HEREOF.
A SET OF THE COPIES OF THIS AGREEMENT SIGNED BY ALL PARTIES SHALL BE
LODGED WITH THE BORROWER AND THE ADMINISTRATIVE AGENT.
126
10.20
EFFECTIVENESS.
THIS AGREEMENT SHALL BECOME EFFECTIVE UPON THE
EXECUTION OF A COUNTERPART HEREOF BY EACH OF THE PARTIES HERETO AND RECEIPT BY
THE BORROWER AND ADMINISTRATIVE AGENT OF WRITTEN OR TELEPHONIC NOTIFICATION OF
SUCH EXECUTION AND AUTHORIZATION OF DELIVERY THEREOF.
10.21
PATRIOT ACT.
EACH LENDER AND ADMINISTRATIVE AGENT (FOR ITSELF AND
NOT ON BEHALF OF ANY LENDER) HEREBY NOTIFIES THE BORROWER THAT PURSUANT TO THE
REQUIREMENTS OF THE 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 OR
THE ADMINISTRATIVE AGENT, AS APPLICABLE, TO IDENTIFY THE BORROWER IN ACCORDANCE
WITH THE PATRIOT ACT.
10.22
ELECTRONIC EXECUTION OF ASSIGNMENTS.
THE WORDS "EXECUTION,"
"SIGNED," "SIGNATURE," AND WORDS OF LIKE IMPORT IN ANY ASSIGNMENT AGREEMENT
SHALL BE DEEMED TO INCLUDE ELECTRONIC SIGNATURES OR THE KEEPING OF RECORDS IN
ELECTRONIC FORM, EACH OF WHICH SHALL BE OF THE SAME LEGAL EFFECT, VALIDITY OR
ENFORCEABILITY AS A MANUALLY EXECUTED SIGNATURE OR THE USE OF A PAPER-BASED
RECORDKEEPING SYSTEM, AS THE CASE MAY BE, TO THE EXTENT AND AS PROVIDED FOR IN
ANY APPLICABLE LAW, INCLUDING THE FEDERAL ELECTRONIC SIGNATURES IN GLOBAL AND
NATIONAL COMMERCE ACT, THE NEW YORK STATE ELECTRONIC SIGNATURES AND RECORDS ACT,
OR ANY OTHER SIMILAR STATE LAWS BASED ON THE UNIFORM ELECTRONIC TRANSACTIONS
ACT.
10.23
REINSTATEMENT.
THIS AGREEMENT SHALL CONTINUE TO BE EFFECTIVE, OR BE
REINSTATED, AS THE CASE MAY BE, IF AT ANY TIME PAYMENT, OR ANY PART THEREOF, OF
ANY OF THE OBLIGATIONS IS RESCINDED OR MUST OTHERWISE BE RESTORED OR RETURNED BY
THE ADMINISTRATIVE AGENT OR ANY OTHER SECURED PARTY UPON THE INSOLVENCY,
BANKRUPTCY, DISSOLUTION, LIQUIDATION OR REORGANIZATION OF THE BORROWER OR ANY
SUBSIDIARY, OR UPON OR AS A RESULT OF THE APPOINTMENT OF A RECEIVER, INTERVENOR
OR CONSERVATOR OF, OR TRUSTEE OR SIMILAR OFFICER FOR, ANY BORROWER OR ANY
SUBSTANTIAL PART OF ITS PROPERTY, OR OTHERWISE, ALL AS THOUGH SUCH PAYMENTS HAD
NOT BEEN MADE.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
127
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed and delivered by their respective officers thereunto duly authorized as
of the date first written above.
SOURCE INTERLINK COMPANIES, INC., as the
Borrower
By:
Name:
Title:
[Each of the Guarantors], as a Guarantor
By:
Name:
Title:
B-1
CITICORP NORTH AMERICA, INC., as
Administrative Agent, Collateral Agent, Swing Line
Lender and Lender
By:
Name:
Title:
CITIBANK, N.A., as an Issuing Bank
By:
Name:
Title:
B-2