SHARE OF SUCH ADVANCE.
IF SUCH FUNDS ARE NOT
MADE AVAILABLE TO THE AGENT BY SUCH LENDER WITHIN ONE (1) BUSINESS DAY AFTER THE
AGENT'S DEMAND THEREFOR, THE AGENT WILL BE ENTITLED TO RECOVER ANY SUCH AMOUNT
FROM SUCH LENDER TOGETHER WITH INTEREST THEREON AT THE FEDERAL FUNDS EFFECTIVE
RATE FOR EACH DAY DURING THE PERIOD COMMENCING ON THE DATE OF SUCH DEMAND AND
ENDING ON THE DATE SUCH AMOUNT IS RECEIVED.
THE FAILURE OF ANY LENDER TO MAKE
AVAILABLE TO THE AGENT ITS PRO RATA SHARE OF ANY SUCH UNREIMBURSED ADVANCE UNDER
THIS SECTION 9.15 SHALL NEITHER RELIEVE ANY OTHER LENDER OF ITS OBLIGATION
HEREUNDER TO MAKE AVAILABLE TO THE AGENT SUCH OTHER LENDER'S PRO RATA SHARE OF
SUCH ADVANCE ON THE DATE SUCH PAYMENT IS TO BE MADE NOR INCREASE THE OBLIGATION
OF ANY OTHER LENDER TO MAKE SUCH PAYMENT TO THE AGENT.
ALL OUTSTANDING
PRINCIPAL OF, AND INTEREST ON, ADVANCES MADE UNDER THIS SECTION 9.15 SHALL
CONSTITUTE OBLIGATIONS SECURED BY THE COLLATERAL UNTIL PAID IN FULL BY THE
BORROWER.
9.16.
USA PATRIOT ACT.
EACH LENDER HEREBY NOTIFIES THE BORROWER THAT
PURSUANT TO THE REQUIREMENTS OF THE USA PATRIOT ACT (TITLE III OF PUB. L. 107-56
(SIGNED INTO LAW OCTOBER 26, 2001)) (THE "ACT"), IT IS REQUIRED TO OBTAIN,
VERIFY AND RECORD INFORMATION THAT IDENTIFIES THE BORROWER, WHICH INFORMATION
INCLUDES THE NAME AND ADDRESS OF THE BORROWER AND OTHER INFORMATION THAT WILL
ALLOW SUCH LENDER TO IDENTIFY THE BORROWER IN ACCORDANCE WITH THE ACT.
9.17.
NO DUTIES IMPOSED ON SYNDICATION AGENTS OR DOCUMENTATION AGENTS.
NONE OF THE PERSONS IDENTIFIED ON THE COVER PAGE TO THIS AGREEMENT, THE
SIGNATURE PAGES TO THIS AGREEMENT OR
73
OTHERWISE IN THIS AGREEMENT AS A "SYNDICATION AGENT" OR A "DOCUMENTATION AGENT"
SHALL HAVE ANY RIGHT, POWER, OBLIGATION, LIABILITY, RESPONSIBILITY OR DUTY UNDER
THIS AGREEMENT OTHER THAN, IF SUCH PERSON IS A LENDER, THOSE APPLICABLE TO ALL
LENDERS AS SUCH.
WITHOUT LIMITING THE FOREGOING, NONE OF THE PERSONS IDENTIFIED
ON THE COVER PAGE TO THIS AGREEMENT, THE SIGNATURE PAGES TO THIS AGREEMENT OR
OTHERWISE IN THIS AGREEMENT AS A "SYNDICATION AGENT" OR A "DOCUMENTATION AGENT"
SHALL HAVE OR BE DEEMED TO HAVE ANY FIDUCIARY DUTY TO OR FIDUCIARY RELATIONSHIP
WITH ANY LENDER.
EACH LENDER ACKNOWLEDGES THAT IT HAS NOT RELIED, AND WILL NOT
RELY, ON ANY OF THE PERSONS SO IDENTIFIED IN DECIDING TO ENTER INTO THIS
AGREEMENT OR IN TAKING OR NOT TAKING ACTION HEREUNDER.
ARTICLE X
THE AGENT
10.1.
APPOINTMENT; NATURE OF RELATIONSHIP.
JPMORGAN CHASE IS HEREBY
APPOINTED BY EACH OF THE LENDERS AS ITS CONTRACTUAL REPRESENTATIVE (HEREIN
REFERRED TO AS THE "AGENT") HEREUNDER AND UNDER EACH OTHER LOAN DOCUMENT, AND
EACH OF THE LENDERS IRREVOCABLY AUTHORIZES THE AGENT TO ACT AS THE CONTRACTUAL
REPRESENTATIVE OF SUCH LENDER WITH THE RIGHTS AND DUTIES EXPRESSLY SET FORTH
HEREIN AND IN THE OTHER LOAN DOCUMENTS.
THE AGENT AGREES TO ACT AS SUCH
CONTRACTUAL REPRESENTATIVE UPON THE EXPRESS CONDITIONS CONTAINED IN THIS ARTICLE
X.
NOTWITHSTANDING THE USE OF THE DEFINED TERM "AGENT," IT IS