§20.
RELATIONSHIP
105
§21.
GOVERNING LAW: CONSENT TO JURISDICTION AND SERVICE
105
§22.
HEADINGS
105
§23.
COUNTERPARTS
105
§24.
ENTIRE AGREEMENT, ETC
106
§25.
WAIVER OF JURY TRIAL AND CERTAIN DAMAGE CLAIMS
106
§26.
DEALINGS WITH THE BORROWER OR THE GUARANTORS
106
§27.
CONSENTS, AMENDMENTS, WAIVERS, ETC
107
§28.
SEVERABILITY
107
§29.
TIME OF THE ESSENCE
108
§30.
NO UNWRITTEN AGREEMENTS
108
§31.
REPLACEMENT OF NOTES
108
§32.
TRUST EXCULPATION
108
§33.
PATRIOT ACT
109
-vi-
EXHIBITS AND SCHEDULES
EXHIBIT A
FORM OF REVOLVING CREDIT NOTE
EXHIBIT B
FORM OF TERM LOAN NOTE
EXHIBIT C
FORM OF SWING LINE NOTE
EXHIBIT D
FORM OF JOINDER AGREEMENT
EXHIBIT E
FORM OF LOAN REQUEST
EXHIBIT F
FORM OF SWING LINE LOAN NOTICE
EXHIBIT G
LETTER OF CREDIT APPLICATION
EXHIBIT H
FORM OF REQUEST FOR EXTENSION OF LOANS
EXHIBIT I
FORM OF COMPLIANCE CERTIFICATE
EXHIBIT J
FORM OF ASSIGNMENT AND ACCEPTANCE AGREEMENT
SCHEDULE 1.1
BANKS AND COMMITMENTS
SCHEDULE 2.9
EXISTING LETTERS OF CREDIT
SCHEDULE 6.5
MARKETED PROPERTIES
SCHEDULE 6.6
TRADEMARKS; TRADENAMES
SCHEDULE 6.7
LITIGATION
SCHEDULE 6.15
AFFILIATE TRANSACTIONS
SCHEDULE 6.18
ENVIRONMENTAL MATTERS
SCHEDULE 6.19
SUBSIDIARIES OF THE BORROWER AND GUARANTOR
SCHEDULE 6.21
MANAGEMENT AGREEMENTS; OPTIONS
SCHEDULE 6.23
EXISTING DEFAULTS
SCHEDULE 6.29
PROPERTY OF GUARANTOR
SCHEDULE 6.31
INITIAL UNENCUMBERED BORROWING BASE PROPERTIES
SCHEDULE 8.9
EXISTING UNDEVELOPED LAND PROJECTS
-vii-