GROSS NEGLIGENCE, BAD
FAITH OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THE CREDIT DOCUMENTS.
(D)
THE BORROWER AND EACH LENDER ACKNOWLEDGE THAT CERTAIN OF THE
LENDERS MAY BE "PUBLIC-SIDE" LENDERS (LENDERS THAT DO NOT WISH TO RECEIVE
MATERIAL NON-PUBLIC INFORMATION WITH RESPECT TO THE BORROWER, ITS SUBSIDIARIES
OR THEIR SECURITIES) AND, IF DOCUMENTS OR NOTICES REQUIRED TO BE DELIVERED
PURSUANT TO THE CREDIT DOCUMENTS OR OTHERWISE ARE BEING DISTRIBUTED THROUGH THE
PLATFORM, ANY DOCUMENT OR NOTICE THAT THE BORROWER HAS INDICATED CONTAINS ONLY
PUBLICLY AVAILABLE INFORMATION WITH RESPECT TO THE BORROWER MAY BE POSTED ON
THAT PORTION OF THE PLATFORM DESIGNATED FOR SUCH PUBLIC-SIDE LENDERS. IF THE
BORROWER HAS NOT INDICATED WHETHER A DOCUMENT OR NOTICE DELIVERED CONTAINS ONLY
PUBLICLY AVAILABLE INFORMATION, THE ADMINISTRATIVE AGENT SHALL POST SUCH
DOCUMENT OR NOTICE SOLELY ON THAT PORTION OF THE PLATFORM DESIGNATED FOR LENDERS
WHO WISH TO RECEIVE MATERIAL NONPUBLIC INFORMATION WITH RESPECT TO THE BORROWER,
ITS SUBSIDIARIES AND THEIR SECURITIES. NOTWITHSTANDING THE FOREGOING, THE
BORROWER SHALL USE COMMERCIALLY REASONABLE EFFORTS TO INDICATE WHETHER ANY
DOCUMENT OR NOTICE CONTAINS ONLY PUBLICLY AVAILABLE INFORMATION.
138
13.18.
USA PATRIOT ACT. EACH LENDER HEREBY NOTIFIES THE BORROWER THAT
PURSUANT TO THE REQUIREMENTS OF THE USA PATRIOT ACT (TITLE III OF PUB. L. 107-56
(SIGNED INTO LAW OCTOBER 26, 2001)) (THE "PATRIOT ACT"), IT IS REQUIRED TO
OBTAIN, VERIFY AND RECORD INFORMATION THAT IDENTIFIES EACH CREDIT PARTY, WHICH
INFORMATION INCLUDES THE NAME AND ADDRESS OF EACH CREDIT PARTY AND OTHER
INFORMATION THAT WILL ALLOW SUCH LENDER TO IDENTIFY EACH CREDIT PARTY IN
ACCORDANCE WITH THE PATRIOT ACT.
13.19.
JUDGMENT CURRENCY. IF, FOR THE PURPOSES OF OBTAINING JUDGMENT IN ANY
COURT, IT IS NECESSARY TO CONVERT A SUM DUE HEREUNDER OR 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 THE
BORROWER IN RESPECT OF ANY SUCH SUM DUE FROM IT TO THE ADMINISTRATIVE AGENT OR
THE LENDERS HEREUNDER OR UNDER THE OTHER CREDIT DOCUMENTS SHALL, NOTWITHSTANDING
ANY JUDGMENT IN A CURRENCY (THE "JUDGMENT CURRENCY") OTHER THAN THAT IN WHICH
SUCH SUM IS DENOMINATED IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THIS
AGREEMENT (THE "AGREEMENT CURRENCY"), BE DISCHARGED ONLY TO THE EXTENT THAT ON
THE BUSINESS DAY FOLLOWING RECEIPT BY THE ADMINISTRATIVE AGENT OF ANY SUM
ADJUDGED TO BE SO DUE IN THE JUDGMENT CURRENCY, THE ADMINISTRATIVE AGENT MAY IN
ACCORDANCE WITH NORMAL BANKING PROCEDURES PURCHASE THE AGREEMENT CURRENCY WITH
THE JUDGMENT CURRENCY. IF THE AMOUNT OF THE AGREEMENT CURRENCY SO PURCHASED IS
LESS THAN THE SUM ORIGINALLY DUE TO THE ADMINISTRATIVE AGENT FROM THE BORROWER
IN THE AGREEMENT CURRENCY, THE BORROWER AGREES, AS A SEPARATE OBLIGATION AND
NOTWITHSTANDING ANY SUCH JUDGMENT, TO INDEMNIFY THE ADMINISTRATIVE AGENT OR THE
PERSON TO WHOM SUCH OBLIGATION WAS OWING AGAINST SUCH LOSS. IF THE AMOUNT OF