(B) TO REGULATORY OFFICIALS HAVING JURISDICTION OVER
ADMINISTRATIVE AGENT OR LENDERS OR THEIR AFFILIATES; (C) AS REQUIRED BY
APPLICABLE LAW OR LEGAL PROCESS; OR (D) IN CONNECTION WITH ANY LEGAL PROCEEDING
BETWEEN OR AMONG ADMINISTRATIVE AGENT OR LENDERS OR THEIR AFFILIATES AND THE
LOAN PARTIES, THEIR RESPECTIVE SUBSIDIARIES OR THEIR RESPECTIVE AFFILIATES
(PROVIDED THAT, IN THE EVENT ADMINISTRATIVE AGENT OR LENDERS OR THEIR AFFILIATES
ARE SO REQUIRED TO DISCLOSE SUCH CONFIDENTIAL INFORMATION PURSUANT TO CLAUSE
(C) OF THIS SUBSECTION 9.13, ADMINISTRATIVE AGENT OR LENDERS SHALL PROMPTLY
NOTIFY BORROWER (UNLESS LEGALLY PROHIBITED FROM SO DOING), SO THAT BORROWER OR
ANY OF ITS SUBSIDIARIES MAY SEEK, AT ITS SOLE COST AND EXPENSE, A PROTECTIVE
ORDER OR OTHER APPROPRIATE REMEDY); AND (E) TO ANOTHER PERSON IN CONNECTION WITH
A DISPOSITION OR PROPOSED DISPOSITION TO THAT PERSON OF ALL OR PART OF THAT
LENDER'S INTERESTS HEREUNDER OR A PARTICIPATION INTEREST IN ITS PRO RATA SHARE,
PROVIDED THAT SUCH DISCLOSURE IS MADE SUBJECT TO AN APPROPRIATE CONFIDENTIALITY
AGREEMENT ON TERMS SUBSTANTIALLY SIMILAR TO THIS SUBSECTION 9.13. FOR PURPOSES
OF THE FOREGOING, "CONFIDENTIAL INFORMATION" SHALL MEAN ALL INFORMATION
RESPECTING THE LOAN PARTIES, THEIR RESPECTIVE SUBSIDIARIES OR THEIR RESPECTIVE
AFFILIATES, OTHER THAN (I) INFORMATION PREVIOUSLY FILED BY BORROWER OR ITS
AFFILIATES OR SUBSIDIARIES WITH ANY GOVERNMENTAL AUTHORITY AND AVAILABLE TO THE
PUBLIC OR OTHERWISE MADE AVAILABLE TO THIRD PARTIES ON A NON-CONFIDENTIAL BASIS,
(II) INFORMATION PREVIOUSLY PUBLISHED IN ANY PUBLIC MEDIUM FROM A SOURCE OTHER
THAN, DIRECTLY OR INDIRECTLY, ADMINISTRATIVE AGENT OR LENDERS IN VIOLATION OF
THIS SUBSECTION 9.13 AND (III) INFORMATION OBTAINED BY ADMINISTRATIVE AGENT OR
LENDERS FROM A SOURCE INDEPENDENT OF BORROWER OR ITS SUBSIDIARIES.
9.14
CONSENT TO JURISDICTION AND SERVICE OF PROCESS.
EACH OF THE LOAN
PARTIES, ADMINISTRATIVE AGENT AND LENDERS HEREBY IRREVOCABLY SUBMITS TO THE
NON-EXCLUSIVE JURISDICTION OF ANY UNITED STATES FEDERAL COURT OR STATE COURT IN
THE STATE OF COLORADO, HAVING SUBJECT MATTER JURISDICTION OVER ANY ACTION OR
PROCEEDING ARISING OUT OF OR RELATING TO ANY LOAN DOCUMENTS.
EACH OF THE LOAN
PARTIES, ADMINISTRATIVE AGENT AND LENDERS HEREBY IRREVOCABLY AGREES THAT ALL
CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN
ANY SUCH COURT AND IRREVOCABLY WAIVES ANY OBJECTION IT MAY NOW OR HEREAFTER HAVE
AS TO THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH
COURT, PERSONAL
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JURISDICTION OF ANY SUCH COURT OR THAT SUCH COURT IS AN INCONVENIENT FORUM.
NOTHING HEREIN SHALL LIMIT THE RIGHT OF ANY PARTY HERETO TO BRING PROCEEDINGS
AGAINST ANY OTHER PARTY HERETO IN THE COURTS OF ANY OTHER JURISDICTION.
(A)
EACH OF THE LOAN PARTIES, ADMINISTRATIVE AGENT AND LENDERS HEREBY
AGREES THAT SERVICE OF THE SUMMONS AND COMPLAINT AND ALL OTHER PROCESS WHICH
MAY BE SERVED IN ANY SUCH SUIT, ACTION OR PROCEEDING MAY BE EFFECTED BY MAILING
BY REGISTERED MAIL, RETURN RECEIPT REQUESTED, A COPY OF SUCH PROCESS TO A LOAN
PARTY, ADMINISTRATIVE AGENT OR A LENDER AT THE ADDRESS TO WHICH NOTICES TO SUCH
LOAN PARTY, ADMINISTRATIVE AGENT OR SUCH LENDERS ARE