TO SUCH LENDER IN RESPECT OF OTHER LOANS OR PERIODS SHALL BE INCREASED
(BUT NOT ABOVE THE MAXIMUM RATE THEREFOR) UNTIL SUCH CUMULATED AMOUNT, TOGETHER
WITH INTEREST THEREON AT THE BASE RATE TO THE DATE OF REPAYMENT, SHALL HAVE BEEN
RECEIVED BY SUCH LENDER.
SECTION 11.24
TREASURY REGULATIONS.
THE BORROWER ACKNOWLEDGES THAT THE
ADMINISTRATIVE AGENT AND/OR ONE OR MORE OF THE LENDERS MAY TREAT THE LOANS AS
PART OF A TRANSACTION THAT IS SUBJECT TO TREASURY REGULATION SECTION 1.6011-4 OR
SECTION 301.6112-1, AND THE ADMINISTRATIVE AGENT AND SUCH LENDER OR LENDERS, AS
APPLICABLE, MAY FILE SUCH IRS FORMS OR MAINTAIN SUCH LISTS AND OTHER RECORDS AS
THEY MAY DETERMINE IS REQUIRED BY SUCH TREASURY REGULATIONS.
SECTION 11.25
USA PATRIOT ACT.
EACH LENDER SUBJECT TO THE USA PATRIOT
ACT HEREBY NOTIFIES THE BORROWER THAT PURSUANT TO THE REQUIREMENTS OF THE USA
PATRIOT ACT, IT IS REQUIRED TO OBTAIN, VERIFY AND RECORD INFORMATION THAT
IDENTIFIES THE BORROWER, WHICH INFORMATION INCLUDES THE NAME AND ADDRESS OF THE
BORROWER AND OTHER INFORMATION THAT WILL ALLOW SUCH LENDER TO IDENTIFY THE
BORROWER IN ACCORDANCE WITH THE USA PATRIOT ACT.
[Remainder of page intentionally left blank; signature pages follow.]
86
IN WITNESS WHEREOF, each of the parties hereto has caused a counterpart of this
Agreement to be duly executed and delivered as of the date first above written.
THE DAYTON POWER AND LIGHT
COMPANY
By:
Name:
Title:
KEYBANK NATIONAL ASSOCIATION,
as a Lender, LC Issuer and as the
Administrative Agent
By:
Name:
Title:
JPMORGAN CHASE BANK, N.A.
By:
Name:
Title:
FIFTH THIRD BANK
By:
Name:
Title:
Signature Page
to
The Dayton Power and Light Company Credit Agreement
ANNEX I
INFORMATION AS TO LENDERS
Name of Lender
Commitments
Notice Address
KeyBank National Association
Commitment:
$80,000,000
KeyBank National Association 127 Public Square Cleveland, Ohio 44114
Facsimile: (216) 689-5962
Attention: Yvette M. Dyson-Owens
JPMorgan Chase Bank, N.A.
Commitment:
$70,000,000
JPMorgan Chase Bank, N.A. 10 S. Dearborn, Floor 7
Mail Code IL1-0010
Chicago, Illinois 60603
Facsimile: (312) 385-7096
Attention: Joyce King
Fifth Third Bank
Commitment:
$70,000,000
Fifth Third Bank 5050 Kingsley Drive
1 MOC 2B
Cincinnati, Ohio 45263
E-1