EACH OTHER LOAN
DOCUMENT MUTATIS MUTANDIS.
16.6
REVIVAL AND REINSTATEMENT OF OBLIGATIONS. IF THE INCURRENCE OR
PAYMENT OF THE OBLIGATIONS BY ANY BORROWER OR THE TRANSFER TO THE LENDER GROUP
OF ANY PROPERTY SHOULD FOR ANY REASON SUBSEQUENTLY BE DECLARED TO BE VOID OR
VOIDABLE UNDER ANY STATE OR FEDERAL LAW RELATING TO CREDITORS' RIGHTS, INCLUDING
PROVISIONS OF THE BANKRUPTCY CODE RELATING TO FRAUDULENT CONVEYANCES,
PREFERENCES, OR OTHER VOIDABLE OR RECOVERABLE PAYMENTS OF MONEY OR TRANSFERS OF
PROPERTY (COLLECTIVELY, A "VOIDABLE TRANSFER"), AND IF THE LENDER GROUP IS
REQUIRED TO REPAY OR RESTORE, IN WHOLE OR IN PART, ANY SUCH VOIDABLE TRANSFER,
OR ELECTS TO DO SO UPON THE REASONABLE ADVICE OF ITS COUNSEL, THEN, AS TO ANY
SUCH VOIDABLE TRANSFER, OR THE AMOUNT THEREOF THAT THE LENDER GROUP IS REQUIRED
OR ELECTS TO REPAY OR RESTORE, AND AS TO ALL REASONABLE COSTS, EXPENSES, AND
ATTORNEYS FEES OF THE LENDER GROUP RELATED THERETO, THE LIABILITY OF BORROWERS
AUTOMATICALLY SHALL BE REVIVED, REINSTATED, AND RESTORED AND SHALL EXIST AS
THOUGH SUCH VOIDABLE TRANSFER HAD NEVER BEEN MADE.
16.7
CONFIDENTIALITY. AGENT AND LENDERS EACH INDIVIDUALLY (AND NOT
JOINTLY OR JOINTLY AND SEVERALLY) AGREE THAT MATERIAL, NON-PUBLIC INFORMATION
REGARDING BORROWERS AND THEIR SUBSIDIARIES, THEIR OPERATIONS, ASSETS, AND
EXISTING AND CONTEMPLATED BUSINESS PLANS SHALL BE TREATED BY AGENT AND THE
LENDERS IN A CONFIDENTIAL MANNER, AND SHALL NOT BE DISCLOSED BY AGENT AND THE
LENDERS TO PERSONS WHO ARE NOT PARTIES TO THIS AGREEMENT, EXCEPT:
(A) TO
ATTORNEYS FOR AND OTHER ADVISORS, ACCOUNTANTS, AUDITORS, AND CONSULTANTS TO ANY
MEMBER OF THE LENDER GROUP, (B) TO SUBSIDIARIES AND AFFILIATES OF ANY MEMBER OF
THE LENDER GROUP, PROVIDED THAT ANY SUCH SUBSIDIARY OR AFFILIATE SHALL HAVE
AGREED TO RECEIVE SUCH INFORMATION HEREUNDER SUBJECT TO THE TERMS OF THIS
SECTION 16.7, (C) AS MAY BE REQUIRED BY STATUTE, DECISION, OR JUDICIAL OR
ADMINISTRATIVE ORDER, RULE, OR REGULATION, (D) AS MAY BE AGREED TO IN ADVANCE BY
ADMINISTRATIVE BORROWER OR ITS SUBSIDIARIES OR AS REQUESTED OR REQUIRED BY ANY
GOVERNMENTAL AUTHORITY PURSUANT TO ANY SUBPOENA OR OTHER LEGAL PROCESS, (E) AS
TO ANY SUCH INFORMATION THAT IS OR BECOMES GENERALLY AVAILABLE TO THE PUBLIC
(OTHER THAN AS A RESULT OF PROHIBITED DISCLOSURE BY AGENT OR THE LENDERS), (F)
IN CONNECTION WITH ANY ASSIGNMENT, PROSPECTIVE ASSIGNMENT, SALE, PROSPECTIVE
SALE, PARTICIPATION OR PROSPECTIVE PARTICIPATIONS, OR PLEDGE OR PROSPECTIVE
PLEDGE OF ANY LENDER'S INTEREST UNDER THIS AGREEMENT, PROVIDED THAT ANY SUCH
ASSIGNEE, PROSPECTIVE ASSIGNEE, PURCHASER, PROSPECTIVE PURCHASER, PARTICIPANT,
PROSPECTIVE PARTICIPANT, PLEDGEE, OR PROSPECTIVE PLEDGEE SHALL HAVE AGREED IN
WRITING TO RECEIVE SUCH INFORMATION HEREUNDER SUBJECT TO THE TERMS OF THIS
SECTION 16.7, AND (G) IN CONNECTION WITH ANY LITIGATION OR OTHER ADVERSARY
PROCEEDING INVOLVING PARTIES HERETO WHICH SUCH LITIGATION OR ADVERSARY
PROCEEDING INVOLVES CLAIMS RELATED TO THE RIGHTS OR DUTIES OF SUCH PARTIES UNDER
THIS AGREEMENT OR THE OTHER LOAN DOCUMENTS; PROVIDED, HOWEVER, THAT, UNLESS
PROHIBITED BY APPLICABLE LAW, STATUTE, REGULATION, OR COURT ORDER, SUCH LENDER
OR AGENT SHALL:
(Y) NOTIFY ADMINISTRATIVE BORROWER OF ANY REQUEST BY ANY COURT,
GOVERNMENTAL OR