THE ADEQUACY, ACCURACY OR
COMPLETENESS OF THE COMMUNICATIONS OR THE PLATFORM , AND EACH AGENT PARTY
EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN ANY COMMUNICATIONS OR
THE PLATFORM, AND (IV) NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM
VIRUSES OR OTHER CODE DEFECTS, IS MADE BY ANY AGENT PARTY IN CONNECTION WITH ANY
COMMUNICATIONS OR THE PLATFORM.
SECTION 10.16
USA PATRIOT ACT NOTICE.
EACH LENDER THAT IS SUBJECT TO THE
ACT (AS HEREINAFTER DEFINED), THE L/C ISSUER AND THE ADMINISTRATIVE AGENT (FOR
ITSELF AND NOT ON BEHALF OF ANY LENDER) HEREBY NOTIFIES THE OBLIGORS AND 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 OBLIGORS AND THE
BORROWER, WHICH INFORMATION INCLUDES THE NAME AND ADDRESS OF THE OBLIGORS AND
THE BORROWER AND OTHER INFORMATION THAT WILL ALLOW SUCH LENDER OR THE
ADMINISTRATIVE AGENT, AS APPLICABLE, TO IDENTIFY THE OBLIGORS AND THE BORROWER
IN ACCORDANCE WITH THE ACT.
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72
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.
TYCO INTERNATIONAL FINANCE S.A.
By
/s/ Kevin O'Kelly-Lynch
Name:
Kevin O'Kelly-Lynch
Title:
Managing Director
TYCO INTERNATIONAL LTD.
By
/s/ Christopher J. Coughlin
Name:
Christopher J. Coughlin
Title:
Senior Vice President and
Chief Financial Officer
CITIBANK, N.A., as a Lender, L/C Issuer and as Administrative Agent
By
/s/ Diane L. Pockaj
Name:
Diane L. Pockaj
Title:
Managing Director