Use of websites. (a) Notwithstanding any other term in this Subclause 38.5 (Use of websites), the Company may deliver any information required under Subclause 20.1(a)(i), 20.1(a)(iv) (Financial statements) or 20.4(a) (Information - miscellaneous) by posting it on to the electronic website xxx.xxxx.xxx and notifying the Facility Agent that the applicable information has been posted on that electronic website. (b) 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 has notified 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. (c) 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 10 Business Days of request any other Lender, if that Lender so requests. (d) 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 form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 3 contracts
Samples: Credit Facilities Agreement (Amec PLC), Credit Facilities Agreement (Amec PLC), Credit Facilities (Amec PLC)
Use of websites. (a) Notwithstanding any other term in this Subclause 38.5 36.5 (Use of websites), the Company may deliver any information required under Subclause 20.1(a)(i18.1(a)(i), 20.1(a)(iv18.1(a)(iv) (Financial statements) or 20.4(a18.4(a) (Information - miscellaneous) by posting it on to the electronic website xxx.xxxx.xxx and notifying the Facility Agent that the applicable information has been posted on that electronic website.
(b) 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 has notified 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.
(c) 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 10 Business Days of request any other Lender, if that Lender so requests.
(d) 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 form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 2 contracts
Samples: Credit Facilities Agreement (Amec PLC), Credit Facilities Agreement (Amec PLC)
Use of websites. (a) Notwithstanding any other term in this Subclause 38.5 (Use of websites), the Company may deliver any information required under Subclause 20.1(a)(i), 20.1(a)(iv) (Financial statements) or 20.4(a) (Information - miscellaneous) by posting it on to the electronic website xxx.xxxx.xxx and notifying the Facility Agent that the applicable information has been posted on that electronic website.
(b) 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 has notified 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.
(cb) 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 10 Business Days of request any other Lender, if that Lender so requests.
(dc) 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(isubparagraphs (i) or (ii) above occur, the Company Borrower must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuingform.
Appears in 1 contract
Samples: Credit Facility Agreement (PPL Corp)
Use of websites. (a) Notwithstanding any other term in this Subclause 38.5 (Use of websites), the Company may deliver any information required under Subclause 20.1(a)(i), 20.1(a)(iv) (Financial statements) or 20.4(a) (Information - miscellaneous) by posting it on to the electronic website xxx.xxxx.xxx and notifying the Facility Agent that the applicable information has been posted on that electronic website.
(bA) 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 has notified 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.
(cB) 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 10 ten Business Days of request request, any other Lender, if that Lender so requests.
(dC) 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 sub-paragraphs(iparagraph (C)(i) or (ii) above occur, the Company an Obligor must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuingcontinuing 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. (a) Notwithstanding any other term in this Subclause 38.5 (Use of websites), the The Company may deliver any information required under Subclause 20.1(a)(i), 20.1(a)(iv) (Financial statements) or 20.4(a) (Information - miscellaneous) by posting it on to the electronic website xxx.xxxx.xxx and notifying the Facility Agent that the applicable information has been posted on that electronic website.
(b) Except as provided below, the Company may deliver any information satisfy its obligation under this Agreement to a Lender deliver any information in relation to those Lenders (the “Website Lenders”) who accept this method of communication by posting it on to this information onto an electronic website designated by the Company and the Agent (the “Designated Website”) if:
(i) the Facility Agent and expressly agrees (after consultation with each of the Lender agreeLenders) that it will accept communication of the information by this method;
(ii) both the Company and the Facility Agent designate an electronic website for this purpose;
(iii) the Company has notified the Facility Agent are aware of the address of and any relevant password specifications for the websiteDesignated Website; and
(iviii) the information posted is in a format previously agreed between the Company and the Facility Agent. If any Lender (a “Paper Form Lender”) does not agree to the delivery of information electronically then the 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 Company shall supply the Agent with at least one copy in paper form of any information required to be provided by it.
b) The Facility Agent must shall supply each relevant Website Lender with the address of and any relevant password specifications for the websiteDesignated Website following designation of that website by the Company and the Agent.
(c) 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 10 Business Days of request any other Lender, if that Lender so requests.
(d) The Company must, shall promptly upon becoming aware of its occurrence, occurrence notify the Facility Agent if:
(i) the website Designated Website cannot be accessedaccessed due to technical failure;
(ii) the website 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 Company becomes aware that the Designated Website or any information on posted onto the website Designated Website is or has been infected by any electronic virus or similar software;
(iii. If the Company notifies the Agent under sub-paragraph c)(i) the password for the website is changed; or
(ivor sub-paragraph c)(v) any above, all information to be supplied provided by the Company under this Agreement is posted on after 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 date of that notice shall be supplied in paper form unless and until the 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 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 (10) Business Days.
