Black & Decker CYCLONE BLC12600BUC Manuel d'utilisateur télécharger pdf (Page 189)

(iii) the Borrowers, the Administrative Agent and the other Lenders shall continue to deal solely and directly with

such Lender in connection with such Lender's rights and obligations under this Agreement,

(iv) any such option granted to an SPC shall not constitute a commitment by such SPC to fund any Advance,

(v) neither the grant to nor the exercise of such option by an SPC shall increase the costs or expenses or otherwise

increase or change the obligations of the Borrowers under this Agreement (including, without limitation, its obligations under

Sections 2.11, 2.12 and 2.14),

(vi) the SPC shall be bound by the provisions of Section 9.09 and

(vii) no SPC shall have any right under such grant to approve any amendment or waiver of any provision of this

Agreement or any Note, nor any consent to any departure by the Borrower therefrom, except to the extent that such

amendment, waiver or consent would reduce the principal of, or interest on, the Notes or any fees or other amounts payable

hereunder, in each case to the extent subject to such grant of funding option, or postpone any date fixed for any payment of

principal of, or interest on, the Advances, or any fees or other amounts payable hereunder, in each case to the extent subject

to such grant of funding option.

Each party to this Agreement hereby agrees that no SPC shall be liable for any indemnity or payment under this Agreement for which

a Lender would otherwise be liable. Subject to the foregoing provisions of this clause (f), an SPC shall have all the rights of the

granting Lender. An SPC may assign or participate all or a portion of its interest in any Advances to the granting Lender or to any

financial institution providing liquidity or credit support to or for the account of such SPC without paying any processing fee therefor

and, in connection therewith may disclose on a confidential basis any information relating to the Borrowers to any rating agency,

commercial paper dealer or provider of any surety, guarantee or credit or liquidity enhancements to such SPC. In furtherance of the

foregoing, each party hereto agrees (which agreements shall survive the termination of this Agreement) that, prior to the date that is

one year and one day after the payment in full of all outstanding commercial paper or other senior indebtedness of any SPC, it will not

institute against, or join any other Person in instituting against, such SPC any bankruptcy, reorganization, arrangement, insolvency or

liquidation proceedings under the laws of the United States or any State thereof.

(g) Any Lender may, in connection with any assignment, participation or grant of a funding option or

proposed assignment, participation or grant of a funding option pursuant to this Section 9.07, disclose to the assignee, participant or

SPC or proposed assignee, participant or SPC, any information relating to any Borrower or any of its Subsidiaries furnished to such

Lender by or on behalf of any Borrower; provided that, prior to any such disclosure, the assignee, participant or SPC or proposed

assignee, participant or SPC shall agree to preserve the confidentiality of any Information received by it from such Lender in

accordance with the terms of Section 9.09.

Source: BLACK & DECKER CORP, 10-K, February 19, 2010 Powered by Morningstar

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Black & Decker CYCLONE BLC12600BUC Manuel d'utilisateur Page 189