DISSOLUTION, LIQUIDATION OR SIMILAR DEBTOR
RELIEF LAWS), THE MAXIMUM AMOUNT THAT WOULD NOT OTHERWISE CAUSE THE OBLIGATIONS
(OR ANY OTHER OBLIGATIONS OF SUCH BORROWER TO THE ADMINISTRATIVE AGENT AND THE
LENDERS) TO BE AVOIDABLE OR UNENFORCEABLE AGAINST SUCH BORROWER UNDER SUCH LAW,
STATUTE OR REGULATION INCLUDING, WITHOUT LIMITATION, ANY STATE FRAUDULENT
TRANSFER OR FRAUDULENT CONVEYANCE ACT OR STATUTE APPLIED IN ANY SUCH CASE OR
PROCEEDING.
56
(D)
THE BORROWERS ACKNOWLEDGE AND AGREE THAT THEY HAVE REQUESTED
THAT THE LENDERS MAKE CREDIT AVAILABLE TO THE BORROWERS WITH EACH BORROWER
EXPECTING TO DERIVE BENEFIT, DIRECTLY AND INDIRECTLY, FROM THE LOANS AND OTHER
CREDIT EXTENDED BY THE LENDERS TO THE BORROWERS.
SECTION 9.15.
CONSENTS TO RENEWALS, MODIFICATIONS AND OTHER ACTIONS AND
EVENTS.
THIS AGREEMENT AND ALL OF THE OBLIGATIONS OF THE BORROWERS HEREUNDER
SHALL REMAIN IN FULL FORCE AND EFFECT WITHOUT REGARD TO AND SHALL NOT BE
RELEASED, AFFECTED OR IMPAIRED BY: (A) ANY AMENDMENT, ASSIGNMENT, TRANSFER,
MODIFICATION OF OR ADDITION OR SUPPLEMENT TO THE OBLIGATIONS, THIS AGREEMENT OR
ANY OTHER LOAN DOCUMENT; (B) ANY EXTENSION, INDULGENCE, INCREASE IN THE
OBLIGATIONS OR OTHER ACTION OR INACTION IN RESPECT OF ANY OF THE LOAN DOCUMENTS
OR OTHERWISE WITH RESPECT TO THE OBLIGATIONS, OR ANY ACCEPTANCE OF SECURITY FOR,
OR GUARANTIES OF, ANY OF THE OBLIGATIONS OR LOAN DOCUMENTS, OR ANY SURRENDER,
RELEASE, EXCHANGE, IMPAIRMENT OR ALTERATION OF ANY SUCH SECURITY OR GUARANTIES
INCLUDING WITHOUT LIMITATION THE FAILING TO PERFECT A SECURITY INTEREST IN ANY
SUCH SECURITY OR ABSTAINING FROM TAKING ADVANTAGE OR OF REALIZING UPON ANY
GUARANTIES OR UPON ANY SECURITY INTEREST IN ANY SUCH SECURITY; (C) ANY DEFAULT
BY ANY BORROWER UNDER, OR ANY LACK OF DUE EXECUTION, INVALIDITY OR
UNENFORCEABILITY OF, OR ANY IRREGULARITY OR OTHER DEFECT IN, ANY OF THE LOAN
DOCUMENTS; (D) ANY WAIVER BY THE LENDERS OR ANY OTHER PERSON OF ANY REQUIRED
PERFORMANCE OR OTHERWISE OF ANY CONDITION PRECEDENT OR WAIVER OF ANY REQUIREMENT
IMPOSED BY ANY OF THE LOAN DOCUMENTS, ANY GUARANTIES OR OTHERWISE WITH RESPECT
TO THE OBLIGATIONS; (E) ANY EXERCISE OR NON-EXERCISE OF ANY RIGHT, REMEDY, POWER
OR PRIVILEGE IN RESPECT OF THIS AGREEMENT OR ANY OF THE OTHER LOAN
DOCUMENTS;
(F) ANY SALE, LEASE, TRANSFER OR OTHER DISPOSITION OF THE ASSETS OF ANY BORROWER
OR ANY CONSOLIDATION OR MERGER OF ANY BORROWER WITH OR INTO ANY OTHER PERSON,
CORPORATION, OR ENTITY, OR ANY TRANSFER OR OTHER DISPOSITION BY ANY BORROWER OR
ANY OTHER HOLDER OF ANY EQUITY INTEREST OF ANY BORROWER; (G) ANY BANKRUPTCY,
INSOLVENCY, REORGANIZATION OR SIMILAR PROCEEDINGS INVOLVING OR AFFECTING ANY
BORROWER; (H) THE RELEASE OR DISCHARGE OF ANY BORROWER FROM THE PERFORMANCE OR
OBSERVANCE OF ANY AGREEMENT, COVENANT, TERM OR CONDITION UNDER ANY OF THE
OBLIGATIONS OR CONTAINED IN ANY OF THE LOAN DOCUMENTS BY OPERATION OF LAW; OR
(I) ANY OTHER CAUSE WHETHER SIMILAR OR DISSIMILAR TO THE FOREGOING WHICH, IN THE
ABSENCE OF THIS PROVISION, WOULD RELEASE, AFFECT OR IMPAIR THE OBLIGATIONS,
COVENANTS, AGREEMENTS AND DUTIES OF ANY BORROWER HEREUNDER, INCLUDING WITHOUT
LIMITATION ANY ACT OR OMISSION BY