CONSTITUTE ONE AND THE SAME AGREEMENT.
ANY
SIGNATURE DELIVERED BY A PARTY BY FACSIMILE OR ELECTRONIC TRANSMISSION SHALL BE
DEEMED TO BE AN ORIGINAL SIGNATURE HERETO.
16.14.
CONSTRUCTION.
THE PARTIES ACKNOWLEDGE THAT EACH PARTY
AND ITS COUNSEL HAVE REVIEWED THIS AGREEMENT AND THAT THE NORMAL RULE OF
CONSTRUCTION TO THE EFFECT THAT ANY AMBIGUITIES ARE TO BE RESOLVED AGAINST THE
DRAFTING PARTY SHALL NOT BE EMPLOYED IN THE INTERPRETATION OF THIS AGREEMENT OR
ANY AMENDMENTS, SCHEDULES OR EXHIBITS THERETO.
16.15.
CONFIDENTIALITY; SHARING INFORMATION.
AGENT, EACH
LENDER AND EACH TRANSFEREE SHALL HOLD ALL NON-PUBLIC INFORMATION OBTAINED BY
AGENT, SUCH LENDER OR SUCH TRANSFEREE PURSUANT TO THE REQUIREMENTS OF THIS
AGREEMENT IN ACCORDANCE WITH AGENT'S, SUCH LENDER'S AND SUCH TRANSFEREE'S
CUSTOMARY PROCEDURES FOR HANDLING CONFIDENTIAL INFORMATION OF THIS NATURE;
PROVIDED, HOWEVER, AGENT, EACH LENDER AND EACH TRANSFEREE MAY DISCLOSE SUCH
CONFIDENTIAL INFORMATION (A) TO ITS EXAMINERS, AFFILIATES, OUTSIDE AUDITORS,
COUNSEL AND OTHER PROFESSIONAL ADVISORS, (B) TO AGENT, ANY LENDER OR TO ANY
PROSPECTIVE TRANSFEREES, AND (C) AS REQUIRED OR REQUESTED BY ANY GOVERNMENTAL
BODY OR REPRESENTATIVE THEREOF OR PURSUANT TO LEGAL PROCESS; PROVIDED, FURTHER
THAT (I) UNLESS SPECIFICALLY PROHIBITED BY APPLICABLE LAW, AGENT, EACH LENDER
AND EACH TRANSFEREE SHALL USE ITS REASONABLE BEST EFFORTS PRIOR TO DISCLOSURE
THEREOF, TO NOTIFY THE APPLICABLE BORROWER OF THE APPLICABLE REQUEST FOR
DISCLOSURE OF SUCH NON-PUBLIC INFORMATION (A) BY A GOVERNMENTAL BODY OR
REPRESENTATIVE THEREOF (OTHER THAN ANY SUCH REQUEST IN CONNECTION WITH AN
EXAMINATION OF THE FINANCIAL CONDITION OF A LENDER OR A TRANSFEREE BY SUCH
GOVERNMENTAL BODY) OR (B) PURSUANT TO LEGAL PROCESS AND (II) IN NO EVENT SHALL
AGENT, ANY LENDER OR ANY
95
TRANSFEREE BE OBLIGATED TO RETURN ANY MATERIALS FURNISHED BY ANY BORROWER OTHER
THAN THOSE DOCUMENTS AND INSTRUMENTS IN POSSESSION OF AGENT OR ANY LENDER IN
ORDER TO PERFECT ITS LIEN ON THE COLLATERAL ONCE THE OBLIGATIONS HAVE BEEN PAID
IN FULL AND THIS AGREEMENT HAS BEEN TERMINATED.
EACH BORROWER ACKNOWLEDGES THAT
FROM TIME TO TIME FINANCIAL ADVISORY, INVESTMENT BANKING AND OTHER SERVICES MAY
BE OFFERED OR PROVIDED TO SUCH BORROWER OR ONE OR MORE OF ITS AFFILIATES (IN
CONNECTION WITH THIS AGREEMENT OR OTHERWISE) BY ANY LENDER OR BY ONE OR MORE
SUBSIDIARIES OR AFFILIATES OF SUCH LENDER AND EACH BORROWER HEREBY AUTHORIZES
EACH LENDER TO SHARE ANY INFORMATION DELIVERED TO SUCH LENDER BY SUCH BORROWER
AND ITS SUBSIDIARIES PURSUANT TO THIS AGREEMENT, OR IN CONNECTION WITH THE
DECISION OF SUCH LENDER TO ENTER INTO THIS AGREEMENT, TO ANY SUCH SUBSIDIARY OR
AFFILIATE OF SUCH LENDER, IT BEING UNDERSTOOD THAT ANY SUCH SUBSIDIARY OR
AFFILIATE OF ANY LENDER RECEIVING SUCH INFORMATION SHALL BE BOUND BY THE
PROVISIONS OF THIS SECTION 16.15 AS IF IT WERE A LENDER HEREUNDER.
SUCH
AUTHORIZATION SHALL SURVIVE THE REPAYMENT OF THE OTHER OBLIGATIONS AND THE
TERMINATION OF THIS AGREEMENT.
16.16.
PUBLICITY.
EACH BORROWER AND EACH LENDER HEREBY
AUTHORIZES AGENT TO MAKE APPROPRIATE ANNOUNCEMENTS OF THE FINANCIAL ARRANGEMENT
ENTERED INTO AMONG BORROWERS, AGENT AND LENDERS, INCLUDING ANNOUNCEMENTS WHICH
ARE COMMONLY KNOWN AS TOMBSTONES, IN