107-56
(SIGNED INTO LAW OCTOBER 26, 2001)), SUCH LENDER MAY BE REQUIRED TO OBTAIN,
VERIFY AND RECORD INFORMATION THAT IDENTIFIES THE OBLIGORS, WHICH INFORMATION
INCLUDES THE NAME AND ADDRESS OF THE OBLIGORS AND OTHER INFORMATION THAT WILL
ALLOW SUCH LENDER TO IDENTIFY THE OBLIGORS IN ACCORDANCE WITH SAID ACT.
SECTION 10.16.
WAIVER OF IMMUNITY.
TO THE EXTENT THAT ANY SUBSIDIARY OBLIGOR
THAT IS A FOREIGN SUBSIDIARY MAY BE OR BECOME ENTITLED TO CLAIM FOR ITSELF OR
ITS PROPERTY ANY IMMUNITY ON THE GROUND OF SOVEREIGNTY OR THE LIKE FROM SUIT,
COURT JURISDICTION, ATTACHMENT PRIOR TO JUDGMENT, ATTACHMENT IN AID OF EXECUTION
OF A JUDGMENT OR EXECUTION OF A JUDGMENT, AND TO THE EXTENT THAT IN ANY SUCH
JURISDICTION THERE MAY BE ATTRIBUTED SUCH AN IMMUNITY (WHETHER OR NOT CLAIMED),
SUCH SUBSIDIARY OBLIGOR HEREBY IRREVOCABLY AGREES NOT TO CLAIM AND HEREBY
IRREVOCABLY WAIVES SUCH IMMUNITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS
AGREEMENT.
SECTION 10.17.
APPOINTMENT OF COMPANY AS AGENT.
EACH SUBSIDIARY OBLIGOR PARTY
HERETO AS OF THE EFFECTIVE DATE, BY ITS SIGNATURE BELOW, AND EACH SUBSIDIARY
OBLIGOR DESIGNATED AFTER THE EFFECTIVE DATE AS A "SUBSIDIARY BORROWER" OR
"SUBSIDIARY ACCOUNT PARTY" PURSUANT TO SECTION 2.21, BY ITS ACKNOWLEDGMENT TO
THE DESIGNATION LETTER RELATING TO SUCH SUBSIDIARY OBLIGOR, AS APPLICABLE:
(a)
appoints and authorizes the Company for the purposes of
(i) signing documents deliverable by or on behalf of such Subsidiary Obligor
hereunder or under any other Loan Document, (ii) providing notices to or making
requests of the Administrative Agent, any Issuing Lender or any Lender on behalf
of such Subsidiary Obligor, (iii) receiving notices and documents from the
Administrative Agent, any Issuing Lender or any Lender on behalf of such
Subsidiary Obligor, and (iv) taking any other action on behalf such Subsidiary
Obligor hereunder or under any other Loan Document, in each case to the extent
specifically provided for hereunder or thereunder, and such Subsidiary Obligor
agrees to be irrevocably bound by all such actions being taken on behalf of such
Subsidiary Obligor by the Company and all such notices received by the Company
on behalf of such Subsidiary Obligor; provided that another Person may be
appointed to act in substitution for the Company with the power and authority
granted thereto by such
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Subsidiary Obligor under this clause (a) so long as such Person shall have been
certified as such in a single writing executed by such Subsidiary Obligor and
delivered to the Administrative Agent;
(b)
authorizes the Administrative Agent, each Issuing Lender and each
Lender to treat (i) each document signed by, each notice given or received by,
each document delivered or received by and each request made by the Company on
its behalf and (ii) each other action which specifically provides herein or
therein that the Company acts on behalf, or at the direction, of such Subsidiary
Obligor as if such Subsidiary Obligor (and not the Company) had in fact signed
such document, given or received such notice, delivered or received such
document,