(SIGNED INTO LAW OCTOBER 26, 2001))
(THE "PATRIOT ACT") HEREBY NOTIFIES THE BORROWER THAT PURSUANT TO THE
REQUIREMENTS OF THE PATRIOT ACT IT IS REQUIRED TO OBTAIN, VERIFY AND RECORD
INFORMATION THAT IDENTIFIES THE BORROWER, WHICH INFORMATION INCLUDES THE NAME
AND ADDRESS OF THE BORROWER AND OTHER INFORMATION THAT WILL ALLOW SUCH LENDER TO
IDENTIFY THE BORROWER IN ACCORDANCE WITH THE PATRIOT ACT.
SECTION 9.19.
NO FIDUCIARY RELATIONSHIP.
THE BORROWER, ON BEHALF OF ITSELF AND
THE SUBSIDIARIES, AGREES THAT IN CONNECTION WITH ALL ASPECTS OF THE TRANSACTIONS
AND ANY COMMUNICATIONS IN CONNECTION THEREWITH, THE BORROWER, THE SUBSIDIARIES
AND THEIR AFFILIATES, ON THE ONE HAND, AND THE AGENT, THE LENDERS AND THEIR
AFFILIATES, ON THE OTHER HAND, WILL HAVE A BUSINESS RELATIONSHIP THAT DOES NOT
CREATE, BY IMPLICATION OR OTHERWISE, ANY FIDUCIARY DUTY ON THE PART OF THE
AGENT, ANY LENDER OR ANY OF THEIR AFFILIATES, AND NO SUCH DUTY WILL BE DEEMED TO
HAVE ARISEN IN CONNECTION WITH ANY SUCH TRANSACTIONS OR COMMUNICATIONS.
SECTION 9.20.
RELEASE OF LIENS AND GUARANTEES.
A SUBSIDIARY LOAN PARTY SHALL
AUTOMATICALLY BE RELEASED FROM ITS OBLIGATIONS UNDER THE LOAN DOCUMENTS, AND ALL
SECURITY INTERESTS CREATED BY THE SECURITY DOCUMENTS IN COLLATERAL OWNED BY SUCH
SUBSIDIARY LOAN PARTY SHALL BE AUTOMATICALLY RELEASED, UPON THE CONSUMMATION OF
ANY TRANSACTION PERMITTED BY THIS AGREEMENT AS A RESULT OF WHICH SUCH SUBSIDIARY
LOAN PARTY CEASES TO BE A SUBSIDIARY.
UPON ANY SALE OR OTHER TRANSFER BY ANY
LOAN PARTY (OTHER THAN TO THE BORROWER OR ANY SUBSIDIARY) OF ANY COLLATERAL IN A
TRANSACTION PERMITTED UNDER THIS AGREEMENT, OR UPON THE EFFECTIVENESS OF ANY
WRITTEN CONSENT TO THE RELEASE OF THE SECURITY INTEREST CREATED UNDER ANY
SECURITY DOCUMENT IN ANY COLLATERAL PURSUANT TO SECTION 9.08A, THE SECURITY
INTERESTS IN SUCH COLLATERAL CREATED BY THE SECURITY DOCUMENTS SHALL BE
AUTOMATICALLY RELEASED.
IN CONNECTION WITH ANY TERMINATION OR RELEASE PURSUANT
TO THIS SECTION, THE AGENT SHALL EXECUTE AND DELIVER TO ANY LOAN PARTY, AT SUCH
LOAN PARTY'S EXPENSE, ALL DOCUMENTS THAT SUCH LOAN PARTY SHALL REASONABLY
REQUEST TO EVIDENCE SUCH TERMINATION OR RELEASE.
ANY EXECUTION AND DELIVERY OF
DOCUMENTS PURSUANT TO THIS SECTION SHALL BE WITHOUT RECOURSE TO OR WARRANTY BY
THE AGENT.
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