Common use of Affected Bank Clause in Contracts

Affected Bank. See (S)5.12 hereof. ------------- Affiliate. Any Person that would be considered to be an affiliate of the --------- Borrower under Rule 144(a) of the Rules and Regulations of the Securities and Exchange Commission, as in effect on the date hereof, if the Borrower was issuing securities; provided, however, that the term "Affiliate" as it applies to Holdings and its Subsidiaries shall not include JZEP.

Affected Bank. See (S)5.12 S)5.9 hereof. ------------- -------- ---- Affiliate. Any Person that would be considered to be an affiliate of the --------- Borrower under Rule 144(a) of the Rules and Regulations of the Securities and Exchange Commission, as in effect on the date hereof, if the Borrower was issuing securities; provided, however, that the term "Affiliate" as it applies -------- ------- to Holdings and its Subsidiaries shall not include JZEP.