IN ANY WAY AFFECT THE MEANING OR
CONSTRUCTION OF ANY OF THE PROVISIONS HEREOF.
EXCEPT AS OTHERWISE EXPRESSLY
PROVIDED HEREIN AND IN THE OTHER CREDIT DOCUMENTS, IN THE EVENT OF ANY
INCONSISTENCY OR CONFLICT BETWEEN ANY PROVISION OF THIS AGREEMENT AND ANY
PROVISION OF ANY OF THE OTHER CREDIT DOCUMENTS, THE PROVISION OF THIS AGREEMENT
SHALL CONTROL.
11.13
CONFIDENTIALITY.
EACH OF THE ADMINISTRATIVE AGENT AND
EACH LENDER AGREES TO KEEP CONFIDENTIAL, PURSUANT TO ITS CUSTOMARY PROCEDURES
FOR HANDLING CONFIDENTIAL INFORMATION OF A SIMILAR NATURE AND IN ACCORDANCE WITH
SAFE AND SOUND BANKING PRACTICES, ALL NONPUBLIC INFORMATION PROVIDED TO IT BY OR
ON BEHALF OF THE COMPANY OR ANY OTHER CREDIT PARTY IN CONNECTION WITH THIS
AGREEMENT OR ANY OTHER CREDIT DOCUMENT; PROVIDED, HOWEVER, THAT EACH OF THE
ADMINISTRATIVE AGENT AND EACH LENDER MAY DISCLOSE SUCH INFORMATION (I) TO ITS
AFFILIATES, AND TO ITS AND ITS AFFILIATES' RESPECTIVE DIRECTORS, OFFICERS,
PARTNERS, EMPLOYEES, AGENTS, AUDITORS, COUNSEL AND OTHER ADVISORS SO LONG SUCH
PARTIES ARE INFORMED OF THE CONFIDENTIAL NATURE OF SUCH INFORMATION AND
INSTRUCTED TO KEEP SUCH INFORMATION CONFIDENTIAL, (II) AT THE DEMAND OR REQUEST
OF ANY BANK REGULATORY AUTHORITY, COURT OR OTHER GOVERNMENTAL AUTHORITY HAVING
OR ASSERTING JURISDICTION OVER THE ADMINISTRATIVE AGENT OR SUCH LENDER OR ANY OF
THEIR RESPECTIVE AFFILIATES, AS MAY BE REQUIRED PURSUANT TO SUBPOENA OR OTHER
LEGAL PROCESS, OR OTHERWISE IN ORDER TO COMPLY WITH ANY APPLICABLE REQUIREMENT
OF LAW, (III) IN CONNECTION WITH THE EXERCISE OF ANY REMEDIES HEREUNDER OR UNDER
ANY OTHER CREDIT DOCUMENT OR ANY HEDGE AGREEMENT OR ANY ACTION OR PROCEEDING
RELATING TO THIS AGREEMENT, ANY OTHER CREDIT DOCUMENT OR ANY HEDGE AGREEMENT OR
THE ENFORCEMENT OF RIGHTS HEREUNDER OR THEREUNDER, (IV) TO THE ADMINISTRATIVE
AGENT, THE ARRANGER OR ANY OTHER LENDER, (V) TO THE EXTENT THE SAME HAS BECOME
AVAILABLE TO THE ADMINISTRATIVE AGENT OR ANY LENDER ON A NONCONFIDENTIAL BASIS
FROM A SOURCE OTHER THAN THE COMPANY OR HAS BECOME PUBLICLY AVAILABLE OTHER THAN
AS A RESULT OF A BREACH OF THIS AGREEMENT, (VI) SUBJECT TO AN AGREEMENT
CONTAINING PROVISIONS SUBSTANTIALLY THE SAME AS THOSE IN THIS SECTION, TO ANY
ACTUAL OR PROSPECTIVE COUNTERPARTY (OR ITS ADVISORS) TO ANY SWAP OR DERIVATIVE
TRANSACTION RELATING TO THE COMPANY AND ITS OBLIGATIONS HEREUNDER, (VII) WITH
THE CONSENT OF THE COMPANY, AND (VIII) PURSUANT TO AND IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 11.7(F).
11.14
JUDGMENT CURRENCY.
IF, FOR THE PURPOSES OF OBTAINING
JUDGMENT IN ANY COURT, IT IS NECESSARY TO CONVERT A SUM DUE HEREUNDER OR UNDER
ANY OTHER CREDIT DOCUMENT IN ONE CURRENCY INTO ANOTHER CURRENCY, THE RATE OF
EXCHANGE USED SHALL BE THAT AT WHICH IN ACCORDANCE WITH NORMAL BANKING
PROCEDURES THE ADMINISTRATIVE AGENT COULD PURCHASE THE FIRST CURRENCY WITH SUCH
OTHER CURRENCY ON THE BUSINESS DAY PRECEDING THAT ON WHICH FINAL JUDGMENT IS
GIVEN.
THE OBLIGATION OF ANY CREDIT PARTY IN RESPECT OF ANY SUCH SUM DUE FROM
IT TO THE ADMINISTRATIVE AGENT OR ANY LENDER HEREUNDER OR UNDER THE OTHER CREDIT
DOCUMENTS SHALL, NOTWITHSTANDING ANY JUDGMENT IN A CURRENCY