appears in 6 contracts
Samples: Credit Facility Agreement (PPL Corp), Credit Facility Agreement (PPL Corp), Credit Facility Agreement (Valentia Telecommunications)
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website 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 and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within ten Business Days of request by any other Lender, if that Lender so requests.
(c) The Company must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is 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 circumstances in sub-paragraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper formform until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 3 contracts
Samples: Facilities Agreement (Mittal Steel Co N.V.), Facilities Agreement (Mittal Steel Co N.V.), Bridge Facility Agreement (Mittal Steel Co N.V.)
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and Agent, in consultation with the Lender agreeLenders, agrees;
(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 and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within ten Business Days of request any other Lender, if that Lender so requests.
(c) The the Company must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is 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 circumstances in paragraphs paragraph (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper form.
Appears in 3 contracts
Samples: Credit Facilities Agreement (Liberty Global, Inc.), Credit Facilities Agreement (Liberty Global, Inc.), Credit Facilities Agreement (Liberty Global, Inc.)
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website 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 and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within ten 10 Business Days of request any other Lender, if that Lender so requests.
(c) The Company must must, promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is 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 circumstances in paragraphs subparagraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper formform until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 3 contracts
Samples: Revolving Credit Facility (Sara Lee Corp), Revolving Credit Facility (D.E Master Blenders 1753 B.V.), Credit Facilities Agreement (Viasystems Inc)
Use of websites. (a) Except as provided below, the Company Parent may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender Majority Lenders agree;
(ii) the Company Parent and the Facility Agent designate an electronic website for this purpose;
(iii) the Company Parent notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company Parent and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company Parent must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within ten five Business Days of request any other Lender, if that Lender so requests.
(c) The Company Parent must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is 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 circumstances in paragraphs (i) or (ii) above occur, the Company Parent must supply any information required under this Agreement in paper form.
Appears in 3 contracts
Samples: Senior Credit Facility (Smurfit Kappa Funding PLC), Senior Credit Facility (Smurfit Kappa Acquisitions), Senior Credit Facility Agreement (JSG Funding PLC)
Use of websites. (aA) Except as provided below, the Company each Obligor may deliver any information under this Agreement to a Lender the Facility Agent by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company and the Facility Agent designate it maintains or has access to an electronic website for this purpose;
(iii) the Company notifies purpose and provides the Facility Agent of with the address of details and password for to access the websitewebsite and the information; and
(ivii) the information posted is in a format required by this Agreement or is otherwise agreed between the Company each Obligor and the Facility AgentAgent (whose approval shall not be unreasonably withheld or delayed). The Facility Agent must supply each relevant Lender with the address of and password for the website.
(bB) Notwithstanding the above, the Company Original Borrower must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender who notifies the Facility Agent in writing (copied to each Obligor) that it does not agreeing wish to receive information via the website; and
(ii) within ten Business Days of request request, any other Lender, if that Lender so requests.
(cC) The Company Each Obligor must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is 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. .
(D) If the circumstances in paragraphs sub-paragraph (iC)(i) or (iiC)(ii) above occur, the Company an Obligor must supply any information required under this Agreement in paper formform until the circumstances giving rise to the notification are no longer continuing and the information can be provided in accordance with paragraph (A) above.
Appears in 3 contracts
Samples: Loan Agreement (Kosmos Energy Ltd.), Loan Agreement (Kosmos Energy Ltd.), Deed of Amendment and Restatement (Kosmos Energy Ltd.)
Use of websites. (aA) Except as provided below, the Company each Obligor may deliver any information under this the Facility Agreement to a Lender the Facility Agent by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company and the Facility Agent designate it maintains or has access to an electronic website for this purpose;
(iii) the Company notifies purpose and provides the Facility Agent of with the address of details and password for to access the websitewebsite and the information; and
(ivii) the information posted is in a format required by this Agreement or is otherwise agreed between the Company each Obligor and the Facility AgentAgent (whose approval shall not be unreasonably withheld or delayed). The Facility Agent must supply each relevant Lender with the address of and password for the website.
