WILL BE INFORMED OF THE CONFIDENTIAL NATURE OF SUCH
INFORMATION AND INSTRUCTED TO KEEP SUCH INFORMATION CONFIDENTIAL), (B) TO THE
EXTENT REQUESTED BY, OR REQUIRED TO BE DISCLOSED TO, ANY RATING AGENCY, OR
REGULATORY OR SIMILAR AUTHORITY (INCLUDING ANY SELF-REGULATORY AUTHORITY, SUCH
AS THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS), (C) TO THE EXTENT
REQUIRED BY APPLICABLE LAWS OR REGULATIONS OR BY ANY SUBPOENA OR SIMILAR LEGAL
PROCESS AND THE ADMINISTRATIVE AGENT OR SUCH LENDER, AS APPLICABLE, WILL USE ITS
COMMERCIALLY REASONABLE EFFORTS TO PROVIDE PRIOR WRITTEN NOTICE THEREOF TO THE
COMPANY, (D) TO ANY OTHER PARTY HERETO, (E) IN CONNECTION WITH THE EXERCISE OF
ANY REMEDIES UNDER THIS AGREEMENT OR UNDER ANY OTHER LOAN DOCUMENT (OR ANY
HEDGING AGREEMENT WITH A LENDER OR THE ADMINISTRATIVE AGENT) OR ANY ACTION OR
PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT (OR ANY HEDGING
AGREEMENT WITH A LENDER OR THE ADMINISTRATIVE AGENT) OR THE ENFORCEMENT OF
RIGHTS HEREUNDER OR THEREUNDER, (F) SUBJECT TO AN AGREEMENT CONTAINING
PROVISIONS SUBSTANTIALLY THE SAME AS THOSE OF THIS SECTION, TO (I) ANY
PURCHASING LENDER, PROPOSED PURCHASING LENDER, PARTICIPANT OR PROPOSED
PARTICIPANT, OR (II) ANY ACTUAL OR PROSPECTIVE COUNTERPARTY (OR ITS ADVISORS) TO
ANY SWAP OR DERIVATIVE TRANSACTION RELATING TO THE BORROWERS AND THEIR
OBLIGATIONS, (G) WITH THE CONSENT OF THE COMPANY, ON BEHALF OF THE BORROWERS,
(H) TO GOLD SHEETS AND OTHER SIMILAR BANK TRADE PUBLICATIONS, SUCH INFORMATION
TO CONSIST OF DEAL TERMS AND OTHER INFORMATION CUSTOMARILY FOUND IN SUCH
PUBLICATIONS, (I) TO THE EXTENT SUCH INFORMATION (X) BECOMES PUBLICLY AVAILABLE
OTHER THAN AS A RESULT OF A BREACH OF THIS SECTION OR (Y) BECOMES AVAILABLE TO
THE ADMINISTRATIVE AGENT OR ANY LENDER ON A NONCONFIDENTIAL BASIS FROM A SOURCE
OTHER THAN THE BORROWERS OR (J) TO GOVERNMENTAL REGULATORY AUTHORITIES IN
CONNECTION WITH ANY REGULATORY EXAMINATION OF THE ADMINISTRATIVE AGENT OR ANY
LENDER OR IN ACCORDANCE WITH THE ADMINISTRATIVE AGENT'S OR ANY LENDER'S
REGULATORY COMPLIANCE POLICY IF THE ADMINISTRATIVE AGENT OR SUCH LENDER DEEMS
NECESSARY FOR THE MITIGATION OF CLAIMS BY THOSE AUTHORITIES AGAINST THE
ADMINISTRATIVE AGENT OR SUCH LENDER OR ANY OF ITS SUBSIDIARIES OR AFFILIATES.
FOR PURPOSES OF THIS SECTION, "INFORMATION" MEANS ALL INFORMATION RECEIVED FROM
ANY CREDIT PARTY RELATING TO ANY CREDIT PARTY OR ANY OF THEIR RESPECTIVE
BUSINESSES, OTHER THAN ANY SUCH INFORMATION THAT IS AVAILABLE TO THE
ADMINISTRATIVE AGENT OR ANY LENDER ON A NONCONFIDENTIAL BASIS PRIOR TO
DISCLOSURE BY ANY CREDIT PARTY.
ANY PERSON REQUIRED TO MAINTAIN THE
CONFIDENTIALITY OF INFORMATION AS PROVIDED IN THIS SECTION SHALL BE CONSIDERED
TO HAVE COMPLIED WITH ITS OBLIGATION TO DO SO IF SUCH PERSON HAS EXERCISED THE
SAME DEGREE OF CARE TO MAINTAIN THE CONFIDENTIALITY OF SUCH INFORMATION AS SUCH
PERSON WOULD ACCORD TO ITS OWN CONFIDENTIAL INFORMATION.
SECTION 13.12
PERFORMANCE OF DUTIES.
EACH OF THE CREDIT PARTY'S
OBLIGATIONS UNDER THIS AGREEMENT AND EACH OF THE OTHER LOAN DOCUMENTS SHALL BE
PERFORMED BY SUCH CREDIT PARTY AT ITS SOLE COST AND EXPENSE.
SECTION 13.13
ALL POWERS COUPLED WITH INTEREST.
ALL POWERS OF