ADDRESSES OF THE LENDER (INCLUDING ALL ASSIGNEES AND SUCCESSORS);
PROVIDED, HOWEVER, THAT A BORROWER SHALL NOT BE REQUIRED TO RECORD ANY TRANSFER
ON THE REGISTER OF WHICH IT HAS NOT RECEIVED NOTICE, OR DOES NOT HAVE
KNOWLEDGE.
FAILURE TO MAKE ANY SUCH RECORDATION, OR ANY ERROR IN SUCH
RECORDATION SHALL NOT AFFECT THE BORROWER'S OBLIGATIONS IN RESPECT OF SUCH
RIGHTS.
IF THE LENDER SELLS A PARTICIPATION IN ITS RIGHTS HEREUNDER, IT SHALL
PROVIDE THE BORROWERS, OR MAINTAIN AS AGENT OF THE BORROWERS, THE INFORMATION
DESCRIBED IN THIS PARAGRAPH AND PERMIT THE BORROWERS TO REVIEW SUCH INFORMATION
AS REASONABLY NEEDED FOR THE BORROWERS TO COMPLY WITH ITS OBLIGATIONS UNDER THIS
AGREEMENT OR UNDER ANY APPLICABLE LAW OR GOVERNMENTAL REGULATION OR PROCEDURE.
(F)
SUBJECT TO SECTION 11.19 OF THIS
AGREEMENT, THE LENDER MAY, IN CONNECTION WITH ANY ASSIGNMENT OR PARTICIPATION OR
PROPOSED ASSIGNMENT OR PARTICIPATION PURSUANT TO THIS SECTION, DISCLOSE TO THE
ASSIGNEE OR PARTICIPANT OR PROPOSED ASSIGNEE OR PARTICIPANT, AS THE CASE MAY BE,
ANY INFORMATION RELATING TO ANY BORROWER OR ANY OF ITS SUBSIDIARIES OR TO ANY
ASPECT OF THE LOANS THAT HAS BEEN FURNISHED TO THE LENDER BY OR ON BEHALF OF ANY
BORROWER OR ANY OF ITS SUBSIDIARIES.
(G)
THE LENDER MAY AT ANY TIME CREATE A SECURITY
INTEREST IN ALL OR ANY PORTION OF ITS RIGHTS UNDER THIS AGREEMENT (INCLUDING,
WITHOUT LIMITATION, THE LOANS OWING TO IT AND ANY NOTE HELD BY IT) (I) IN FAVOR
OF ANY FEDERAL RESERVE BANK IN ACCORDANCE WITH REGULATION A OF THE BOARD OF
GOVERNORS OF THE FEDERAL RESERVE SYSTEM AND ANY OPERATING CIRCULAR ISSUED BY
SUCH
61
FEDERAL RESERVE BANK OR (II)
IN FAVOR OF ANY TRUSTEE IN CONNECTION WITH LOAN
COLLATERALIZED DEBT ARRANGEMENTS.
(H)
NO SUCH ASSIGNMENT SHALL RELEASE THE
ASSIGNING LENDER FROM ITS OBLIGATIONS HEREUNDER.
SECTION 11.06
SUCCESSORS AND ASSIGNS.
THIS AGREEMENT
SHALL BE BINDING UPON AND INURE TO THE BENEFIT OF THE PARTIES HERETO AND THEIR
RESPECTIVE SUCCESSORS AND PERMITTED ASSIGNS.
SECTION 11.07
SURVIVAL.
THE OBLIGATIONS OF THE
BORROWERS UNDER SECTIONS 3.03 AND 11.03 OF THIS AGREEMENT SHALL SURVIVE THE
REPAYMENT OF THE LOANS AND THE TERMINATION OF THIS AGREEMENT.
IN ADDITION, EACH
REPRESENTATION AND WARRANTY MADE OR DEEMED TO BE MADE BY A REQUEST FOR A
BORROWING, HEREIN OR PURSUANT HERETO SHALL SURVIVE THE MAKING OF SUCH
REPRESENTATION AND WARRANTY, AND THE LENDER SHALL NOT BE DEEMED TO HAVE WAIVED,
BY REASON OF MAKING ANY LOAN, ANY DEFAULT THAT MAY ARISE BECAUSE ANY SUCH
REPRESENTATION OR WARRANTY SHALL HAVE PROVED TO BE FALSE OR MISLEADING,
NOTWITHSTANDING THAT THE LENDER MAY HAVE HAD NOTICE OR KNOWLEDGE OR REASON TO
BELIEVE THAT SUCH REPRESENTATION OR WARRANTY WAS FALSE OR MISLEADING AT THE TIME
SUCH LOAN WAS MADE.
SECTION 11.08
CAPTIONS.
THE TABLE OF CONTENTS AND
CAPTIONS AND SECTION HEADINGS APPEARING HEREIN ARE INCLUDED SOLELY FOR
CONVENIENCE OF REFERENCE AND ARE NOT INTENDED TO AFFECT THE INTERPRETATION OF
ANY PROVISION OF THIS AGREEMENT.
SECTION 11.09
EXECUTION IN COUNTERPARTS, EFFECTIVENESS,
ETC.
THIS AGREEMENT MAY BE EXECUTED BY THE PARTIES