POSSIBLE, THE ECONOMIC, BUSINESS AND OTHER PURPOSES OF
SUCH INVALID, ILLEGAL OR UNENFORCEABLE PROVISION.
11.10
RULES OF CONSTRUCTION.
UNLESS THE CONTEXT OTHERWISE
REQUIRES, "OR" IS NOT EXCLUSIVE, "INCLUDING" IS NOT LIMITING, AND REFERENCES TO
SECTIONS OR SUBSECTIONS REFER TO SECTIONS
57
OR SUBSECTIONS OF THIS AGREEMENT.
REFERENCES IN THIS AGREEMENT TO ANY
AGREEMENT, OTHER DOCUMENT OR LAW "AS AMENDED" OR "AS AMENDED FROM TIME TO TIME,"
OR TO AMENDMENTS OF ANY DOCUMENT OR LAW, SHALL INCLUDE ANY AMENDMENTS,
SUPPLEMENTS, REPLACEMENTS, RENEWALS, WAIVERS OR OTHER MODIFICATIONS.
REFERENCES
IN THIS AGREEMENT TO ANY LAW (OR ANY PART THEREOF) INCLUDE ANY SUCCESSOR LAW AND
ANY RULES AND REGULATIONS PROMULGATED THEREUNDER (OR WITH RESPECT TO SUCH PART)
BY THE RELEVANT GOVERNMENTAL AUTHORITY, AS AMENDED FROM TIME TO TIME.
11.11
ENTIRE AGREEMENT.
THIS AGREEMENT, TOGETHER WITH THE
EXHIBITS AND SCHEDULES HERETO AND THE OTHER INVESTMENT DOCUMENTS, IS INTENDED BY
THE PARTIES AS A FINAL EXPRESSION OF THEIR AGREEMENT AND INTENDED TO BE A
COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT AND UNDERSTANDING OF THE
PARTIES HERETO IN RESPECT OF THE SUBJECT MATTER CONTAINED HEREIN AND THEREIN.
THERE ARE NO RESTRICTIONS, PROMISES, WARRANTIES OR UNDERTAKINGS, OTHER THAN
THOSE SET FORTH OR REFERRED TO HEREIN OR THEREIN.
THIS AGREEMENT, TOGETHER WITH
THE EXHIBITS AND SCHEDULES HERETO, AND THE OTHER INVESTMENT DOCUMENTS SUPERSEDE
ALL PRIOR AGREEMENTS AND UNDERSTANDINGS BETWEEN THE PARTIES WITH RESPECT TO SUCH
SUBJECT MATTER.
11.12
CERTAIN EXPENSES.
THE COMPANY WILL PAY ALL REASONABLE
EXPENSES OF THE PURCHASER (INCLUDING REASONABLE FEES, CHARGES AND DISBURSEMENTS
OF COUNSEL) IN CONNECTION WITH THE TRANSACTION (INCLUDING ANY REQUEST BY THE
COMPANY FOR CONSENT BY THE PURCHASERS TO THE TRANSACTION AND THE SATISFACTION OF
THE RELEASE CONDITIONS AS DEFINED IN AND PURSUANT TO THE CASH COLLATERAL PLEDGE
AGREEMENT IN CONNECTION THEREWITH), ANY AMENDMENT, SUPPLEMENT, MODIFICATION OR
WAIVER OF OR TO ANY PROVISION OF THIS AGREEMENT OR ANY OF THE OTHER INVESTMENT
DOCUMENTS OR ANY DOCUMENTS RELATING THERETO (INCLUDING, A RESPONSE TO A REQUEST
BY THE COMPANY FOR THE PURCHASER'S CONSENT TO ANY ACTION OTHERWISE PROHIBITED
HEREUNDER OR THEREUNDER), OR CONSENT TO ANY DEPARTURE FROM, THE TERMS OF ANY
PROVISION OF THIS AGREEMENT OR SUCH OTHER DOCUMENTS, ENFORCEMENT OF ANY OF THE
INVESTMENT DOCUMENTS AND COLLECTION OF ANY PAYMENTS DUE TO THE PURCHASER
THEREUNDER OR INVOLVEMENT OR PARTICIPATION IN ANY BANKRUPTCY OR INSOLVENCY CASE
OR PROCEEDING, INSOLVENCY PROCEEDING OR WORK-OUT.
11.13
PUBLICITY.
EXCEPT AS PERMITTED IN SECTION 9.15 OR AS
OTHERWISE MAY BE REQUIRED BY APPLICABLE LAW, NONE OF THE PARTIES HERETO SHALL
ISSUE A PUBLICITY RELEASE OR ANNOUNCEMENT OR OTHERWISE MAKE ANY PUBLIC
DISCLOSURE CONCERNING THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY,
WITHOUT PRIOR APPROVAL BY THE OTHER PARTY HERETO.
IF ANY ANNOUNCEMENT IS
REQUIRED BY LAW TO BE MADE BY ANY PARTY HERETO, PRIOR TO MAKING SUCH
ANNOUNCEMENT SUCH PARTY WILL DELIVER A DRAFT OF SUCH ANNOUNCEMENT TO THE OTHER
PARTIES AND SHALL GIVE THE OTHER PARTIES AN OPPORTUNITY TO COMMENT THEREON.
NOTWITHSTANDING THE FOREGOING, WMF AND ITS AFFILIATES MAY LIST THE COMPANY'S
NAME AND LOGO AND DESCRIBE THE