Use of websites. 19.10.1. The Original Borrower 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 Original Borrower and the Facility Agent (the Designated Website) if: 19.10.1.1. the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; 19.10.1.2. both the Original Borrower and the Facility Agent are aware of the address of and any relevant password specifications for the Designated Website; and 19.10.1.3. the information is in a format previously agreed between the Original Borrower and the Facility Agent. If any Lender (a Paper Form Lender) does not agree to the delivery of information electronically then the Facility Agent shall notify the Original Borrower accordingly and the Original Borrower shall at its own cost supply the information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Original Borrower shall at its own cost supply the Facility Agent with at least one copy in paper form of any information required to be provided by it. 19.10.2. The Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Original Borrower and the Facility Agent. 19.10.3. The Original Borrower shall promptly upon becoming aware of its occurrence notify the Facility Agent if: 19.10.3.1. the Designated Website cannot be accessed due to technical failure; 19.10.3.2. the password specifications for the Designated Website change; 19.10.3.3. any new information which is required to be provided under this Agreement is posted onto the Designated Website; 19.10.3.4. any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or 19.10.3.5. the Original Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. 19.10.4. If the Original Borrower notifies the Facility Agent under Clause 19.10.3.1 or Clause 19.10.3.5, all information to be provided by the Original Borrower under this Agreement after the 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. 19.10.5. Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Original Borrower shall at its own cost comply with any such request within 10 (ten) Business Days.
Appears in 2 contracts
Samples: Term and Revolving Credit Facilities Agreement (Sibanye Gold LTD), Term and Revolving Credit Facilities Agreement (Sibanye Gold LTD)
Use of websites. 19.10.1. 20.8.1 The Original Borrower 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 Original Borrower and the Facility Agent (the Designated Website) if:
19.10.1.1. 20.8.1.1 the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method;
19.10.1.2. 20.8.1.2 both the Original Borrower and the Facility Agent are aware of the address of and any relevant password specifications for the Designated Website; and
19.10.1.3. 20.8.1.3 the information is in a format previously agreed between the Original Borrower and the Facility Agent. If any Lender (a Paper Form Lender) does not agree to the delivery of information electronically then the Facility Agent shall notify the Original Borrower accordingly and the Original Borrower shall at its own cost supply the information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Original Borrower shall at its own cost supply the Facility Agent with at least one copy in paper form of any information required to be provided by it.
19.10.2. 20.8.2 The Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Original Borrower and the Facility Agent.
19.10.3. 20.8.3 The Original Borrower shall promptly upon becoming aware of its occurrence notify the Facility Agent if:
19.10.3.1. 20.8.3.1 the Designated Website cannot be accessed due to technical failure;
19.10.3.2. 20.8.3.2 the password specifications for the Designated Website change;
19.10.3.3. 20.8.3.3 any new information which is required to be provided under this Agreement is posted onto the Designated Website;
19.10.3.4. 20.8.3.4 any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or
19.10.3.5. 20.8.3.5 the Original Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software.
19.10.4. If the Original Borrower notifies the Facility Agent under Clause 19.10.3.1 20.8.3.1 or Clause 19.10.3.520.8.3.5, all information to be provided by the Original Borrower under this Agreement after the 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.
19.10.5. 20.8.4 Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Original Borrower shall at its own cost comply with any such request within 10 (ten) Business Days.
Appears in 2 contracts
Samples: Term and Revolving Credit Facilities Agreement, Term and Revolving Credit Facilities Agreement (Sibanye Gold LTD)
Use of websites. 19.10.1. 21.11.1 The Original Borrower Obligors’ Agent 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 Original Borrower Obligors’ Agent and the Facility Agent (the Designated Website) if:
19.10.1.1. 21.11.1.1 the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method;
19.10.1.2. 21.11.1.2 both the Original Borrower Obligors’ Agent and the Facility Agent are aware of the address of and any relevant password specifications for the Designated Website; and
19.10.1.3. 21.11.1.3 the information is in a format previously agreed between the Original Borrower Obligors’ Agent and the Facility Agent. .
21.11.2 If any Lender (a Paper Form Lender) does not agree to the delivery of information electronically then the Facility Agent shall notify the Original Borrower Obligors’ Agent accordingly and the Original Borrower Common Terms Agreememt_Execution Obligors’ Agent shall at its own cost supply the information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Original Borrower Obligors’ Agent shall at its own cost supply the Facility Agent with at least one copy in paper form of any information required to be provided by it.
19.10.2. 21.11.3 The Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Original Borrower and the Facility Agent.
19.10.3. 21.11.4 The Original Borrower Obligors’ Agent shall promptly upon becoming aware of its occurrence notify the Facility Agent if:
19.10.3.1. 21.11.4.1 the Designated Website cannot be accessed due to technical failure;
19.10.3.2. 21.11.4.2 the password specifications for the Designated Website change;
19.10.3.3. 21.11.4.3 any new information which is required to be provided under this Agreement is posted onto the Designated Website;
19.10.3.4. 21.11.4.4 any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or
19.10.3.5. 21.11.4.5 the Original Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software.
