MAY BE CHARGED TO BORROWERS' ACCOUNT AND
SHALL BE PART OF THE OBLIGATIONS.
16.10.
INJUNCTIVE RELIEF.
EACH BORROWER RECOGNIZES THAT, IN
THE EVENT ANY BORROWER FAILS TO PERFORM, OBSERVE OR DISCHARGE ANY OF ITS
OBLIGATIONS OR LIABILITIES UNDER THIS AGREEMENT, OR THREATENS TO FAIL TO
PERFORM, OBSERVE OR DISCHARGE SUCH OBLIGATIONS OR LIABILITIES, ANY REMEDY AT LAW
MAY PROVE TO BE INADEQUATE RELIEF TO LENDERS; THEREFORE, AGENT, IF AGENT SO
REQUESTS, SHALL BE ENTITLED TO TEMPORARY AND PERMANENT INJUNCTIVE RELIEF IN ANY
SUCH CASE WITHOUT THE NECESSITY OF PROVING THAT ACTUAL DAMAGES ARE NOT AN
ADEQUATE REMEDY.
16.11.
CONSEQUENTIAL DAMAGES.
NO PARTY HERETO, NOR ANY AGENT
OR ATTORNEY FOR ANY OF THEM, SHALL BE LIABLE TO ANY OTHER PARTY HERETO (OR ANY
AFFILIATE OF ANY SUCH PERSON) FOR INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL
DAMAGES ARISING FROM ANY BREACH OF CONTRACT, TORT OR OTHER WRONG RELATING TO THE
ESTABLISHMENT, ADMINISTRATION OR COLLECTION OF THE OBLIGATIONS OR AS A RESULT OF
ANY TRANSACTION CONTEMPLATED UNDER THIS AGREEMENT OR ANY OTHER DOCUMENT.
16.12.
CAPTIONS.
THE CAPTIONS AT VARIOUS PLACES IN THIS
AGREEMENT ARE INTENDED FOR CONVENIENCE ONLY AND DO NOT CONSTITUTE AND SHALL NOT
BE INTERPRETED AS PART OF THIS AGREEMENT.
16.13.
COUNTERPARTS; FACSIMILE SIGNATURES.
THIS AGREEMENT MAY
BE EXECUTED IN ANY NUMBER OF AND BY DIFFERENT PARTIES HERETO ON SEPARATE
COUNTERPARTS, ALL OF WHICH, WHEN SO EXECUTED, SHALL BE DEEMED AN ORIGINAL, BUT
ALL SUCH COUNTERPARTS SHALL CONSTITUTE ONE AND THE SAME AGREEMENT.
ANY
SIGNATURE DELIVERED BY A PARTY BY FACSIMILE OR ELECTRONIC TRANSMISSION SHALL BE
DEEMED TO BE AN ORIGINAL SIGNATURE HERETO.
16.14.
CONSTRUCTION.
THE PARTIES ACKNOWLEDGE THAT EACH PARTY
AND ITS COUNSEL HAVE REVIEWED THIS AGREEMENT AND THAT THE NORMAL RULE OF
CONSTRUCTION TO THE EFFECT THAT ANY AMBIGUITIES ARE TO BE RESOLVED AGAINST THE
DRAFTING PARTY SHALL NOT BE EMPLOYED IN THE INTERPRETATION OF THIS AGREEMENT OR
ANY AMENDMENTS, SCHEDULES OR EXHIBITS THERETO.
16.15.
CONFIDENTIALITY; SHARING INFORMATION.
AGENT, EACH
LENDER AND EACH TRANSFEREE SHALL HOLD ALL NON-PUBLIC INFORMATION OBTAINED BY
AGENT, SUCH LENDER OR SUCH TRANSFEREE PURSUANT TO THE REQUIREMENTS OF THIS
AGREEMENT IN ACCORDANCE WITH AGENT'S, SUCH LENDER'S AND SUCH TRANSFEREE'S
CUSTOMARY PROCEDURES FOR HANDLING CONFIDENTIAL INFORMATION OF THIS NATURE;
PROVIDED, HOWEVER, AGENT, EACH LENDER AND EACH TRANSFEREE MAY DISCLOSE SUCH
CONFIDENTIAL INFORMATION (A) TO ITS EXAMINERS, AFFILIATES, OUTSIDE AUDITORS,
COUNSEL AND OTHER PROFESSIONAL ADVISORS, (B) TO AGENT, ANY LENDER OR TO ANY
PROSPECTIVE TRANSFEREES, AND (C) AS REQUIRED OR REQUESTED BY ANY GOVERNMENTAL
BODY OR REPRESENTATIVE THEREOF OR PURSUANT TO LEGAL PROCESS; PROVIDED, FURTHER
THAT (I) UNLESS SPECIFICALLY PROHIBITED BY APPLICABLE LAW, AGENT, EACH LENDER
AND EACH TRANSFEREE SHALL USE ITS REASONABLE BEST EFFORTS PRIOR TO DISCLOSURE
THEREOF, TO NOTIFY THE APPLICABLE BORROWER OF THE APPLICABLE REQUEST FOR
DISCLOSURE OF SUCH NON-PUBLIC INFORMATION (A) BY A GOVERNMENTAL BODY OR
REPRESENTATIVE THEREOF (OTHER THAN ANY SUCH REQUEST IN CONNECTION
99
WITH AN EXAMINATION OF THE FINANCIAL CONDITION OF A LENDER OR A TRANSFEREE BY
SUCH GOVERNMENTAL BODY) OR (B) PURSUANT TO LEGAL PROCESS AND (II) IN NO