PARTIES IN THE COURTS OF
ANY JURISDICTION OR TO ENFORCE IN ANY LAWFUL MANNER A JUDGMENT OBTAINED IN ONE
JURISDICTION IN ANY OTHER JURISDICTION.
14.15
CONFIDENTIALITY.
EACH PURCHASER AGREES THAT IT SHALL
NOT DISCLOSE ANY CONFIDENTIAL INFORMATION TO ANY PERSON WITHOUT THE CONSENT OF
THE COMPANY, OTHER THAN (A) TO SUCH PURCHASER'S AFFILIATES AND THE OFFICERS,
DIRECTORS, LIMITED PARTNERS, EMPLOYEES, AGENTS, ACCOUNTANTS, ATTORNEYS AND OTHER
PROFESSIONAL ADVISORS OF IT AND ITS AFFILIATES AND TO ACTUAL OR PROSPECTIVE
ELIGIBLE ASSIGNEES OR TRANSFEREES, AND THEN ONLY ON A CONFIDENTIAL BASIS, (B) AS
REQUIRED BY ANY LAW, RULE OR REGULATION OR JUDICIAL PROCESS, (C) AS REQUESTED OR
REQUIRED BY ANY STATE, FEDERAL OR FOREIGN AUTHORITY OR EXAMINER REGULATING SUCH
PURCHASER AND (D) TO ANY RATING AGENCY WHEN REQUIRED BY IT.
FOR PURPOSES OF
THIS SECTION 14.15, "CONFIDENTIAL INFORMATION" MEANS INFORMATION OBTAINED
PURSUANT TO THE REQUIREMENTS OF THIS AGREEMENT RELATING TO A NOTE PARTY OR ITS
BUSINESS THAT ANY NOTE PARTY FURNISHES TO ANY PURCHASER, BUT DOES NOT INCLUDE
ANY SUCH INFORMATION THAT (I) IS OR BECOMES GENERALLY AVAILABLE TO THE PUBLIC
OTHER THAN AS A RESULT OF A BREACH BY SUCH PURCHASER OF ITS OBLIGATIONS
HEREUNDER, (II) IS OR BECOMES AVAILABLE TO SUCH PURCHASER FROM A SOURCE OTHER
THAN THE NOTE PARTIES OR ANOTHER PERSON KNOWN BY THE PURCHASERS TO BE BOUND BY
CONFIDENTIALITY REQUIREMENTS NOT TO DISCLOSE SUCH INFORMATION OR (III) PRIOR TO
SUCH INFORMATION HAVING BEEN PROVIDED OR OBTAINED, SUCH INFORMATION WAS ALREADY
IN THE POSSESSION OF SUCH PURCHASER ON A NONCONFIDENTIAL BASIS WITHOUT A DUTY OF
CONFIDENTIALITY TO ANY NOTE PARTY BEING VIOLATED.
14.16
FURTHER ASSURANCES.
FROM AND AFTER THE DATE OF THIS
AGREEMENT, UPON THE REQUEST OF THE PURCHASERS, EACH NOTE PARTY SHALL EXECUTE AND
DELIVER SUCH INSTRUMENTS, DOCUMENTS AND OTHER WRITINGS AS MAY BE REASONABLY
NECESSARY OR DESIRABLE TO CONFIRM AND CARRY OUT AND TO EFFECTUATE FULLY THE
INTENT AND PURPOSES OF THE SUBORDINATED NOTE DOCUMENTS.
14.17
REPRODUCTION OF DOCUMENTS.
THIS AGREEMENT AND ALL
DOCUMENTS RELATING THERETO, INCLUDING, WITHOUT LIMITATION, (A) CONSENTS, WAIVERS
AND MODIFICATIONS THAT MAY HEREAFTER BE EXECUTED, (B) DOCUMENTS RECEIVED BY ANY
PURCHASER AT THE CLOSING (EXCEPT THE NOTES THEMSELVES) AND (C) FINANCIAL
STATEMENTS, CERTIFICATES AND OTHER INFORMATION PREVIOUSLY OR HEREAFTER FURNISHED
TO ANY PURCHASER, MAY BE REPRODUCED BY ANY PURCHASER
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BY ANY PHOTOGRAPHIC, PHOTOSTATIC, MICROFILM, MICROCARD, MINIATURE PHOTOGRAPHIC
OR OTHER SIMILAR PROCESS AND SUCH PURCHASER MAY DESTROY ANY ORIGINAL DOCUMENT SO
REPRODUCED.
THE COMPANY AGREES AND STIPULATES THAT, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, ANY SUCH REPRODUCTION SHALL BE ADMISSIBLE IN
EVIDENCE AS THE ORIGINAL ITSELF IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING
(WHETHER OR NOT THE ORIGINAL IS IN EXISTENCE AND WHETHER OR NOT SUCH
REPRODUCTION WAS MADE BY SUCH PURCHASER IN THE REGULAR COURSE OF BUSINESS) AND
ANY ENLARGEMENT, FACSIMILE OR FURTHER REPRODUCTION OF SUCH REPRODUCTION SHALL
LIKEWISE BE ADMISSIBLE IN EVIDENCE.
THIS SECTION 14.17 SHALL NOT PROHIBIT THE
COMPANY OR ANY OTHER PURCHASER FROM CONTESTING ANY SUCH REPRODUCTION TO THE SAME
EXTENT THAT IT COULD CONTEST THE ORIGINAL,