ServiceMagic 2012 Annual Report Download - page 350

businesses, other than any such information that is available to the Administrative Agent or any Lender on a nonconfidential basis
prior to disclosure by the Borrower or its Affiliates. Any Person required to maintain the confidentiality of Information as provided
in this Section shall be considered to have complied with its obligation to do so if such Person has exercised the same degree of
care to maintain the confidentiality of such Information as such Person would reasonably accord to its own confidential
information.
Each Lender (other than any “public only” Lender) acknowledges that information furnished to it pursuant to this
Agreement or the other Loan Documents may include material non-public information concerning the Borrower and its Affiliates
and their related parties or their respective securities, and confirms that it has developed compliance procedures regarding the use of
material non-public information and that it will handle such material non-public information in accordance with those procedures
and applicable law, including Federal and state securities laws.
All information, including requests for waivers and amendments, furnished by the Borrower or the Administrative
Agent pursuant to, or in the course of administering, this Agreement or the other Loan Documents will be syndicate-level
information, which may contain material non-public information about the Borrower and its Affiliates and their related parties or
their respective securities. Accordingly, each Lender represents to the Borrower and the Administrative Agent that it has identified
in its administrative questionnaire a credit contact who may receive information that may contain material non-public information
in accordance with its compliance procedures and applicable law, including Federal and state securities laws.
SECTION 9.14
Judgment Currency . If, for the purposes of obtaining judgment or filing a claim in any court, it
is necessary to convert a sum due hereunder or claim in one currency into another currency, the rate of exchange used shall be that
at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other
currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any
such sum due from it to the Administrative Agent or the Lenders hereunder shall, notwithstanding any judgment in a currency (the
“ Judgment Currency ”) other than that in which such sum is denominated in accordance with the applicable provisions of this
Agreement (the “ Agreement Currency ”), be discharged only to the extent that on the Business Day following receipt by the
Administrative Agent of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent may in accordance
with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement
Currency so purchased is less than the sum originally due to the Administrative Agent from the Borrower in the Agreement
Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative
Agent or the Person to whom such obligation was owing against such loss. If the amount of the Agreement Currency so purchased
is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent agrees to return the
amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law).
SECTION 9.15
USA PATRIOT Act
. Each Lender subject to the Act hereby notifies the Borrower that pursuant
to the requirements of the USA PATRIOT Act (Title III of Pub. L. 107-56 (signed into law October 26, 2001)) (the “ Act ”), it is
hereby required to obtain, verify and record information that identifies the Borrower, which information includes the name and
address of the Borrower and other information that will allow such Lender to identify the Borrower in accordance with the Act.
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