TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT
OR THE ENFORCEMENT OF RIGHTS HEREUNDER OR THEREUNDER, (F) SUBJECT TO AN
AGREEMENT CONTAINING PROVISIONS SUBSTANTIALLY THE SAME AS THOSE OF THIS SECTION,
TO (I) ANY ASSIGNEE OF OR PARTICIPANT IN, OR ANY PROSPECTIVE ASSIGNEE OF OR
PARTICIPANT IN, ANY OF ITS RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT,
INCLUDING, WITHOUT LIMITATION, ANY SPC, (II) ANY PLEDGEE REFERRED TO IN SECTION
9.04(D) OR (III) ANY ACTUAL OR PROSPECTIVE COUNTERPARTY (OR ITS ADVISORS) TO ANY
SWAP OR DERIVATIVE TRANSACTION RELATING TO THE LOAN PARTIES AND THEIR
OBLIGATIONS, (G) WITH THE CONSENT OF THE BORROWER OR (H) TO THE EXTENT SUCH
INFORMATION (I) BECOMES PUBLICLY AVAILABLE OTHER THAN AS A RESULT OF A BREACH OF
THIS SECTION OR (II) BECOMES AVAILABLE TO THE AGENT, AN ISSUING BANK OR ANY
LENDER ON A NONCONFIDENTIAL BASIS FROM A SOURCE OTHER THAN THE BORROWER.
FOR
THE PURPOSES OF THIS SECTION, "INFORMATION" MEANS ALL INFORMATION RECEIVED FROM
ANY LOAN PARTY RELATING TO THE LOAN PARTIES OR THEIR BUSINESSES, THE SPONSORS OR
THE TRANSACTIONS OTHER THAN ANY SUCH INFORMATION THAT IS AVAILABLE TO THE AGENT,
ANY ISSUING BANK OR ANY LENDER ON A NONCONFIDENTIAL BASIS PRIOR TO DISCLOSURE BY
ANY LOAN PARTY.
ANY PERSON REQUIRED TO MAINTAIN THE CONFIDENTIALITY OF
INFORMATION AS PROVIDED IN THIS SECTION 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 TO ITS OWN CONFIDENTIAL INFORMATION.
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 (A) IT IS NOT RELYING ON OR
LOOKING TO ANY MARGIN STOCK FOR THE REPAYMENT OF THE BORROWINGS PROVIDED FOR
HEREIN AND ACKNOWLEDGES THAT THE COLLATERAL SHALL NOT INCLUDE ANY MARGIN STOCK
AND (B) IT IS NOT AND WILL NOT BECOME A "CREDITOR" AS DEFINED IN REGULATION T OR
A "FOREIGN BRANCH OF A BROKER-DEALER" WITHIN THE MEANING OF REGULATION X.
ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY NOTWITHSTANDING, NEITHER
THE ISSUING BANKS 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 HEREBY NOTIFIES THE BORROWER THAT PURSUANT TO THE
REQUIREMENTS OF THE USA PATRIOT ACT, IT IS REQUIRED TO OBTAIN, VERIFY AND RECORD
INFORMATION THAT IDENTIFIES THE BORROWER, WHICH INFORMATION INCLUDES THE NAME
AND ADDRESS OF THE BORROWER AND OTHER INFORMATION THAT WILL ALLOW SUCH LENDER TO
IDENTIFY THE BORROWER IN ACCORDANCE WITH THE USA PATRIOT ACT.
SECTION 9.15. DISCLOSURE.
EACH LOAN PARTY AND EACH LENDER HEREBY ACKNOWLEDGES
AND AGREES THAT THE AGENT AND/OR ITS AFFILIATES FROM TIME TO TIME MAY