IT CEASES TO BE A PARTY TO
THIS AGREEMENT IN THE CAPACITY AS A LENDER.
30.13
CONFIDENTIALITY
(A)
THE FACILITY AGENT (IN ACTING AS AGENT FOR THE FINANCE PARTIES),
THE US PAYING AGENT (IN ACTING AS US PAYING AGENT FOR THE LENDERS TO THE US
BORROWER) AND THE ADMINISTRATIVE AGENT (IN ACTING AS AGENT FOR THE LENDERS)
SHALL BE REGARDED AS ACTING THROUGH ITS AGENCY DIVISION WHICH SHALL BE TREATED
AS A SEPARATE ENTITY FROM ANY OTHER OF ITS DIVISIONS OR DEPARTMENTS.
(B)
IF INFORMATION IS RECEIVED BY ANOTHER DIVISION OR DEPARTMENT OF
THE FACILITY AGENT, US PAYING AGENT OR THE ADMINISTRATIVE AGENT IT MAY BE
TREATED AS CONFIDENTIAL TO THAT DIVISION OR DEPARTMENT AND THE FACILITY AGENT,
US PAYING AGENT OR THE ADMINISTRATIVE AGENT, AS THE CASE MAY BE, SHALL NOT BE
DEEMED TO HAVE NOTICE OF IT.
(C)
NOTWITHSTANDING ANY OTHER PROVISION OF ANY
FINANCE DOCUMENT TO THE CONTRARY, THE FINANCE PARTIES ARE NOT OBLIGED TO
DISCLOSE TO ANY OTHER PERSON (I) ANY CONFIDENTIAL INFORMATION OR (II) ANY OTHER
INFORMATION IF THE DISCLOSURE WOULD, OR MIGHT IN ITS REASONABLE OPINION,
CONSTITUTE A BREACH OF ANY LAW.
(D)
NOTWITHSTANDING ANY OTHER PROVISION OF ANY FINANCE DOCUMENT, THE
PARTIES (AND EACH EMPLOYEE, REPRESENTATIVE OR OTHER AGENT OF THE PARTIES) MAY
DISCLOSE TO ANY AND ALL PERSONS, WITHOUT LIMITATION OF ANY KIND, THE TAX
TREATMENT AND ANY FACTS THAT MAY BE RELEVANT TO THE TAX STRUCTURE OF THE
TRANSACTION, PROVIDED, HOWEVER, THAT NO PARTY (AND NO EMPLOYEE, REPRESENTATIVE,
OR OTHER AGENT THEREOF) SHALL DISCLOSE ANY OTHER
186
INFORMATION THAT IS NOT RELEVANT TO UNDERSTANDING THE TAX TREATMENT AND TAX
STRUCTURE OF THE TRANSACTION (INCLUDING THE IDENTITY OF ANY PARTY AND ANY
INFORMATION THAT COULD LEAD ANOTHER TO DETERMINE THE IDENTITY OF ANY PARTY), OR
ANY OTHER INFORMATION TO THE EXTENT THAT SUCH DISCLOSURE COULD REASONABLY RESULT
IN A VIOLATION OF ANY APPLICABLE SECURITIES LAW.
30.14
FACILITY OFFICE
Each of the Agents may treat each Lender as a Lender, entitled to payments under
this Agreement and acting through its Facility Office unless it has received not
less than 5 Business Days' prior notice from that Lender to the contrary in
accordance with the terms of this Agreement.
30.15
LENDERS' ASSOCIATED COSTS DETAILS
To the extent applicable, each Lender shall supply the Facility Agent and/or the
US Paying Agent, as applicable, with any information required by the Facility
Agent in order to calculate the Associated Costs Rate in accordance with
Schedule 6 (Associated Costs Rate).
30.16
CREDIT APPRAISAL BY THE LENDERS
Without affecting the responsibility of the Parent or any Obligor for
information supplied by it or on its behalf in connection with any Finance
Document, each Lender confirms to each of the Agents, the Bookrunners and the
Arrangers that it has been, and will continue to be, solely responsible for
making its own independent appraisal and investigation of all risks arising
under or in connection with any Finance Document including but not limited to:
(A)
THE FINANCIAL CONDITION, STATUS AND NATURE