REQUIREMENTS OF THIS AGREEMENT IN ACCORDANCE WITH
AGENT'S, SUCH LENDER'S OR TERM LENDER'S AND SUCH TRANSFEREE'S CUSTOMARY
PROCEDURES FOR HANDLING CONFIDENTIAL INFORMATION OF THIS NATURE; PROVIDED,
HOWEVER, AGENT, EACH LENDER, TERM LENDER AND EACH TRANSFEREE MAY DISCLOSE SUCH
CONFIDENTIAL INFORMATION (I) TO ITS EXAMINERS, AFFILIATES, OUTSIDE AUDITORS,
COUNSEL AND OTHER PROFESSIONAL ADVISORS, (II) TO AGENT, ANY LENDER, TERM LENDER,
OR TO ANY PROSPECTIVE TRANSFEREES AND PURCHASING LENDERS WHICH AGREE TO HOLD
SUCH NON-PUBLIC INFORMATION CONFIDENTIAL IN A MANNER SIMILAR TO THE PROVISIONS
OF THIS SECTION 16.15, AND (III) AS REQUIRED OR REQUESTED BY ANY GOVERNMENTAL
BODY OR REPRESENTATIVE THEREOF OR PURSUANT TO LEGAL PROCESS; PROVIDED, FURTHER
THAT (X) UNLESS SPECIFICALLY PROHIBITED BY APPLICABLE LAW OR COURT ORDER, AGENT,
EACH LENDER, TERM LENDER AND EACH TRANSFEREE SHALL USE REASONABLE EFFORTS PRIOR
TO DISCLOSURE THEREOF, TO NOTIFY LOAN PARTIES 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, TERM LENDER OR A TRANSFEREE
BY SUCH GOVERNMENTAL BODY) OR (B) PURSUANT TO LEGAL PROCESS AND (Y) IN NO EVENT
SHALL AGENT, ANY LENDER, TERM LENDER OR ANY TRANSFEREE BE OBLIGATED TO RETURN
ANY MATERIALS FURNISHED BY ANY LOAN PARTY OTHER THAN THOSE DOCUMENTS AND
INSTRUMENTS IN POSSESSION OF AGENT OR ANY LENDER OR TERM LENDER IN ORDER TO
PERFECT ITS LIEN ON THE COLLATERAL ONCE THE OBLIGATIONS HAVE BEEN PAID IN FULL
AND THIS AGREEMENT HAS BEEN TERMINATED.
(B)
EACH LOAN PARTY ACKNOWLEDGES THAT FROM TIME TO TIME FINANCIAL
ADVISORY, INVESTMENT BANKING AND OTHER SERVICES MAY BE OFFERED OR PROVIDED TO
SUCH LOAN PARTY OR ONE OR MORE OF ITS AFFILIATES (IN CONNECTION WITH THIS
AGREEMENT OR OTHERWISE) BY ANY LENDER OR TERM LENDER, OR BY ONE OR MORE
SUBSIDIARIES OR AFFILIATES OF SUCH LENDER OR TERM LENDER, AND EACH LOAN PARTY
HEREBY AUTHORIZES EACH LENDER AND TERM LENDER TO SHARE ANY INFORMATION DELIVERED
TO SUCH LENDER OR TERM LENDER BY SUCH LOAN PARTY AND ITS SUBSIDIARIES PURSUANT
TO THIS AGREEMENT, OR IN CONNECTION WITH THE DECISION OF SUCH LENDER OR TERM
LENDER TO ENTER INTO THIS AGREEMENT, TO ANY SUCH SUBSIDIARY OR AFFILIATE OF SUCH
LENDER OR TERM LENDER, IT BEING UNDERSTOOD THAT ANY SUCH SUBSIDIARY OR AFFILIATE
OF ANY LENDER OR TERM LENDER RECEIVING SUCH
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INFORMATION SHALL BE BOUND BY THE PROVISION OF THIS SECTION 16.15 AS IF IT WERE
A LENDER OR TERM LENDER HEREUNDER.
SUCH AUTHORIZATION SHALL SURVIVE THE
REPAYMENT OF THE OBLIGATIONS AND THE TERMINATION OF THIS AGREEMENT.
16.16.
Publicity.
Each Loan Party hereby authorizes Agent, in consultation with the Borrower, to
make appropriate announcements of the financial arrangement entered into among
Loan Parties, Agent and Lenders, including, without limitation, announcements
which are commonly known as tombstones, in such publications and to such
selected parties as Agent shall in its sole and absolute discretion deem
appropriate.
In addition, each Loan Party authorizes Agent to include such Loan
Party's name and