LAW, IN WHICH CASE SUCH TERMS SHALL GOVERN TO
THE EXTENT NECESSARY TO COMPLY THEREWITH).
117
SECTION 11.19
USE OF NAME.
EACH OF HOLDINGS AND THE BORROWER AGREES, AND
SHALL CAUSE EACH OTHER LOAN PARTY TO AGREE, THAT IT SHALL NOT, AND NONE OF ITS
AFFILIATES SHALL, ISSUE ANY PRESS RELEASE OR OTHER PUBLIC DISCLOSURE (OTHER THAN
ANY DOCUMENT REQUIRED TO BE FILED WITH ANY GOVERNMENTAL AUTHORITY UNDER THE
SECURITIES LAWS) USING THE NAME, LOGO OR OTHERWISE REFERRING TO GE CAPITAL OR OF
ANY OF ITS AFFILIATES, WITHOUT AT LEAST 2 BUSINESS DAYS' PRIOR NOTICE TO GE
CAPITAL AND WITHOUT THE PRIOR CONSENT OF GE CAPITAL EXCEPT TO THE EXTENT
REQUIRED TO DO SO UNDER APPLICABLE REQUIREMENTS OF LAW.
SECTION 11.20
NON-PUBLIC INFORMATION; CONFIDENTIALITY.
(A)
EACH LENDER AND
L/C ISSUER ACKNOWLEDGES AND AGREES THAT IT MAY RECEIVE MATERIAL NON-PUBLIC
INFORMATION HEREUNDER CONCERNING THE LOAN PARTIES AND THEIR AFFILIATES AND
SECURITIES AND AGREES TO USE SUCH INFORMATION IN COMPLIANCE WITH ALL RELEVANT
POLICIES, PROCEDURES AND CONTRACTUAL OBLIGATIONS AND APPLICABLE REQUIREMENTS OF
LAWS (INCLUDING UNITED STATES FEDERAL AND STATE SECURITY LAWS AND REGULATIONS).
(B)
EACH LENDER, L/C ISSUER AND THE ADMINISTRATIVE AGENT AGREES TO
USE ALL REASONABLE EFFORTS TO MAINTAIN, IN ACCORDANCE WITH ITS CUSTOMARY
PRACTICES, THE CONFIDENTIALITY OF INFORMATION OBTAINED BY IT PURSUANT TO ANY
LOAN DOCUMENT AND DESIGNATED IN WRITING BY ANY LOAN PARTY AS CONFIDENTIAL,
EXCEPT THAT SUCH INFORMATION MAY BE DISCLOSED (I) WITH THE BORROWER'S CONSENT,
(II) TO RELATED PERSONS OF SUCH LENDER, L/C ISSUER OR THE ADMINISTRATIVE AGENT,
AS THE CASE MAY BE, OR TO ANY PERSON THAT ANY L/C ISSUER CAUSES TO ISSUE LETTERS
OF CREDIT HEREUNDER, THAT ARE ADVISED OF THE CONFIDENTIAL NATURE OF SUCH
INFORMATION AND ARE INSTRUCTED TO KEEP SUCH INFORMATION CONFIDENTIAL, (III) TO
THE EXTENT SUCH INFORMATION PRESENTLY IS OR HEREAFTER BECOMES AVAILABLE TO SUCH
LENDER, L/C ISSUER OR THE ADMINISTRATIVE AGENT, AS THE CASE MAY BE, ON A
NON-CONFIDENTIAL BASIS FROM A SOURCE OTHER THAN ANY LOAN PARTY, (IV) TO THE
EXTENT DISCLOSURE IS REQUIRED BY APPLICABLE REQUIREMENTS OF LAW OR OTHER LEGAL
PROCESS OR REQUESTED OR DEMANDED BY ANY GOVERNMENTAL AUTHORITY, (V) TO THE
EXTENT NECESSARY OR CUSTOMARY FOR INCLUSION IN LEAGUE TABLE MEASUREMENTS OR IN
ANY TOMBSTONE OR OTHER ADVERTISING MATERIALS (AND THE LOAN PARTIES CONSENT TO
THE PUBLICATION OF SUCH TOMBSTONE OR OTHER ADVERTISING MATERIALS BY THE
ADMINISTRATIVE AGENT, ANY LENDER, ANY L/C ISSUER OR ANY OF THEIR RELATED
PERSONS), (VI) TO THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS OR ANY
SIMILAR ORGANIZATION, ANY EXAMINER OR ANY NATIONALLY RECOGNIZED RATING AGENCY OR
OTHERWISE TO THE EXTENT CONSISTING OF GENERAL PORTFOLIO INFORMATION THAT DOES
NOT IDENTIFY BORROWERS, (VII) TO CURRENT OR PROSPECTIVE ASSIGNEES, SPVS GRANTEES
OF ANY OPTION DESCRIBED IN SECTION 11.2(F) OR PARTICIPANTS, DIRECT OR
CONTRACTUAL COUNTERPARTIES TO ANY HEDGING AGREEMENT PERMITTED HEREUNDER AND TO
THEIR RESPECTIVE RELATED PERSONS, IN EACH CASE TO THE EXTENT SUCH ASSIGNEES,
PARTICIPANTS, COUNTERPARTIES OR RELATED PERSONS AGREE TO BE BOUND BY PROVISIONS
SUBSTANTIALLY SIMILAR TO THE PROVISIONS OF THIS SECTION 11.20 AND