BEEN MADE OR SUCH ENFORCEMENT OR SETOFF HAD
NOT OCCURRED.
11.14
CREDIT AGREEMENT CONTROLS.
IF THERE ARE ANY CONFLICTS
OR INCONSISTENCIES BETWEEN THIS AGREEMENT AND ANY OF THE OTHER INTERNATIONAL
LOAN DOCUMENTS, THE PROVISIONS OF THIS AGREEMENT SHALL PREVAIL AND CONTROL.
11.15
AMENDMENT OF FINANCIAL COVENANTS.
NOTWITHSTANDING
ANYTHING HEREIN TO THE CONTRARY, THE PARTIES HERETO AGREE THAT ANY AMENDMENT TO
OR WAIVER TO THE FINANCIAL COVENANTS SET FORTH IN SECTION 6.3 (OR ANY COMPARABLE
SECTION) OF THE DOMESTIC CREDIT AGREEMENT OR ANY RELATED TERM OR DEFINITION USED
THEREIN SHALL, SUBJECT TO THE PRIOR WRITTEN APPROVAL OF EX-IM BANK AND BANK,
AUTOMATICALLY AMEND OR WAIVE THE CORRESPONDING FINANCIAL COVENANTS SET FORTH IN
SECTION 9.5 OF THIS AGREEMENT AND ANY RELATED TERM OR DEFINITION USED THEREIN IN
THE SAME MANNER.
SUBJECT TO THE PRIOR WRITTEN APPROVAL OF EX-IM BANK, THE BANK
AGREES TO EXECUTE AN AMENDMENT OR WAIVER TO THIS AGREEMENT TO DOCUMENT SUCH
AUTOMATIC AMENDMENT OR WAIVER OF THE FINANCIAL COVENANTS AND RELATED TERMS AND
CONDITIONS.
11.16
WAIVER OF JURY TRIAL.
TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAWS, THE PARTIES HERETO HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY
IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS OR REMEDIES UNDER
THIS AGREEMENT OR INTERNATIONAL LOAN DOCUMENTS, OR ARISING FROM ANY FINANCING
RELATIONSHIP EXISTING IN CONNECTION WITH THIS AGREEMENT OR ANY INTERNATIONAL
LOAN DOCUMENT AND AGREE THAT ANY ACTION OR PROCEEDING SHALL BE TRIED BEFORE A
COURT AND NOT BEFORE A JURY.
11.17
USA PATRIOT ACT NOTICE.
THE BANK HEREBY NOTIFIES
BORROWER THAT, PURSUANT TO THE REQUIREMENTS OF THE USA PATRIOT ACT, AND THE
BANK'S POLICIES AND PRACTICES, THE BANK IS REQUIRED TO OBTAIN, VERIFY AND RECORD
CERTAIN INFORMATION AND DOCUMENTATION THAT IDENTIFIES BORROWER,
36
WHICH INFORMATION INCLUDES THE NAME AND ADDRESS OF BORROWER AND SUCH OTHER
INFORMATION THAT WILL ALLOW THE BANK TO IDENTIFY BORROWER IN ACCORDANCE WITH THE
USA PATRIOT ACT.
IN ADDITION, BORROWER SHALL (I) ENSURE THAT NO PERSON WHO OWNS
A CONTROLLING INTEREST IN OR OTHERWISE CONTROLS BORROWER OR ANY SUBSIDIARY OF
BORROWER IS OR SHALL BE LISTED ON THE SPECIALLY DESIGNATED NATIONALS AND BLOCKED
PERSON LIST OR OTHER SIMILAR LISTS MAINTAINED BY THE OFFICE OF FOREIGN ASSETS
CONTROL ("OFAC"), THE DEPARTMENT OF THE TREASURY OR INCLUDED IN ANY EXECUTIVE
ORDERS, (II) NOT USE OR PERMIT THE USE OF THE PROCEEDS OF THE LOAN TO VIOLATE
ANY OF THE FOREIGN ASSET CONTROL REGULATIONS OF OFAC OR ANY ENABLING STATUTE OR
EXECUTIVE ORDER RELATING THERETO, AND (III) COMPLY, AND CAUSE ITS SUBSIDIARIES
TO COMPLY, WITH ALL APPLICABLE LAWS.
11.18
TIME OF THE ESSENCE.
TIME IS OF THE ESSENCE OF THE
INTERNATIONAL LOAN DOCUMENTS.
11.19
FINAL AGREEMENT.
THIS WRITTEN AGREEMENT AND THE
INTERNATIONAL LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES
AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT
ORAL AGREEMENTS OF THE PARTIES.
THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN
THE PARTIES.
11.20
RELEASE OF COLLATERAL AND GUARANTORS.
SUBJECT TO THE
PRIOR WRITTEN APPROVAL OF EX-IM BANK, THE