PURPOSE AS
AN AGENT OF THE BORROWER, SHALL MAINTAIN AT ONE OF ITS OFFICES IN CHICAGO,
ILLINOIS A COPY OF EACH ASSIGNMENT AND ASSUMPTION DELIVERED TO IT AND A REGISTER
FOR THE RECORDATION OF THE NAMES AND ADDRESSES OF THE LENDERS, AND THE
COMMITMENTS OF, AND PRINCIPAL AMOUNTS OF THE LOANS OWING TO, EACH LENDER
PURSUANT TO THE TERMS HEREOF FROM TIME TO TIME (THE "REGISTER").
THE ENTRIES IN
THE REGISTER SHALL BE CONCLUSIVE, AND THE BORROWER, THE AGENT AND THE LENDERS
MAY TREAT EACH PERSON WHOSE NAME IS RECORDED IN THE REGISTER PURSUANT TO THE
TERMS HEREOF AS A LENDER HEREUNDER FOR ALL PURPOSES OF THIS AGREEMENT,
NOTWITHSTANDING NOTICE TO THE CONTRARY.
THE REGISTER SHALL BE AVAILABLE FOR
INSPECTION BY THE BORROWER AND ANY LENDER, AT ANY REASONABLE TIME AND FROM TIME
TO TIME UPON REASONABLE PRIOR NOTICE.
12.4
DISSEMINATION OF INFORMATION.
THE BORROWER
AUTHORIZES EACH LENDER TO DISCLOSE TO ANY PARTICIPANT OR PURCHASER OR ANY OTHER
PERSON ACQUIRING AN INTEREST IN THE LOAN DOCUMENTS BY OPERATION OF LAW (EACH A
"TRANSFEREE") AND ANY PROSPECTIVE TRANSFEREE ANY AND ALL INFORMATION IN SUCH
LENDER'S POSSESSION CONCERNING THE CREDITWORTHINESS OF THE BORROWER AND ITS
SUBSIDIARIES, INCLUDING WITHOUT LIMITATION ANY INFORMATION CONTAINED IN ANY
REPORTS; PROVIDED THAT EACH TRANSFEREE AND PROSPECTIVE TRANSFEREE AGREES TO BE
BOUND BY SECTION 9.11 OF THIS AGREEMENT.
12.5
TAX TREATMENT.
IF ANY INTEREST IN ANY LOAN
DOCUMENT IS TRANSFERRED TO ANY TRANSFEREE WHICH IS NOT INCORPORATED UNDER THE
LAWS OF THE UNITED STATES OR ANY STATE THEREOF, THE TRANSFEROR LENDER SHALL
CAUSE SUCH TRANSFEREE, CONCURRENTLY WITH THE EFFECTIVENESS OF SUCH TRANSFER, TO
COMPLY WITH THE PROVISIONS OF SECTION 3.5(D).
51
ARTICLE XIII
NOTICES
13.1
NOTICES.
EXCEPT AS OTHERWISE PERMITTED BY
SECTION 2.14 WITH RESPECT TO BORROWING NOTICES, ALL NOTICES, REQUESTS AND OTHER
COMMUNICATIONS TO ANY PARTY HEREUNDER SHALL BE IN WRITING (INCLUDING ELECTRONIC
TRANSMISSION, FACSIMILE TRANSMISSION OR SIMILAR WRITING) AND SHALL BE GIVEN TO
SUCH PARTY: (X) IN THE CASE OF THE BORROWER OR THE AGENT, AT ITS ADDRESS OR
FACSIMILE NUMBER SET FORTH ON THE SIGNATURE PAGES HEREOF, (Y) IN THE CASE OF ANY
LENDER, AT ITS ADDRESS OR FACSIMILE NUMBER SET FORTH BELOW ITS SIGNATURE HERETO
OR (Z) IN THE CASE OF ANY PARTY, AT SUCH OTHER ADDRESS OR FACSIMILE NUMBER AS
SUCH PARTY MAY HEREAFTER SPECIFY FOR THE PURPOSE BY NOTICE TO THE AGENT AND THE
BORROWER IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION 13.1.
EACH SUCH
NOTICE, REQUEST OR OTHER COMMUNICATION SHALL BE EFFECTIVE (I) IF GIVEN BY
FACSIMILE TRANSMISSION, WHEN TRANSMITTED TO THE FACSIMILE NUMBER SPECIFIED IN
THIS SECTION AND CONFIRMATION OF RECEIPT IS RECEIVED, (II) IF GIVEN BY MAIL, 72
HOURS AFTER SUCH COMMUNICATION IS DEPOSITED IN THE MAILS WITH FIRST CLASS
POSTAGE PREPAID, ADDRESSED AS AFORESAID, OR (III) IF GIVEN BY ANY OTHER MEANS,
WHEN DELIVERED (OR, IN THE CASE OF ELECTRONIC TRANSMISSION, RECEIVED) AT THE
ADDRESS SPECIFIED IN THIS SECTION; PROVIDED THAT NOTICES TO THE AGENT UNDER
ARTICLE II SHALL NOT BE EFFECTIVE UNTIL RECEIVED.
13.2
CHANGE