OR REQUIRED TO PAY INTEREST ON THE PROJECT LOAN OR LOAN
CHARGES AT A RATE WHICH COULD SUBJECT THE HOLDER OF THE PROJECT LOAN NOTES TO
EITHER CIVIL OR CRIMINAL LIABILITY AS A RESULT OF BEING IN EXCESS OF THE MAXIMUM
RATE PERMITTED BY APPLICABLE LAW.
IF BY THE TERMS OF ANY PROJECT LOAN DOCUMENT,
ANY BORROWER ENTITY IS AT ANY TIME REQUIRED OR OBLIGATED TO PAY INTEREST ON THE
PROJECT LOAN OR LOAN CHARGES AT A RATE IN EXCESS OF SUCH MAXIMUM RATE, THE RATE
OF INTEREST OR LOAN CHARGES UNDER THE PROJECT LOAN NOTES SHALL BE DEEMED TO BE
IMMEDIATELY REDUCED TO SUCH MAXIMUM RATE AND THE INTEREST PAYABLE SHALL BE
COMPUTED AT SUCH MAXIMUM RATE AND ALL PRIOR INTEREST PAYMENTS OR LOAN CHARGES IN
EXCESS OF SUCH MAXIMUM RATE SHALL BE APPLIED AND SHALL BE DEEMED TO HAVE BEEN
PAYMENT IN REDUCTION OF THE OUTSTANDING PRINCIPAL.
ALL SUMS PAID OR AGREED TO
BE PAID TO LENDERS FOR THE USE, FORBEARANCE, OR DETENTION OF THE PROJECT LOAN OR
FOR LOAN CHARGES SHALL, TO THE EXTENT PERMITTED BY APPLICABLE LAW, BE AMORTIZED,
PRORATED, ALLOCATED, AND SPREAD THROUGHOUT THE FULL STATED TERM OF THE PROJECT
LOAN NOTES UNTIL PAYMENT IN FULL SO THAT THE RATE OR AMOUNT OF INTEREST ON
ACCOUNT OF THE PROJECT LOAN DOES NOT EXCEED THE MAXIMUM RATE FROM TIME TO TIME
IN EFFECT AND APPLICABLE TO THE PROJECT LOAN FOR SO LONG AS THE PROJECT LOAN IS
OUTSTANDING.
SECTION 11.22
SUCCESSIVE ACTIONS.
A SEPARATE RIGHT OF ACTION
HEREUNDER SHALL ARISE IN FAVOR OF (A) AGENT OR (B) ANY OTHER INDEMNIFIED PARTY,
AS THE CASE MAY BE, EACH TIME AGENT OR SUCH INDEMNIFIED PARTY ACQUIRES KNOWLEDGE
OF ANY MATTER INDEMNIFIED BY BORROWER HEREUNDER.
SEPARATE AND SUCCESSIVE
ACTIONS BY AGENT OR ANY INDEMNIFIED PARTY MAY BE BROUGHT HEREUNDER TO ENFORCE
ANY OF THE PROVISIONS HEREOF AT
140
ANY TIME AND FROM TIME TO TIME.
TO THE EXTENT PERMITTED BY LAW, NO ACTION
HEREUNDER SHALL PRECLUDE ANY SUBSEQUENT ACTION, AND BORROWER HEREBY WARRANTS AND
COVENANTS NOT TO ASSERT ANY DEFENSE IN THE NATURE OF SPLITTING OF CAUSES OF
ACTION OR MERGER OF JUDGMENTS.
SECTION 11.23
CONFIDENTIALITY.
BORROWER AND AGENT, FOR ITSELF AND
ON BEHALF OF LENDERS, ACKNOWLEDGE THAT IN CONNECTION WITH THE PROJECT LOAN,
CERTAIN INFORMATION SHALL BE PROVIDED WHICH THE PROVIDING PARTY DEEMS
PROPRIETARY AND CONFIDENTIAL (SUCH INFORMATION, THE "INFORMATION").
PROVIDED
THAT THE PROVIDING PARTY SPECIFIES IN WRITING, AT THE TIME OF ITS SUBMISSION TO
THE RECEIVING PARTY, THAT SUCH INFORMATION IS CONFIDENTIAL, BORROWER AGREES AND
AGENT, FOR ITSELF AND ON BEHALF OF LENDERS, AGREES, THAT THE INFORMATION SHALL
BE KEPT CONFIDENTIAL AND SHALL NOT BE DISCLOSED TO ANY THIRD PARTY EXCEPT (A) AS
MAY BE REQUIRED BY ANY APPLICABLE COURT ORDER OR DECREE, OR LEGAL OR
ADMINISTRATIVE PROCESS; (B) AS NECESSARY IN CONNECTION WITH THE ENFORCEMENT BY
AGENT OF ITS RIGHTS UNDER THE PROJECT LOAN DOCUMENTS AND THE NYTC COMPLETION
GUARANTY; (C) AS MAY BE REQUIRED BY ANY GOVERNMENTAL AUTHORITY, BANK REGULATORY
BODY OR REPRESENTATIVE OF