(bB) Notwithstanding the above, the Company must supply to the Facility Agent within 10 Business Days of request, in paper form a copy of any information posted on the website together with sufficient copies for:
(i) for any Lender not agreeing to receive information via the website; and
(ii) within ten Business Days of request any other Lender, if that Lender so requests.
(cC) The Company must Each Obligor must, promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is 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 the Facility Agreement is posted on the website or amended after being posted. If the circumstances in paragraphs sub-paragraph (iC)(i) or (ii) above occur, the Company an Obligor must supply any information required under this Agreement in paper formform until the circumstances giving rise to the notification are no longer continuing and the information can be provided in accordance with paragraph (A) above.
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (Kosmos Energy Ltd.), Multicurrency Revolving Letter of Credit Facility Agreement (Kosmos Energy Ltd.), Multicurrency Revolving Letter of Credit Facility Agreement (Kosmos Energy Ltd.)
Use of websites. (aA) Except as provided below, the Company each Obligor may deliver any information under this Agreement to a Lender the Facility Agent by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company and the Facility Agent designate it maintains or has access to an electronic website for this purpose;
(iii) the Company notifies purpose and provides the Facility Agent of with the address of details and password for to access the websitewebsite and the information; and
(ivii) the information posted is in a format required by this Agreement or is otherwise agreed between the Company each Obligor and the Facility AgentAgent (whose approval shall not be unreasonably withheld or delayed). The Facility Agent must supply each relevant Lender with the address of and password for the website.
(bB) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender who notifies the Facility Agent in writing (copied to each Obligor) that it does not agreeing wish to receive information via the website; and
(ii) within ten Business Days of request request, any other Lender, if that Lender so requests.
(cC) The Company Each Obligor must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is 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. .
(D) If the circumstances in paragraphs sub-paragraph (iC)(i) or (iiC)(ii) above occur, the Company an Obligor must supply any information required under this Agreement in paper formform until the circumstances giving rise to the notification are no longer continuing and the information can be provided in accordance with paragraph (A) above.
Appears in 3 contracts
Samples: Revolving Credit Facility Agreement (Kosmos Energy Ltd.), Revolving Credit Facility Agreement (Kosmos Energy Ltd.), Revolving Credit Facility Agreement (Kosmos Energy Ltd.)
Use of websites. (a) Except as provided below, the Company Parent may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company Parent and the Facility Agent designate an electronic website for this purpose;
(iii) the Company Parent notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company Parent and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company Parent must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within ten Business Days of request any other Lender, if that Lender so requests.
(c) The Company Parent must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is 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 circumstances in sub-paragraphs (i) or (ii) above occur, the Company Parent must supply any information required under this Agreement in paper formform until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 2 contracts
Samples: Credit Facility (Tele2 Ab), Credit Facility (Tele2 Ab)
Use of websites. (aA) Except as provided below, the Company each Obligor may deliver any information under this the Facility Agreement to a Lender the Facility Agent by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company and the Facility Agent designate it maintains or has access to an electronic website for this purpose;
(iii) the Company notifies purpose and provides the Facility Agent of with the address of details and password for to access the websitewebsite and the information; and
(ivii) the information posted is in a format required by the Facility Agreement or is otherwise agreed between the Company each Obligor and the Facility AgentAgent (whose approval shall not be unreasonably withheld or delayed). The Facility Agent must supply each relevant Lender with the address of and password for the website.
(bB) Notwithstanding the above, the Company Kosmos must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender who notifies the Facility Agent in writing (copied to each Obligor) that it does not agreeing wish to receive information via the website; and
(ii) within ten Business Days of request request, any other Lender, if that Lender so requests.
(cC) The Company Each Obligor must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is 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 the Facility Agreement is posted on the website or amended after being posted. .
