THE OBLIGATIONS AS AND WHEN DUE OR TO PERFORM ANY
OF THE OBLIGATIONS IN ACCORDANCE WITH THE TERMS THEREOF, THEN IN EACH SUCH EVENT
THE OTHER BORROWERS WILL MAKE SUCH PAYMENT WITH RESPECT TO, OR PERFORM, SUCH
OBLIGATION.
(D)
THE OBLIGATIONS OF EACH BORROWER UNDER THE PROVISIONS OF THIS
SECTION 2.13 CONSTITUTE THE ABSOLUTE AND UNCONDITIONAL, FULL RECOURSE
OBLIGATIONS OF EACH BORROWER ENFORCEABLE AGAINST EACH BORROWER TO THE FULL
EXTENT OF ITS PROPERTIES AND ASSETS, IRRESPECTIVE OF THE VALIDITY, REGULARITY OR
ENFORCEABILITY OF THIS AGREEMENT OR ANY OTHER CIRCUMSTANCES WHATSOEVER.
(E)
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, EACH
BORROWER HEREBY WAIVES NOTICE OF ACCEPTANCE OF ITS JOINT AND SEVERAL LIABILITY,
NOTICE OF ANY LOANS MADE UNDER OR PURSUANT TO THIS AGREEMENT, NOTICE OF THE
OCCURRENCE OF ANY DEFAULT, EVENT OF DEFAULT, OR OF ANY DEMAND FOR ANY PAYMENT
UNDER THIS AGREEMENT, NOTICE OF ANY ACTION AT ANY TIME TAKEN OR OMITTED BY AGENT
OR LENDERS UNDER OR IN RESPECT OF ANY OF THE OBLIGATIONS, ANY REQUIREMENT OF
DILIGENCE OR TO MITIGATE DAMAGES AND, GENERALLY, TO THE EXTENT PERMITTED BY
APPLICABLE LAW, ALL DEMANDS, NOTICES AND OTHER FORMALITIES OF EVERY KIND IN
CONNECTION WITH THIS AGREEMENT (EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT).
EACH BORROWER HEREBY ASSENTS TO, AND WAIVES NOTICE OF, ANY EXTENSION OR
POSTPONEMENT OF THE TIME FOR THE PAYMENT OF ANY OF THE OBLIGATIONS, THE
ACCEPTANCE OF ANY PAYMENT OF ANY OF THE OBLIGATIONS, THE ACCEPTANCE OF ANY
PARTIAL PAYMENT THEREON, ANY WAIVER, CONSENT OR OTHER ACTION OR ACQUIESCENCE BY
AGENT OR LENDERS AT ANY TIME OR TIMES IN RESPECT OF ANY DEFAULT BY ANY BORROWER
IN THE PERFORMANCE OR SATISFACTION OF ANY TERM, COVENANT, CONDITION OR PROVISION
OF THIS AGREEMENT, ANY AND ALL OTHER INDULGENCES WHATSOEVER BY AGENT OR LENDERS
IN RESPECT OF ANY OF THE OBLIGATIONS, AND THE TAKING, ADDITION, SUBSTITUTION OR
RELEASE, IN WHOLE OR IN PART, AT ANY TIME OR TIMES, OF ANY SECURITY FOR ANY OF
THE OBLIGATIONS OR THE ADDITION, SUBSTITUTION OR RELEASE, IN WHOLE OR IN PART,
OF ANY BORROWER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EACH BORROWER
ASSENTS TO ANY OTHER ACTION OR DELAY IN ACTING OR FAILURE TO ACT ON THE PART OF
ANY AGENT OR LENDER WITH RESPECT TO THE FAILURE BY ANY BORROWER TO COMPLY WITH
ANY OF ITS RESPECTIVE OBLIGATIONS, INCLUDING, WITHOUT LIMITATION, ANY FAILURE
STRICTLY
13
OR DILIGENTLY TO ASSERT ANY RIGHT OR TO PURSUE ANY REMEDY OR TO COMPLY FULLY
WITH APPLICABLE LAWS OR REGULATIONS THEREUNDER, WHICH MIGHT, BUT FOR THE
PROVISIONS OF THIS SECTION 2.13 AFFORD GROUNDS FOR TERMINATING, DISCHARGING OR
RELIEVING ANY BORROWER, IN WHOLE OR IN PART, FROM ANY OF ITS OBLIGATIONS UNDER
THIS SECTION 2.13, IT BEING THE INTENTION OF EACH BORROWER THAT, SO LONG AS ANY
OF THE OBLIGATIONS HEREUNDER REMAIN UNSATISFIED, THE OBLIGATIONS OF EACH
BORROWER UNDER THIS SECTION 2.13 SHALL NOT BE DISCHARGED EXCEPT BY PERFORMANCE
AND THEN ONLY TO THE EXTENT OF SUCH PERFORMANCE. THE OBLIGATIONS OF EACH
BORROWER UNDER THIS SECTION