WRITTEN NOTICE OF SUCH REQUIREMENT SO THAT THE BORROWER MAY OBTAIN AN
APPROPRIATE PROTECTIVE ORDER OR AGREEMENT TO HOLD ITS CONFIDENTIAL AND
PROPRIETARY INFORMATION CONFIDENTIAL, (V) TO THE EXTENT REQUESTED BY ANY
REGULATORY AGENCY OR AUTHORITY, (VI) TO THE EXTENT THAT SUCH INFORMATION BECOMES
PUBLICLY AVAILABLE OTHER THAN AS A RESULT OF A BREACH OF THIS SECTION 10.11, OR
WHICH BECOMES AVAILABLE TO THE ADMINISTRATIVE AGENT, THE ISSUING BANK, ANY
LENDER OR ANY RELATED PARTY OF ANY OF THE FOREGOING ON A NON-CONFIDENTIAL BASIS
FROM A SOURCE OTHER THAN THE
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BORROWER WHICH DID NOT BREACH ANY CONFIDENTIALITY OR OTHER OBLIGATION OWED TO
THE BORROWER OR ANY SUBSIDIARY, (VII) IN CONNECTION WITH THE EXERCISE OF ANY
REMEDY HEREUNDER OR ANY SUIT, ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR
THE ENFORCEMENT OF RIGHTS HEREUNDER, (VIII) SUBJECT TO ITS AGREEMENT TO
PROVISIONS SUBSTANTIALLY SIMILAR TO THIS SECTION 10.11, TO ANY ACTUAL OR
PROSPECTIVE ASSIGNEE OR PARTICIPANT, OR (IX) WITH THE PRIOR WRITTEN CONSENT OF
THE BORROWER SIGNED BY A RESPONSIBLE OFFICER. ANY PERSON REQUIRED TO MAINTAIN
THE CONFIDENTIALITY OF ANY INFORMATION AS PROVIDED FOR IN THIS SECTION 10.11
SHALL BE CONSIDERED TO HAVE COMPLIED WITH ITS OBLIGATION TO DO SO IF SUCH PERSON
HAS EXERCISED THE SAME DEGREE OF CARE TO MAINTAIN THE CONFIDENTIALITY OF SUCH
INFORMATION AS SUCH PERSON WOULD ACCORD ITS OWN CONFIDENTIAL INFORMATION.
SECTION 10.12.
INTEREST RATE LIMITATION. NOTWITHSTANDING ANYTHING HEREIN
TO THE CONTRARY, IF AT ANY TIME THE INTEREST RATE APPLICABLE TO ANY LOAN,
TOGETHER WITH ALL FEES, CHARGES AND OTHER AMOUNTS WHICH MAY BE TREATED AS
INTEREST ON SUCH LOAN UNDER APPLICABLE LAW (COLLECTIVELY, THE "CHARGES"), SHALL
EXCEED THE MAXIMUM LAWFUL RATE OF INTEREST (THE "MAXIMUM RATE") WHICH MAY BE
CONTRACTED FOR, CHARGED, TAKEN, RECEIVED OR RESERVED BY A LENDER HOLDING SUCH
LOAN IN ACCORDANCE WITH APPLICABLE LAW, THE RATE OF INTEREST PAYABLE IN RESPECT
OF SUCH LOAN HEREUNDER, TOGETHER WITH ALL CHARGES PAYABLE IN RESPECT THEREOF,
SHALL BE LIMITED TO THE MAXIMUM RATE AND, TO THE EXTENT LAWFUL, THE INTEREST AND
CHARGES THAT WOULD HAVE BEEN PAYABLE IN RESPECT OF SUCH LOAN BUT WERE NOT
PAYABLE AS A RESULT OF THE OPERATION OF THIS SECTION 10.12 SHALL BE CUMULATED
AND THE INTEREST AND CHARGES PAYABLE TO SUCH LENDER IN RESPECT OF OTHER LOANS OR
PERIODS SHALL BE INCREASED (BUT NOT ABOVE THE MAXIMUM RATE THEREFOR) UNTIL SUCH
CUMULATED AMOUNT, TOGETHER WITH INTEREST THEREON AT THE FEDERAL FUNDS RATE TO
THE DATE OF REPAYMENT, SHALL HAVE BEEN RECEIVED BY SUCH LENDER.
SECTION 10.13.
WAIVER OF EFFECT OF CORPORATE SEAL. THE BORROWER
REPRESENTS AND WARRANTS THAT NEITHER IT NOR ANY OTHER LOAN PARTY IS REQUIRED TO
AFFIX ITS CORPORATE SEAL TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT PURSUANT
TO ANY REQUIREMENT OF LAW OR REGULATION, AGREES THAT THIS AGREEMENT IS DELIVERED
BY BORROWER UNDER SEAL AND WAIVES ANY SHORTENING OF THE STATUTE OF LIMITATIONS
THAT MAY RESULT FROM NOT AFFIXING THE CORPORATE SEAL TO THIS AGREEMENT OR SUCH
OTHER LOAN DOCUMENTS.
SECTION 10.14.
PATRIOT ACT.