(D) If the circumstances in paragraphs sub-paragraph (iC)(i) or (ii) above occur, the Company an Obligor must supply any information required under this the Facility Agreement in paper formform until the circumstances giving rise to the notification are no longer continuing and the information can be provided in accordance with paragraph (A) above.
Appears in 2 contracts
Samples: Deed of Amendment and Restatement (Kosmos Energy Ltd.), Facility Agreement (Kosmos Energy Ltd.)
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agreeagrees;
(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 and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within ten Business Days of request any other Lender, if that Lender so requests.
(c) The Company must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is 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 circumstances in paragraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper form.
Appears in 2 contracts
Samples: Supplemental Agreement (Enodis PLC), Credit Facility Agreement (Enodis PLC)
Use of websites. (a1) Except as provided below, the Company Borrower may deliver any information under this Agreement identified in Section 8.03(d) to a Lender NIB by posting it on to an electronic website if:
(i) the Facility Agent NIB and the Lender Borrower agree;
(ii) the Company and the Facility Agent designate NIB designates an electronic website for this purpose;
(iii) both the Company notifies the Facility Agent Borrower and NIB are aware of the address of and any relevant password specifications for the website; and
(iv) the information posted is in a format agreed between the Company Borrower and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the websiteNIB.
(b2) Notwithstanding the above, the Company Borrower must supply to the Facility Agent NIB in paper form a copy of any information posted on the website together with sufficient copies forwebsite:
(i) any Lender not agreeing if so requested to receive information via the websitedo so by NIB; and
(ii) if so required by a governmental requirement. In both cases within ten (10) Business Days of request any other Lender, if that Lender so requestsreceipt of the request.
(c3) The Company Borrower must promptly upon becoming aware of its occurrence, notify the Facility Agent NIB if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the relevant password specification 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 In the circumstances in paragraphs (i) or (ii) above occur, the Company Borrower must supply any information required under this Agreement in paper form.
Appears in 2 contracts
Samples: Loan Agreement, Loan Agreement (Clearwave N V)
Use of websites. (a) Except as provided below, the Company or any other Obligor may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the that 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 and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company or any other Obligor must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within ten Business Days of request any other Lender, if that Lender so requests.
(c) The Company or any other Obligor must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is 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 circumstances in sub-paragraphs (i) or (ii) above occur, the Company or any other Obligor must supply any information required under this Agreement in paper formform until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 2 contracts
Samples: Credit Facility Agreement, Credit Facility Agreement (Shurgard Storage Centers Inc)
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the such 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 and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within ten 10 Business Days of request any other Lender, if that Lender so requests.
(c) The Company must must, promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is 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 circumstances in sub-paragraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper formform until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 2 contracts
Samples: Facility Agreement (TTM Technologies Inc), Facility Agreement (TTM Technologies Inc)
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website 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 and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within ten 10 Business Days of request any other Lender, if that Lender so requests.
(c) The Company must must, promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iviii) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper formform until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 2 contracts
Samples: Credit Facility Agreement (E. Merck oHG), Credit Facility Agreement (Merck Kgaa /Fi)
Use of websites. (a) Except as provided below, the Company each Obligor may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company relevant Obligor and the Facility Agent designate an electronic website for this purpose;
(iii) the Company relevant Obligor notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company relevant Obligor and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company each Obligor must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within ten Business Days of request any other Lender, if that Lender so requests.
(c) The Company Each Obligor must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the its website cannot be accessed;
(ii) the website or any information on the website is 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 circumstances in paragraphs (i) or (ii) above occur, the Company relevant Obligor must supply any information required under this Agreement in paper form.
Appears in 2 contracts
Samples: Facilities Agreement (Preem Holdings Ab Publ), Bridge Facility Agreement (Preem Holdings Ab Publ)
Use of websites. (a) Except as provided below, the Company Obligors’ Agent may deliver any information under this Agreement to a Lender Bank by posting it on to an electronic website if:
(i) the Facility Agent and the Lender Bank agree;
(ii) the Company Obligors’ Agent and the Facility Agent designate an electronic website for this purpose;
(iii) the Company Obligors’ Agent notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company Obligors’ Agent and the Facility Agent. The Facility Agent must supply each relevant Lender Bank with the address of and password for the website.
