CONTAINS ONLY
PUBLICLY AVAILABLE INFORMATION, THE ADMINISTRATIVE AGENT SHALL POST SUCH
DOCUMENT OR NOTICE SOLELY ON THAT PORTION OF THE PLATFORM DESIGNATED FOR LENDERS
WHO WISH TO RECEIVE MATERIAL NONPUBLIC INFORMATION WITH RESPECT TO THE BORROWER,
ITS SUBSIDIARIES AND THEIR SECURITIES. NOTWITHSTANDING THE FOREGOING, THE
BORROWER SHALL USE COMMERCIALLY REASONABLE EFFORTS TO INDICATE WHETHER ANY
DOCUMENT OR NOTICE CONTAINS ONLY PUBLICLY AVAILABLE INFORMATION.
13.18.
USA PATRIOT ACT. EACH LENDER HEREBY NOTIFIES THE BORROWER THAT
PURSUANT TO THE REQUIREMENTS OF THE USA PATRIOT ACT (TITLE III OF PUB. L. 107-56
(SIGNED INTO LAW OCTOBER 26, 2001)) (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 EACH LOAN PARTY AND OTHER
INFORMATION THAT WILL ALLOW SUCH LENDER TO IDENTIFY EACH LOAN PARTY IN
ACCORDANCE WITH THE PATRIOT ACT.
13.19.
JUDGMENT CURRENCY. IF, FOR THE PURPOSES OF OBTAINING JUDGMENT IN ANY
COURT, IT IS NECESSARY TO CONVERT A SUM DUE HEREUNDER OR ANY OTHER LOAN DOCUMENT
IN ONE CURRENCY INTO ANOTHER CURRENCY, THE RATE OF EXCHANGE USED SHALL BE THAT
AT WHICH IN ACCORDANCE WITH
127
NORMAL BANKING PROCEDURES THE ADMINISTRATIVE AGENT COULD PURCHASE THE FIRST
CURRENCY WITH SUCH OTHER CURRENCY ON THE BUSINESS DAY PRECEDING THAT ON WHICH
FINAL JUDGMENT IS GIVEN. THE OBLIGATION OF THE BORROWER IN RESPECT OF ANY SUCH
SUM DUE FROM IT TO THE ADMINISTRATIVE AGENT OR THE LENDERS HEREUNDER OR UNDER
THE OTHER LOAN DOCUMENTS SHALL, NOTWITHSTANDING ANY JUDGMENT IN A CURRENCY (THE
"JUDGMENT CURRENCY") OTHER THAN THAT IN WHICH SUCH SUM IS DENOMINATED IN
ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THIS AGREEMENT (THE "AGREEMENT
CURRENCY"), BE DISCHARGED ONLY TO THE EXTENT THAT ON THE BUSINESS DAY FOLLOWING
RECEIPT BY THE ADMINISTRATIVE AGENT OF ANY SUM ADJUDGED TO BE SO DUE IN THE
JUDGMENT CURRENCY, THE ADMINISTRATIVE AGENT MAY IN ACCORDANCE WITH NORMAL
BANKING PROCEDURES PURCHASE THE AGREEMENT CURRENCY WITH THE JUDGMENT CURRENCY.
IF THE AMOUNT OF THE AGREEMENT CURRENCY SO PURCHASED IS LESS THAN THE SUM
ORIGINALLY DUE TO THE ADMINISTRATIVE AGENT FROM THE BORROWER IN THE AGREEMENT
CURRENCY, THE BORROWER AGREES, AS A SEPARATE OBLIGATION AND NOTWITHSTANDING ANY
SUCH JUDGMENT, TO INDEMNIFY THE ADMINISTRATIVE AGENT OR THE PERSON TO WHOM SUCH
OBLIGATION WAS OWING AGAINST SUCH LOSS. IF THE AMOUNT OF THE AGREEMENT CURRENCY
SO PURCHASED IS GREATER THAN THE SUM ORIGINALLY DUE TO THE ADMINISTRATIVE AGENT
IN SUCH CURRENCY, THE ADMINISTRATIVE AGENT AGREES TO RETURN THE AMOUNT OF ANY
EXCESS TO THE BORROWER (OR TO ANY OTHER PERSON WHO MAY BE ENTITLED THERETO UNDER
APPLICABLE LAW).
13.20.
PAYMENTS SET ASIDE. TO THE EXTENT THAT ANY PAYMENT BY OR ON BEHALF
OF THE BORROWER IS MADE TO ANY AGENT OR ANY LENDER, OR ANY AGENT OR ANY LENDER
EXERCISES ITS RIGHT OF SETOFF, AND SUCH PAYMENT OR THE PROCEEDS OF SUCH SETOFF
OR ANY PART THEREOF IS SUBSEQUENTLY INVALIDATED, DECLARED TO BE FRAUDULENT OR
PREFERENTIAL, SET ASIDE OR REQUIRED (INCLUDING PURSUANT TO ANY SETTLEMENT
ENTERED INTO BY SUCH