OR ANY LENDER ON A NONCONFIDENTIAL BASIS FROM A SOURCE
OTHER THAN THE BORROWER.
FOR THE PURPOSES OF THIS SECTION, "INFORMATION" MEANS
ALL INFORMATION RECEIVED FROM THE BORROWER RELATING TO THE BORROWER OR ITS
BUSINESS, OTHER THAN ANY SUCH INFORMATION THAT IS AVAILABLE TO THE
ADMINISTRATIVE AGENT OR ANY LENDER ON A NONCONFIDENTIAL BASIS PRIOR TO
DISCLOSURE BY THE BORROWER; PROVIDED THAT, IN THE CASE OF INFORMATION RECEIVED
FROM THE BORROWER AFTER THE DATE HEREOF, SUCH INFORMATION IS CLEARLY IDENTIFIED
AT THE TIME OF DELIVERY AS CONFIDENTIAL.
ANY PERSON REQUIRED TO MAINTAIN THE
CONFIDENTIALITY OF INFORMATION AS PROVIDED IN THIS SECTION SHALL BE CONSIDERED
TO HAVE COMPLIED WITH ITS OBLIGATION TO DO SO IF SUCH PERSON HAS EXERCISED THE
SAME DEGREE OF CARE TO MAINTAIN THE CONFIDENTIALITY OF SUCH INFORMATION AS SUCH
PERSON WOULD ACCORD TO ITS OWN CONFIDENTIAL INFORMATION.
SECTION 7.09.
USA PATRIOT ACT.
EACH LENDER HEREBY NOTIFIES THE BORROWER THAT
PURSUANT TO THE REQUIREMENTS OF THE USA PATRIOT ACT (TITLE III OF PUB. L. 107-56
(SIGNED INTO LAW OCTOBER 26, 2001)) (THE "ACT"), IT IS REQUIRED TO OBTAIN,
VERIFY AND RECORD INFORMATION THAT IDENTIFIES EACH BORROWER, GUARANTOR OR
GRANTOR (THE "LOAN PARTIES"), WHICH INFORMATION INCLUDES THE NAME AND ADDRESS OF
EACH LOAN PARTY AND OTHER INFORMATION THAT WILL ALLOW SUCH LENDER TO IDENTIFY
SUCH LOAN PARTY IN ACCORDANCE WITH THE ACT.
22
SECTION 7.10.
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 ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING
TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON
CONTRACT, TORT OR ANY OTHER THEORY).
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed by their respective authorized officers as of the day and year first
above written.
GENWORTH FINANCIAL, INC.
By
/s/ Richard P. McKenney
Name: Richard P. McKenney
Title: Senior Vice President - Chief Financial Officer
CITICORP NORTH AMERICA, INC.,
individually and as Administrative Agent,
By
/s/ Peter C. Bickford
Name: Peter C. Bickford
President
Signature page for the 180-Day Bridge Credit Agreement, dated as of April 30,
2004, among Genworth Financial, Inc. and the lenders party thereto.
CITICORP NORTH AMERICA, INC.
[Name of Lender]
By
/s/ Peter C. Bickford
Name: Peter C. Bickford
Title: Vice President
Signature page for the 180-Day Bridge Credit Agreement, dated as of April 30,
2004, among Genworth Financial, Inc. and the lenders party thereto.
DEUTSCHE BANK AG NEW YORK BRANCH
By
/s/ Michael Spiegel
Name: Michael Spiegel
Title: Managing Director
/s/ Belinda Wheeler
Name: Belinda Wheeler
Title: Vice President
Signature page for the 180-Day Bridge Credit Agreement, dated as of April 30,
2004, among Genworth Financial, Inc. and the lenders party thereto.
Lehman Commercial Paper Inc.
/s/ Janine M. Shugan
Name: Janine M. Shugan
Title: Authorized Signatory
Signature page for the 180-Day Bridge Credit Agreement, dated as of April 30,
2004, among Genworth Financial, Inc. and