TO ANY
BORROWER OR ITS BUSINESS, OTHER THAN ANY SUCH INFORMATION THAT IS AVAILABLE TO
THE ADMINISTRATIVE AGENT, THE ISSUING BANK OR ANY LENDER ON A NONCONFIDENTIAL
BASIS PRIOR TO DISCLOSURE BY A BORROWER; PROVIDED THAT, IN THE CASE OF
INFORMATION RECEIVED FROM A BORROWER AFTER THE DATE HEREOF, SUCH INFORMATION IS
CLEARLY IDENTIFIED AT THE TIME OF DELIVERY AS CONFIDENTIAL.
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 9.13.
INTEREST RATE LIMITATION.
NOTWITHSTANDING ANYTHING HEREIN TO THE
CONTRARY, IF AT ANY TIME THE INTEREST RATE APPLICABLE TO ANY LOAN, TOGETHER WITH
ALL FEES, CHARGES AND OTHER AMOUNTS WHICH ARE TREATED AS INTEREST ON SUCH LOAN
UNDER APPLI­CABLE LAW (COLLECTIVELY THE "CHARGES"), SHALL EXCEED THE MAXIMUM
LAWFUL RATE (THE "MAXIMUM RATE") WHICH MAY BE CONTRACTED FOR, CHARGED, TAKEN,
RECEIVED OR RESERVED BY THE LENDER HOLDING SUCH LOAN IN ACCORDANCE WITH
APPLICABLE LAW, THE RATE OF INTEREST PAYABLE IN RESPECT OF SUCH LOAN HEREUNDER,
TOGETHER WITH ALL CHARGES PAYABLE IN RESPECT THEREOF, SHALL BE LIMITED TO THE
MAXIMUM RATE AND, TO THE EXTENT LAWFUL, THE INTEREST AND CHARGES THAT WOULD HAVE
BEEN PAYABLE IN RESPECT OF SUCH LOAN BUT WERE NOT PAYABLE AS A RESULT OF THE
OPERATION OF THIS SECTION SHALL BE CUMULATED AND THE INTEREST AND CHARGES
PAYABLE TO SUCH LENDER IN RESPECT OF OTHER LOANS OR PERIODS SHALL BE INCREASED
(BUT NOT ABOVE THE MAXIMUM RATE THEREFOR) UNTIL SUCH CUMULATED AMOUNT, TOGETHER
WITH INTEREST THEREON AT THE FEDERAL FUNDS EFFECTIVE RATE TO THE DATE OF
REPAYMENT, SHALL HAVE BEEN RECEIVED BY SUCH LENDER.
SECTION 9.14.
JOINT AND SEVERAL OBLIGATIONS; CONTRIBUTION RIGHTS; SAVINGS
CLAUSE. (A) NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN OR IN ANY
OTHER LOAN DOCUMENT, THE OBLIGATIONS OF THE BORROWERS HEREUNDER AND UNDER THE
OTHER LOAN DOCUMENTS ARE JOINT AND SEVERAL.
(B)
IF ANY BORROWER MAKES A PAYMENT IN RESPECT OF THE
OBLIGATIONS IT SHALL HAVE THE RIGHTS OF CONTRIBUTION SET FORTH BELOW AGAINST THE
OTHER BORROWERS; PROVIDED THAT SUCH BORROWER SHALL NOT EXERCISE ITS RIGHT OF
CONTRIBUTION UNTIL ALL THE OBLIGATIONS SHALL HAVE BEEN FINALLY PAID IN FULL IN
CASH.
IF ANY BORROWER MAKES A PAYMENT IN RESPECT OF THE OBLIGATIONS THAT IS
SMALLER IN PROPORTION TO ITS PAYMENT SHARE (AS HEREINAFTER DEFINED) THAN SUCH
PAYMENTS MADE BY THE OTHER BORROWERS ARE IN PROPORTION TO THE
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amounts of their respective Payment Shares, the Borrower making such
proportionately smaller payment shall, when permitted by the preceding sentence,
pay to the other Borrowers an amount such that the net payments made by the
Borrower in respect of the Obligations shall be shared among the Borrowers pro
rata in proportion to their respective Payment Shares.
If any Borrower receives
any payment that is greater in proportion to the amount