CASE OF THE LENDERS, OR TO SUCH
OTHER ADDRESS AS MAY BE HEREAFTER NOTIFIED BY THE RESPECTIVE PARTIES HERETO:
Borrower:
11720 Borman Drive
St. Louis, Missouri 63146
Attention: John Gilsinn
Tel. No: (314) 292-2314
Telecopy: (314) 292-4314
with a copy to:
Bunge Limited
50 Main Street
White Plains, New York 10606
Attention:
Hunter Smith
Telecopy:
(914) 684-3283
Telephone:
(914) 684-3440
Administrative Agent:
270 Park Avenue, 4th Floor
New York, NY 10017
Arredondo
Tel. No: (713) 750-2131
Telecopy: (713) 750-2358
and, with respect to borrowing requests for Eurocurrency Loans denominated in
the Optional Currency,
Administrative Agent (London Office):
J.P. Morgan Europe Limited
125 London Wall
London EC2Y 5AJ
Attention: Belinda Lucas
Tel. No.
+44 207 777 0976
Telecopy: + 44 207 777 2360
51
with a copy to:
JPMorgan Chase Bank, N.A.
270 Park Avenue, 4th Floor
New York, NY 10017
Attention:
Maria Arredondo
Tel. No:
(713) 750-2131
Telecopy:
(713) 750-2358
provided that any notice, request or demand to or upon the Administrative Agent
or the Lenders shall not be effective until received.
8.3
NO WAIVER; CUMULATIVE REMEDIES.
NO FAILURE
TO EXERCISE AND NO DELAY IN EXERCISING, ON THE PART OF THE ADMINISTRATIVE AGENT
OR ANY LENDER, ANY RIGHT, REMEDY, POWER OR PRIVILEGE HEREUNDER OR UNDER THE
OTHER LOAN DOCUMENTS SHALL OPERATE AS A WAIVER THEREOF; NOR SHALL ANY SINGLE OR
PARTIAL EXERCISE OF ANY RIGHT, REMEDY, POWER OR PRIVILEGE HEREUNDER PRECLUDE ANY
OTHER OR FURTHER EXERCISE THEREOF OR THE EXERCISE OF ANY OTHER RIGHT, REMEDY,
POWER OR PRIVILEGE.
THE RIGHTS, REMEDIES, POWERS AND PRIVILEGES HEREIN PROVIDED
ARE CUMULATIVE AND NOT EXCLUSIVE OF ANY RIGHTS, REMEDIES, POWERS AND PRIVILEGES
PROVIDED BY LAW.
8.4
SURVIVAL OF REPRESENTATIONS AND WARRANTIES.
ALL REPRESENTATIONS AND WARRANTIES MADE HEREUNDER, IN THE OTHER LOAN DOCUMENTS
AND IN ANY DOCUMENT, CERTIFICATE OR STATEMENT DELIVERED PURSUANT HERETO OR IN
CONNECTION HEREWITH SHALL SURVIVE THE EXECUTION AND DELIVERY OF THIS AGREEMENT
AND THE MAKING OF THE LOANS HEREUNDER.
8.5
PAYMENT OF EXPENSES AND TAXES.
THE BORROWER
AGREES (A) TO PAY OR REIMBURSE THE ADMINISTRATIVE AGENT FOR ALL ITS REASONABLE
OUT-OF-POCKET COSTS AND EXPENSES INCURRED IN CONNECTION WITH THE DEVELOPMENT,
PREPARATION AND EXECUTION OF, AND ANY AMENDMENT, SUPPLEMENT OR MODIFICATION TO,
THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS AND ANY OTHER DOCUMENTS PREPARED IN
CONNECTION HEREWITH OR THEREWITH, AND THE CONSUMMATION AND ADMINISTRATION OF THE
TRANSACTIONS CONTEMPLATED HEREBY AND THEREBY, INCLUDING THE REASONABLE FEES AND
DISBURSEMENTS OF COUNSEL TO THE ADMINISTRATIVE AGENT AND FILING AND RECORDING
FEES AND EXPENSES, WITH STATEMENTS WITH RESPECT TO THE FOREGOING TO BE SUBMITTED
TO THE BORROWER PRIOR TO THE CLOSING DATE (IN THE CASE OF AMOUNTS TO BE PAID ON
THE CLOSING DATE) AND FROM TIME TO TIME THEREAFTER ON A QUARTERLY BASIS OR SUCH
OTHER PERIODIC BASIS AS THE ADMINISTRATIVE AGENT SHALL DEEM APPROPRIATE, (B) TO
PAY OR REIMBURSE EACH LENDER AND THE ADMINISTRATIVE AGENT FOR ALL ITS COSTS AND
EXPENSES INCURRED IN CONNECTION WITH THE ENFORCEMENT OR PRESERVATION OF ANY
RIGHTS UNDER THIS AGREEMENT, THE OTHER LOAN DOCUMENTS AND ANY SUCH