TO A
JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS
AGREEMENT, ANY OF THE SUBORDINATED LOAN DOCUMENTS OR ANY OF THE SENIOR LOAN
DOCUMENTS. EACH OF SUBORDINATED CREDITOR, THE BORROWER AND ADMINISTRATIVE AGENT
ACKNOWLEDGES THAT THIS WAIVER IS A MATERIAL INDUCEMENT TO ENTER INTO A BUSINESS
RELATIONSHIP, THAT EACH HAS RELIED ON THE WAIVER IN ENTERING INTO THIS AGREEMENT
AND THE SENIOR LOAN DOCUMENTS AND THAT EACH WILL CONTINUE TO RELY ON THE WAIVER
IN THEIR RELATED FUTURE DEALINGS. EACH OF SUBORDINATED CREDITOR, THE BORROWER
AND ADMINISTRATIVE AGENT WARRANTS AND REPRESENTS THAT EACH HAS HAD THE
OPPORTUNITY OF REVIEWING THIS JURY WAIVER WITH LEGAL COUNSEL, AND THAT EACH
KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS.
(Signature Page follows)
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IN WITNESS WHEREOF, Subordinated Creditor, the Borrower and Administrative Agent
have caused this Agreement to be executed as of the date first above written.
SUBORDINATED CREDITOR:
TRANSCANADA PIPELINES LIMITED
By
/s/ Donald R. Marchand
Name:
Donald R. Marchand
Title:
Vice President, Finance & Treasurer
By
/s/ Donald J. DeGrandis
Name:
Donald J. DeGrandis
Title:
Secretary
BORROWER:
TC PIPELINES, LP,
By
/s/ Mark Zimmerman
Name:
Mark Zimmerman
Title:
President
By
/s/ Donald J. DeGrandis
Name:
Donald J. DeGrandis
Title:
Secretary
ADMINISTRATIVE AGENT:
SUNTRUST BANK
By
/s/ Peter Panos
Name:
Peter Panos
Title:
Vice President
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