DAMAGES AND, GENERALLY, TO THE
EXTENT PERMITTED BY APPLICABLE LAW, ALL DEMANDS, NOTICES AND OTHER FORMALITIES
OF EVERY KIND IN CONNECTION WITH THIS AGREEMENT (EXCEPT AS OTHERWISE PROVIDED IN
THIS AGREEMENT).
EACH BORROWER HEREBY ASSENTS TO, AND WAIVES NOTICE OF, ANY
EXTENSION OR POSTPONEMENT OF THE TIME FOR THE PAYMENT OF ANY OF THE OBLIGATIONS,
THE ACCEPTANCE OF ANY PAYMENT OF ANY OF THE OBLIGATIONS, THE ACCEPTANCE OF ANY
PARTIAL PAYMENT THEREON, ANY WAIVER, CONSENT OR OTHER ACTION OR ACQUIESCENCE BY
THE AGENT OR LENDERS AT ANY TIME OR TIMES IN RESPECT OF ANY DEFAULT BY ANY
BORROWER IN THE PERFORMANCE OR SATISFACTION OF ANY TERM, COVENANT, CONDITION OR
PROVISION OF THIS AGREEMENT, ANY AND ALL OTHER INDULGENCES WHATSOEVER BY AGENT
OR LENDERS IN RESPECT OF ANY OF THE OBLIGATIONS, AND THE TAKING, ADDITION,
SUBSTITUTION OR RELEASE, IN WHOLE OR IN PART, AT ANY TIME OR TIMES, OF ANY
SECURITY FOR ANY OF THE OBLIGATIONS OR THE ADDITION, SUBSTITUTION OR RELEASE, IN
WHOLE OR IN PART, OF ANY BORROWER.
WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, EACH BORROWER ASSENTS TO ANY OTHER ACTION OR DELAY IN ACTING OR
FAILURE TO ACT ON THE PART OF AGENT OR ANY LENDER WITH RESPECT TO THE FAILURE BY
ANY BORROWER TO COMPLY WITH ANY OF ITS RESPECTIVE OBLIGATIONS, INCLUDING,
WITHOUT LIMITATION, ANY FAILURE STRICTLY OR DILIGENTLY TO ASSERT ANY RIGHT OR TO
PURSUE ANY REMEDY OR TO COMPLY FULLY WITH APPLICABLE LAWS OR REGULATIONS
THEREUNDER, WHICH MIGHT, BUT FOR THE PROVISIONS OF THIS SECTION 2.15 AFFORD
GROUNDS FOR TERMINATING, DISCHARGING OR RELIEVING ANY BORROWER, IN WHOLE OR IN
PART, FROM ANY OF ITS OBLIGATIONS UNDER THIS SECTION 2.15, IT BEING THE
INTENTION OF EACH BORROWER THAT, SO LONG AS ANY OF THE OBLIGATIONS HEREUNDER
REMAIN UNSATISFIED, THE OBLIGATIONS OF EACH BORROWER UNDER THIS SECTION 2.15
SHALL NOT BE DISCHARGED EXCEPT BY PERFORMANCE AND THEN ONLY TO THE EXTENT OF
SUCH PERFORMANCE.
THE OBLIGATIONS OF EACH BORROWER UNDER THIS SECTION 2.15
SHALL NOT BE DIMINISHED OR RENDERED UNENFORCEABLE BY ANY WINDING UP,
REORGANIZATION, ARRANGEMENT, LIQUIDATION, RECONSTRUCTION OR SIMILAR PROCEEDING
WITH RESPECT TO ANY BORROWER OR AGENT OR ANY LENDER; IT BEING UNDERSTOOD THAT
OTHER PERSONS MAY ALSO BECOME LIABLE FOR THE OBLIGATIONS IN CONNECTION WITH
MERGERS, CONSOLIDATIONS OR OTHER CORPORATE REORGANIZATIONS.
(F)
EACH BORROWER REPRESENTS AND WARRANTS TO AGENT AND LENDERS THAT
SUCH BORROWER IS CURRENTLY INFORMED OF THE FINANCIAL CONDITION OF BORROWERS AND
OF ALL OTHER CIRCUMSTANCES WHICH A DILIGENT INQUIRY WOULD REVEAL AND WHICH BEAR
UPON THE RISK OF NONPAYMENT OF THE OBLIGATIONS.
EACH BORROWER FURTHER
REPRESENTS AND WARRANTS TO AGENT AND LENDERS THAT SUCH BORROWER HAS READ AND
UNDERSTANDS THE TERMS AND CONDITIONS OF THE LOAN DOCUMENTS.
EACH BORROWER
HEREBY COVENANTS THAT SUCH BORROWER WILL CONTINUE TO KEEP INFORMED OF BORROWERS'
FINANCIAL CONDITION, THE FINANCIAL CONDITION OF GUARANTORS, IF ANY, AND OF ALL
OTHER CIRCUMSTANCES WHICH BEAR UPON THE RISK OF NONPAYMENT OR NONPERFORMANCE OF
THE OBLIGATIONS.
(G)
THE PROVISIONS OF THIS SECTION 2.15 ARE MADE FOR THE BENEFIT OF
AGENT,