EFFECTS
24
OF THIS AGREEMENT, THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS, THAT IT
HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL OF ITS CHOICE THROUGHOUT THE
NEGOTIATIONS PRECEDING ITS EXECUTION OF THIS AGREEMENT AND THE OTHER LOAN
DOCUMENTS, HAS RECEIVED THE ADVICE OF ITS ATTORNEY IN ENTERING INTO THIS
AGREEMENT AND THE OTHER LOAN DOCUMENTS, AND THAT IT RECOGNIZES THAT CERTAIN OF
THE TERMS OF THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS RESULT IN ONE PARTY
ASSUMING THE LIABILITY INHERENT IN SOME ASPECTS OF THE TRANSACTION AND RELIEVING
THE OTHER PARTY OF ITS RESPONSIBILITY FOR SUCH LIABILITY. EACH PARTY HERETO
AGREES AND COVENANTS THAT IT WILL NOT CONTEST THE VALIDITY OR ENFORCEABILITY OF
ANY EXCULPATORY PROVISION OF THIS AGREEMENT ON THE BASIS THAT THE PARTY HAD NO
NOTICE OR KNOWLEDGE OF SUCH PROVISION OR THAT THE PROVISION IS NOT
"CONSPICUOUS".
Section 7.12 U.S. Patriot Act. The Administrative Agent, on behalf of each
Lender that is subject to the requirements of the USA Patriot Act (Title III of
Pub. L. 107 - 56 (signed into law October 26, 2001)) (the "Patriot Act"), hereby
notifies the Guarantor that pursuant to the requirements of the Patriot Act,
each such Lender is required to obtain, verify, and record information that
identifies the Guarantor, which information includes the name and address of the
Guarantor and other information that will allow such Lender to identify the
Guarantor in accordance with the Patriot Act.
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The parties hereto have caused this Agreement to be duly executed as of the
date and year first above written.
NISOURCE INC.,
as the Guarantor
By:
/s/ David J. Vajda
Name:
David J. Vajda
Title:
Vice President and Treasurer
[Signature Page to NiSource Guaranty]
JPMORGAN CHASE BANK, N.A.
as the Administrative Agent
By:
/s/ Nelson Ho
Name:
Nelson Ho
Title:
Vice
President
[Signature Page to NiSource Guaranty]