Field Audits and Examination Reports; Confidentiality; Disclaimers by Lenders; Other Reports and Information. By becoming a party to this Agreement, each Lender:
Field Audits and Examination Reports; Confidentiality; Disclaimers by Lenders; Other Reports and Information. By signing this Agreement, each Lender:
Field Audits and Examination Reports; Confidentiality; Disclaimers by Lenders; Other Reports and Information. By signing this Agreement, Agent (with respect to clause (d) below only) and each Lender:
Field Audits and Examination Reports; Confidentiality; Disclaimers by Lenders; Other Reports and Information. By signing this Agreement, each Lender: (a) is deemed to have requested that Agent furnish such Lender, promptly after it becomes available, a copy of each field audit or examination report (each a "Report" and collectively, "Reports") prepared by or for Agent, and Agent shall so furnish each Lender with such Reports; (b) expressly agrees and acknowledges that neither GSCP nor Agent (i) makes any representation or warranty as to the accuracy of any Report, or (ii) shall be liable for any information contained in any Report; (c) expressly agrees and acknowledges that the Reports are not comprehensive audits or examinations, that Agent or other party performing any audit or examination will inspect only specific information regarding Borrower and will rely significantly upon Borrower's books and records, as well as on representations of Borrower's personnel; (d) agrees to keep all Reports and other material, non-public information regarding Borrower and its Subsidiaries and their operations, assets, and existing and contemplated business plans in a confidential manner; it being understood and agreed by Borrower that in any event such Lender may make disclosures (a) to counsel for and other advisors, accountants, and auditors to such Lender, (b) reasonably required by any bona fide potential or actual Assignee, transferee, or Participant in connection with any contemplated or actual assignment or transfer by such Lender of an interest herein or any participation interest in such Lender's rights hereunder, (c) of information that has become public by disclosures made by Persons other than such Lender, its Affiliates, assignees, transferees, or participants, or (d) as required or requested by any court, governmental or administrative agency, pursuant to any subpoena or other legal process, or by any law, statute, regulation, or court order; provided, however, that, unless prohibited by applicable law, statute, regulation, or court order, such Lender shall notify Borrower of any request by any court, governmental or administrative agency, or pursuant to any subpoena or other legal process for disclosure of any such non-public material information concurrent with, or where practicable, prior to the disclosure thereof; and (e) without limiting the generality of any other indemnification provision contained in this Agreement, agrees: (i) to hold Agent and any such other Lender preparing a Report harmless from any action the indemnifying Lender may take or conclusio...
Field Audits and Examination Reports; Confidentiality; Disclaimers by Lenders; Other Reports and Information. By signing this Agreement, each Lender: -58-
Field Audits and Examination Reports; Confidentiality; Disclaimers by Lenders; Other Reports and Information. 76 Section 10.16 Replacement of Lenders 78 Section 10.17 Defaulting Lender Provisions 78 Section 10.18 Certain ERISA Matters 79 Section 10.19 Erroneous Payments 80
Field Audits and Examination Reports; Confidentiality; Disclaimers by Lenders; Other Reports and Information. 15.18. Several Obligations; No Liability
Field Audits and Examination Reports; Confidentiality; Disclaimers by Lenders; Other Reports and Information. 95 16.18 Several Obligations; No Liability 96 16.19 Legal Representation of Agent 97 17. GENERAL PROVISIONS. 97 17.1 Effectiveness 97 17.2 Section Headings. 97 17.3 Interpretation 97 17.4 Severability of Provisions 97 17.5 Amendments in Writing. 98 17.6 Counterparts; Telefacsimile Execution 98 17.7 Revival and Reinstatement of Obligations 98 17.8 Integration 98 17.9 Parent as Agent for Borrowers 98
Field Audits and Examination Reports; Confidentiality; Disclaimers by Lenders; Other Reports and Information. 73 16.18 Several Obligations; No Liability...............................74
Field Audits and Examination Reports; Confidentiality; Disclaimers by Lenders; Other Reports and Information. By signing this Agreement, each Lender and, with respect to subparagraph (d), the Agent and the Oversight Agent;
