PURPOSES OF THE FINANCING
DOCUMENTS. EACH LENDER AGREES TO NOTIFY THE ADMINISTRATIVE AGENT IN WRITING
(INCLUDING BY ELECTRONIC COMMUNICATION) FROM TIME TO TIME OF SUCH
119
LENDER'S E-MAIL ADDRESS TO WHICH THE FOREGOING NOTICE MAY BE SENT BY ELECTRONIC
TRANSMISSION AND THAT THE FOREGOING NOTICE MAY BE SENT TO SUCH E-MAIL ADDRESS.
(K)
NOTWITHSTANDING CLAUSES (G) TO (J) ABOVE, NOTHING HEREIN SHALL PREJUDICE
THE RIGHT OF ANY AGENT OR LENDER TO GIVE ANY NOTICE OR OTHER COMMUNICATION
PURSUANT TO ANY FINANCING DOCUMENT IN ANY OTHER MANNER SPECIFIED IN SUCH
FINANCING DOCUMENT.
SECTION 10.12
PATRIOT ACT NOTICE. EACH LENDER AND AGENT (FOR ITSELF AND NOT ON
BEHALF OF ANY LENDER OR OTHER AGENT) HEREBY NOTIFIES THE BORROWER THAT PURSUANT
TO THE REQUIREMENTS OF THE 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 OR AGENT, AS APPLICABLE, TO IDENTIFY THE BORROWER IN ACCORDANCE WITH THE
PATRIOT ACT.
SECTION 10.13
PAYMENTS SET ASIDE. TO THE EXTENT THAT ANY PAYMENT BY OR ON
BEHALF OF THE BORROWER IS MADE TO ANY AGENT OR LENDER, OR ANY AGENT OR LENDER
EXERCISES ITS RIGHT OF SETOFF, AND SUCH PAYMENT OR THE PROCEEDS OF SUCH SETOFF
OR ANY PART THEREOF IS SUBSEQUENTLY INVALIDATED, DECLARED TO BE FRAUDULENT OR
PREFERENTIAL, SET ASIDE OR REQUIRED (INCLUDING PURSUANT TO ANY SETTLEMENT
ENTERED INTO BY SUCH AGENT OR LENDER IN ITS DISCRETION) TO BE REPAID TO A
TRUSTEE, RECEIVER OR ANY OTHER PARTY, IN CONNECTION WITH ANY INSOLVENCY OR
LIQUIDATION PROCEEDING OR OTHERWISE, THEN (A) TO THE EXTENT OF SUCH RECOVERY,
THE OBLIGATION OR PART THEREOF ORIGINALLY INTENDED TO BE SATISFIED SHALL BE
REVIVED AND CONTINUED IN FULL FORCE AND EFFECT AS IF SUCH PAYMENT HAD NOT BEEN
MADE OR SUCH SETOFF HAD NOT OCCURRED, AND (B) EACH LENDER SEVERALLY AGREES TO
PAY TO EACH AGENT UPON DEMAND ITS APPLICABLE SHARE (WITHOUT DUPLICATION) OF ANY
AMOUNT SO RECOVERED FROM OR REPAID BY SUCH AGENT, PLUS INTEREST THEREON FROM THE
DATE OF SUCH DEMAND TO THE DATE SUCH PAYMENT IS MADE AT A RATE PER ANNUM EQUAL
TO THE FEDERAL FUNDS EFFECTIVE RATE FROM TIME TO TIME IN EFFECT. THE OBLIGATIONS
OF THE LENDERS UNDER SECTION 10.13(B) SHALL SURVIVE THE PAYMENT IN FULL OF THE
OBLIGATIONS AND THE TERMINATION OF THIS AGREEMENT.
SECTION 10.14
RIGHT OF SETOFF. EACH LENDER AND EACH OF ITS RESPECTIVE
AFFILIATES IS HEREBY AUTHORIZED AT ANY TIME AND FROM TIME TO TIME DURING THE
CONTINUANCE OF AN EVENT OF DEFAULT, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, TO SET OFF AND APPLY ANY AND ALL DEPOSITS (GENERAL OR SPECIAL,
TIME OR DEMAND, PROVISIONAL OR FINAL, IN WHATEVER CURRENCY) AT ANY TIME HELD AND
OTHER OBLIGATIONS (IN WHATEVER CURRENCY) AT ANY TIME OWING BY SUCH LENDER OR ANY
SUCH AFFILIATE TO OR FOR THE CREDIT OR THE ACCOUNT OF THE BORROWER AGAINST ANY
AND ALL OF THE OBLIGATIONS OF THE BORROWER NOW