FROM BORROWER FROM TIME TO TIME, SHALL SUPPLY BORROWER WITH A
COPY OF THE AGENT'S REGISTER.
AGENT ACKNOWLEDGES AND CONFIRMS THAT AS OF THE
DATE HEREOF, GMACCM IS THE ONLY LENDER.
SUPPLEMENTING THE FOREGOING, NO ENTITY
WHOSE ONLY INTEREST IN THE LOANS IS A PARTICIPATION INTEREST OR A PLEDGE OR
OTHER HYPOTHECATION (EXCEPT TO THE EXTENT SUCH ENTITY HAS FORECLOSED ON SUCH
PLEDGE OR OTHER HYPOTHECATION) SHALL BE CONSIDERED, FOR ANY PURPOSE HEREUNDER, A
LENDER.
(B)
SUBJECT TO SECTION 11.23 HEREOF, BORROWER ACKNOWLEDGES AND AGREES
THAT AGENT OR ANY LENDER MAY PROVIDE TO ANY POTENTIAL ASSIGNEE OR PARTICIPANT
136
ORIGINALS OR COPIES OF THIS AGREEMENT, ANY OTHER PROJECT LOAN DOCUMENTS AND ANY
OTHER DOCUMENTS, INSTRUMENTS, CERTIFICATES, OPINIONS, INSURANCE POLICIES,
LETTERS OF CREDIT, REPORTS, REQUISITIONS AND OTHER MATERIALS AND INFORMATION AT
ANY TIME SUBMITTED BY OR ON BEHALF OF ANY BORROWER ENTITY OR RECEIVED BY AGENT
AND/OR LENDERS IN CONNECTION WITH THE PROJECT LOAN.
AGENT AND EACH LENDER AGREE
THAT AS A CONDITION TO SUCH DISCLOSURE TO ANY SUCH ASSIGNEE OR PARTICIPANT,
AGENT OR SUCH LENDER SHALL USE REASONABLE EFFORTS TO CAUSE SUCH ASSIGNEE OR
PARTICIPANT TO AGREE TO KEEP SUCH INFORMATION CONFIDENTIAL IN A MANNER
SUBSTANTIALLY SIMILAR TO SECTION 11.23 HEREOF.
IN ADDITION, BORROWER AGREES TO
COOPERATE IN ALL REASONABLE RESPECTS WITH AGENT AND/OR LENDERS IN THE EXERCISE
OF THEIR RESPECTIVE RIGHTS PURSUANT TO THIS SECTION 11.05, INCLUDING, WITHOUT
LIMITATION, PROVIDING SUCH INFORMATION AND DOCUMENTATION REGARDING BORROWER
ENTITIES, OR ANY OTHER PERSON AND THEIR BUSINESSES AND FINANCES AS AGENT AND/OR
LENDERS OR ANY POTENTIAL ASSIGNEE OR PARTICIPANT MAY REASONABLY REQUEST AND
MEETING WITH POTENTIAL ASSIGNEES AND PARTICIPANTS UPON REASONABLE NOTICE.
SECTION 11.06
SUCCESSORS AND ASSIGNS INCLUDED IN PARTIES.
WHENEVER
IN THIS AGREEMENT ONE OF THE PARTIES HERETO IS NAMED OR REFERRED TO, THE HEIRS,
LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS OF SUCH PARTY SHALL BE INCLUDED
(INCLUDING, WITHOUT LIMITATION, ANY MEMBER SUCCEEDING BORROWER TO TITLE TO ANY
UNIT PURSUANT TO SECTION 7.50 HEREOF) AND ALL COVENANTS AND AGREEMENTS CONTAINED
IN THIS AGREEMENT BY OR ON BEHALF OF BORROWER OR BY OR ON BEHALF OF AGENT OR ANY
LENDER SHALL BIND AND INURE TO THE BENEFIT OF THEIR RESPECTIVE HEIRS, LEGAL
REPRESENTATIVES, SUCCESSORS AND ASSIGNS (INCLUDING SUCH MEMBERS), WHETHER SO
EXPRESSED OR NOT.
NOTWITHSTANDING THE FOREGOING, TO THE EXTENT ANY MEMBER IS
RELEASED FROM LIABILITY UNDER THE PROJECT LOAN DOCUMENTS PURSUANT TO SECTION
7.46 HEREOF, THE HEIRS, LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS OF SUCH
MEMBER SHALL ALSO BE DEEMED TO HAVE BEEN RELEASED TO SUCH EXTENT.
SECTION 11.07
HEADINGS.
THE HEADINGS OF THE ARTICLES, SECTIONS AND
SUBSECTIONS OF THIS AGREEMENT ARE FOR THE CONVENIENCE OF REFERENCE ONLY, ARE NOT
TO BE CONSIDERED A PART HEREOF AND SHALL NOT LIMIT OR OTHERWISE AFFECT ANY OF
THE TERMS HEREOF.
ALL REFERENCES IN THIS AGREEMENT TO SECTIONS, SUBSECTIONS AND
OTHER DIVISIONS ARE REFERENCES TO THE SECTIONS, SUBSECTIONS AND DIVISIONS OF
THIS AGREEMENT UNLESS OTHERWISE STATED.
SECTION 11.08
INVALID PROVISIONS TO AFFECT NO OTHERS.
IF
FULFILLMENT OF ANY PROVISION HEREOF OR ANY TRANSACTION RELATED HERETO