NON-APPEALABLE JUDGMENT BY A
COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT
PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
(D)
THE ADMINISTRATIVE AGENT AGREES THAT THE RECEIPT OF THE COMMUNICATIONS BY
IT AT ITS E-MAIL ADDRESS SET FORTH IN SECTION 9.01 SHALL CONSTITUTE EFFECTIVE
DELIVERY OF THE COMMUNICATIONS TO THE ADMINISTRATIVE AGENT FOR PURPOSES OF THIS
SECTION.
EACH LENDER AGREES THAT NOTICE TO IT (AS PROVIDED IN THE NEXT
SENTENCE) SPECIFYING THAT THE COMMUNICATIONS HAVE BEEN POSTED TO A PLATFORM
SHALL CONSTITUTE EFFECTIVE DELIVERY OF THE COMMUNICATIONS TO SUCH LENDER FOR
PURPOSES OF THIS SECTION.
EACH LENDER AGREES (I) TO NOTIFY THE ADMINISTRATIVE
AGENT IN WRITING (INCLUDING BY ELECTRONIC COMMUNICATION) FROM TIME TO TIME OF
SUCH LENDER'S E-MAIL ADDRESS TO WHICH THE FOREGOING NOTICE MAY BE SENT BY
ELECTRONIC TRANSMISSION AND (II) THAT THE FOREGOING NOTICE MAY BE SENT TO SUCH
E-MAIL ADDRESS.
(E)
NOTHING IN THIS SECTION 9.16 SHALL PREJUDICE THE RIGHT OF THE
ADMINISTRATIVE AGENT OR ANY LENDER TO GIVE ANY NOTICE OR OTHER COMMUNICATION
PURSUANT TO ANY SENIOR LOAN DOCUMENT IN ANY OTHER MANNER SPECIFIED IN SUCH
SENIOR LOAN DOCUMENT.
SECTION 9.17.
USA PATRIOT ACT.
EACH LENDER AND EACH ISSUING BANK HEREBY
NOTIFIES THE BORROWER THAT PURSUANT TO THE REQUIREMENTS OF THE USA PATRIOT 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
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WILL ALLOW SUCH LENDER OR ISSUING BANK TO IDENTIFY THE BORROWER IN ACCORDANCE
WITH ITS REQUIREMENTS.
THE BORROWER SHALL PROMPTLY, FOLLOWING A REQUEST BY THE
ADMINISTRATIVE AGENT, ANY LENDER OR ANY ISSUING BANK, PROVIDE ALL DOCUMENTATION
AND OTHER INFORMATION THAT THE ADMINISTRATIVE AGENT, SUCH LENDER OR SUCH ISSUING
BANK REASONABLY REQUESTS IN ORDER TO COMPLY WITH ITS ONGOING OBLIGATIONS UNDER
APPLICABLE "KNOW YOUR CUSTOMER" AND ANTI-MONEY LAUNDERING RULES AND REGULATIONS,
INCLUDING THE USA PATRIOT ACT.
SECTION 9.18.
RELEASE OF INTERIM COLLATERAL; TERMINATION OF INTERIM COLLATERAL
DOCUMENTS.
UPON THE OCCURRENCE OF THE BORROWING BASE DATE, THE SECURITY
INTERESTS GRANTED IN THE INTERIM COLLATERAL, AND THE GUARANTEES MADE, UNDER THE
INTERIM COLLATERAL DOCUMENTS SHALL BE AUTOMATICALLY RELEASED, AND THE INTERIM
COLLATERAL DOCUMENTS SHALL AUTOMATICALLY TERMINATE IN ACCORDANCE WITH THEIR
TERMS.
IN CONNECTION WITH THE RELEASE OF SECURITY INTERESTS GRANTED IN THE
INTERIM COLLATERAL, AND THE GUARANTEES MADE, UNDER THE INTERIM COLLATERAL
DOCUMENTS, THE TRANCHE 2 LENDERS HEREBY AUTHORIZE THE BORROWER (OR ITS COUNSEL)
TO FILE, REGISTER OR RECORD ALL DOCUMENTS AND INSTRUMENTS, INCLUDING AMENDMENTS
TO UNIFORM COMMERCIAL CODE FINANCING STATEMENTS, REQUIRED BY LAW, ADVISABLE OR
REASONABLY REQUESTED BY THE BORROWER, AND AGREE TO EXECUTE AND DELIVER ALL
FURTHER INSTRUMENTS AND DOCUMENTS AND TAKE ALL FURTHER ACTION THAT MAY BE
NECESSARY OR THAT THE BORROWER MAY REASONABLY REQUEST IN ORDER TO EFFECTUATE
SUCH RELEASE, ALL AT THE EXPENSE OF THE BORROWER.
FOR THE AVOIDANCE OF DOUBT,
THE FOREGOING DOES NOT AUTHORIZE THE BORROWER TO TAKE ANY ACTION THAT WOULD
RESULT IN THE RELEASE OF THE SECURITY INTERESTS GRANTED IN THE INTERIM
COLLATERAL UNDER THE