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SEC Filings

SC 13D
ALLEN PAUL G filed this Form SC 13D on 11/22/1999
Entire Document
 
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                  (e) Waives, to the maximum extent not prohibited by law, any
         right it may have to claim or recover in any legal action or proceeding
         referred to in this Section any special, exemplary, punitive or
         consequential damages.

         SECTION 10.13 Acknowledgments. Each Loan Party hereby acknowledges
that:

                  (a) It has been advised by counsel in the negotiation,
         execution and delivery of this Agreement and the other Loan Documents;

                  (b) Neither the Administrative Agent nor any Lender has any
         fiduciary relationship with or duty to the Borrower or the Guarantor
         arising out of or in connection with this Agreement or any of the other
         Loan Documents, and the relationship between Administrative Agent and
         Lenders, on one hand, and the Borrower or the Guarantor, on the other
         hand, in connection herewith or therewith is solely that of debtor and
         creditor; and

                  (c) No joint venture is created hereby or by the other Loan
         Documents or otherwise exists by virtue of the transactions
         contemplated hereby among the Lenders or among the Borrower or the
         Guarantor and the Lenders.

         SECTION 10.14 WAIVERS OF JURY TRIAL. THE BORROWER, THE GUARANTOR, THE
ADMINISTRATIVE AGENT AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY
WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT
OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.

         SECTION 10.15 Confidentiality. Each of the Administrative Agent and
each Lender agrees to keep confidential all financial information provided
pursuant to Sections 5.1 or 5.2 and any other non-public information provided to
it by any Loan Party pursuant to this Agreement that is designated by such Loan
Party as confidential; provided that nothing herein shall prevent the
Administrative Agent or any Lender from disclosing any such information (a) to
the Administrative Agent, any other Lender or any Affiliate thereof, (b) to any
Transferee or prospective Transferee which agrees to comply with the provisions
of this Section 10.15, (c) to the employees, directors, agents, attorneys,
accountants and other professional advisors of such Lender or its affiliates,
(d) upon the request or demand of any Governmental Authority having jurisdiction
over the Administrative Agent or such Lender, (e) in response to any order of
any court or other Governmental Authority or as may otherwise be required
pursuant to applicable law or regulation, (f) if requested or required to do so
in connection with any litigation or similar proceeding, (g) which has been
publicly disclosed other than in breach of this Section 10.15, or (h) in
connection with the exercise of any remedy hereunder or under any other Loan
Document, and provided, further, that, in the case of clause (f) above, the
Administrative Agent or such Lender, as the case may be, shall give the Borrower
prompt notice thereof to the extent it is not prohibited from doing so.


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