EFFECT SUCH AMENDMENTS.
(D)
THE BORROWERS AUTHORIZE EACH LENDER TO DISCLOSE TO ANY PARTICIPANT
OR ASSIGNEE (EACH, A "TRANSFEREE") AND ANY PROSPECTIVE TRANSFEREE ANY AND ALL
FINANCIAL INFORMATION IN SUCH LENDER'S POSSESSION CONCERNING ANY BORROWER AND
ANY SUBSIDIARY OF ANY BORROWER WHICH HAS BEEN DELIVERED TO SUCH LENDER BY ANY
BORROWER PURSUANT TO THIS AGREEMENT OR WHICH HAS BEEN DELIVERED TO SUCH LENDER
BY SUCH BORROWER IN CONNECTION WITH SUCH LENDER'S CREDIT EVALUATION OF SUCH
BORROWER PRIOR TO ENTERING INTO THIS AGREEMENT; PROVIDED THAT SUCH TRANSFEREE OR
PROSPECTIVE TRANSFEREE AGREES TO TREAT ANY SUCH INFORMATION WHICH IS NOT PUBLIC
AS CONFIDENTIAL IN ACCORDANCE WITH SECTION 13.17.
(E)
NOTWITHSTANDING ANY OTHER PROVISION SET FORTH IN THIS AGREEMENT,
ANY LENDER MAY AT ANY TIME PLEDGE OR ASSIGN ALL OR ANY PORTION OF ITS RIGHTS
UNDER THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS (INCLUDING, WITHOUT
LIMITATION, THE NOTES HELD BY IT) TO ANY FEDERAL RESERVE BANK IN ACCORDANCE WITH
REGULATION A OF THE FEDERAL RESERVE BOARD WITHOUT NOTICE TO, OR THE CONSENT OF,
ANY BORROWER OR THE FUNDS ADMINISTRATOR; PROVIDED THAT NO SUCH PLEDGE OR
ASSIGNMENT OF A SECURITY INTEREST UNDER THIS SECTION 13.9(F) SHALL RELEASE A
LENDER FROM ANY OBLIGATIONS HEREUNDER OR SUBSTITUTE ANY SUCH PLEDGEE OR ASSIGNEE
FOR SUCH LENDER AS A PARTY HERETO.
ANY LENDER WHICH IS A FUND MAY PLEDGE ALL OR
ANY PORTION OF ITS NOTES OR LOANS TO ITS TRUSTEE (OR OTHER SIMILAR
REPRESENTATIVE) IN SUPPORT OF ITS OBLIGATIONS TO ITS TRUSTEE.
NO SUCH PLEDGE OR
ASSIGNMENT SHALL RELEASE THE TRANSFEROR LENDER FROM ITS OBLIGATIONS HEREUNDER.
13.10
CONSENT TO JURISDICTION; MUTUAL WAIVER OF JURY TRIAL.
(A)
EACH BORROWER, ADMINISTRATIVE AGENT, AND EACH LENDER HEREBY
IRREVOCABLY SUBMIT TO THE NONEXCLUSIVE JURISDICTION OF ANY UNITED STATES FEDERAL
OR NEW YORK STATE COURT SITTING IN THE CITY OF NEW YORK IN ANY ACTION OR
PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER LOAN
DOCUMENT, AND HEREBY IRREVOCABLY AGREE THAT ALL CLAIMS IN RESPECT TO SUCH ACTION
OR PROCEEDING MAY BE HEARD AND DETERMINED IN ANY SUCH UNITED STATES FEDERAL OR
NEW YORK STATE COURT AND EACH BORROWER, THE ADMINISTRATIVE AGENT, AND EACH
LENDER IRREVOCABLY WAIVE ANY OBJECTION, INCLUDING, WITHOUT LIMITATION, ANY
OBJECTION TO THE LAYING OF VENUE OR ANY OBJECTION BASED ON THE GROUNDS OF FORUM
NON CONVENIENS WHICH ANY OF THEM MAY NOW OR HEREAFTER HAVE TO THE BRINGING OF
ANY SUCH ACTION OR PROCEEDING IN SUCH RESPECTIVE JURISDICTIONS.
132
(B)
AS A METHOD OF SERVICE, EACH BORROWER, ADMINISTRATIVE AGENT, AND
EACH LENDER IRREVOCABLY CONSENT TO THE SERVICE OF ANY AND ALL PROCESS IN ANY
SUCH ACTION OR PROCEEDING, BROUGHT IN ANY SUCH UNITED STATES FEDERAL OR NEW YORK
STATE COURT BY THE DELIVERY OF COPIES OF SUCH PROCESS TO SUCH BORROWER, THE
ADMINISTRATIVE AGENT, OR EACH RESPECTIVE LENDER, AS THE CASE MAY BE, AT THE
ADDRESSES SPECIFIED ON THEIR RESPECTIVE SIGNATURE PAGES TO THIS AGREEMENT OR BY
CERTIFIED MAIL DIRECT TO SUCH RESPECTIVE ADDRESSES.
(C)
EACH BORROWER, ADMINISTRATIVE AGENT AND EACH LENDER HEREBY