200808234 - Laserfiche WebLink

Browse

200808234 Telecopy No.: (402) 434-3030 For purposes of NEB. REV . STAT. Section 76-1008(3), Trustor hereby requests that a copy of any notice of default and the copy of any notice of sale hereunder shall be mailed, by registered or certified mail, in accordance with the provisions of this Section 6.03 as though a separate request therefor had been filed by Trustor. SECTION 6.04. Amendments in Writing. No amendment, consent, waiver or supplement in any way affecting Trustor's obligations or Beneficiary's rights. under this Deed of Trust shall in any event be effective unless contained in a writing signed by Beneficiary. SECTION 6.05. Related Swap Contracts. All obligations of the Trustor under Related Swap Contracts to which any Lender or its Affiliates are a party shall be deemed to be liabilities of the Trustor ("Liabilities"), and each Lender or Affiliate of a Lender party to any such Related Swap Contract shall be deemed to be a Secured Party hereunder with respect to such Liabilities; provided, however, that such obligations shall cease to be Liabilities at such time, prior to the Facility Termination Date (as defined below), as such Person (or Affiliate of such Person) shall cease to be a "Lender" under the Credit Agreement. No Person who obtains the benefit of this Agreement by virtue of the provisions of this Section shall have, prior to the Facility Termination Date, any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Obligations (including the release or modification of any Obligations or security therefor) other than in its capacity as a Lender and only to the extent expressly provided in the Loan Documents. Each Secured Party not a party to the Credit Agreement who obtains the benefit of this Agreement by virtue of the provisions of this Section shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the tenus of the Credit Agreement, and that with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such Secured Party, the Administrative Agent and each of its Related Parties shall be entitled to all the rights, benefits and immunities conferred under Article IX ofthe Credit Agreement. "Facility Termination Date" means the date as of which all of the following shall have occurred: (a) the Borrowers shall have permanently terminated the credit facilities under the Loan Documents by final payment in full of all Outstanding Amounts, together with all accrued and unpaid interest and fees thereon; (b) all Commitments shall have terminated or expired; (c) the obligations and liabilities of the Borrower and each other Loan Party under all Related Swap Contracts shall have been fully, finally and irrevocably paid and satisfied in full and the Related Swap Contracts shall have expired or been terminated, or other arrangements satisfactory to the counterparties shall have been made with respect thereto; and (d) the Borrower and each other Loan Party shall have fully, finally and irrevocably paid and satisfied in full all of their respective obligations and liabilities arising under the Loan Documents, including the Obligations (except for future Obligations consisting of continuing indemnities and other contingent Obligations of the Borrower or any -20-