AGREEMENT WILL AFFECT THE RIGHT OF ANY PARTY HERETO TO SERVE PROCESS IN ANY
OTHER MANNER PERMITTED BY APPLICABLE LAW.
10.15 Waiver of Jury Trial. EACH PARTY HERETO HEREBY IRREVOCABLY 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 ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED
HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH
PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY
OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON
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 AGREEMENT AND THE OTHER LOAN DOCUMENTS BY, AMONG OTHER THINGS, THE
MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
10.16 USA PATRIOT Act Notice. Each Lender that is subject to the Act (as
hereinafter defined) and the Administrative Agent (for itself and not on behalf
of any Lender)
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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 the Borrower, which information includes the name and address of the
Borrower and other information that will allow such Lender or the Administrative
Agent, as applicable, to identify the Borrower in accordance with the Act.
10.17 ENTIRE AGREEMENT. THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS REPRESENT
THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF
PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE
NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed as of the date first above written.
CHAPARRAL STEEL COMPANY
By:
/s/
CARY D. BAETZ
Cary D. Baetz
Vice President and Treasurer
S-1
BANK OF AMERICA, N.A., as Administrative
Agent
By:
/s/
DAVID A. JOHANSON
David A. Johanson
Vice President
S-2
BANK OF AMERICA, N.A., as a Lender, L/C
Issuer and Swing Line Lender
By:
/s/
DAVID MCCAULEY
David McCauley
Vice President
S-3
UBS SECURITIES LLC, as Syndication Agent
By:
/s/
JOHN C. CROCKETT
John C. Crockett
Director
By:
/s/
WARREN JERVEY
Director and Counsel
Region Americas Legal
S-4
UBS LOAN FINANCE, as a Lender
By:
/s/
WILFRED V. SAINT
Wilfred V. Saint
Director
Banking Products Services, US
By:
/s/
RICHARD L. TAVROW
Richard L. Tavrow
Director
Banking Products Services, US
S-5
GENERAL ELECTRIC CAPITAL
CORPORATION, as Co-Documentation Agent and
as a Lender
By:
/s/
TIMOTHY CANOR
Timothy Canor
Duly Authorized Signatory
S-6
WELLS FARGO BANK, NATIONAL
ASSOCIATION, as Co-Documentation Agent and
as a Lender
By:
/s/
DAVID C. OLDANI
David C. Oldani
Vice President
S-7