THE ADMINISTRATIVE AGENT, OR ANY LENDER OR ANY
OTHER ANY PERSON WHICH INCREASES THE SCOPE OF SUCH BORROWER'S RISK; AND IN EACH
CASE DESCRIBED IN THIS PARAGRAPH WHETHER OR NOT ANY BORROWER SHALL HAVE NOTICE
OR KNOWLEDGE OF ANY OF THE FOREGOING, EACH OF WHICH IS SPECIFICALLY WAIVED BY
EACH BORROWER.
EACH BORROWER WARRANTS TO THE LENDERS THAT IT HAS ADEQUATE MEANS
TO OBTAIN FROM EACH OTHER BORROWER ON A CONTINUING BASIS INFORMATION CONCERNING
THE FINANCIAL CONDITION AND OTHER MATTERS WITH RESPECT TO THE BORROWERS AND THAT
IT IS NOT RELYING ON THE ADMINISTRATIVE AGENT OR THE LENDERS TO PROVIDE SUCH
INFORMATION EITHER NOW OR IN THE FUTURE.
SECTION 9.16.
WAIVERS, ETC.
EACH BORROWER UNCONDITIONALLY WAIVES: (A) NOTICE
OF ANY OF THE MATTERS REFERRED TO IN SECTION 9.15 ABOVE; (B) ALL NOTICES WHICH
MAY BE REQUIRED BY STATUTE, RULE OR LAW OR OTHERWISE TO PRESERVE ANY RIGHTS OF
THE ADMINISTRATIVE AGENT, OR ANY LENDER, INCLUDING, WITHOUT LIMITATION,
PRESENTMENT TO AND DEMAND OF PAYMENT OR PERFORMANCE FROM THE OTHER BORROWERS AND
PROTECT FOR NON-PAYMENT OR DISHONOR; (C) ANY RIGHT TO THE EXERCISE BY THE
ADMINISTRATIVE AGENT, OR ANY LENDER OF ANY RIGHT, REMEDY, POWER OR PRIVILEGE IN
CONNECTION WITH ANY OF THE LOAN
DOCUMENTS; (D) ANY REQUIREMENT THAT THE
ADMINISTRATIVE AGENT, OR ANY LENDER, IN THE EVENT OF ANY DEFAULT BY ANY
BORROWER, FIRST MAKE DEMAND UPON OR SEEK TO ENFORCE REMEDIES AGAINST, SUCH
BORROWER OR ANY OTHER BORROWER BEFORE DEMANDING PAYMENT UNDER OR SEEKING TO
ENFORCE THIS AGREEMENT AGAINST ANY OTHER BORROWER; (E) ANY RIGHT TO NOTICE OF
THE DISPOSITION OF ANY SECURITY WHICH THE ADMINISTRATIVE AGENT, OR ANY LENDER
MAY HOLD FROM ANY BORROWER OR OTHERWISE; AND (F) ALL ERRORS AND OMISSIONS IN
CONNECTION WITH THE ADMINISTRATIVE AGENT, OR ANY LENDER'S ADMINISTRATION OF ANY
OF THE OBLIGATIONS, ANY OF THE LOAN DOCUMENTS', OR ANY OTHER ACT OR OMISSION OF
THE ADMINISTRATIVE AGENT, OR ANY LENDER WHICH CHANGES THE SCOPE OF THE
BORROWER'S RISK, EXCEPT AS A RESULT OF THE GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT OF THE ADMINISTRATIVE AGENT, OR ANY LENDER.
THE OBLIGATIONS OF EACH
BORROWER HEREUNDER SHALL BE COMPLETE AND BINDING FORTHWITH UPON THE
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execution of this Agreement and subject to no condition whatsoever, precedent or
otherwise, and notice of acceptance hereof or action in reliance hereon shall
not be required.
SECTION 9.17.
SEVERAL OBLIGATIONS; NONRELIANCE; VIOLATION OF LAW. THE
RESPECTIVE OBLIGATIONS OF THE LENDERS HEREUNDER ARE SEVERAL AND NOT JOINT AND
THE FAILURE OF ANY LENDER TO MAKE ANY LOAN OR PERFORM ANY OF ITS OBLIGATIONS
HEREUNDER SHALL NOT RELIEVE ANY OTHER LENDER FROM ANY OF ITS OBLIGATIONS
HEREUNDER. EACH LENDER HEREBY REPRESENTS THAT IT IS NOT RELYING ON OR LOOKING TO
ANY MARGIN STOCK FOR THE REPAYMENT OF THE BORROWINGS PROVIDED FOR HEREIN.
ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY NOTWITHSTANDING, NEITHER
THE ISSUING BANK NOR ANY LENDER SHALL BE OBLIGATED TO EXTEND CREDIT TO ANY
BORROWER IN VIOLATION OF ANY REQUIREMENT OF LAW.
SECTION 9.18.
DISCLOSURE. EACH BORROWER AND EACH LENDER HEREBY