SUCH COUNSEL, ACCOUNTANTS OR
EXPERTS; (III) MAKES NO WARRANTY OR REPRESENTATION TO ANY LENDER AND SHALL NOT
BE RESPONSIBLE TO ANY LENDER FOR ANY STATEMENTS, WARRANTIES OR REPRESENTATIONS
(WHETHER WRITTEN OR ORAL) MADE IN OR IN CONNECTION WITH ANY LOAN DOCUMENT; (IV)
SHALL NOT HAVE ANY DUTY TO ASCERTAIN OR TO INQUIRE AS TO THE PERFORMANCE,
OBSERVANCE OR SATISFACTION OF ANY OF THE TERMS, COVENANTS OR CONDITIONS OF THIS
AGREEMENT OR ANY OTHER LOAN DOCUMENTS ON THE PART OF THE BORROWER OR THE
EXISTENCE AT ANY TIME OF ANY DEFAULT OR TO INSPECT THE PROPERTY (INCLUDING THE
BOOKS AND RECORDS) OF THE BORROWER; (V) SHALL NOT BE RESPONSIBLE TO ANY LENDER
FOR THE DUE EXECUTION, LEGALITY, VALIDITY, ENFORCEABILITY, GENUINENESS,
SUFFICIENCY OR VALUE OF THIS AGREEMENT, ANY OF THE OTHER LOAN DOCUMENTS OR ANY
OTHER INSTRUMENT OR DOCUMENT FURNISHED PURSUANT THERETO; AND (VI) SHALL INCUR NO
LIABILITY UNDER OR IN RESPECT OF ANY LOAN DOCUMENT BY ACTING UPON ANY NOTICE,
CONSENT, CERTIFICATE OR OTHER INSTRUMENT OR WRITING (WHICH MAY BE BY TELECOPIER,
TELEGRAM OR TELEX) BELIEVED BY IT TO BE GENUINE AND SIGNED OR SENT BY THE PROPER
PARTY OR PARTIES.
SECTION 7.03.
CSFB AND AFFILIATES.
WITH RESPECT TO THE LOANS MADE BY
IT AND THE NOTE ISSUED TO IT, CSFB SHALL HAVE THE SAME RIGHTS AND POWERS UNDER
THIS AGREEMENT AS ANY OTHER LENDER AND MAY EXERCISE THE SAME AS THOUGH IT WERE
NOT THE ADMINISTRATIVE AGENT; AND THE TERM "LENDER" OR "LENDERS" SHALL, UNLESS
OTHERWISE EXPRESSLY INDICATED, INCLUDE CSFB IN ITS INDIVIDUAL CAPACITY.
CSFB
AND ITS AFFILIATES MAY ACCEPT DEPOSITS FROM, LEND MONEY TO, ACT AS TRUSTEE UNDER
INDENTURES OF, ACCEPT INVESTMENT BANKING ENGAGEMENTS FROM AND GENERALLY ENGAGE
IN ANY KIND OF BUSINESS WITH, THE BORROWER, ANY OF ITS SUBSIDIARIES AND ANY
PERSON WHO MAY DO BUSINESS WITH OR OWN SECURITIES OF THE BORROWER OR ANY SUCH
SUBSIDIARY, ALL AS IF CSFB WERE NOT THE ADMINISTRATIVE AGENT AND WITHOUT ANY
DUTY TO ACCOUNT THEREFOR TO THE LENDERS.
THE ADMINISTRATIVE AGENT SHALL HAVE NO
DUTY TO DISCLOSE INFORMATION OBTAINED OR RECEIVED BY IT OR ANY OF ITS AFFILIATES
RELATING TO THE BORROWER OR ITS SUBSIDIARIES TO THE EXTENT SUCH INFORMATION WAS
OBTAINED OR RECEIVED IN ANY CAPACITY OTHER THAN AS ADMINISTRATIVE AGENT.
SECTION 7.04.
LENDER CREDIT DECISION.
EACH LENDER ACKNOWLEDGES THAT IT
HAS, INDEPENDENTLY AND WITHOUT RELIANCE UPON THE ADMINISTRATIVE AGENT OR ANY
OTHER LENDER AND BASED ON THE FINANCIAL STATEMENTS REFERRED TO IN SECTION 4.01
AND SUCH OTHER DOCUMENTS AND INFORMATION AS IT HAS DEEMED APPROPRIATE, MADE ITS
OWN CREDIT ANALYSIS AND DECISION TO ENTER INTO THIS AGREEMENT.
EACH LENDER ALSO
ACKNOWLEDGES THAT IT WILL, INDEPENDENTLY AND WITHOUT RELIANCE UPON THE
ADMINISTRATIVE AGENT OR ANY OTHER LENDER AND BASED ON SUCH DOCUMENTS AND
INFORMATION AS IT SHALL DEEM APPROPRIATE AT THE TIME, CONTINUE TO MAKE ITS OWN
CREDIT DECISIONS IN TAKING OR NOT TAKING ACTION UNDER THIS AGREEMENT.
49
SECTION 7.05.
INDEMNIFICATION.
THE LENDERS AGREE TO INDEMNIFY THE
ADMINISTRATIVE AGENT (TO THE EXTENT NOT REIMBURSED BY THE BORROWER)