AGENT FOR THE
RELEVANT FINANCE PARTIES) SHALL BE REGARDED AS ACTING THROUGH ITS AGENCY
DIVISION WHICH SHALL BE TREATED AS A SEPARATE ENTITY FROM ANY OTHER OF ITS
DIVISIONS OR DEPARTMENTS.
(B)
IF INFORMATION IS RECEIVED BY ANOTHER DIVISION OR
DEPARTMENT OF THE FACILITY AGENT IT MAY BE TREATED AS CONFIDENTIAL TO THAT
DIVISION OR DEPARTMENT AND THE FACILITY AGENT SHALL NOT BE DEEMED TO HAVE NOTICE
OF IT.
(C)
NOTWITHSTANDING ANY OTHER PROVISION OF ANY
RELEVANT FINANCE DOCUMENT TO THE CONTRARY, THE RELEVANT FINANCE PARTIES ARE NOT
OBLIGED TO DISCLOSE TO ANY OTHER PERSON (I) ANY CONFIDENTIAL INFORMATION OR
(II) ANY OTHER INFORMATION IF THE DISCLOSURE WOULD, OR MIGHT IN ITS REASONABLE
OPINION, CONSTITUTE A BREACH OF ANY LAW.
(D)
NOTWITHSTANDING ANY OTHER PROVISION OF ANY RELEVANT
FINANCE DOCUMENT, THE PARTIES (AND EACH EMPLOYEE, REPRESENTATIVE OR OTHER AGENT
OF THE PARTIES) MAY DISCLOSE TO ANY AND ALL PERSONS, WITHOUT LIMITATION OF ANY
KIND, THE TAX TREATMENT AND ANY FACTS THAT MAY BE RELEVANT TO THE TAX STRUCTURE
OF THE TRANSACTION, PROVIDED, HOWEVER, THAT NO PARTY (AND NO EMPLOYEE,
REPRESENTATIVE, OR OTHER AGENT THEREOF) SHALL DISCLOSE ANY OTHER INFORMATION
THAT IS NOT RELEVANT TO UNDERSTANDING THE TAX TREATMENT AND TAX STRUCTURE OF THE
TRANSACTION (INCLUDING THE IDENTITY OF ANY PARTY AND ANY INFORMATION THAT COULD
LEAD ANOTHER TO DETERMINE THE IDENTITY OF ANY PARTY), OR ANY OTHER INFORMATION
TO THE EXTENT THAT SUCH DISCLOSURE COULD REASONABLY RESULT IN A VIOLATION OF ANY
APPLICABLE SECURITIES LAW.
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30.13
FACILITY OFFICE
The Facility Agent may treat each Lender as a Lender, entitled to payments under
this Agreement and acting through its Facility Office unless it has received not
less than 5 Business Days prior notice from that Lender to the contrary in
accordance with the terms of this Agreement.
30.14
LENDERS' MANDATORY COST DETAILS
To the extent applicable, each Lender shall supply the Facility Agent with any
information required by the Facility Agent in order to calculate the Mandatory
Cost in accordance with Schedule 7 (Mandatory Cost Formula).
30.15
CREDIT APPRAISAL BY THE LENDERS
Without affecting the responsibility of the Parent or any Obligor for
information supplied by it or on its behalf in connection with any Relevant
Finance Document, each Lender, L/C Bank and Ancillary Facility Lender confirms
to each of the Facility Agent, the Bookrunners, the Arrangers, each L/C Bank and
each Ancillary Facility Lender that it has been, and will continue to be, solely
responsible for making its own independent appraisal and investigation of all
risks arising under or in connection with any Relevant Finance Document
including but not limited to:
(A)
THE FINANCIAL CONDITION, STATUS AND NATURE OF EACH
MEMBER OF THE GROUP;
(B)
THE LEGALITY, VALIDITY, EFFECTIVENESS, ADEQUACY OR
ENFORCEABILITY OF ANY RELEVANT FINANCE DOCUMENT AND ANY OTHER AGREEMENT,
ARRANGEMENT OR DOCUMENT ENTERED INTO, MADE OR EXECUTED IN ANTICIPATION OF, UNDER
OR IN CONNECTION WITH ANY RELEVANT FINANCE DOCUMENT;
(C)
WHETHER THAT LENDER HAS RECOURSE, AND THE NATURE
AND EXTENT OF THAT RECOURSE, AGAINST ANY PARTY