(b) Notwithstanding the above, the Company Obligors’ Agent must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender Bank not agreeing to receive information via the website; and
(ii) within ten Business Days of request any other LenderBank, if that Lender Bank so requests.
(c) The Company must Obligors’ Agent must, promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is 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 circumstances in paragraphs subparagraphs (i) or (ii) above occur, the Company Obligors’ Agent must supply any information required under this Agreement in paper form.
Appears in 2 contracts
Samples: Syndicated Bridge Loan Facility (Anglogold Ashanti LTD), Syndicated Loan Facility (Anglogold Ashanti LTD)
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website 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 and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within ten Business Days of request by any other Lender, if that Lender so requests.
(c) The Company must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessedaccessed due to a technical failure;
(ii) the website or any information on the website is 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 circumstances in sub-paragraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper formform until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 1 contract
Use of websites. (a) Except as provided below, the Company Parent may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company Parent and the Facility Agent designate an electronic website for this purpose;
(iii) the Company Parent notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company Parent and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company Parent must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within ten Business Days of request any other Lender, if that Lender so requests.
(c) The Company Parent must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is 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 circumstances in paragraphs (i) or (ii) above occur, the Company Parent must supply any information required under this Agreement in paper form.
Appears in 1 contract
Samples: Multicurrency Credit Facilities Agreement (Alfa Laval Special Finance Ab)
Use of websites. (a) Except as provided below, the Company Borrower may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company Borrower and the Facility Agent designate an electronic website for this purpose;
(iii) the Company Borrower notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company Borrower and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company Borrower must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within ten Business 10 Banking Days of request any other Lender, if that Lender so requests.
(c) The Company must Borrower must, promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessedaccessed due to a technical failure;
(ii) the website or any information on the website is 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 circumstances in sub-paragraphs (i) or (ii) above occur, the Company Borrower must supply any information required under this Agreement in paper formform until the Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 1 contract
Samples: Facility Agreement (British Sky Broadcasting Group PLC)
Use of websites. (a) Except as provided below, the Company a Borrower may deliver any information under Clause 19 (Covenants) of this Agreement to a Lender by posting it any electronic means, or on to an electronic website if, in respect of the latter:
(i) the Facility Agent and the Lender agree;
(ii) the Company Borrower and the Facility Agent designate an electronic website for this purpose;
(iiiii) the Company Borrower notifies the Facility Agent of the address of and password for the website; and
(iviii) the information posted is in a format agreed between the Company Borrower and the Facility Agent. The Facility Agent must supply each relevant Lender Bank with the address of and password for the website.
(b) Notwithstanding the above, the Company Borrower must supply to the Facility Agent in paper form a copy of any information posted on the a website together with sufficient copies for:
(i) any Lender Bank not agreeing to receive information via the website; and
(ii) any other Bank, if that Bank so requests, within ten Business Days of request any other Lender, if that Lender so requestssuch request.
(c) The Company Borrower must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the a designated website cannot be accessed;
(ii) the website or any information on the website is 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 circumstances in paragraphs (i) or (ii) above occur, the Company Borrower must supply any information required under this Agreement in paper form.
Appears in 1 contract
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website 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 and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within ten Business Days of request any other Lender, if that Lender so requests.
(c) The the Company must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is 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 circumstances in sub-paragraphs (i) or (ii) above occur, the Company Companys must supply any information required under this Agreement in paper formform until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 1 contract
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender Bank by posting it on to an electronic website if:
(i) the Facility Agent and the Lender Bank 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 and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender Bank with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender Bank not agreeing to receive information via the website; and
(ii) within ten Business Days of request any other LenderBank, if that Lender Bank so requests.
