INFORMATION ABOUT HOLDINGS, THE BORROWERS, THE
LOAN PARTIES AND THEIR RELATED PARTIES OR THEIR RESPECTIVE SECURITIES.
ACCORDINGLY, EACH LENDER REPRESENTS TO THE BORROWERS AND THE ADMINISTRATIVE
AGENT THAT IT HAS IDENTIFIED IN ITS ADMINISTRATIVE QUESTIONNAIRE A CREDIT
CONTACT WHO MAY RECEIVE INFORMATION THAT MAY CONTAIN MATERIAL NON-PUBLIC
INFORMATION IN ACCORDANCE WITH ITS COMPLIANCE PROCEDURES AND APPLICABLE LAW,
INCLUDING FEDERAL AND STATE SECURITIES LAWS.
SECTION 9.13.
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 THE
BORROWER IN VIOLATION OF ANY REQUIREMENT OF LAW.
SECTION 9.14.
USA PATRIOT ACT.
EACH LENDER THAT IS SUBJECT TO THE REQUIREMENTS
OF THE USA PATRIOT ACT (TITLE III OF PUB. L. 107-56 (SIGNED INTO LAW OCTOBER 26,
2001)) (THE "ACT") HEREBY NOTIFIES EACH BORROWER THAT PURSUANT TO THE
REQUIREMENTS OF THE ACT, IT IS REQUIRED TO OBTAIN, VERIFY AND RECORD INFORMATION
THAT IDENTIFIES SUCH BORROWER, WHICH INFORMATION INCLUDES THE NAME AND ADDRESS
OF SUCH BORROWER AND OTHER INFORMATION THAT WILL ALLOW SUCH LENDER TO IDENTIFY
SUCH BORROWER IN ACCORDANCE WITH THE ACT.
SECTION 9.15.
DISCLOSURE.
EACH LOAN PARTY AND EACH LENDER HEREBY ACKNOWLEDGES
AND AGREES THAT THE ADMINISTRATIVE AGENT AND/OR ITS AFFILIATES FROM TIME TO TIME
MAY HOLD INVESTMENTS IN, MAKE OTHER LOANS TO OR HAVE OTHER RELATIONSHIPS WITH
ANY OF THE LOAN PARTIES AND THEIR RESPECTIVE AFFILIATES.
SECTION 9.16.
APPOINTMENT FOR PERFECTION.
EACH LENDER HEREBY APPOINTS EACH
OTHER
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LENDER AS ITS AGENT FOR THE PURPOSE OF PERFECTING LIENS, FOR THE BENEFIT OF THE
ADMINISTRATIVE AGENT AND THE LENDERS, IN ASSETS WHICH, IN ACCORDANCE WITH
ARTICLE 9 OF THE UCC OR ANY OTHER APPLICABLE LAW CAN BE PERFECTED ONLY BY
POSSESSION.
SHOULD ANY LENDER (OTHER THAN THE ADMINISTRATIVE AGENT) OBTAIN
POSSESSION OF ANY SUCH COLLATERAL, SUCH LENDER SHALL NOTIFY THE ADMINISTRATIVE
AGENT THEREOF, AND, PROMPTLY UPON THE ADMINISTRATIVE AGENT'S REQUEST THEREFOR
SHALL DELIVER SUCH COLLATERAL TO THE ADMINISTRATIVE AGENT OR OTHERWISE DEAL WITH
SUCH COLLATERAL IN ACCORDANCE WITH THE ADMINISTRATIVE AGENT'S INSTRUCTIONS.
SECTION 9.17.
INTEREST RATE LIMITATION.
NOTWITHSTANDING ANYTHING HEREIN TO THE
CONTRARY, IF AT ANY TIME THE INTEREST RATE APPLICABLE TO ANY LOAN OR B/A
DRAWING, TOGETHER WITH ALL FEES, CHARGES AND OTHER AMOUNTS WHICH ARE TREATED AS
INTEREST ON SUCH LOAN OR B/A DRAWING UNDER APPLICABLE LAW (COLLECTIVELY THE
"CHARGES"), SHALL EXCEED THE MAXIMUM LAWFUL RATE (THE "MAXIMUM RATE") WHICH MAY
BE CONTRACTED FOR, CHARGED, TAKEN, RECEIVED OR RESERVED BY THE LENDER HOLDING
SUCH LOAN OR B/A DRAWING IN ACCORDANCE WITH APPLICABLE LAW, THE RATE OF INTEREST
PAYABLE IN RESPECT OF SUCH LOAN OR B/A