Common use of Certifications From Banks and Participants; US PATRIOT Act Clause in Contracts

Certifications From Banks and Participants; US PATRIOT Act. Brascan or any assignee of it that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to Brascan the certification, or, if applicable, recertification, certifying that Brascan is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within 10 days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act. Each of the parties has signed this Agreement as of the day and year first above written. CRYSTAL RIVER CAPITAL, INC. By: /s/ Xxxxxxxx X. Xxx Name: Xxxxxxxx X. Xxx Title: President and CEO BRASCAN (US) CORPORATION as Lender and as Administrative Agent By: /s/ G. Xxxx Xxxxx Name: G. Xxxx Xxxxx Title: President

Certifications From Banks and Participants; US PATRIOT Act. Brascan Each Lender or any assignee or participant of it a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to Brascan Agent the certification, or, if applicable, recertification, certifying that Brascan such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within 10 days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act. Each of the parties has signed this Agreement as of the day and year first above written. CRYSTAL RIVER CAPITAL, INC. By: /s/ Xxxxxxxx Dxxxxx X. Xxx Name: Xxxxxxxx Dxxxxx X. Xxx Title: President and CEO BRASCAN (US) CORPORATION Assistant Secretary SIGNATURE BANK, as Lender and as Administrative Agent By: /s/ G. Xxxx Xxxxx Txxxxx Xxxxxxx Name: G. Xxxx Xxxxx Txxxxx Xxxxxxx Title: PresidentGroup Director & Senior Vice President Commitment Percentage: 100%

Certifications From Banks and Participants; US PATRIOT Act. Brascan Each Lender or any assignee or participant of it a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to Brascan the Agent the certification, or, if applicable, recertification, certifying that Brascan such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within 10 days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act. Each of the parties has signed this Agreement as of the day and year first above written. CRYSTAL RIVER CAPITALOSTEOTECH, INC. By: /s/ Xxxxxxxx Xxxx X. Xxx Xxxxxxxxx Name: Xxxxxxxx Xxxx X. Xxx Xxxxxxxxx Title: Executive Vice President and CEO BRASCAN (US) CORPORATION PNC BANK, NATIONAL ASSOCIATION, as Lender and as Administrative Agent By: /s/ G. Xxxx Xxxxx Xxxxxx X. Xxxxxx Name: G. Xxxx Xxxxx Xxxxxx X. Xxxxxx Title: PresidentSenior Vice President 0000 Xxxxxx Xxxxxx Xxxxxxxxxxxx, XX 00000 Commitment Percentage: 100%

Certifications From Banks and Participants; US PATRIOT Act. Brascan Each Lender or any assignee or participant of it a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to Brascan the Agent the certification, or, if applicable, recertification, certifying that Brascan such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within 10 days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act. Each of the parties has signed this Agreement as of the day and year first above written. CRYSTAL RIVER CAPITALRESEARCH PHARMACEUTICALS, INC. By: By /s/ Xxxxxxxx X. Xxx Sxxxxx Xxxx Name: Xxxxxxxx X. Xxx Sxxxxx Xxxx Title: President and CEO BRASCAN (US) CORPORATION CFO PNC BANK, NATIONAL ASSOCIATION, as Lender and as Administrative Agent By: /s/ G. Xxxx Xxxxx Cxxxx X. Xxxxxx Name: G. Xxxx Xxxxx Cxxxx X. Xxxxxx Title: PresidentV/P Commitment Percentage: 100%

Certifications From Banks and Participants; US PATRIOT Act. Brascan Each Lender or any assignee or participant of it a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to Brascan the Agent the certification, or, if applicable, recertification, certifying that Brascan such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within 10 days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act. Each of the parties has signed this Agreement as of the day and year first above written. CRYSTAL RIVER CAPITAL, INC. XXXXXXXXXX TECHNOLOGY INCORPORATED By: /s/ Xxxxxxxx Xxxxx X. Xxx Xxxxxxx Name: Xxxxxxxx Xxxxx X. Xxx Xxxxxxx Title: President and CEO BRASCAN (US) CORPORATION Chief Financial Officer PNC BANK, NATIONAL ASSOCIATION, as Lender and as Administrative Agent By: /s/ G. Xxxx Xxxxx Xxxxxx Name: G. Xxxx Xxxxx Xxxxxx Title: Vice President