(c) The Company must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any an 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 circumstances in sub-paragraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper formform until the Agent is satisfied that the circumstances giving rise to the notification are not longer continuing.
Appears in 1 contract
Samples: Multicurrency Revolving Credit Facility (Scottish Power PLC)
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement the Finance Documents to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender Company agree;
(ii) the Company and the Facility Agent designate an electronic website for this purpose;
(iii) both the Company notifies and the Facility Agent are aware of the address of and any relevant password specifications for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and any relevant password specifications for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies forfor each Lender:
(i) any Lender not agreeing if so requested to receive information via do so by the websiteFacility Agent; and
(ii) if so required by a governmental requirement, within ten Business Days of receipt of the request any other Lender, if that Lender so requestsor notification to the Company of the requirement.
(c) The Company Facility Agent must promptly upon becoming aware of its occurrence, notify the Facility Agent Company and Lenders if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any an electronic virus or similar software;
(iii) the relevant password specification 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 In the event the circumstances in paragraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper form.
Appears in 1 contract
Use of websites. (aA) Except as provided below, the Company each Obligor may deliver any information under this the Facility Agreement to a Lender the Facility Agent by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company and the Facility Agent designate it maintains or has access to an electronic website for this purpose;
(iii) the Company notifies purpose and provides the Facility Agent of with the address of details and password for to access the websitewebsite and the information; and
(ivii) the information posted is in a format required by the Facility Agreement or is otherwise agreed between the Company each Obligor and the Facility AgentAgent (whose approval shall not be unreasonably withheld or delayed). The Facility Agent must supply each relevant Lender with the address of and password for the website.
(bB) Notwithstanding the above, the Company Kosmos must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender who notifies the Facility Agent in writing (copied to each Obligor) that it does not agreeing wish to receive information via the website; and
(ii) within ten Business Days of request request, any other Lender, if that Lender so requests.
(cC) The Company Each Obligor must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is 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 the Facility Agreement is posted on the website or amended after being posted. .
(D) If the circumstances in paragraphs sub-paragraph (iC)(i) or (iiC)(ii) above occur, the Company an Obligor must supply any information required under this the Facility Agreement in paper formform until the circumstances giving rise to the notification are no longer continuing and the information can be provided in accordance with paragraph (A) above.
Appears in 1 contract
Use of websites. (a) Except as provided below, the Company KDG may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender Majority Lenders agree;
(ii) the Company KDG and the Facility Agent designate an electronic website for this purpose;
(iii) the Company KDG notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company KDG and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company KDG must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within ten five Business Days of request request, any other Lender, if that Lender so requests.
(c) The Company KDG must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is 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 circumstances in sub-paragraphs (i) or (ii) above occur, the Company KDG must supply any information required under this Agreement in paper form.
Appears in 1 contract
Samples: Senior Credit Agreement (Kabel Deutschland Vertrieb Und Service GmbH & Co. KG)
Use of websites. (a) Except as provided below, the The Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website ifprovided that:
(i) the Company and the Facility Agent and the Lender agreeshall designate an electronic website for this purpose;
(ii) the Company and the Facility Agent designate an electronic website for this purpose;
(iii) the Company notifies the Facility Agent of have confirmed to each other the address of and password for the website; and
(iviii) the information posted is shall be in a format agreed between the Company and the Facility Agent. .
(b) The Facility Agent must supply each relevant Lender with the address of and password for the website.
(bc) Notwithstanding the above, if so requested by the Facility Agent, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within ten Business Days of request any other Lender, if that Lender so requests.
(cd) The Company must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is 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. .
(e) If the circumstances in sub-paragraphs (id)(i) or (ii) above occur, the Company must supply any information required under this Agreement in paper form.
Appears in 1 contract
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website 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 and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within ten 10 Business Days of request request, any other Lender, if that Lender so requests.
