ELECTRONIC COMMUNICATIONS AND THE APPROVED ELECTRONIC PLATFORM ARE PROVIDED
(SUBJECT TO SUBSECTION 10.16) "AS IS" AND "AS AVAILABLE."
Each of the Lenders and (subject to subsection 10.16) each of the Loan Parties
agrees that the Administrative Agent may, but (except as may be required by
applicable law) shall not be obligated to, store the Approved Electronic
Communications on the Approved Electronic Platform in accordance with the
Administrative Agent's generally-applicable document retention procedures and
policies.
SECTION 10
MISCELLANEOUS.
10.1
AMENDMENTS AND WAIVERS.
(A)
NEITHER THIS AGREEMENT NOR ANY OTHER LOAN DOCUMENT, NOR ANY TERMS
HEREOF OR THEREOF, MAY BE AMENDED, SUPPLEMENTED, MODIFIED OR WAIVED EXCEPT IN
ACCORDANCE WITH THE PROVISIONS OF THIS SUBSECTION 10.1.
THE REQUIRED LENDERS
MAY, OR, WITH THE WRITTEN CONSENT OF THE REQUIRED LENDERS, THE ADMINISTRATIVE
AGENT MAY, FROM TIME TO TIME, (X) ENTER INTO WITH THE RESPECTIVE LOAN PARTIES
HERETO OR THERETO, AS THE CASE MAY BE, WRITTEN AMENDMENTS, SUPPLEMENTS OR
MODIFICATIONS HERETO AND TO THE OTHER LOAN DOCUMENTS FOR THE PURPOSE OF ADDING
ANY PROVISIONS TO THIS AGREEMENT OR TO THE OTHER LOAN DOCUMENTS OR CHANGING, IN
ANY MANNER THE RIGHTS OR OBLIGATIONS OF THE LENDERS OR THE LOAN PARTIES
HEREUNDER OR THEREUNDER OR (Y) WAIVE AT ANY LOAN PARTY'S REQUEST, ON SUCH TERMS
AND CONDITIONS AS THE REQUIRED LENDERS OR THE ADMINISTRATIVE AGENT, AS THE CASE
MAY BE, MAY SPECIFY IN SUCH INSTRUMENT, ANY OF THE REQUIREMENTS OF THIS
AGREEMENT OR THE OTHER LOAN DOCUMENTS OR ANY DEFAULT OR EVENT OF DEFAULT AND ITS
CONSEQUENCES; PROVIDED, HOWEVER, THAT NO SUCH WAIVER AND NO SUCH AMENDMENT,
SUPPLEMENT OR MODIFICATION SHALL:
(I)
REDUCE OR FORGIVE THE AMOUNT OR EXTEND THE SCHEDULED DATE OF
MATURITY OF ANY LOAN HEREUNDER OR OF ANY SCHEDULED INSTALLMENT THEREOF OR REDUCE
THE STATED RATE OF ANY INTEREST, COMMISSION OR FEE PAYABLE HEREUNDER (OTHER THAN
AS A RESULT OF ANY WAIVER OF THE APPLICABILITY OF ANY POST-DEFAULT INCREASE IN
INTEREST RATES) OR EXTEND THE SCHEDULED DATE OF ANY PAYMENT THEREOF OR INCREASE
THE AMOUNT OR EXTEND THE EXPIRATION DATE OF ANY LENDER'S SENIOR INTERIM LOAN
COMMITMENT OR CHANGE THE CURRENCY IN WHICH ANY SENIOR INTERIM LOAN IS PAYABLE,
IN EACH CASE WITHOUT THE CONSENT OF EACH LENDER DIRECTLY AFFECTED THEREBY (IT
BEING UNDERSTOOD THAT WAIVERS OR MODIFICATIONS OF CONDITIONS PRECEDENT,
COVENANTS, DEFAULTS OR EVENTS OF DEFAULT OR OF A MANDATORY REDUCTION IN THE
AGGREGATE SENIOR INTERIM LOAN COMMITMENT OF ALL LENDERS SHALL NOT CONSTITUTE AN
INCREASE OF THE SENIOR INTERIM LOAN COMMITMENT OF ANY LENDER, AND THAT AN
INCREASE IN THE AVAILABLE PORTION OF ANY SENIOR INTERIM LOAN COMMITMENT OF ANY
LENDER SHALL NOT CONSTITUTE AN INCREASE IN THE SENIOR INTERIM LOAN COMMITMENT OF
SUCH LENDER);
(II)
AMEND, MODIFY OR WAIVE ANY PROVISION OF THIS SUBSECTION 10.1(A)
OR REDUCE THE PERCENTAGE SPECIFIED IN THE DEFINITION OF REQUIRED LENDERS OR
SUPERMAJORITY LENDERS, OR CONSENT TO THE ASSIGNMENT OR TRANSFER BY THE BORROWER
OF ANY OF ITS RIGHTS AND
100
OBLIGATIONS UNDER THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS (OTHER THAN
PURSUANT TO SUBSECTION