IDENTIFIED BY ITS SOURCE AS CONFIDENTIAL, OTHER THAN ANY CONFIDENTIAL
INFORMATION WHICH: (A) IS OR BECOMES GENERALLY AVAILABLE TO THE PUBLIC OTHER
THAN AS A RESULT OF A BREACH OF THIS SECTION 10.13; (B) BECOMES AVAILABLE TO A
CREDIT PARTY ON A NON-CONFIDENTIAL BASIS FROM A SOURCE OTHER THAN THE A
BORROWER, OR ONE OF ITS AGENTS, WHICH SOURCE IS NOT KNOWN BY SUCH CREDIT PARTY
TO BE BOUND BY A CONFIDENTIALITY AGREEMENT WITH THE COMPANY OR SUCH BORROWER;
(C) WAS KNOWN TO A CREDIT PARTY ON A NON-CONFIDENTIAL BASIS PRIOR TO ITS
DISCLOSURE TO SUCH CREDIT PARTY BY THE A BORROWER, ONE OF ITS AGENTS OR ANOTHER
CREDIT PARTY, (D) THE COMPANY HAS ADVISED THE CREDIT PARTY IS NO LONGER
CONFIDENTIAL OR (E) TO THE EXTENT THE COMPANY SHALL HAVE CONSENTED TO SUCH
DISCLOSURE IN WRITING.
SECTION 10.14
USA PATRIOT ACT NOTICE. EACH LENDER THAT
IS SUBJECT TO THE PATRIOT ACT (AS HEREINAFTER DEFINED) AND THE ADMINISTRATIVE
AGENT (FOR ITSELF AND NOT ON BEHALF OF ANY LENDER) 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 "USA PATRIOT ACT"), IT IS
REQUIRED TO OBTAIN, VERIFY AND RECORD INFORMATION THAT IDENTIFIES EACH BORROWER,
WHICH INFORMATION INCLUDES THE NAME AND ADDRESS OF EACH BORROWER AND OTHER
INFORMATION THAT WILL ALLOW SUCH LENDER OR THE ADMINISTRATIVE AGENT, AS
APPLICABLE, TO IDENTIFY EACH BORROWER IN ACCORDANCE WITH THE PATRIOT ACT.
[Remainder of Page Intentionally Left Blank]
52
IN WITNESS WHEREOF, the parties hereto have caused this Credit Agreement to be
duly executed by their respective authorized officers as of the day and year
first above written.
THE ALLSTATE CORPORATION
By: /s/ Steven C.
Verney
Name:
Steven C. Verney
Title:
Treasurer
ALLSTATE INSURANCE COMPANY
By: /s/ Steven C.
Verney
Name:
Steven C. Verney
Title:
Treasurer
ALLSTATE LIFE INSURANCE COMPANY
By: /s/ Steven C.
Verney
Name:
Steven C. Verney
Title:
Treasurer
JPMORGAN CHASE BANK, N.A., individually and
as Administrative Agent
By: /s/ Lawrence Palumbo,
Jr.
Name:
Lawrence Palumbo, Jr.
Title:
Vice President
WACHOVIA BANK, NATIONAL ASSOCIATION, individually and as Syndication Agent
By: /s/ Joan
Anderson
Name:
Joan Anderson
Title:
Director
BANK OF AMERICA, N.A., individually and as a Documentation Agent
By: /s/ Kipling
Davis
Name:
Kipling Davis
Title:
Senior Vice President
CITIBANK, N.A., individually and as a Documentation Agent
By: /s/ Peter C.
Bickford
Name:
Peter C. Bickford
Title:
Vice President
LEHMAN BROTHERS BANK, FSB, individually and as a Co-Agent
By: /s/ Janine M.
Shugan
Name:
Janine M. Shugan
Title:
Authorized Signatory
MERRILL LYNCH BANK USA, individually and as a Co-Agent
By: /s/ Louis
Adler
Name:
Louis Adler
Title:
Director
MORGAN STANLEY BANK, individually and as a
Co-Agent
By: /s/ Daniel
Twenge
Name:
Daniel Twenge
Title:
Authorized Signatory
WILLIAM STREET COMMITMENT CORPORATION, (Recourse only to assets of William
Street Commitment Corporation), individually and as a Co-Agent
By: /s/ Mark
Walton
Name:
Mark Walton
Title:
Assistant Vice President