Kodak 2011 Annual Report Download - page 374

SECTION 21 AMENDMENTS; WAIVERS; ADDITIONAL GRANTORS; ETC.
SECTION 22 CONFIDENTIALITY; NOTICES; REFERENCES.
expenses of counsel) that may be incurred by or asserted or awarded against any Indemnified Party, in each case arising out of or in
connection with or resulting from this Agreement (including, without limitation, enforcement of this Agreement), except to the extent
such claim, damage, loss, liability or expense is found in a final, non-
appealable judgement by a court of competent jurisdiction to have
resulted from such Indemnified Party's gross negligence or willful misconduct.
(b)
Each Grantor will upon demand pay to the Agent the amount of any and all reasonable expenses, including, without limitation, the
reasonable fees and expenses of its counsel and of any experts and agents, that the Agent may incur in connection with (i) the custody,
preservation, use or operation of, or the sale of, collection from or other realization upon, any of the Collateral of such Grantor, (ii) the
exercise or enforcement of any of the rights of the Agent or the other Secured Parties hereunder or (iii) the failure by such Grantor to
perform or observe any of the provisions hereof.
(a)
No amendment or waiver of any provision of this Agreement, and no consent to any departure by any Grantor herefrom, shall in any
event be effective unless the same shall be in writing and signed by the Agent and, with respect to any amendment, the Borrower on
behalf of the Grantors, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for
which given. No failure on the part of the Agent or any other Secured Party to exercise, and no delay in exercising any right hereunder,
shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or
the exercise of any other right.
(b) Upon the execution and delivery by any Person of a security agreement supplement in substantially the form of Exhibit C hereto (each a
“
Canadian Security Agreement Supplement ”), such Person shall be referred to as an “ Additional Grantor ”
and shall be and become
a Grantor hereunder, and each reference in this Agreement and the other Loan Documents to “Grantor”
shall also mean and be a reference
to such Additional Grantor, each reference in this Agreement and the other Loan Documents to the “Collateral”
shall also mean and be a
reference to the Collateral granted by such Additional Grantor and each reference in this Agreement to a Schedule shall also mean and be
a reference to the schedules attached to such Canadian Security Agreement Supplement.
(a)
The confidentiality provisions of Section 9.09 of the Credit Agreement shall apply to all information received by the Agent or any Lender
under this Agreement.
(b)
All notices and other communications provided for hereunder shall be delivered as provided in Section 9.02 of the Credit Agreement.
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