SUCH ELECTING LENDER PARTY, AND SHALL NOT BE LIABLE FOR
THE FAILURE TO SO DISCLOSE OR USE, SUCH RESTRICTING INFORMATION.
(E)
THE PROVISIONS OF THE FOREGOING CLAUSES OF
THIS SECTION 10.10 ARE DESIGNED TO ASSIST THE ADMINISTRATIVE AGENT, THE LENDER
PARTIES AND THE LOAN PARTIES, IN COMPLYING WITH THEIR RESPECTIVE CONTRACTUAL
OBLIGATIONS AND APPLICABLE LAW IN CIRCUMSTANCES WHERE CERTAIN LENDER PARTIES
EXPRESS A DESIRE NOT TO RECEIVE RESTRICTING INFORMATION NOTWITHSTANDING THAT
CERTAIN COMMUNICATIONS HEREUNDER OR UNDER THE OTHER LOAN DOCUMENTS OR OTHER
INFORMATION PROVIDED TO THE LENDER PARTIES HEREUNDER OR THEREUNDER MAY CONTAIN
RESTRICTING INFORMATION.
NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS
RELATED PARTIES WARRANTS OR MAKES ANY OTHER STATEMENT WITH RESPECT TO THE
ADEQUACY OF SUCH PROVISIONS TO ACHIEVE SUCH PURPOSE NOR DOES THE ADMINISTRATIVE
AGENT OR ANY OF ITS RELATED PARTIES
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WARRANT OR MAKE ANY OTHER STATEMENT TO THE EFFECT THAT AN LOAN PARTY'S OR LENDER
PARTY'S ADHERENCE TO SUCH PROVISIONS WILL BE SUFFICIENT TO ENSURE COMPLIANCE BY
SUCH LOAN PARTY OR LENDER PARTY WITH ITS CONTRACTUAL OBLIGATIONS OR ITS DUTIES
UNDER APPLICABLE LAW IN RESPECT OF RESTRICTING INFORMATION AND EACH OF THE
LENDER PARTIES AND EACH LOAN PARTY ASSUMES THE RISKS ASSOCIATED THEREWITH.
SECTION 10.11
PATRIOT ACT NOTICE.
EACH LENDER PARTY AND EACH AGENT (FOR ITSELF
AND NOT ON BEHALF OF ANY LENDER PARTY) HEREBY NOTIFIES THE LOAN PARTIES THAT
PURSUANT TO THE REQUIREMENTS OF THE PATRIOT ACT, IT IS REQUIRED TO OBTAIN,
VERIFY AND RECORD INFORMATION THAT IDENTIFIES EACH LOAN PARTY, WHICH INFORMATION
INCLUDES THE NAME AND ADDRESS OF SUCH LOAN PARTY AND OTHER INFORMATION THAT WILL
ALLOW SUCH LENDER PARTY OR SUCH AGENT, AS APPLICABLE, TO IDENTIFY SUCH LOAN
PARTY IN ACCORDANCE WITH THE PATRIOT ACT.
THE BORROWER SHALL, AND SHALL CAUSE
EACH OF ITS SUBSIDIARIES TO, PROVIDE THE EXTENT COMMERCIALLY REASONABLE, SUCH
INFORMATION AND TAKE SUCH ACTIONS AS ARE REASONABLY REQUESTED BY ANY AGENTS OR
ANY LENDER PARTY IN ORDER TO ASSIST THE AGENTS AND THE LENDER PARTIES IN
MAINTAINING COMPLIANCE WITH THE PATRIOT ACT.
Section 10.12
Jurisdiction, Etc.
(a)
Each of the parties hereto hereby
irrevocably and unconditionally submits, for itself and its property, to the
nonexclusive jurisdiction of the Bankruptcy Court and, if the Bankruptcy Court
does not have (or abstains from) jurisdiction, to the nonexclusive jurisdiction
of any New York State court or federal court of the United States of America
sitting in New York City, and any appellate court from any thereof, in any
action or proceeding arising out of or relating to this Agreement or any of the
other Loan Documents to which it is a party, or for recognition or enforcement
of any judgment, and each of the parties hereto hereby irrevocably and
unconditionally agrees that all claims in respect of any such action or
proceeding may be heard and determined in any such New York State court or, to
the extent permitted by law, in such federal court.
Each of the parties hereto
agrees that a final judgment in any such action or proceeding