ELECTRONIC COMMUNICATIONS OR
THE PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN
THE PLATFORM AND THE APPROVED ELECTRONIC COMMUNICATIONS.
NO WARRANTY OF ANY
KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD
PARTY RIGHTS OR FREEDOM
115
FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE AGENT AFFILIATES IN
CONNECTION WITH THE PLATFORM OR THE APPROVED ELECTRONIC COMMUNICATIONS.
(D)
EACH OF THE LENDERS, THE ISSUING BANKS, THE BORROWER AND EACH
GUARANTOR AGREES THAT EACH AGENT MAY, BUT (EXCEPT AS MAY BE REQUIRED BY
APPLICABLE LAW) SHALL NOT BE OBLIGATED TO, STORE THE APPROVED ELECTRONIC
COMMUNICATIONS ON THE PLATFORM IN ACCORDANCE WITH SUCH AGENT'S
GENERALLY-APPLICABLE DOCUMENT RETENTION PROCEDURES AND POLICIES.
9.10
COLLATERAL MATTERS RELATING TO RELATED OBLIGATIONS.
THE BENEFIT OF
THE CREDIT DOCUMENTS AND OF THE PROVISIONS OF THIS AGREEMENT RELATING TO THE
COLLATERAL SHALL EXTEND TO AND BE AVAILABLE IN RESPECT OF ANY OBLIGATION ARISING
UNDER ANY HEDGE AGREEMENT OR ANY CASH MANAGEMENT OBLIGATION OR THAT IS OTHERWISE
OWED TO PERSONS OTHER THAN THE FACILITY AGENTS, THE LENDERS AND THE ISSUING
BANKS (COLLECTIVELY, "RELATED OBLIGATIONS") SOLELY ON THE CONDITION AND
UNDERSTANDING, AS AMONG THE FACILITY AGENTS AND ALL SECURED PARTIES, THAT (A)
THE RELATED OBLIGATIONS SHALL BE ENTITLED TO THE BENEFIT OF THE CREDIT DOCUMENTS
AND THE COLLATERAL TO THE EXTENT EXPRESSLY SET FORTH IN THIS AGREEMENT AND THE
OTHER CREDIT DOCUMENTS AND TO SUCH EXTENT THE COLLATERAL AGENT SHALL HOLD, AND
HAVE THE RIGHT AND POWER TO ACT WITH RESPECT TO, THE GUARANTY AND THE COLLATERAL
ON BEHALF OF AND AS AGENT FOR THE HOLDERS OF THE RELATED OBLIGATIONS, BUT EACH
FACILITY AGENT IS OTHERWISE ACTING SOLELY AS AGENT FOR THE LENDERS AND THE
ISSUING BANKS AND SHALL HAVE NO FIDUCIARY DUTY, DUTY OF LOYALTY, DUTY OF CARE,
DUTY OF DISCLOSURE OR OTHER OBLIGATION WHATSOEVER TO ANY HOLDER OF RELATED
OBLIGATIONS, (B) ALL MATTERS, ACTS AND OMISSIONS RELATING IN ANY MANNER TO THE
GUARANTY, THE COLLATERAL, OR THE OMISSION, CREATION, PERFECTION, PRIORITY,
ABANDONMENT OR RELEASE OF ANY LIEN, SHALL BE GOVERNED SOLELY BY THE PROVISIONS
OF THIS AGREEMENT AND THE OTHER CREDIT DOCUMENTS AND NO SEPARATE LIEN, RIGHT,
POWER OR REMEDY SHALL ARISE OR EXIST IN FAVOR OF ANY SECURED PARTY UNDER ANY
SEPARATE INSTRUMENT OR AGREEMENT OR IN RESPECT OF ANY RELATED OBLIGATION, (C)
EACH SECURED PARTY SHALL BE BOUND BY ALL ACTIONS TAKEN OR OMITTED, IN ACCORDANCE
WITH THE PROVISIONS OF THIS AGREEMENT AND THE OTHER CREDIT DOCUMENTS, BY ANY
FACILITY AGENT AND THE REQUISITE LENDERS, EACH OF WHOM SHALL BE ENTITLED TO ACT
AT ITS SOLE DISCRETION AND EXCLUSIVELY IN ITS OWN INTEREST GIVEN ITS OWN
COMMITMENTS AND ITS OWN INTEREST IN THE LOANS, LETTER OF CREDIT OBLIGATIONS AND
OTHER OBLIGATIONS TO IT ARISING UNDER THIS AGREEMENT OR THE OTHER CREDIT
DOCUMENTS, WITHOUT ANY DUTY OR LIABILITY TO ANY OTHER SECURED PARTY OR AS TO ANY
RELATED OBLIGATION AND WITHOUT REGARD TO WHETHER ANY RELATED OBLIGATION REMAINS
OUTSTANDING OR IS