PAYABLE IN RESPECT OF SUCH LOAN
BUT WERE NOT PAYABLE AS A RESULT OF THE OPERATION OF THIS SECTION SHALL BE
CUMULATED AND THE INTEREST AND CHARGES PAYABLE TO SUCH LENDER IN RESPECT OF
OTHER LOANS OR PERIODS SHALL BE INCREASED (BUT NOT ABOVE THE MAXIMUM RATE
THEREFOR) UNTIL SUCH CUMULATED AMOUNT, TOGETHER WITH INTEREST THEREON AT THE
FEDERAL FUNDS EFFECTIVE RATE TO THE DATE OF REPAYMENT, SHALL HAVE BEEN RECEIVED
BY SUCH LENDER.
SECTION 9.14.
USA PATRIOT ACT.
EACH LENDER HEREBY NOTIFIES HOLDINGS 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 HOLDINGS AND THE
BORROWER, WHICH INFORMATION INCLUDES THE NAME AND ADDRESS OF HOLDINGS AND THE
BORROWER AND OTHER INFORMATION THAT WILL ALLOW SUCH LENDER TO IDENTIFY HOLDINGS
AND THE BORROWER IN ACCORDANCE WITH THE ACT.
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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.
MORGANS HOTEL GROUP CO.,
by
/s/ Marc Gordon
Name:
Marc Gordon
Title:
Chief Investment Officer and Executive Vice President
of Capital Markets
MORGANS HOTEL GROUP
MANAGEMENT LLC,
by
/s/ Marc Gordon
Name:
Marc Gordon
Title:
Authorized Signatory
CITICORP NORTH AMERICA, INC.,
individually and as Administrative Agent,
by
/s/ David Bouton
Name:
David Bouton
Title:
Vice President
MORGAN STANLEY SENIOR
FUNDING, INC., as Joint Lead Bookrunner
and Co-Syndication Agent,
by
/s/ Eugene F. Martin
Name:
Eugene F. Martin
Title:
Vice President
MORGAN STANLEY BANK,
by
/s/ Eugene F. Martin
Name:
Eugene F. Martin
Title:
Vice President
77
MERRILL LYNCH, PIERCE, FENNER &
SMITH INCORPORATED, as
Joint Lead Bookrunner and Co-Syndication
Agent
by
/s/ Stephen Paras
Name:
Stephen Paras
Title:
Managing Director
MERRILL LYNCH CAPITAL
CORPORATION,
by
/s/ Stephen Paras
Name:
Stephen Paras
Title:
Managing Director
BANK OF AMERICA, N.A.,
individually and as Documention Agent
by
/s/ Roger C. Davis
Name:
Roger C. Davis
Title:
Senior Vice President
BANK OF AMERICA, N.A,
by
/s/ Roger C. Davis
Name:
Roger C. Davis
Title:
Senior Vice President
78