19.10.4. 21.11.5 If the Original Borrower Obligors’ Agent notifies the Facility Agent under Clause 19.10.3.1 Clauses 21.11.4.1 or Clause 19.10.3.521.11.4.5 above, all information to be provided by the Original Borrower Obligors’ Agent under this Agreement after the 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.
19.10.5. 21.11.6 Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Original Borrower Obligors’ Agent shall at its own cost comply with any such request within 10 (ten) Business Days.
Appears in 1 contract
Samples: Common Terms Agreement (Harmony Gold Mining Co LTD)
Use of websites. 19.10.121.8.1. The Original Borrower 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 Original Borrower and the Facility Agent (the Designated Website) if:
19.10.1.121.8.1.1. the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method;
19.10.1.221.8.1.2. both the Original Borrower and the Facility Agent are aware of the address of and any relevant password specifications for the Designated Website; and
19.10.1.321.8.1.3. the information is in a format previously agreed between the Original Borrower and the Facility Agent.
21.8.2. If any Lender (a Paper Form Lender) does not agree to the delivery of information electronically then the Facility Agent shall notify the Original Borrower accordingly and the Original Borrower shall at its own cost supply the information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Original Borrower shall at its own cost supply the Facility Agent with at least one copy in paper form of any information required to be provided by it.
19.10.221.8.3. The Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Original Borrower and the Facility Agent.
19.10.321.8.4. The Original Borrower shall promptly upon becoming aware of its occurrence notify the Facility Agent if:
19.10.3.121.8.4.1. the Designated Website cannot be accessed due to technical failure;
19.10.3.221.8.4.2. the password specifications for the Designated Website change;
19.10.3.321.8.4.3. any new information which is required to be provided under this Agreement is posted onto the Designated Website;
19.10.3.421.8.4.4. any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or
19.10.3.521.8.4.5. the Original Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software.
19.10.4. If the Original Borrower notifies the Facility Agent under Clause 19.10.3.1 or Clause 19.10.3.5, all information to be provided by the Original Borrower under this Agreement after the 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.
19.10.5. Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Original Borrower shall at its own cost comply with any such request within 10 (ten) Business Days.
Appears in 1 contract
Samples: Term and Revolving Credit Facilities Agreement (Harmony Gold Mining Co LTD)
Use of websites. 19.10.1. 19.8.1 The Original Borrower Parent may satisfy its obligation under this Agreement the Finance Documents 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 Original Borrower Parent and the Facility Agent (the Designated Website) if:
19.10.1.1. 19.8.1.1 the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method;
19.10.1.2. 19.8.1.2 both the Original Borrower Parent and the Facility Agent are aware of the address of and any relevant password specifications for the Designated Website; andand Gold Fields_ RCF Table of Contents
19.10.1.3. 19.8.1.3 the information is in a format previously agreed between the Original Borrower Parent and the Facility Agent. .
19.8.2 If any Lender (a Paper Form Lender) does not agree to the delivery of information electronically then the Facility Agent shall notify the Original Borrower Parent accordingly and the Original Borrower Parent shall at its own cost supply the information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Original Borrower Parent shall at its own cost supply the Facility Agent with at least one copy in paper form of any information required to be provided by it.
19.10.2. 19.8.3 The Facility Agent shall supply each Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Original Borrower Parent and the Facility Agent.
19.10.3. 19.8.4 The Original Borrower Parent shall promptly upon becoming aware of its occurrence notify the Facility Agent if:
19.10.3.1. 19.8.4.1 the Designated Website cannot be accessed due to technical failure;
19.10.3.2. 19.8.4.2 the password specifications for the Designated Website change;
19.10.3.3. 19.8.4.3 any new information which is required to be provided under this Agreement the Finance Documents is posted onto the Designated Website;
19.10.3.4. 19.8.4.4 any existing information which has been provided under this Agreement the Finance Documents and posted onto the Designated Website is amended; or
19.10.3.5. 19.8.4.5 the Original Borrower Parent becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software.
19.10.4. 19.8.5 If the Original Borrower Parent notifies the Facility Agent under Clause 19.10.3.1 Clauses 19.8.4.1 or Clause 19.10.3.519.8.4.5 above, all information to be provided by the Original Borrower Parent under this Agreement the Finance Documents after the 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.
19.10.5. 19.8.6 Any Website Lender may request, through the Facility Agent, one 1 (one) paper copy of any information required to be provided under this Agreement the Finance Documents which is posted onto the Designated Website. The Original Borrower Parent shall at its own cost comply with any such request within 10 (ten) Business Days.
Appears in 1 contract
Samples: Zar Revolving Credit Facility Agreement (Gold Fields LTD)
