ANY THEREOF ARISING OUT OF OR IN CONNECTION WITH AN
EXAMINATION OF AGENT, ANY LENDER OR ANY BORROWER ENTITY (AS APPLICABLE); (D) TO
ANY OF THE RECEIVING PARTY'S OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS,
ACCOUNTANTS, AGENTS, ADVISORS OR OTHER REPRESENTATIVES WHO REQUIRE ACCESS TO
INFORMATION TO PARTICIPATE IN THE ADMINISTRATION OF THE PROJECT LOAN; OR (E) IN
CONNECTION WITH ANY ACTUAL OR PROPOSED ASSIGNMENT OF ALL OR ANY PART OF AGENT'S
OR ANY LENDER'S INTERESTS IN THE PROJECT LOAN.
WITHOUT LIMITING THE FOREGOING,
BORROWER AND AGENT, FOR ITSELF AND ON BEHALF OF LENDERS, ACKNOWLEDGE AND AGREE
THAT IF ANY REPORT CONCERNING THE LOANS OR THE PROJECT APPEARS IN ANY MEDIA
OUTLET (INCLUDING, WITHOUT LIMITATION, THE NEW YORK TIMES, THE BOSTON GLOBE, THE
WORCESTER TELEGRAM & GAZETTE AND RELATED WEB SITES) OWNED BY NYTC GUARANTOR (THE
"NEWS OUTLETS"), BORROWER SHALL NOT BE IN VIOLATION OF THIS SECTION 11.23 AS
LONG AS BORROWER HAS NOT DISCLOSED INFORMATION TO THE NEWS OUTLETS AND KEEPS
SUCH INFORMATION CONFIDENTIAL FROM THE NEWS OUTLETS IN ACCORDANCE WITH ITS
STANDARD POLICIES AND PROCEDURES.
FOR PURPOSES OF THIS SECTION, "INFORMATION"
SHALL INCLUDE THE ECONOMIC TERMS AND PROVISIONS OF THE PROJECT LOAN AND SHALL
NOT INCLUDE (I) ANY INFORMATION, PRODUCT OR STRUCTURE INTERNALLY DEVELOPED BY
ANY RECEIVING PARTY PROVIDED THE SAME DOES NOT IDENTIFY ANY ECONOMIC TERMS OF
THE PROJECT LOAN; (II) ANY INFORMATION IN ANY RECEIVING PARTY'S POSSESSION OR
OTHERWISE KNOWN TO ANY RECEIVING PARTY PRIOR TO THE COMMENCEMENT OF NEGOTIATIONS
IN CONNECTION WITH THE CONSUMMATION OF THE PROJECT LOAN; (III) ANY INFORMATION
WHICH IS, OR BECOMES, PUBLIC OR PART OF THE PUBLIC DOMAIN; AND (IV) ANY
INFORMATION WHICH WAS PREVIOUSLY, OR IS SUBSEQUENT TO THE DATE HEREOF, MADE
AVAILABLE TO ANY RECEIVING PARTY BY A SOURCE NOT KNOWN TO SUCH RECEIVING PARTY
TO BE BOUND BY A CONFIDENTIALITY AGREEMENT WITH ANY BORROWER ENTITY, AGENT OR
ANY LENDER (AS APPLICABLE).
SUPPLEMENTING THE FOREGOING, ALL PUBLICITY
STATEMENTS AND PRESS RELEASES ISSUED BY ANY BORROWER ENTITY WHICH REFER TO
AGENT, ANY LENDER OR THE PROJECT LOAN MUST BE APPROVED IN ADVANCE BY AGENT.
SECTION 11.24
REINSTATEMENT OF OBLIGATIONS.
IF AT ANY TIME ALL OR
ANY PART OF ANY PAYMENT MADE BY ON BEHALF OF BORROWER OR RECEIVED BY AGENT, ANY
LENDER OR ANY INDEMNIFIED PARTY UNDER OR WITH RESPECT TO THIS AGREEMENT IS OR
MUST BE RESCINDED OR RETURNED FOR ANY REASON WHATSOEVER (INCLUDING, BUT NOT
LIMITED TO, THE INSOLVENCY,
141
BANKRUPTCY OR REORGANIZATION OF BORROWER), THEN THE OBLIGATIONS OF BORROWER
HEREUNDER SHALL, TO THE EXTENT OF THE PAYMENT RESCINDED OR RETURNED, BE DEEMED
TO HAVE CONTINUED IN EXISTENCE, NOTWITHSTANDING SUCH PREVIOUS PAYMENT, OR
RECEIPT OF PAYMENT BY AGENT, SUCH LENDER OR SUCH INDEMNIFIED PARTY, AND THE
OBLIGATIONS OF BORROWER HEREUNDER SHALL CONTINUE TO BE EFFECTIVE OR BE
REINSTATED, AS THE CASE MAY BE, AS TO SUCH PAYMENT, ALL AS THOUGH SUCH PREVIOUS
PAYMENT HAD NEVER BEEN MADE.
SECTION 11.25
FACSIMILE SIGNATURES.
PROJECT LOAN DOCUMENTS (OTHER
THAN ANY PROJECT LOAN NOTES) AND THE NYTC COMPLETION GUARANTY MAY BE SIGNED BY
FACSIMILE.