that
are provided to the Administrative Agent or such Lender relating to such tax
treatment and tax structure; provided that with respect to any document or
similar item that in either case contains information concerning the tax
treatment or tax structure of the transaction as well as other information, this
sentence shall only apply to such portions of the document or similar item that
relate to the tax treatment or tax structure of the Loans and transactions
contemplated hereby.
(B)
NO BORROWER OR SUBSIDIARY OF A BORROWER WILL IN THE FUTURE ISSUE ANY
PRESS RELEASES OR OTHER PUBLIC DISCLOSURE USING THE NAME OF "SOCIETE GENERAL",
"CIT LENDING SERVICES CORPORATION" OR ITS AFFILIATES OR ANY OTHER LENDER OR ITS
AFFILIATES OR REFERRING TO THIS AGREEMENT OR THE OTHER LOAN DOCUMENTS WITHOUT AT
LEAST TWO (2) BUSINESS DAYS' PRIOR NOTICE TO SUCH LENDER AND WITHOUT THE PRIOR
WRITTEN CONSENT OF SUCH LENDER UNLESS (AND ONLY TO THE EXTENT THAT) SUCH
BORROWER OR SUBSIDIARY OF A BORROWER IS REQUIRED TO DO SO UNDER LAW AND THEN, IN
ANY EVENT, SUCH BORROWER OR SUBSIDIARY OF A BORROWER WILL CONSULT WITH SUCH
LENDER BEFORE ISSUING SUCH PRESS RELEASE OR OTHER PUBLIC DISCLOSURE.
THE
BORROWERS HEREBY CONSENT TO THE PUBLICATION BY ANY LENDER OF A TOMBSTONE OR
SIMILAR ADVERTISING MATERIAL RELATING TO THE FINANCING TRANSACTIONS CONTEMPLATED
BY THIS AGREEMENT.
EACH LENDER RESERVES THE RIGHT TO PROVIDE TO INDUSTRY TRADE
ORGANIZATIONS INFORMATION NECESSARY AND CUSTOMARY FOR INCLUSION IN LEAGUE TABLE
MEASUREMENTS.
SECTION 12.09
SET-OFF.
IN ADDITION TO ANY RIGHTS AND REMEDIES OF
THE LENDERS PROVIDED BY LAW, UPON THE OCCURRENCE AND DURING THE CONTINUANCE OF
ANY EVENT OF DEFAULT, EACH LENDER AND ANY AFFILIATE OF A LENDER IS AUTHORIZED AT
ANY TIME AND FROM TIME TO TIME, WITH THE PRIOR WRITTEN CONSENT OF THE
ADMINISTRATIVE AGENT, BUT WITHOUT PRIOR NOTICE TO THE BORROWERS OR ANY OTHER
LOAN PARTY, ANY SUCH NOTICE BEING WAIVED BY THE BORROWERS (ON ITS OWN BEHALF AND
ON BEHALF OF EACH LOAN PARTY) TO THE FULLEST EXTENT PERMITTED BY LAW, TO SET OFF
AND APPLY ANY AND ALL DEPOSITS (GENERAL OR SPECIAL, TIME OR DEMAND, PROVISIONAL
OR FINAL) AT ANY TIME HELD BY, AND OTHER INDEBTEDNESS AT ANY TIME OWING BY, SUCH
LENDER OR SUCH AFFILIATE TO OR FOR THE CREDIT OR THE ACCOUNT OF THE RESPECTIVE
LOAN PARTIES AGAINST ANY AND ALL OBLIGATIONS OWING TO SUCH LENDER HEREUNDER OR
UNDER ANY OTHER LOAN DOCUMENT, NOW OR HEREAFTER EXISTING, IRRESPECTIVE OF
WHETHER OR NOT THE ADMINISTRATIVE AGENT OR SUCH LENDER SHALL HAVE MADE DEMAND
UNDER THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AND ALTHOUGH SUCH OBLIGATIONS
MAY BE CONTINGENT OR UNMATURED OR DENOMINATED IN A CURRENCY DIFFERENT FROM THAT
OF THE APPLICABLE DEPOSIT OR INDEBTEDNESS.
EACH LENDER AGREES PROMPTLY TO
NOTIFY THE BORROWERS AND THE ADMINISTRATIVE AGENT AFTER ANY SUCH SET-OFF AND
APPLICATION MADE BY SUCH LENDER; PROVIDED, HOWEVER, THAT THE FAILURE TO GIVE
SUCH NOTICE SHALL NOT AFFECT THE VALIDITY OF SUCH SET-OFF AND APPLICATION.
SECTION 12.10
INTEREST RATE LIMITATION.
NOTWITHSTANDING ANYTHING