OR HEREAFTER EXISTING UNDER THIS
AGREEMENT OR ANY OTHER FINANCING DOCUMENT TO SUCH LENDER, IRRESPECTIVE OF
WHETHER OR NOT SUCH LENDER SHALL HAVE MADE ANY DEMAND UNDER THIS AGREEMENT OR
ANY OTHER FINANCING DOCUMENT AND ALTHOUGH SUCH OBLIGATIONS OF THE BORROWER MAY
BE CONTINGENT OR UNMATURED OR ARE OWED TO A BRANCH OR OFFICE OF SUCH LENDER
DIFFERENT FROM THE BRANCH OR OFFICE HOLDING SUCH DEPOSIT OR OBLIGATED ON SUCH
INDEBTEDNESS. THE RIGHTS
120
OF EACH LENDER AND THEIR RESPECTIVE AFFILIATES UNDER THIS SECTION 10.14 ARE IN
ADDITION TO OTHER RIGHTS AND REMEDIES (INCLUDING OTHER RIGHTS OF SETOFF) THAT
SUCH LENDER OR THEIR RESPECTIVE AFFILIATES MAY HAVE. EACH LENDER AGREES TO
NOTIFY THE BORROWER AND THE ADMINISTRATIVE AGENT PROMPTLY AFTER ANY SUCH SETOFF
AND APPLICATION; PROVIDED THAT THE FAILURE TO GIVE SUCH NOTICE SHALL NOT AFFECT
THE VALIDITY OF SUCH SETOFF AND APPLICATION.
SECTION 10.15
SEVERABILITY. IF ANY PROVISION OF THIS AGREEMENT OR ANY OTHER
FINANCING DOCUMENT IS HELD TO BE ILLEGAL, INVALID OR UNENFORCEABLE, (A) THE
LEGALITY, VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS OF THIS
AGREEMENT AND THE OTHER FINANCING DOCUMENTS SHALL NOT BE AFFECTED OR IMPAIRED
THEREBY AND (B) THE PARTIES SHALL ENDEAVOR IN GOOD FAITH NEGOTIATIONS TO REPLACE
THE ILLEGAL, INVALID OR UNENFORCEABLE PROVISIONS WITH VALID PROVISIONS THE
ECONOMIC EFFECT OF WHICH COMES AS CLOSE AS POSSIBLE TO THAT OF THE ILLEGAL,
INVALID OR UNENFORCEABLE PROVISIONS. THE INVALIDITY OF A PROVISION IN A
PARTICULAR JURISDICTION SHALL NOT INVALIDATE OR RENDER UNENFORCEABLE SUCH
PROVISION IN ANY OTHER JURISDICTION.
SECTION 10.16
SURVIVAL. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE
CONTRARY, SECTION 10.06 (COSTS AND EXPENSES) AND SECTION 10.08 (INDEMNIFICATION
BY THE BORROWER) SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT. IN ADDITION,
EACH REPRESENTATION AND WARRANTY MADE HEREUNDER AND IN ANY OTHER FINANCING
DOCUMENT OR OTHER DOCUMENT DELIVERED PURSUANT HERETO OR THERETO OR IN CONNECTION
HEREWITH OR THEREWITH SHALL SURVIVE THE EXECUTION AND DELIVERY HEREOF AND
THEREOF. SUCH REPRESENTATIONS AND WARRANTIES HAVE BEEN OR WILL BE RELIED UPON BY
EACH AGENT AND EACH LENDER, REGARDLESS OF ANY INVESTIGATION MADE BY ANY AGENT OR
ANY LENDER OR ON THEIR BEHALF AND NOTWITHSTANDING THAT ANY AGENT OR ANY LENDER
MAY HAVE HAD NOTICE OR KNOWLEDGE OF ANY DEFAULT OR EVENT OF DEFAULT AT THE TIME
OF THE FUNDING, AND SHALL CONTINUE IN FULL FORCE AND EFFECT AS LONG AS ANY LOAN
OR ANY OTHER OBLIGATION HEREUNDER OR UNDER ANY OTHER FINANCING DOCUMENT SHALL
REMAIN UNPAID OR UNSATISFIED.
SECTION 10.17
TREATMENT OF CERTAIN INFORMATION; CONFIDENTIALITY. EACH OF THE
AGENTS AND THE LENDERS AGREES TO MAINTAIN THE CONFIDENTIALITY OF THE
INFORMATION, EXCEPT THAT INFORMATION MAY BE DISCLOSED (A) TO ITS AFFILIATES AND
TO ITS AFFILIATES' RESPECTIVE PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
ADVISORS (INCLUDING LEGAL COUNSEL AND FINANCIAL ADVISORS) AND REPRESENTATIVES
(IT BEING UNDERSTOOD THAT THE PERSONS TO WHOM SUCH DISCLOSURE IS MADE WILL BE
INFORMED OF THE CONFIDENTIAL NATURE OF SUCH INFORMATION AND INSTRUCTED TO KEEP
SUCH INFORMATION CONFIDENTIAL); (B) TO THE EXTENT REQUESTED OR REQUIRED BY ANY
REGULATORY AUTHORITY PURPORTING TO