NOTIFY THE ADMINISTRATIVE AGENT FROM TIME TO TIME OF SUCH
LENDER'S DESIGNEE'S E-MAIL ADDRESS TO WHICH NOTICE OF THE AVAILABILITY OF
RESTRICTING INFORMATION MAY BE SENT BY ELECTRONIC TRANSMISSION.
(F)
EACH LENDER ACKNOWLEDGES THAT COMMUNICATIONS DELIVERED HEREUNDER
AND UNDER THE OTHER LOAN DOCUMENTS MAY CONTAIN RESTRICTING INFORMATION AND THAT
SUCH COMMUNICATIONS ARE AVAILABLE TO ALL LENDERS GENERALLY.
EACH LENDER THAT
ELECTS NOT TO TAKE ACCESS TO RESTRICTING INFORMATION DOES SO VOLUNTARILY AND, BY
SUCH ELECTION, ACKNOWLEDGES AND AGREES THAT THE ADMINISTRATIVE AGENT AND OTHER
LENDERS MAY HAVE ACCESS TO RESTRICTING INFORMATION THAT IS NOT AVAILABLE TO SUCH
ELECTING LENDER.
NONE OF THE ADMINISTRATIVE AGENT NOR ANY LENDER WITH ACCESS TO
RESTRICTING INFORMATION SHALL HAVE ANY DUTY TO DISCLOSE SUCH RESTRICTING
INFORMATION TO SUCH ELECTING LENDER OR TO USE SUCH RESTRICTING INFORMATION ON
BEHALF OF SUCH ELECTING LENDER, AND SHALL NOT BE LIABLE FOR THE FAILURE TO SO
DISCLOSE OR USE, SUCH RESTRICTING INFORMATION.
(G)
CLAUSES (C), (D), (E) AND (F) OF THIS SECTION 9.09 ARE DESIGNED TO
ASSIST THE ADMINISTRATIVE AGENT, THE LENDERS AND THE LOAN PARTIES, IN COMPLYING
WITH THEIR RESPECTIVE CONTRACTUAL OBLIGATIONS AND APPLICABLE LAW IN
CIRCUMSTANCES WHERE CERTAIN LENDERS EXPRESS A DESIRE NOT TO RECEIVE RESTRICTING
INFORMATION NOTWITHSTANDING THAT CERTAIN COMMUNICATIONS HEREUNDER OR UNDER THE
OTHER LOAN DOCUMENTS OR OTHER INFORMATION PROVIDED TO THE LENDERS HEREUNDER OR
THEREUNDER MAY CONTAIN RESTRICTING INFORMATION.
NEITHER THE ADMINISTRATIVE
AGENT NOR ANY OF ITS AGENT-RELATED PERSONS WARRANTS OR MAKES ANY OTHER STATEMENT
WITH RESPECT TO THE ADEQUACY OF SUCH PROVISIONS TO ACHIEVE SUCH PURPOSE NOR DOES
THE ADMINISTRATIVE AGENT OR ANY OF ITS AGENT-RELATED PERSONS WARRANT OR MAKE ANY
OTHER STATEMENT TO THE EFFECT THAT A LOAN PARTY OR LENDER'S ADHERENCE TO SUCH
PROVISIONS WILL BE SUFFICIENT TO ENSURE COMPLIANCE BY SUCH LOAN PARTY OR LENDER
WITH ITS CONTRACTUAL OBLIGATIONS OR ITS DUTIES UNDER APPLICABLE LAW IN RESPECT
OF RESTRICTING INFORMATION AND EACH OF THE LENDERS AND EACH LOAN PARTY ASSUMES
THE RISKS ASSOCIATED THEREWITH.
Section 9.10
Patriot Act Notice.
Each Lender and each Agent (for
itself and not on behalf of any Lender) hereby notifies the Loan Parties that
pursuant to the requirements of the Patriot Act, it is required to obtain,
verify and record information that identifies each Loan Party, which information
includes the name and address of such Loan Party and other information that will
allow such Lender or such Agent, as applicable, to identify such Loan Party in
accordance with the Patriot Act.
The Borrower shall, and shall cause each of
its Subsidiaries to, provide such information and take such actions as are
reasonably requested by any Agents or any Lender in order to assist the Agents
and the Lenders in maintaining compliance with the Patriot Act.
Section 9.11
Jurisdiction, Etc.
(A)
EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY
SUBMITS, FOR ITSELF AND ITS PROPERTY, TO THE NONEXCLUSIVE JURISDICTION OF ANY
NEW YORK STATE COURT OR FEDERAL COURT OF THE UNITED STATES OF AMERICA SITTING IN
NEW YORK CITY, AND ANY APPELLATE COURT FROM ANY