Appears in 1 contract
Use of websites. (a) Notwithstanding any other term in this Subclause 38.5 (Use of websites), the Company may deliver any information required under Subclause 20.1(a)(i), 20.1(a)(iv) (Financial statements) or 20.4(a) (Information - miscellaneous) by posting it on to the electronic website xxx.xxxx.xxx and notifying the Facility Agent that the applicable information has been posted on that electronic website.
(b) 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 Facilities Agent and the Lender agree, it being understood that, subject to Clause 24.6(b) below, the Facilities Agent and all Original Lenders provide their consent for all of the information under Clause 24.1(a) (Financial statements) to be so delivered;
(ii) the Company and the Facility Facilities Agent designate an electronic website for this purposepurpose which, for the purpose of Clause 24.1(a) (Financial statements) hereof shall be xxx.xxxxxxxxxxxx.xxx, until and unless the Company sends written notice to the Facilities Agent advising of a change to the details of the website;
(iii) the Company has notified notifies the Facility Facilities Agent of the address of and password (if any) for the websitewebsite (other than with respect to the information contemplated by Clause 24.1(a) (Financial statements) which shall be posted to the website identified in paragraph (ii) above); and
(iv) the information posted is in a format agreed between the Company and the Facility Facilities Agent. The Facility Facilities Agent must supply each relevant Lender with the address of and password for the website.
(cb) Notwithstanding the above, the Company must supply to the Facility Facilities 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 10 ten Business Days of request request, any other Lender, if that Lender so requests.
(dc) The Company must, must promptly upon becoming aware of its occurrence, notify the Facility Facilities 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 (if any) 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(iparagraph (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper form until during the Facility Agent is satisfied time that the circumstances giving rise to the notification are no longer continuingwebsite is not available.
Appears in 1 contract
Samples: Facilities Agreement (Carnival PLC)
Use of websites. 15.11.1 The Company may satisfy its obligation under this Agreement to deliver any information in relation to those Participants (the Website Participants) who accept this method of communication by posting this information onto an electronic website designated by the Company and the Investment Agent (the Designated Website) if:
(a) Notwithstanding any other term in the Investment Agent expressly agrees (after consultation with each of the Participants) that it will accept communication of the information by this Subclause 38.5 (Use of websites), the Company may deliver any information required under Subclause 20.1(a)(i), 20.1(a)(iv) (Financial statements) or 20.4(a) (Information - miscellaneous) by posting it on to the electronic website xxx.xxxx.xxx and notifying the Facility Agent that the applicable information has been posted on that electronic website.method;
(b) 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) both the Company and the Facility Investment Agent designate an electronic website for this purpose;
(iii) the Company has notified the Facility Agent are aware of the address of and any relevant password specifications for the websiteDesignated Website; and
(ivc) the information posted is in a format previously agreed between the Company and the Facility Investment Agent.
15.11.2 If any Participant (a Paper Form Participant) does not agree to the delivery of information electronically then the Investment Agent shall notify the Company accordingly and the Company shall supply the information to the Investment Agent (in sufficient copies for each Paper Form Participant) in paper form. In any event the Company shall supply the Investment Agent with at least one copy in paper form of any information required to be provided by it.
15.11.3 The Facility Investment Agent must shall supply each relevant Lender Website Participant with the address of and any relevant password specifications for the websiteDesignated Website following designation of that website by the Company and the Investment Agent.
(c) 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 10 Business Days of request any other Lender, if that Lender so requests.
(d) 15.11.4 The Company must, shall promptly upon becoming aware of its occurrence, occurrence notify the Facility Investment Agent if:
(ia) the website Designated Website cannot be accessedaccessed due to technical failure;
(iib) the website password specifications for the Designated Website change;
(c) any new information which is required to be provided under this Agreement is posted onto the Designated Website;
(d) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or
(e) the Company becomes aware that the Designated Website or any information on posted onto the website Designated Website is or has been infected by any electronic virus or similar software;.
(iii15.11.5 If the Company notifies the Investment Agent under Clause 15.11.4(a) the password for the website is changed; or
(ivor Clause 15.11.4(e) any all information to be supplied provided by the Company under this Agreement is posted on after 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 date of that notice shall be supplied in paper form unless and until the Facility Investment Agent and each Website Participant is satisfied that the circumstances giving rise to the notification are no longer continuing.
