THE TERMS HEREOF AS A LENDER HEREUNDER FOR
ALL PURPOSES OF THIS AGREEMENT, NOTWITHSTANDING NOTICE TO THE CONTRARY.
THE
REGISTER SHALL BE AVAILABLE FOR INSPECTION AT THE OFFICES OF THE ADMINISTRATIVE
AGENT BY DURATEK OR ANY LENDER, AT ANY REASONABLE TIME DURING NORMAL BUSINESS
HOURS AND FROM TIME TO TIME UPON REASONABLE PRIOR NOTICE.
EACH LENDER AGREES TO
PROVIDE THE ADMINISTRATIVE AGENT AND DURATEK WITH WRITTEN NOTICE OF THE
ASSIGNMENT OF ALL OR PART OF ITS RIGHTS HEREUNDER.
UPON THE ADMINISTRATIVE
AGENT'S RECEIPT OF A DULY COMPLETED ASSIGNMENT AND ACCEPTANCE EXECUTED BY AN
ASSIGNING LENDER AND AN ASSIGNEE LENDER, THE ASSIGNEE'S COMPLETED ADMINISTRATIVE
QUESTIONNAIRE (UNLESS THE ASSIGNEE IS ALREADY A LENDER), THE FEE REFERRED TO IN
SECTION 11.5(B) ABOVE AND ANY WRITTEN CONSENT TO SUCH ASSIGNMENT REQUIRED
THEREBY, THE ADMINISTRATIVE AGENT SHALL ACCEPT SUCH ASSIGNMENT AND ACCEPTANCE
AND RECORD THE INFORMATION CONTAINED THEREIN IN THE REGISTER.
NO ASSIGNMENT
SHALL BE EFFECTED FOR PURPOSES OF THIS AGREEMENT UNLESS IT HAS BEEN RECORDED IN
THE REGISTER AS PROVIDED IN THIS PARAGRAPH.
86
(D)
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS
SECTION 11.5, ANY LENDER THAT IS A FUND THAT INVESTS IN BANK LOANS MAY (WITHOUT
THE CONSENT OF DURATEK OR THE ADMINISTRATIVE AGENT) PLEDGE ALL OR A PORTION OF
ITS RIGHTS IN CONNECTION WITH THIS AGREEMENT TO THE TRUSTEE OR ANY HOLDER OF
OBLIGATIONS OR AGENTS THEREFOR OWED, OR SECURITIES ISSUED, BY SUCH FUND AS
SECURITY FOR SUCH OBLIGATIONS OR SECURITIES.
NO PLEDGE DESCRIBED IN THE
IMMEDIATELY PRECEDING SENTENCE SHALL RELEASE ANY SUCH LENDER FROM ITS
OBLIGATIONS HEREUNDER.
(E)
[RESERVED].
(F)
EXCEPT AS SPECIFICALLY SET FORTH IN SECTION 11.5(B) HEREOF,
NOTHING IN THIS AGREEMENT OR ANY NOTES, EXPRESS OR IMPLIED, IS INTENDED TO OR
SHALL CONFER ON ANY PERSON OTHER THAN THE RESPECTIVE PARTIES HERETO AND THERETO
AND THEIR SUCCESSORS AND ASSIGNEES PERMITTED HEREUNDER AND THEREUNDER ANY
BENEFIT OR ANY LEGAL OR EQUITABLE RIGHT, REMEDY OR OTHER CLAIM UNDER THIS
AGREEMENT OR ANY NOTES.
(G)
THE PROVISIONS OF THIS SECTION 11.5 SHALL NOT APPLY TO ANY
PURCHASE OF PARTICIPATIONS AMONG THE LENDERS PURSUANT TO SECTION 2.12 HEREOF.
(H)
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ANY
LENDER (A "GRANTING LENDER") MAY GRANT TO A SPECIAL PURPOSE FUNDING VEHICLE
IDENTIFIED AS SUCH IN WRITING FROM TIME TO TIME BY THE GRANTING LENDER TO THE
ADMINISTRATIVE AGENT AND DURATEK (A "CONDUIT LENDER") THE OPTION TO PROVIDE ALL
OR ANY PART OF ANY LOAN THAT SUCH GRANTING LENDER WOULD OTHERWISE BE OBLIGATED
TO MAKE PURSUANT TO THIS AGREEMENT; PROVIDED THAT (I) NOTHING HEREIN SHALL
CONSTITUTE A COMMITMENT BY ANY CONDUIT LENDER TO FUND ANY LOAN, AND (II) IF A
CONDUIT LENDER ELECTS NOT TO EXERCISE SUCH OPTION OR OTHERWISE FAILS TO MAKE ALL
OR ANY PART OF SUCH LOAN, THE GRANTING LENDER SHALL BE OBLIGATED TO MAKE SUCH
LOAN PURSUANT TO THE TERMS HEREOF.
THE MAKING OF A LOAN BY A CONDUIT LENDER
HEREUNDER SHALL UTILIZE THE APPLICABLE COMMITMENT OF THE GRANTING LENDER TO THE
SAME EXTENT, AND AS IF, SUCH LOAN WERE