ITS OFFICES IN CHICAGO, ILLINOIS A COPY
OF EACH ASSIGNMENT AND ASSUMPTION DELIVERED TO IT AND A REGISTER FOR THE
RECORDATION OF THE NAMES AND ADDRESSES OF THE LENDERS, AND THE COMMITMENTS OF,
AND PRINCIPAL AMOUNTS OF THE LOANS OWING TO, EACH LENDER PURSUANT TO THE TERMS
HEREOF FROM TIME TO TIME (THE "REGISTER").
THE ENTRIES IN THE REGISTER SHALL BE
CONCLUSIVE, AND THE BORROWER, THE AGENT AND THE LENDERS MAY TREAT EACH PERSON
WHOSE NAME IS RECORDED IN THE REGISTER PURSUANT TO THE TERMS HEREOF AS A LENDER
HEREUNDER FOR ALL PURPOSES OF THIS AGREEMENT, NOTWITHSTANDING NOTICE TO THE
CONTRARY.
THE REGISTER SHALL BE AVAILABLE FOR INSPECTION BY THE BORROWER AND
ANY LENDER, AT ANY REASONABLE TIME AND FROM TIME TO TIME UPON REASONABLE PRIOR
NOTICE.
12.4
DISSEMINATION OF INFORMATION.
THE BORROWER AUTHORIZES EACH LENDER
TO DISCLOSE TO ANY PARTICIPANT OR PURCHASER OR ANY OTHER PERSON ACQUIRING AN
INTEREST IN THE LOAN DOCUMENTS BY OPERATION OF LAW (EACH A "TRANSFEREE") AND ANY
PROSPECTIVE TRANSFEREE ANY AND ALL INFORMATION IN SUCH LENDER'S POSSESSION
CONCERNING THE CREDITWORTHINESS OF THE BORROWER AND ITS SUBSIDIARIES, INCLUDING
WITHOUT LIMITATION ANY INFORMATION CONTAINED IN ANY REPORTS; PROVIDED THAT EACH
TRANSFEREE AND PROSPECTIVE TRANSFEREE AGREES TO BE BOUND BY SECTION 9.11 OF THIS
AGREEMENT.
12.5
TAX TREATMENT.
IF ANY INTEREST IN ANY LOAN DOCUMENT IS TRANSFERRED
TO ANY TRANSFEREE WHICH IS NOT INCORPORATED UNDER THE LAWS OF THE UNITED STATES
OR ANY STATE THEREOF, THE TRANSFEROR LENDER SHALL CAUSE SUCH TRANSFEREE,
CONCURRENTLY WITH THE EFFECTIVENESS OF SUCH TRANSFER, TO COMPLY WITH THE
PROVISIONS OF SECTION 3.5(D).
51
ARTICLE XIII
NOTICES
13.1
NOTICES.
EXCEPT AS OTHERWISE PERMITTED BY SECTION 2.14 WITH
RESPECT TO BORROWING NOTICES, ALL NOTICES, REQUESTS AND OTHER COMMUNICATIONS TO
ANY PARTY HEREUNDER SHALL BE IN WRITING (INCLUDING ELECTRONIC TRANSMISSION,
FACSIMILE TRANSMISSION OR SIMILAR WRITING) AND SHALL BE GIVEN TO SUCH PARTY: (X)
IN THE CASE OF THE BORROWER OR THE AGENT, AT ITS ADDRESS OR FACSIMILE NUMBER SET
FORTH ON THE SIGNATURE PAGES HEREOF, (Y) IN THE CASE OF ANY LENDER, AT ITS
ADDRESS OR FACSIMILE NUMBER SET FORTH BELOW ITS SIGNATURE HERETO OR (Z) IN THE
CASE OF ANY PARTY, AT SUCH OTHER ADDRESS OR FACSIMILE NUMBER AS SUCH PARTY MAY
HEREAFTER SPECIFY FOR THE PURPOSE BY NOTICE TO THE AGENT AND THE BORROWER IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION 13.1.
EACH SUCH NOTICE, REQUEST
OR OTHER COMMUNICATION SHALL BE EFFECTIVE (I) IF GIVEN BY FACSIMILE
TRANSMISSION, WHEN TRANSMITTED TO THE FACSIMILE NUMBER SPECIFIED IN THIS
SECTION AND CONFIRMATION OF RECEIPT IS RECEIVED, (II) IF GIVEN BY MAIL, 72 HOURS
AFTER SUCH COMMUNICATION IS DEPOSITED IN THE MAILS WITH FIRST CLASS POSTAGE
PREPAID, ADDRESSED AS AFORESAID, OR (III) IF GIVEN BY ANY OTHER MEANS, WHEN
DELIVERED (OR, IN THE CASE OF ELECTRONIC TRANSMISSION, RECEIVED) AT THE ADDRESS
SPECIFIED IN THIS SECTION; PROVIDED THAT NOTICES TO THE AGENT UNDER ARTICLE II
SHALL NOT BE EFFECTIVE UNTIL RECEIVED.
13.2
CHANGE OF ADDRESS.
THE BORROWER, THE AGENT AND ANY LENDER MAY EACH
CHANGE