of the
operation of this Section 9.13 shall be cumulated and the interest and Charges
payable to such Lender in respect of other Obligations or periods shall be
increased (but not above the Maximum Rate therefor) until such cumulated amount,
together with interest thereon at the Federal Funds Effective Rate to the date
of repayment, shall have been received by such Lender.
SECTION 9.14
EXCULPATION PROVISIONS.
EACH OF THE PARTIES HERETO
SPECIFICALLY AGREES THAT IT HAS A DUTY TO READ THIS AGREEMENT, THE NOTES (AND IN
THE CASE OF THE COMPANY AND THE ADMINISTRATIVE AGENT, THE FEE LETTER) AND THE
OTHER LOAN DOCUMENTS AND AGREES THAT IT IS CHARGED WITH NOTICE AND KNOWLEDGE OF
THE TERMS OF THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS; THAT IT HAS IN FACT
READ THIS AGREEMENT AND IS FULLY INFORMED AND HAS FULL NOTICE AND KNOWLEDGE OF
THE TERMS,
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2011 FEP Term Loan Agreement
CONDITIONS AND EFFECTS OF THIS 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; AND 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 9.15
USA Patriot Act.
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 Company that
pursuant to the requirements of the Patriot Act, it is required to obtain,
verify, and record information that identifies the Company, which information
includes the name and address of the Company and other information that will
allow such Lender to identify the Company in accordance with the Patriot Act.
END OF TEXT
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2011 FEP Term Loan Agreement
The parties hereto have caused this Agreement to be duly executed as of the date
and year first above written.
FAYETTEVILLE EXPRESS PIPELINE LLC,
as the Company
By:
/s/ Michael J. Doss
Michael J. Doss
Chief Financial Officer
2011 FEP Term Loan Agreement
THE ROYAL BANK OF SCOTLAND plc,
as the Administrative Agent and as a Lender
By:
/s/ Brian D. Williams
Name: Brian D. Williams
Title:
Authorised Signatory
2011 FEP Term Loan Agreement
THE BANK OF TOKYO-MITSUBISHI UFJ, LTD. By:
/s/ William S. Rogers
Name:
William S. Rogers Title:
Authorized Signatory
2011 FEP Term Loan Agreement
WELLS FARGO BANK, NATIONAL
ASSOCIATION
By:
/s/ Paul V. Farrell
Name: