affect the right of any party to this Agreement to serve process
in any other manner permitted by law.
Section 11.11
WAIVER OF JURY TRIAL
EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION
DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS CREDIT
AGREEMENT. EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR
ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH
OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING
WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN
INDUCED TO ENTER INTO THIS CREDIT AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL
WAIVERS AND CERTIFICATIONS IN THIS SECTION.
Section 11.12
Headings
Article and Section headings and the Table of Contents used herein are for
convenience of reference only, are not part of this Agreement and shall not
affect the construction of, or be taken into consideration in interpreting, this
Agreement.
[Signature Pages Follow]
-67-
CLECO CORPORATION
CREDIT AGREEMENT
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed and delivered by their proper and duly authorized officers as of the
day and year first above written.
CLECO CORPORATION
By: /s/ Dilek Samil
Name: Dilek Samil
Title: Executive Vice President & CFO
CLECO CORPORATION
CREDIT AGREEMENT
THE BANK OF NEW YORK, Individually
and as Administrative Agent
By: /s/ Cynthia Howells
Name: Cynthia Howells
Title: Vice President
CLECO CORPORATION
CREDIT AGREEMENT
BANK ONE, NA, Individually and as Syndication Agent
By: /s/ Dawn M. Lawer
Name: Dawn M. Lawer
Title: Managing Director
CLECO CORPORATION
CREDIT AGREEMENT
WESTLB AG, NEW YORK BRANCH, Individually and as Documentation Agent
By: /s/ Jeffrey S. Davidson
Name: Jeffrey S. Davidson
Title:
Associate Director
By: /s/ Salvatore Battinelli
Name: Salvatore Battinelli
Title: Managing Director Credit Department
CLECO CORPORATION
CREDIT AGREEMENT
ALLIED IRISH BANKS, P.L.C. Individually and as a Managing Agent
By:
/s/ Aidan Lanigan
Name: Aidan Lanigan
Title: Assistant Vice President
By: /s/ Anthony O'Reilly
Name: Anthony O'Reilly
Title: Vice President
CLECO CORPORATION
CREDIT AGREEMENT
COBANK, ACB Individually and as a Managing Agent
By: /s/ Paul Podany
Name: Paul Podany
Title: Assistant Vice President
CLECO CORPORATION
CREDIT AGREEMENT
COMMERZBANK AG, NEW YORK AND GRAND
CAYMAN BRANCHES Individually and as a Managing Agent
By: /s/ Harry P. Yergey
Name: Harry P. Yergey
Title: Senior Vice President & Manager
By: /s/ Subash R. Viswanathan
Name: Subash R. Viswanathan
Title: Senior Vice President
CLECO CORPORATION
CREDIT AGREEMENT
KEYBANK NATIONAL ASSOCIATION Individually and as a Managing Agent
By: /s/ Sherrie I. Manson
Name: Sherrie I. Manson
Title: Vice President
CLECO CORPORATION
CREDIT AGREEMENT
CREDIT SUISSE FIRST BOSTON, acting through its Cayman Islands Branch
By: /s/ Sarah Wu
Name: Sarah Wu
Title: Vice President
By: /s/ S. William Fox
Name: S. William Fox
Title: Director
CLECO CORPORATION
CREDIT AGREEMENT
GOLDMAN SACHS CREDIT PARTNERS