UNDER ANY LOAN DOCUMENT TO BE TRANSMITTED TO THE LENDERS) OMITTED TO BE
TRANSMITTED BY THE ADMINISTRATIVE AGENT, INCLUDING AS TO COMPLETENESS, ACCURACY,
SCOPE OR ADEQUACY THEREOF, OR FOR THE SCOPE, NATURE OR RESULTS OF ANY DUE
DILIGENCE PERFORMED BY THE ADMINISTRATIVE AGENT IN CONNECTION WITH THE LOAN
DOCUMENTS; AND
(IV)
SHALL NOT HAVE ANY DUTY TO ASCERTAIN OR TO INQUIRE AS TO THE
PERFORMANCE OR OBSERVANCE OF ANY PROVISION OF ANY LOAN DOCUMENT, WHETHER ANY
CONDITION SET FORTH IN ANY LOAN DOCUMENT IS SATISFIED OR WAIVED, AS TO THE
FINANCIAL CONDITION OF ANY LOAN PARTY OR AS TO THE EXISTENCE OR CONTINUATION OR
POSSIBLE OCCURRENCE OR CONTINUATION OF ANY DEFAULT AND SHALL NOT BE DEEMED TO
HAVE NOTICE OR KNOWLEDGE OF SUCH OCCURRENCE OR CONTINUATION UNLESS IT HAS
RECEIVED A NOTICE FROM THE BORROWER, ANY LENDER OR L/C ISSUER DESCRIBING SUCH
DEFAULT CLEARLY LABELED "NOTICE OF DEFAULT" (IN WHICH CASE THE ADMINISTRATIVE
AGENT SHALL PROMPTLY GIVE NOTICE OF SUCH RECEIPT TO ALL LENDERS);
and, for each of the items set forth in clauses (i) through (iv) above, each
Lender, L/C Issuer, Holdings and the Borrower hereby waives and agrees not to
assert (and each of Holdings and the Borrower shall cause each other Loan Party
to waive and agree not to
103
assert) any right, claim or cause of action it might have against the
Administrative Agent based thereon.
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SECTION 3.6
ADMINISTRATIVE AGENT INDIVIDUALLY.
THE ADMINISTRATIVE
AGENT AND ITS AFFILIATES MAY MAKE LOANS AND OTHER EXTENSIONS OF CREDIT TO,
ACQUIRE STOCK AND STOCK EQUIVALENTS OF, ENGAGE IN ANY KIND OF BUSINESS WITH, ANY
LOAN PARTY OR AFFILIATE THEREOF AS THOUGH IT WERE NOT ACTING AS ADMINISTRATIVE
AGENT AND MAY RECEIVE SEPARATE FEES AND OTHER PAYMENTS THEREFOR.
WITHOUT
LIMITING THE FOREGOING, THE ADMINISTRATIVE AGENT AND ITS AFFILIATES MAY RECEIVE
FEES, CHARGES AND EXPENSES IN RESPECT OF SECURED HEDGING SUPPORT DOCUMENTS OR
THE ARRANGEMENT OF INTEREST RATE CONTRACTS AND OTHER TRANSACTIONS SUPPORTED BY
SECURED HEDGING SUPPORT DOCUMENTS; PROVIDED, HOWEVER, THAT GE CAPITAL AND ITS
AFFILIATES SHALL LOOK TO THE BENEFICIARY OF A SECURED HEDGING SUPPORT DOCUMENT
FOR PAYMENT OF SUCH FEES, CHARGES AND EXPENSES, AND SUCH BENEFICIARY MAY FACTOR
SUCH FEES, CHARGES AND EXPENSES INTO THE PRICING OF THE INTEREST RATE CONTRACTS
AND OTHER TRANSACTIONS SUPPORTED BY SUCH SECURED HEDGING SUPPORT DOCUMENT.
TO
THE EXTENT THE ADMINISTRATIVE AGENT OR ANY OF ITS AFFILIATES MAKES ANY LOAN OR
OTHERWISE BECOMES A LENDER HEREUNDER, IT SHALL HAVE AND MAY EXERCISE THE SAME
RIGHTS AND POWERS HEREUNDER AND SHALL BE SUBJECT TO THE SAME OBLIGATIONS AND
LIABILITIES AS ANY OTHER LENDER AND THE TERMS "LENDER", "REVOLVING CREDIT
LENDER", "TERM B LOAN LENDER", "REQUIRED LENDER", "REQUIRED REVOLVING CREDIT
LENDER" AND "REQUIRED TERM B LOAN LENDER" AND ANY SIMILAR TERMS SHALL, EXCEPT
WHERE OTHERWISE EXPRESSLY PROVIDED IN ANY LOAN DOCUMENT, INCLUDE, WITHOUT
LIMITATION, THE ADMINISTRATIVE AGENT OR SUCH AFFILIATE, AS THE CASE MAY BE, IN
ITS INDIVIDUAL CAPACITY AS LENDER, REVOLVING CREDIT LENDER, TERM B LOAN LENDER
OR AS ONE OF THE REQUIRED