TO THE BORROWER AND THE OTHER LENDERS FOR EACH AND EVERY
ONE OF THE OBLIGATIONS OF THE DESIGNEE AND THE DESIGNOR WITH RESPECT TO THE
CREDIT AGREEMENT AND ANY SUMS OTHERWISE PAYABLE TO THE BORROWER BY THE DESIGNEE.
8. THIS DESIGNATION AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE
WITH, THE LAWS OF THE STATE OF NEW YORK.
9. THIS DESIGNATION AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY DIFFERENT PARTIES HERETO IN SEPARATE COUNTERPARTS, EACH OF WHICH WHEN SO
EXECUTED SHALL BE DEEMED TO BE AN ORIGINAL AND ALL OF WHICH TAKEN TOGETHER SHALL
CONSTITUTE ONE AND THE SAME AGREEMENT. DELIVERY OF AN EXECUTED COUNTERPART OF A
SIGNATURE PAGE TO THIS DESIGNATION AGREEMENT BY FACSIMILE TRANSMISSION SHALL BE
EFFECTIVE AS DELIVERY OF A MANUALLY EXECUTED COUNTERPART OF THIS DESIGNATION
AGREEMENT.
IN WITNESS WHEREOF, the Designor and the Designee, intending to be legally
bound, have caused this Designation Agreement to be executed by their officers
thereunto duly authorized as of the date first above written.
Effective Date:
, 20
[NAME OF DESIGNOR], as
Designor
By:
Name:
Title:
[NAME OF DESIGNEE], as
Designee
By:
Name:
Title:
Applicable Lending Office (and address for notices):
[ADDRESS]
Accepted this
day
of
, 20
WELLS FARGO BANK, NATIONAL ASSOCIATION,
as Administrative Agent
By:
Name:
Title