HERETO.
(G)
THE WORDS "EXECUTION," "SIGNED," "SIGNATURE" AND WORDS OF LIKE IMPORT IN
ANY ASSIGNMENT AND ASSUMPTION SHALL BE DEEMED TO INCLUDE ELECTRONIC SIGNATURES
OR THE KEEPING OF RECORDS IN ELECTRONIC FORM, EACH OF WHICH SHALL BE OF THE SAME
LEGAL EFFECT, VALIDITY OR ENFORCEABILITY AS A MANUALLY EXECUTED SIGNATURE OR THE
USE OF A PAPER-BASED RECORDKEEPING SYSTEM, AS THE CASE MAY BE, TO THE EXTENT AND
AS PROVIDED FOR IN ANY APPLICABLE LAW, INCLUDING THE FEDERAL ELECTRONIC
SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, THE NEW YORK STATE ELECTRONIC
SIGNATURES AND RECORDS ACT OR ANY OTHER SIMILAR STATE LAWS BASED ON THE UNIFORM
ELECTRONIC TRANSACTIONS ACT.
SECTION 10.07.
TREATMENT OF CERTAIN INFORMATION; CONFIDENTIALITY.
EACH OF THE
CREDIT PARTIES AGREES, ON BEHALF OF ITSELF AND EACH OF ITS AFFILIATES,
DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES, TO USE REASONABLE
PRECAUTIONS TO KEEP CONFIDENTIAL, IN ACCORDANCE WITH THEIR CUSTOMARY PROCEDURES
FOR HANDLING CONFIDENTIAL INFORMATION OF THE SAME NATURE AND IN ACCORDANCE WITH
SAFE AND SOUND PRACTICES, ANY NON-PUBLIC INFORMATION SUPPLIED TO IT BY THE
BORROWER OR ANY OF ITS SUBSIDIARIES PURSUANT TO THIS AGREEMENT THAT IS
IDENTIFIED BY SUCH PERSON AS BEING CONFIDENTIAL AT THE TIME THE SAME IS
DELIVERED TO SUCH CREDIT PARTY; PROVIDED THAT NOTHING HEREIN SHALL LIMIT THE
DISCLOSURE OF ANY SUCH
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INFORMATION (A) AFTER SUCH INFORMATION SHALL HAVE BECOME PUBLIC OTHER THAN
THROUGH A VIOLATION OF THIS SECTION 10.07, (B) TO THE EXTENT REQUIRED BY
STATUTE, RULE, REGULATION OR JUDICIAL PROCESS, (C) TO COUNSEL FOR ANY OF THE
CREDIT PARTIES, (D) TO BANK EXAMINERS OR ANY OTHER U.S. FEDERAL OR FOREIGN
REGULATORY AUTHORITY HAVING JURISDICTION OVER ANY CREDIT PARTY OR TO AUDITORS OR
ACCOUNTANTS, (E) TO THE ADMINISTRATIVE AGENT OR ANY OTHER CREDIT PARTY, (F) IN
CONNECTION WITH ANY LITIGATION TO WHICH THE ADMINISTRATIVE AGENT OR ANY OTHER
CREDIT PARTY IS A PARTY, OR IN CONNECTION WITH THE ENFORCEMENT OF RIGHTS OR
REMEDIES HEREUNDER OR UNDER ANY OTHER LOAN DOCUMENT, OR (G) TO ANY ASSIGNEE OR
PARTICIPANT (OR PROSPECTIVE ASSIGNEE OR PARTICIPANT) SO LONG AS SUCH ASSIGNEE OR
PARTICIPANT AGREES TO BE BOUND BY THE PROVISIONS OF THIS SECTION 10.07.
SECTION 10.08.
INTEREST RATE LIMITATION.
NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED IN ANY LOAN DOCUMENT, THE INTEREST PAID OR AGREED TO BE PAID
UNDER THE LOAN DOCUMENTS SHALL NOT EXCEED THE MAXIMUM RATE OF NON-USURIOUS
INTEREST PERMITTED BY APPLICABLE LAW (THE "MAXIMUM RATE").
IF THE
ADMINISTRATIVE AGENT OR ANY LENDER 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 THE
ADMINISTRATIVE AGENT OR A 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
VOLUNTARY PREPAYMENTS AND THE EFFECTS THEREOF AND (C) AMORTIZE, PRORATE,
ALLOCATE AND SPREAD