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Agency Agreement > Re:
Intercreditor and Collateral Agency Agreement, dated as of September 10, 2008 among Bank of America, N.A., as Collateral Agent, Bank of America, N.A., as Administrative Agent on behalf of the Lenders, the Noteholders party thereto and the Term Loan Lender party thereto (the "Intercreditor Agre
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Bank of
America, N.A., as Collateral Agent
Mail Code: TX1-492-14-11
901 Main Street
Dallas, Texas 75202
Attention: Ronaldo Naval
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Re:
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Intercreditor and Collateral Agency
Agreement, dated as of September 10, 2008 among Bank of
America, N.A., as Collateral Agent, Bank of America, N.A., as
Administrative Agent on behalf of the Lenders, the Noteholders
party thereto and the Term Loan Lender party thereto (the
“Intercreditor Agreement”; capitalized terms used in
this letter and not defined herein shall have the meaning given to
them in the Intercreditor Agreement)
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This letter is
given to you pursuant to Section 5.7 of the Intercreditor
Agreement and evidences the consent of the undersigned Creditors
for the Collateral Agent to release the Collateral Agent’s
security interest in all assets of certain Subsidiaries of the
Borrower and any equity interests owned by the Borrower or other
Debtors in such Subsidiaries in connection with the sale of such
assets and equity interests upon the sale of such assets as
previously disclosed to the Creditors in the Company’s Second
Quarter 2009 Update to the Lenders and Noteholders dated June 15,
2009 and June 19, 2009, respectively, and in connection with
proposed amendments to the Bank Credit Agreement, the Note
Agreements and the Term Loan Agreement to be dated on or about the
date of this letter.
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Sincerely
yours,
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BANK OF
AMERICA, N.A., as Administrative Agent
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Bartenstein,
Irene Bertozzi
[irene.bertozzi.bartenstein@bankofamerica.com]
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By:
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/s/ Irene
Bertozzi Bartenstein
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Name: Irene
Bertozzi Bartenstein
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Title:
SVP
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BANK OF
AMERICA, N.A.
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By:
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/s/ Irene
Bertozzi Bartenstein
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Name: Irene
Bertozzi Bartenstein
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Title:
SVP
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