THE BORROWER AND SIGN THE NAME OF THE
BORROWER TO VERIFICATIONS OF THE RECEIVABLES AND ON ANY NOTICE TO THE ACCOUNT
DEBTORS,
(K)
OPEN THE BORROWER'S MAIL,
(L)
NOTIFY THE POST OFFICE AUTHORITIES TO CHANGE THE ADDRESS FOR
DELIVERY OF THE BORROWER'S MAIL TO AN ADDRESS DESIGNATED BY THE ADMINISTRATIVE
AGENT, AND
(M)
USE THE INFORMATION RECORDED ON OR CONTAINED IN ANY DATA PROCESSING
EQUIPMENT AND COMPUTER HARDWARE AND SOFTWARE RELATING TO THE RECEIVABLES,
INVENTORY OR OTHER COLLATERAL TO WHICH THE BORROWER OR ANY SUBSIDIARY HAS
ACCESS.
SECTION 12.5
MISCELLANEOUS PROVISIONS CONCERNING REMEDIES.
(A)
RIGHTS CUMULATIVE.
THE RIGHTS AND REMEDIES OF THE ADMINISTRATIVE
AGENT AND THE LENDERS UNDER THIS AGREEMENT, THE NOTES AND EACH OF THE LOAN
DOCUMENTS SHALL BE CUMULATIVE AND NOT EXCLUSIVE OF ANY RIGHTS OR REMEDIES WHICH
IT WOULD OTHERWISE HAVE.
IN EXERCISING SUCH RIGHTS AND REMEDIES, THE
ADMINISTRATIVE AGENT MAY BE SELECTIVE AND NO FAILURE OR DELAY BY THE
ADMINISTRATIVE AGENT OR ANY LENDER IN EXERCISING ANY RIGHT SHALL OPERATE AS A
WAIVER OF SUCH RIGHT NOR SHALL ANY SINGLE OR PARTIAL EXERCISE OF ANY POWER OR
RIGHT PRECLUDE ITS OTHER OR FURTHER EXERCISE OR THE EXERCISE OF ANY OTHER POWER
OR RIGHT.
89
(B)
WAIVER OF MARSHALLING.
THE BORROWER HEREBY WAIVES ANY RIGHT TO
REQUIRE ANY MARSHALLING OF ASSETS AND ANY SIMILAR RIGHT.
(C)
LIMITATION OF LIABILITY.
NOTHING CONTAINED IN THIS ARTICLE 12 OR
ELSEWHERE IN THIS AGREEMENT OR IN ANY OF THE LOAN DOCUMENTS SHALL BE CONSTRUED
AS REQUIRING OR OBLIGATING THE ADMINISTRATIVE AGENT OR ANY AGENT OR DESIGNEE OF
THE ADMINISTRATIVE AGENT TO MAKE ANY DEMAND OR TO MAKE ANY INQUIRY AS TO THE
NATURE OR SUFFICIENCY OF ANY PAYMENT RECEIVED BY IT OR TO PRESENT OR FILE ANY
CLAIM OR NOTICE OR TAKE ANY ACTION WITH RESPECT TO ANY RECEIVABLE OR ANY OTHER
COLLATERAL OR THE MONEYS DUE OR TO BECOME DUE THEREUNDER OR IN CONNECTION
THEREWITH OR TO TAKE ANY STEPS NECESSARY TO PRESERVE ANY RIGHTS AGAINST PRIOR
PARTIES, AND NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS AGENTS OR DESIGNEES
NOR ANY LENDER SHALL HAVE ANY LIABILITY TO THE BORROWER FOR ACTIONS TAKEN
PURSUANT TO THIS ARTICLE 12, ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OF THE
LOAN DOCUMENTS, SO LONG AS THE ADMINISTRATIVE AGENT OR SUCH AGENT OR DESIGNEE
SHALL ACT REASONABLY AND IN GOOD FAITH.
(D)
APPOINTMENT OF RECEIVER.
IN ANY ACTION UNDER THIS ARTICLE 12, THE
ADMINISTRATIVE AGENT SHALL BE ENTITLED TO THE APPOINTMENT OF A RECEIVER, TO THE
EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT NOTICE OF ANY KIND WHATSOEVER, TO
TAKE POSSESSION OF ALL OR ANY PORTION OF THE COLLATERAL AND TO EXERCISE SUCH
POWER AS THE COURT SHALL CONFER UPON SUCH RECEIVER.
SECTION 12.6
PROPRIETARY RIGHTS LICENSE.
THE BORROWER HEREBY GRANTS
TO THE ADMINISTRATIVE AGENT THE NONEXCLUSIVE RIGHT AND LICENSE TO USE THE
PROPRIETARY RIGHTS OF THE BORROWER FOR THE PURPOSES SET FORTH IN SECTION 12.2(B)
AND FOR THE PURPOSE OF ENABLING THE ADMINISTRATIVE AGENT TO PROCESS AND REALIZE
ON THE COLLATERAL AND