(c) The Company must must, promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is 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 circumstances in paragraphs subparagraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper formform until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 1 contract
Use of websites. (a1) Except as provided below, the Company Borrower may deliver any information under this Agreement identified in Section 8.03(d) to a Lender EDC by posting it on to an electronic website if:
(i) the Facility Agent EDC and the Lender Borrower agree;
(ii) the Company and the Facility Agent designate EDC designates an electronic website for this purpose;
(iii) both the Company notifies the Facility Agent Borrower and EDC are aware of the address of and any relevant password specifications for the website; and
(iv) the information posted is in a format agreed between the Company Borrower and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the websiteEDC.
(b2) Notwithstanding the above, the Company Borrower must supply to the Facility Agent EDC in paper form a copy of any information posted on the website together with sufficient copies forwebsite:
(i) any Lender not agreeing if so requested to receive information via the websitedo so by EDC; and
(ii) if so required by a governmental requirement. In both cases within ten (10) Business Days of request any other Lender, if that Lender so requestsreceipt of the request.
(c3) The Company Borrower must promptly upon becoming aware of its occurrence, notify the Facility Agent EDC if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the relevant password specification 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 In the circumstances in paragraphs (i) or (ii) above occur, the Company Borrower must supply any information required under this Agreement in paper form.
Appears in 1 contract
Samples: Loan Agreement (Clearwave N V)
Use of websites. (a) Except as provided below, the Company Borrower may deliver any information under this Agreement to a Lender Bank by posting it on to an electronic website if:
(i) the Facility Agent and the Lender Bank agree;
(ii) the Company Borrower and the Facility Agent designate an electronic website for this purpose;
(iii) the Company Borrower notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company Borrower and the Facility Agent. The Facility Agent must supply each relevant Lender Bank with the address of and password for the website.
(b) Notwithstanding the above, the Company Borrower must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender Bank not agreeing to receive information via the website; and
(ii) within ten (10) Business Days of request any other LenderBank, if that Lender Bank so requests.
(c) The Company must Borrower must, promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is 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 circumstances in sub-paragraphs (i) or (ii) above occur, the Company Borrower must supply any information required under this Agreement in paper formform until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 1 contract
Samples: Multicurrency Revolving Credit Facility Agreement (Schneider Electric Sa)
Use of websites. (aA) Except as provided below, the Company each Obligor may deliver any information under this Agreement to a Lender the Facility Agents by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company and the Facility Agent designate it maintains or has access to an electronic website for this purpose;
(iii) the Company notifies purpose and provides the Facility Agent of Agents with the address of details and password for to access the websitewebsite and the information; and
(ivii) the information posted is in a format required by this Agreement or as otherwise agreed between the Company each Obligor and the Facility AgentAgents (whose approval will not be unreasonably withheld or delayed). The Facility Agent Agents must supply each relevant Lender with the address of and password for the website.
(bB) Notwithstanding the above, the Company Kosmos must supply to the Facility Agent Agents in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender who notifies the Facility Agents in writing (copied to each Obligor) that it does not agreeing wish to receive information via the website; and
(ii) within ten Business Days of request any other Lender, if that Lender so requests.
(cC) The Company Each Obligor must promptly upon becoming aware of its occurrence, notify the Facility Agent Agents if:.
(i) the website cannot be accessed;
(ii) the website or any information on the website is 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. .
(D) If the circumstances in paragraphs sub-paragraph (iC)(i) or (ii) above occur, the Company an Obligor must supply any information required under this Agreement in paper formform until the circumstances giving rise to the notification are no longer continuing and the information can be provided in accordance with paragraph (A) above.
Appears in 1 contract
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender Majority Lenders 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 and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within ten five Business Days of request request, any other Lender, if that Lender so requests.
(c) The Company must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessedaccessed due to technical failure;
(ii) the website or any information on the website is 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 circumstances in sub-paragraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper formform until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 1 contract
Samples: Credit Facilities Agreement (Hungarian Telephone & Cable Corp)
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Coordinating Facility Agent and the Lender agree;
(ii) the Company and the Coordinating Facility Agent designate an electronic website for this purpose;
(iii) the Company notifies the Coordinating Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Coordinating Facility Agent. The Coordinating Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Coordinating Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within ten 10 Business Days of request any other Lender, if that Lender so requests.
