ANY AGENT OR ANY LENDER
OR ON THEIR BEHALF AND NOTWITHSTANDING THAT ANY AGENT OR ANY LENDER MAY HAVE HAD
NOTICE OR KNOWLEDGE OF ANY DEFAULT OR EVENT OF DEFAULT AT THE TIME OF THE
FUNDING, AND SHALL CONTINUE IN FULL FORCE AND EFFECT AS LONG AS ANY LOAN OR ANY
OTHER OBLIGATION HEREUNDER OR UNDER ANY OTHER FINANCING DOCUMENT SHALL REMAIN
UNPAID OR UNSATISFIED.
SECTION 11.17
TREATMENT OF CERTAIN INFORMATION;
CONFIDENTIALITY. EACH OF THE AGENTS AND THE LENDERS AGREES TO MAINTAIN THE
CONFIDENTIALITY OF THE INFORMATION, EXCEPT THAT INFORMATION MAY BE DISCLOSED
(A) TO ITS AFFILIATES AND TO ITS AFFILIATES' RESPECTIVE PARTNERS, DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, ADVISORS (INCLUDING LEGAL COUNSEL AND FINANCIAL
ADVISORS) AND REPRESENTATIVES (IT BEING UNDERSTOOD THAT THE PERSONS TO WHOM SUCH
DISCLOSURE IS MADE WILL BE INFORMED OF THE CONFIDENTIAL NATURE OF SUCH
INFORMATION AND INSTRUCTED TO KEEP SUCH INFORMATION CONFIDENTIAL); (B) TO THE
EXTENT REQUESTED OR REQUIRED BY ANY REGULATORY AUTHORITY PURPORTING TO HAVE
JURISDICTION OVER IT; (C) TO THE EXTENT REQUIRED BY APPLICABLE LAW OR
REGULATIONS OR BY ANY SUBPOENA OR SIMILAR LEGAL PROCESS; (D) TO ANY OTHER PARTY
TO THIS AGREEMENT; (E) IN CONNECTION WITH THE EXERCISE OF ANY REMEDIES HEREUNDER
OR ANY SUIT, ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR THE ENFORCEMENT
OF RIGHTS HEREUNDER (INCLUDING ANY ACTUAL OR PROSPECTIVE PURCHASER OF
COLLATERAL); (F) SUBJECT TO AN AGREEMENT CONTAINING PROVISIONS SUBSTANTIALLY THE
SAME AS THOSE OF THIS SECTION 11.17, TO (I) ANY ELIGIBLE ASSIGNEE OF OR
PARTICIPANT IN, OR ANY PROSPECTIVE ELIGIBLE ASSIGNEE OF OR PARTICIPANT IN, ANY
OF ITS RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT, (II) ANY DIRECT OR INDIRECT
CONTRACTUAL COUNTERPARTY OR PROSPECTIVE COUNTERPARTY (OR SUCH CONTRACTUAL
COUNTERPARTY'S OR PROSPECTIVE COUNTERPARTY'S PROFESSIONAL ADVISOR) TO ANY CREDIT
DERIVATIVE TRANSACTION RELATING TO OBLIGATIONS OF THE BORROWER OR (III) ANY
PERSON (AND ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ADVISORS) THAT
MAY ENTER INTO OR SUPPORT, DIRECTLY OR INDIRECTLY, OR THAT MAY BE CONSIDERING
ENTERING INTO OR SUPPORTING, DIRECTLY OR INDIRECTLY, EITHER (A) CONTRACTUAL
ARRANGEMENTS WITH SUCH AGENT OR LENDER, OR ANY AFFILIATES THEREOF, PURSUANT TO
WHICH ALL OR ANY PORTION OF THE RISKS, RIGHTS, BENEFITS OR OBLIGATIONS UNDER OR
WITH RESPECT TO ANY LOAN OR FINANCING DOCUMENT IS TRANSFERRED TO SUCH PERSON OR
(B) AN ACTUAL OR PROPOSED SECURITIZATION OR COLLATERALIZATION OF, OR SIMILAR
TRANSACTION RELATING TO, ALL OR A PART OF ANY AMOUNTS PAYABLE TO OR FOR THE
BENEFIT OF ANY LENDER UNDER ANY FINANCING DOCUMENT (INCLUDING ANY RATING
AGENCY); (G) WITH THE CONSENT OF THE BORROWER; (H) TO THE EXTENT SUCH
INFORMATION (I) BECOMES PUBLICLY AVAILABLE OTHER THAN AS A RESULT OF A BREACH OF
THIS SECTION 11.17 OR (II) BECOMES AVAILABLE TO ANY AGENT, ANY LENDER OR ANY OF
THEIR RESPECTIVE AFFILIATES ON A NON-CONFIDENTIAL BASIS FROM A SOURCE OTHER THAN
THE BORROWER; (I) TO ANY STATE, FEDERAL OR FOREIGN AUTHORITY OR EXAMINER
(INCLUDING THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS OR ANY OTHER
SIMILAR ORGANIZATION) REGULATING ANY LENDER; OR (J) TO ANY RATING AGENCY WHEN
REQUIRED BY