15.11.6 Any Website Participant may request, through the Investment 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
Use of websites. (a) Notwithstanding Documents required to be delivered pursuant to Clause 20 (Information Covenants) (to the extent any other term such documents are included in this Subclause 38.5 materials otherwise filed with the Securities and Exchange Commission) may be delivered electronically and if so delivered, shall be deemed to have been delivered on the date:
(Use of websites), i) on which the Company may deliver any information required under Subclause 20.1(a)(i)posts such documents, 20.1(a)(ivor provides a link thereto on the Company’s website on the internet; or
(ii) (Financial statements) on which such documents are posted on the Company’s behalf on IntraLinks/IntraAgency or 20.4(a) (Information - miscellaneous) by posting it on another relevant website, if any, to the electronic website xxx.xxxx.xxx which each Lender and notifying the Facility Agent that have access (whether a commercial, third-party website or whether sponsored by the applicable information has been posted on that electronic website.
(b) Except as Facility Agent), provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website ifthat:
(i) the Company shall deliver one paper copy of such documents to either Facility Agent and or any Lender that requests the Lender agree;Company to deliver a paper copy until a written request to cease delivering paper copies is given by the Facility Agent or such Lender; and
(ii) the Company and shall notify the Facility Agent designate an electronic website (for this purpose;
(iiifurther notification to each Lender) the Company has notified the Facility Agent of the address posting 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 websiteany such documents.
(c) 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 10 Business Days of request any other Lender, if that Lender so requests.
(db) 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(iparagraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper form 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) Notwithstanding any other term in this Subclause 38.5 (Use of websites), the The Company may deliver any information required under Subclause 20.1(a)(i), 20.1(a)(iv) (Financial statements) or 20.4(a) (Information - miscellaneous) by posting it on to the electronic website xxx.xxxx.xxx and notifying the Facility Agent that the applicable information has been posted on that electronic website.
(b) Except as provided below, the Company may deliver any information satisfy its obligation under this Agreement to a Lender deliver any information in relation to those Lenders (the “Website Lenders”) who accept this method of communication by posting it on to this information onto an electronic website designated by the Company and the Agent (the “Designated Website”) if:
(i) the Facility Agent and expressly agrees (after consultation with each of the Lender agreeLenders) that it will accept communication of the information by this method;
(ii) both the Company and the Facility Agent designate an electronic website are aware of the address of and any relevant password specifications for this purpose;the Designated Website; and
(iii) the Company has notified the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format previously agreed between the Company and the Facility Agent. If any Lender (a “Paper Form Lender”) does not agree to the delivery of information electronically then the 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 Company shall supply the Agent with at least one copy in paper form of any information required to be provided by it.
(b) The Facility Agent must shall supply each relevant Website Lender with the address of and any relevant password specifications for the websiteDesignated Website following designation of that website by the Company and the Agent.
(c) 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 10 Business Days of request any other Lender, if that Lender so requests.
(d) The Company must, shall promptly upon becoming aware of its occurrence, occurrence notify the Facility Agent if:
(i) the website Designated Website cannot be accessedaccessed due to technical failure;
(ii) the website 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 Company becomes aware that the Designated Website or any information on posted onto the website Designated Website is or has been infected by any electronic virus or similar software;
. If the Company notifies the Agent under paragraph (iiia) the password for the website is changed; or
above or sub-paragraph (ivc)(v) any above, all information to be supplied provided by the Company under this Agreement is posted on after 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 date of that notice shall be supplied in paper form unless and until the 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 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
Use of websites. (a) Notwithstanding any other term in this Subclause 38.5 (Use of websites), the Company may deliver any information required under Subclause 20.1(a)(i), 20.1(a)(iv) (Financial statements) or 20.4(a) (Information - miscellaneous) by posting it on to the electronic website xxx.xxxx.xxx and notifying the Facility Agent that the applicable information has been posted on that electronic website.
(b) Except as provided below, the Company Borrowers 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 Lenders agree;
(ii) the Company Borrowers and the Facility Agent designate an electronic website for this purpose;
(iii) the Company has notified Borrowers notify 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 Borrowers and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(cb) Notwithstanding the above, the Company Borrowers 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 10 ten Business Days of request any other Lender, if that Lender so requests.