(c) The Company must must, promptly upon becoming aware of its occurrence, notify the Coordinating Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is 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 circumstances in sub-paragraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper formform until the Coordinating Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 1 contract
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;agrees; --------------------------------------------------------------------------------
(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 and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within ten Business Days of request any other Lender, if that Lender so requests.
(c) The Company must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is 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 circumstances in paragraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper form.
Appears in 1 contract
Samples: Bridge Loan Agreement (Enodis PLC)
Use of websites. (a) Except as provided below, the Company Borrower may deliver any information under this Agreement to a Lender Bank by posting it on to an electronic website if:
(i) the Facility Agent and the Lender Bank agree;
(ii) the Company Borrower and the Facility Agent designate an electronic website for this purpose;
(iii) the Company Borrower notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company Borrower and the Facility Agent. The Facility Agent must supply each relevant Lender Bank with the address of and password for the website.
(b) Notwithstanding the above, the Company Borrower must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender Bank not agreeing to receive information via the website; and
(ii) within ten 10 (ten) Business Days of request any other LenderBank, if that Lender Bank so requests.
(c) The Company must Borrower must, promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is 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 circumstances in paragraphs subparagraphs (i) or (ii) above occur, the Company Borrower must supply any information required under this Agreement in paper form.
Appears in 1 contract
Use of websites. (aA) Except as provided below, the Company each Obligor may deliver any information under this the Facility Agreement to a Lender the Facility Agent by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company and the Facility Agent designate it maintains or has access to an electronic website for this purpose;
(iii) the Company notifies purpose and provides the Facility Agent of with the address of details and password for to access the websitewebsite and the information; and
(ivii) the information posted is in a format required by this Agreement or is otherwise agreed between the Company each Obligor and the Facility AgentAgent (whose approval shall not be unreasonably withheld or delayed). The Facility Agent must supply each relevant Lender with the address of and password for the website.
(bB) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender who notifies the Facility Agent in writing (copied to each Obligor) that it does not agreeing wish to receive information via the website; and
(ii) within ten Business Days of request request, any other Lender, if that Lender so requests.
(cC) The Company Each Obligor must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is 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 the Facility Agreement is posted on the website or amended after being posted. If the circumstances in paragraphs sub-paragraph (iC)(i) or (iiC)(ii) above occur, the Company an Obligor must supply any information required under this Agreement in paper formform until the circumstances giving rise to the notification are no longer continuing and the information can be provided in accordance with paragraph (A) above.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Kosmos Energy Ltd.)
Use of websites. (aA) Except as provided below, the Company each Obligor may deliver any information under this Agreement to a Lender the Facility Agent by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company and the Facility Agent designate it maintains or has access to an electronic website for this purpose;
(iii) the Company notifies purpose and provides the Facility Agent of with the address of details and password for to access the websitewebsite and the information; and
(ivii) the information posted is in a format required by this Agreement or is otherwise agreed between the Company each Obligor and the Facility AgentAgent (whose approval shall not be unreasonably withheld or delayed). The Facility Agent must will supply each relevant Lender with the address of and password for the website.
(bB) Notwithstanding the above, the Company must Borrower shall supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender who notifies the Facility Agent in writing (copied to each Obligor) that it does not agreeing wish to receive information via the website; and
(ii) within ten 10 Business Days of request request, any other Lender, if that Lender so requests.
(cC) The Company must Each Obligor shall promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is 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. .
(D) If the circumstances in paragraphs paragraph (iC)(i) or (iiC)(ii) above occur, the Company must an Obligor shall supply any information required under this Agreement in paper formform until the circumstances giving rise to the notification are no longer continuing and the information can be provided in accordance with paragraph (A) above.
Appears in 1 contract