any such "blocked
person" or in any manner violative of any such order.
10.19
Time of the Essence.
Time is of the essence of the Loan Documents.
148
10.20
Press Releases.
(A)
EACH CREDIT PARTY EXECUTING THIS AGREEMENT AGREES THAT NEITHER IT
NOR ITS AFFILIATES WILL IN THE FUTURE ISSUE ANY PRESS RELEASES OR OTHER PUBLIC
DISCLOSURE USING THE NAME OF ADMINISTRATIVE AGENT OR ITS AFFILIATES OR REFERRING
TO THIS AGREEMENT OR THE OTHER LOAN DOCUMENTS WITHOUT AT LEAST TWO (2) BUSINESS
DAYS PRIOR NOTICE TO ADMINISTRATIVE AGENT AND WITHOUT THE PRIOR WRITTEN CONSENT
OF ADMINISTRATIVE AGENT UNLESS (AND ONLY TO THE EXTENT THAT) SUCH CREDIT PARTY
OR AFFILIATE IS REQUIRED TO DO SO UNDER APPLICABLE LAW AND THEN, IN ANY EVENT,
SUCH CREDIT PARTY OR AFFILIATE WILL CONSULT WITH THE ADMINISTRATIVE AGENT BEFORE
ISSUING SUCH PRESS RELEASE OR OTHER PUBLIC DISCLOSURE.
(B)
EACH LOAN PARTY CONSENTS TO THE PUBLICATION BY ADMINISTRATIVE AGENT
OR ANY LENDER OF ADVERTISING MATERIAL RELATING TO THE FINANCING TRANSACTIONS
CONTEMPLATED BY THIS AGREEMENT USING ANY LOAN PARTY'S NAME, PRODUCT PHOTOGRAPHS,
LOGO OR TRADEMARK.
ADMINISTRATIVE AGENT OR SUCH LENDER SHALL PROVIDE A DRAFT
REASONABLY IN ADVANCE OF ANY ADVERTISING MATERIAL TO THE LEAD BORROWER FOR
REVIEW AND COMMENT PRIOR TO THE PUBLICATION THEREOF.
ADMINISTRATIVE AGENT
RESERVES THE RIGHT TO PROVIDE TO INDUSTRY TRADE ORGANIZATIONS INFORMATION
NECESSARY AND CUSTOMARY FOR INCLUSION IN LEAGUE TABLE MEASUREMENTS
10.21
Additional Waivers.
(A)
THE OBLIGATIONS HEREUNDER ARE THE JOINT AND SEVERAL OBLIGATION OF
EACH BORROWER.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE
OBLIGATIONS OF EACH LOAN PARTY SHALL NOT BE AFFECTED BY (I) THE FAILURE OF ANY
CREDIT PARTY TO ASSERT ANY CLAIM OR DEMAND OR TO ENFORCE OR EXERCISE ANY RIGHT
OR REMEDY AGAINST ANY OTHER LOAN PARTY UNDER THE PROVISIONS OF THIS AGREEMENT,
ANY OTHER LOAN DOCUMENT OR OTHERWISE, (II) ANY RESCISSION, WAIVER, AMENDMENT OR
MODIFICATION OF, OR ANY RELEASE FROM ANY OF THE TERMS OR PROVISIONS OF, THIS
AGREEMENT OR ANY OTHER LOAN DOCUMENT (EXCEPT AS EXPRESSLY SET FORTH IN SUCH
RECISSION, WAIVER, AMENDMENT OR MODIFICATION), (III) THE FAILURE TO PERFECT ANY
SECURITY INTEREST IN, OR THE RELEASE OF, ANY OF THE COLLATERAL OR OTHER SECURITY
HELD BY OR ON BEHALF OF THE COLLATERAL AGENT OR ANY OTHER CREDIT PARTY, OR
(IV) THE LACK OF LEGAL EXISTENCE OF ANY LOAN PARTY OR LEGAL OBLIGATION TO
DISCHARGE ANY OF THE OBLIGATIONS BY ANY LOAN PARTY FOR ANY REASON WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, IN ANY INSOLVENCY, BANKRUPTCY OR REORGANIZATION
OF ANY LOAN PARTY.
(B)
THE OBLIGATIONS OF EACH LOAN PARTY HEREUNDER SHALL NOT BE SUBJECT TO
ANY REDUCTION, LIMITATION, IMPAIRMENT OR TERMINATION FOR ANY REASON (OTHER THAN
THE INDEFEASIBLE PAYMENT IN FULL IN CASH OF THE OBLIGATIONS AFTER THE
TERMINATION OF THE COMMITMENTS), INCLUDING ANY CLAIM OF WAIVER, RELEASE,
SURRENDER, ALTERATION OR COMPROMISE OF ANY OF THE OBLIGATIONS, AND SHALL NOT BE
SUBJECT TO ANY DEFENSE OR SETOFF, COUNTERCLAIM, RECOUPMENT OR TERMINATION
WHATSOEVER BY REASON OF THE INVALIDITY, ILLEGALITY OR UNENFORCEABILITY OF ANY OF
THE OBLIGATIONS OR