Agent or other Agent has any obligation
to the Borrower, the other Credit Parties or their respective Affiliates with
respect to the transactions contemplated hereby except those obligations
expressly set forth herein and in the other Credit Documents; (iv) the
Administrative Agent, each other Agent and each Affiliate of the foregoing may
be engaged in a broad range of transactions that involve interests that differ
from those of the Borrower and its Affiliates, and neither the Administrative
Agent nor any other Agent has any obligation to disclose any of such interests
by virtue of any advisory, agency or fiduciary relationship; and (v) neither the
Administrative Agent nor any other Agent has provided and none will provide any
legal, accounting, regulatory or tax advice with respect to any of the
transactions contemplated hereby (including any amendment, waiver or other
modification hereof or of any other Credit Document) and the Borrower has
consulted its own legal, accounting, regulatory and tax advisors to the extent
it has deemed appropriate. The Borrower hereby waives and releases, to the
fullest extent permitted by law, any claims that it may have against the
Administrative Agent or any other Agent with respect to any breach or alleged
breach of agency or fiduciary duty; and
(c)
no joint venture is created hereby or by the other Credit
Documents or otherwise exists by virtue of the transactions contemplated hereby
among the Lenders or among the Borrower, on the one hand, and any Lender, on the
other hand.
13.15.
WAIVERS OF JURY TRIAL. THE BORROWER, EACH AGENT AND EACH LENDER
HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION
OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER CREDIT DOCUMENT AND FOR
ANY COUNTERCLAIM THEREIN.
13.16.
CONFIDENTIALITY. THE ADMINISTRATIVE AGENT, EACH OTHER AGENT AND EACH
LENDER SHALL HOLD ALL NON-PUBLIC INFORMATION FURNISHED BY OR ON BEHALF OF THE
BORROWER OR ANY OF ITS SUBSIDIARIES IN CONNECTION WITH SUCH LENDER'S EVALUATION
OF WHETHER TO BECOME A LENDER HEREUNDER OR OBTAINED BY SUCH LENDER, THE
ADMINISTRATIVE AGENT OR SUCH OTHER AGENT PURSUANT TO THE REQUIREMENTS OF THIS
AGREEMENT
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("CONFIDENTIAL INFORMATION"), CONFIDENTIAL IN ACCORDANCE WITH ITS CUSTOMARY
PROCEDURE FOR HANDLING CONFIDENTIAL INFORMATION OF THIS NATURE AND (IN THE CASE
OF A LENDER THAT IS A BANK) IN ACCORDANCE WITH SAFE AND SOUND BANKING PRACTICES
AND IN ANY EVENT MAY MAKE DISCLOSURE AS REQUIRED OR REQUESTED BY ANY
GOVERNMENTAL, REGULATORY OR SELF-REGULATORY AGENCY OR REPRESENTATIVE THEREOF OR
PURSUANT TO LEGAL PROCESS OR APPLICABLE LAW OR REGULATION OR (A) TO SUCH
LENDER'S OR THE ADMINISTRATIVE AGENT'S OR OTHER AGENT'S ATTORNEYS, PROFESSIONAL
ADVISORS, INDEPENDENT AUDITORS, TRUSTEES OR AFFILIATES, (B) TO AN INVESTOR OR
PROSPECTIVE INVESTOR IN A SECURITIZATION THAT AGREES ITS ACCESS TO INFORMATION
REGARDING THE CREDIT PARTIES, THE LOANS AND THE CREDIT DOCUMENTS IS SOLELY FOR
PURPOSES OF EVALUATING AN INVESTMENT IN A SECURITIZATION AND WHO AGREES TO TREAT
SUCH INFORMATION AS CONFIDENTIAL, (C) TO A TRUSTEE, COLLATERAL MANAGER,
SERVICER, BACKUP SERVICER, NOTEHOLDER OR SECURED PARTY IN CONNECTION WITH THE