DELIVERY AND
PERFORMANCE OF THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS AND SHALL CONTINUE
UNTIL ONE YEAR AFTER THE LATER OF (I) THE REPAYMENT OF THE OBLIGATIONS; AND (II)
THE DATE ON WHICH THE BANKS' OBLIGATIONS TO MAKE LOANS SHALL HAVE FULLY AND
FINALLY TERMINATED; AND ANY INVESTIGATION AT ANY TIME BY OR ON BEHALF OF THE
AGENT OR ANY BANK SHALL NOT DIMINISH ANY OF THEIR RESPECTIVE RIGHTS TO RELY
THEREON.
SECTION 10.13
SEVERABILITY.
IN CASE ANY ONE OR MORE OF THE PROVISIONS OR
PART OF A PROVISION CONTAINED IN ANY LOAN DOCUMENT SHALL FOR ANY REASON BE HELD
TO BE INVALID, ILLEGAL OR UNENFORCEABLE IN ANY RESPECT IN ANY JURISDICTION, SUCH
INVALIDITY, ILLEGALITY OR UNENFORCEABILITY
53
shall be deemed not to affect any other jurisdiction or any other provision or
part of a provision of any Loan Document, but such Loan Document shall be
reformed and construed in such jurisdiction as if such provision or part of a
provision held to be invalid or illegal or unenforceable had never been
contained herein and such provision or part reformed so that it would be valid,
legal and enforceable in such jurisdiction to the maximum extent possible.
SECTION 10.14
GOVERNMENTAL REGULATION.
ANYTHING CONTAINED IN ANY LOAN
DOCUMENT TO THE CONTRARY NOTWITHSTANDING, EACH BORROWER ACKNOWLEDGES AND AGREES
THAT NEITHER THE AGENT NOR ANY BANK SHALL BE OBLIGATED (I) TO EXTEND OR FUND ANY
CREDIT OR OTHER FINANCIAL ACCOMMODATION TO, OR FOR THE BENEFIT OF, ANY BORROWER
IN AN AMOUNT; OR (II) TO PERFORM ANY OTHER AGREEMENT OR OBLIGATION TO, OR FOR
THE BENEFIT OF, ANY BORROWER IN ANY REGARD, IN CONTRADICTION OR VIOLATION OF ANY
LIMITATION OR PROHIBITION PROVIDED BY ANY APPLICABLE STATUTE OR REGULATION, OR
ANY INTERPRETATION, RULING, DECISION, OPINION OR OTHER PRONOUNCEMENT IN RESPECT
THERETO (WHETHER OR NOT HAVING THE EFFECT OF LAW), WHICH ANY OF THEM BELIEVES IS
APPLICABLE.
SECTION 10.15
NO CONTROL.
NONE OF THE COVENANTS, TERMS OR OTHER PROVISIONS
OF ANY LOAN DOCUMENT OR ANY DOCUMENT EXECUTED IN CONJUNCTION THEREWITH OR
RELATED THERETO SHALL, OR SHALL BE DEEMED TO, GIVE THE AGENT OR ANY BANK RIGHTS
OR POWERS TO EXERCISE CONTROL OVER, OR PARTICIPATE IN THE MANAGEMENT OF, THE
BUSINESS, AFFAIRS, OPERATIONS OR MANAGEMENT OF ANY BORROWER OR ANY OF THEIR
RESPECTIVE PROPERTY, INCLUDING ANY RIGHT OR POWER TO INFLUENCE OR AFFECT ANY OF
ITS TREATMENT, TRANSPORTATION, STORAGE OR DISPOSAL OF TOXIC AND/OR HAZARDOUS
WASTE, SUBSTANCES OR CONSTITUENTS.
THE RELATIONSHIP BETWEEN EACH BORROWER AND
THE OTHER PARTIES HERETO CREATED BY THIS AGREEMENT AND EACH OF THE OTHER LOAN
DOCUMENTS IS ONLY THAT OF DEBTOR-CREDITOR (WITH OR WITHOUT SECURITY, AS
APPLICABLE), AND THE RIGHTS OF SUCH OTHER PARTIES HEREUNDER AND THEREUNDER ARE
LIMITED TO THE RIGHTS TO RECEIVE PAYMENT OF THE OBLIGATIONS AND TO EXERCISE THE
RIGHTS PROVIDED HEREIN AND THEREIN AND IN ANY OTHER DOCUMENT EXECUTED IN
CONJUNCTION HEREWITH OR THEREWITH OR RELATED HERETO OR THERETO.
SECTION 10.16
RENEWALS, EXTENSIONS, REARRANGEMENTS, TERMINATION, ETC.
WITH
RESPECT TO EACH AND EVERY (I) RENEWAL, EXTENSION, INCREASE AND REARRANGEMENT,