(dc) The Company must, Borrowers 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 sub-paragraphs(iparagraph (c)(i) or (ii) above occur, the Company Borrowers must supply any information required under this Agreement in paper form 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
Use of websites. (a) Notwithstanding any other term in this Subclause 38.5 (Use of websites), the 19.6.1 The Company may deliver any information required under Subclause 20.1(a)(i), 20.1(a)(iv) (Financial statements) or 20.4(a) (Information - miscellaneous) by posting it on to the electronic website xxx.xxxx.xxx and notifying the Facility Agent that the applicable information has been posted on that electronic website.
(b) Except as provided below, the Company may deliver any information satisfy its obligation under this Agreement to a Lender deliver any information in relation to those Lenders ( the "Website Lenders") who accept this method of communication by posting it on to this information onto an electronic website designated by the Company and the Agent (the "Designated Website") if:
(iA) the Facility Agent and expressly agrees (after consultation with each of the Lender agreeLenders) that it will accept communication of the information by this method;
(iiB) both the Company and the Facility Agent designate an electronic website for this purpose;
(iii) the Company has notified the Facility Agent are aware of the address of and any relevant password specifications for the websiteDesignated Website; and
(ivC) the information posted is in a format previously agreed between the Company and the Facility Agent.
19.6.2 If any Lender (a "Paper Form Lender") does not agree to the delivery of information electronically then the 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 Company shall supply the Agent with at least one copy in paper form of any information required to be provided by it.
19.6.3 The Facility Agent must shall supply each relevant Website Lender with the address of and any relevant password specifications for the websiteDesignated Website following designation of that website by the Company and the Agent.
(c) 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 10 Business Days of request any other Lender, if that Lender so requests.
(d) 19.6.4 The Company must, shall promptly upon becoming aware of its occurrence, occurrence notify the Facility Agent if:
(iA) the website Designated Website cannot be accessedaccessed due to technical failure;
(B) the password specifications for the Designated Website change;
(iiC) any new information which is required to be provided under this Agreement is posted onto the Designated Website;
(D) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or
(E) the website Company becomes aware that the Designated Website or any information on posted onto the website Designated Website is or has been infected by any electronic virus or similar software;software.
(iii19.6.5 If the Company notifies the Agent under paragraph 19.6.4(A) the password for the website is changed; or
(ivor paragraph 19.6.4(E) any above, all information to be supplied provided by the Company under this Agreement is posted on after 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 date of that notice shall be supplied in paper form unless and until the Facility Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing.
19.6.6 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 1 contract
Samples: Facility Agreement
Use of websites. 36.6.1 The Company may satisfy its obligation under this Agreement to deliver any information in relation to those Lenders (the “Website Lenders”) who accept this method of communication by posting this information onto an electronic website designated by the Company and the Agent (the “Designated Website”) if:
(a) Notwithstanding any other term in the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this Subclause 38.5 (Use of websites), the Company may deliver any information required under Subclause 20.1(a)(i), 20.1(a)(iv) (Financial statements) or 20.4(a) (Information - miscellaneous) by posting it on to the electronic website xxx.xxxx.xxx and notifying the Facility Agent that the applicable information has been posted on that electronic website.method;
(b) 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) both the Company and the Facility Agent designate an electronic website for this purpose;
(iii) the Company has notified the Facility Agent are aware of the address of and any relevant password specifications for the websiteDesignated Website; and
(ivc) the information posted is in a format previously agreed between the Company and the Facility Agent. If any Lender (a “Paper Form Lender”) does not agree to the delivery of information electronically then the 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 Company shall at its own cost supply the Agent with at least one copy in paper form of any information required to be provided by it.
36.6.2 The Facility Agent must shall supply each relevant Website Lender with the address of and any relevant password specifications for the websiteDesignated Website following designation of that website by the Company and the Agent.
(c) 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 10 Business Days of request any other Lender, if that Lender so requests.
(d) 36.6.3 The Company must, shall promptly upon becoming aware of its occurrence, occurrence notify the Facility Agent if:
(ia) the website Designated Website cannot be accessedaccessed due to technical failure;
(iib) the website password specifications for the Designated Website change;
(c) any new information which is required to be provided under this Agreement is posted onto the Designated Website;
(d) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or
(e) the Company becomes aware that the Designated Website or any information on posted onto the website Designated Website is or has been infected by any electronic virus or similar software;
. If the Company notifies the Agent under Clause 36.6.3 (iiia) the password for the website is changed; or
or 36.6.3 (ive) any above, all information to be supplied provided by the Company under this Agreement is posted on after 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 date of that notice shall be supplied in paper form unless and until the Facility Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing.
36.6.4 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 Company shall at its own cost comply with any such request within ten Business Days.
Appears in 1 contract
