CONFIDENTIAL.
ANY PERSON REQUIRED TO MAINTAIN THE
CONFIDENTIALITY OF INFORMATION AS PROVIDED IN THIS SECTION SHALL BE CONSIDERED
TO HAVE COMPLIED WITH ITS OBLIGATION TO DO SO IF SUCH PERSON HAS EXERCISED THE
SAME DEGREE OF CARE TO MAINTAIN THE CONFIDENTIALITY OF SUCH INFORMATION AS SUCH
PERSON WOULD ACCORD TO ITS OWN CONFIDENTIAL INFORMATION.
SECTION 9.13.
INTEREST RATE LIMITATION.
NOTWITHSTANDING ANYTHING HEREIN TO THE
CONTRARY, IF AT ANY TIME THE INTEREST RATE APPLICABLE TO ANY LOAN, TOGETHER WITH
ALL FEES, CHARGES AND OTHER AMOUNTS THAT ARE TREATED AS INTEREST ON SUCH LOAN
UNDER APPLICABLE LAW (COLLECTIVELY THE "CHARGES"), SHALL EXCEED THE MAXIMUM
LAWFUL RATE (THE "MAXIMUM RATE") THAT MAY BE CONTRACTED FOR, CHARGED, TAKEN,
RECEIVED OR RESERVED BY THE LENDER HOLDING SUCH LOAN IN ACCORDANCE WITH
APPLICABLE LAW, THE RATE OF INTEREST PAYABLE IN RESPECT OF SUCH LOAN HEREUNDER,
TOGETHER WITH ALL CHARGES PAYABLE IN RESPECT THEREOF, SHALL BE LIMITED TO THE
MAXIMUM RATE AND, TO THE EXTENT LAWFUL, THE INTEREST AND CHARGES THAT WOULD HAVE
BEEN PAYABLE IN RESPECT OF SUCH LOAN BUT WERE NOT PAYABLE AS A RESULT OF THE
OPERATION OF THIS SECTION SHALL BE CUMULATED AND THE INTEREST AND CHARGES
PAYABLE TO
95
SUCH LENDER IN RESPECT OF OTHER LOANS OR PERIODS SHALL BE INCREASED (BUT NOT
ABOVE THE MAXIMUM RATE THEREFOR) UNTIL SUCH CUMULATED AMOUNT, TOGETHER WITH
INTEREST THEREON AT THE FEDERAL FUNDS EFFECTIVE RATE TO THE DATE OF REPAYMENT,
SHALL HAVE BEEN RECEIVED BY SUCH LENDER.
SECTION 9.14.
RELEASE OF LIENS AND GUARANTEES.
A SUBSIDIARY LOAN PARTY SHALL
AUTOMATICALLY BE RELEASED FROM ITS OBLIGATIONS UNDER THE LOAN DOCUMENTS UPON THE
CONSUMMATION OF ANY TRANSACTION PERMITTED BY THIS AGREEMENT AS A RESULT OF WHICH
SUCH SUBSIDIARY LOAN PARTY CEASES TO BE A SUBSIDIARY; PROVIDED THAT, IF SO
REQUIRED BY THIS AGREEMENT, THE REQUIRED LENDERS SHALL HAVE CONSENTED TO SUCH
TRANSACTION AND THE TERMS OF SUCH CONSENT SHALL NOT HAVE PROVIDED OTHERWISE.
UPON ANY SALE OR OTHER TRANSFER BY ANY LOAN PARTY (OTHER THAN TO THE BORROWER OR
ANY SUBSIDIARY OR ANY OF THEIR RELATED PARTIES) OF ANY COLLATERAL IN A
TRANSACTION PERMITTED UNDER THIS AGREEMENT, OR UPON THE EFFECTIVENESS OF ANY
WRITTEN CONSENT TO THE RELEASE OF THE SECURITY INTEREST CREATED UNDER ANY
SECURITY DOCUMENT IN ANY COLLATERAL PURSUANT TO SECTION 9.02, THE SECURITY
INTERESTS IN SUCH COLLATERAL CREATED BY THE SECURITY DOCUMENTS SHALL BE
AUTOMATICALLY RELEASED.
IN CONNECTION WITH ANY TERMINATION OR RELEASE PURSUANT
TO THIS SECTION, THE ADMINISTRATIVE AGENT SHALL EXECUTE AND DELIVER TO ANY LOAN
PARTY, AT SUCH LOAN PARTY'S EXPENSE, ALL DOCUMENTS THAT SUCH LOAN PARTY SHALL
REASONABLY REQUEST TO EVIDENCE SUCH TERMINATION OR RELEASE.
ANY EXECUTION AND
DELIVERY OF DOCUMENTS PURSUANT TO THIS SECTION SHALL BE WITHOUT RECOURSE TO OR
WARRANTY BY THE ADMINISTRATIVE AGENT.
SECTION 9.15.
USA PATRIOT ACT NOTICE.
EACH LENDER AND THE ADMINISTRATIVE AGENT
(FOR ITSELF AND NOT ON BEHALF OF ANY LENDER) HEREBY NOTIFIES THE BORROWER THAT
PURSUANT TO THE REQUIREMENTS OF THE USA PATRIOT ACT IT IS REQUIRED TO OBTAIN,
VERIFY AND RECORD INFORMATION