THE TIME THAT THE APPLICABLE
UNREIMBURSED EXPENSE OR INDEMNITY PAYMENT IS SOUGHT) OF SUCH UNPAID AMOUNT;
PROVIDED THAT THE UNREIMBURSED EXPENSE OR INDEMNIFIED LOSS, CLAIM, DAMAGE,
LIABILITY OR RELATED EXPENSE, AS THE CASE MAY BE, WAS INCURRED BY OR ASSERTED
AGAINST SUCH AGENT (OR ANY SUB-AGENT THEREOF) IN ITS CAPACITY AS SUCH, OR
AGAINST ANY RELATED PARTY OF ANY OF THE FOREGOING ACTING FOR SUCH AGENT (OR ANY
SUB-AGENT THEREOF) IN CONNECTION WITH SUCH CAPACITY. THE OBLIGATIONS OF THE
LENDERS TO MAKE PAYMENTS PURSUANT TO THIS SECTION 11.08(B) ARE SEVERAL AND NOT
JOINT AND SHALL SURVIVE THE PAYMENT IN FULL OF THE OBLIGATIONS AND THE
TERMINATION OF THIS AGREEMENT. THE FAILURE OF ANY LENDER TO MAKE PAYMENTS ON ANY
DATE REQUIRED HEREUNDER SHALL NOT RELIEVE ANY OTHER LENDER OF ITS CORRESPONDING
OBLIGATION TO DO SO ON SUCH DATE, AND NO LENDER SHALL BE RESPONSIBLE FOR THE
FAILURE OF ANY OTHER LENDER TO DO SO.
(C)
EXCEPT AS OTHERWISE PROVIDED IN
ARTICLE VI (CONDITIONS PRECEDENT), ALL AMOUNTS DUE UNDER THIS SECTION 11.08
SHALL BE PAYABLE NOT LATER THAN TEN (10) BUSINESS DAYS AFTER DEMAND THEREFOR.
SECTION 11.09
INTEREST RATE LIMITATION.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN ANY FINANCING DOCUMENT,
THE INTEREST PAID OR AGREED TO BE PAID UNDER THE FINANCING DOCUMENTS SHALL NOT
EXCEED THE MAXIMUM RATE OF NON-USURIOUS INTEREST PERMITTED BY APPLICABLE LAW
(THE "MAXIMUM RATE"). IF ANY AGENT OR ANY LENDER
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SHALL RECEIVE INTEREST IN AN AMOUNT THAT EXCEEDS THE MAXIMUM RATE, THE EXCESS
INTEREST SHALL BE APPLIED TO THE PRINCIPAL OF THE LOANS OR, IF IT EXCEEDS SUCH
UNPAID PRINCIPAL, REFUNDED TO THE BORROWER. IN DETERMINING WHETHER THE INTEREST
CONTRACTED FOR, CHARGED, OR RECEIVED BY ANY AGENT OR ANY LENDER EXCEEDS THE
MAXIMUM RATE, SUCH PERSON MAY, TO THE EXTENT PERMITTED BY APPLICABLE LAW,
(A) CHARACTERIZE ANY PAYMENT THAT IS NOT PRINCIPAL AS AN EXPENSE, FEE, OR
PREMIUM RATHER THAN INTEREST, (B) EXCLUDE PREPAYMENTS AND THE EFFECTS THEREOF,
AND (C) AMORTIZE, PRORATE, ALLOCATE, AND SPREAD IN EQUAL OR UNEQUAL PARTS THE
TOTAL AMOUNT OF INTEREST THROUGHOUT THE CONTEMPLATED TERM OF THE OBLIGATIONS
HEREUNDER.
SECTION 11.10
NO WAIVER; CUMULATIVE REMEDIES. NO
FAILURE BY ANY SENIOR SECURED PARTY TO EXERCISE, AND NO DELAY BY ANY SUCH PERSON
IN EXERCISING, ANY RIGHT, REMEDY, POWER OR PRIVILEGE HEREUNDER OR UNDER ANY
OTHER FINANCING DOCUMENT SHALL OPERATE AS A WAIVER THEREOF; NOR SHALL ANY SINGLE
OR PARTIAL EXERCISE OF ANY RIGHT, REMEDY, POWER OR PRIVILEGE HEREUNDER PRECLUDE
ANY OTHER OR FURTHER EXERCISE THEREOF OR THE EXERCISE OF ANY OTHER RIGHT,
REMEDY, POWER OR PRIVILEGE. THE RIGHTS, REMEDIES, POWERS AND PRIVILEGES HEREIN
PROVIDED, AND PROVIDED UNDER EACH OTHER FINANCING DOCUMENT, ARE CUMULATIVE AND
NOT EXCLUSIVE OF ANY RIGHTS, REMEDIES, POWERS AND PRIVILEGES PROVIDED BY LAW.
SECTION 11.11
NOTICES AND OTHER COMMUNICATIONS.
(A)
EXCEPT IN THE CASE OF NOTICES AND OTHER COMMUNICATIONS EXPRESSLY PERMITTED
TO BE GIVEN BY TELEPHONE (AND EXCEPT AS PROVIDED IN SECTION 11.11(B)), ALL
NOTICES AND OTHER COMMUNICATIONS PROVIDED FOR HEREIN SHALL BE IN WRITING AND
SHALL BE DELIVERED