Firstar Bank, N. A. Corporate Trust Services 1550 Xxxxx Xxxxx Xxxxxx Xxxxx, Xxxxx 000 Xxxxxxxxx, XX 00000
Firstar Bank, N. A. is hereby appointed by the Banks as Agent under this Agreement, the Notes and the other Transaction Documents. The Agent agrees to act as such upon the express conditions contained in this Agreement.
Firstar Bank, N. A., a national banking association, as property trustee (in such capacity, the "Property Trustee" and, in its personal capacity and not in its capacity as Property Trustee, the "Bank"); (iii) Mark X. Xxxxxxxx, xx Delaware trustee (in such capacity, the "Delaware Trustee"); (iv) John X. Xxxxxxxxxx, Xxan X. XxXxxxx xxx John X. Xxxxxxxxxx, xxch of whose address is c/o Dayton Superior Corporation, 7777 Xxxxxxxxxx Xxxxxxx Xxxxx, Xxxxx 000, Xxxxxx, Xxxx 00000 (xxch, an "Administrative Trustee" and, collectively, the "Administrative Trustees" and, collectively with the Property Trustee and Delaware Trustee, the "Trustees") and (iv) the several Holders as hereinafter defined.
Firstar Bank, N. A., a Lender under the Agreement and a party to the Agency Agreement, for good and valuable consideration the receipt of which is hereby acknowledged, hereby consents to the provisions of this Amendment and the transactions contemplated herein and agrees that its obligations under the Agency Agreement are in full force and effect. FIRSTAR BANK, N.A. By: /s/ Dale Xxxxx ----------------------------------- Name: Dale Xxxxx ------------------------------ Title: Vice President ----------------------------- CONSENT OF AMSOUTH BANK Amsouth Bank, a Lender under the Agreement and a party to the Agency Agreement, for good and valuable consideration the receipt of which is hereby acknowledged, hereby consents to the provisions of this Amendment and the transactions contemplated herein and agrees that its obligations under the Agency Agreement are in full force and effect. AMSOUTH BANK
Firstar Bank, N. A. has succeeded to all rights of Firstar Bank, N.A. Overland Park under the Credit Documents. Accordingly, unless the context clearly requires otherwise, all references in the Credit Agreement and the other Credit Documents to Firstar Bank, N.A. Overland Park (whether in its capacity as Agent, the Issuing Bank or as a Bank) are amended to refer instead to "Firstar Bank, N.A., and its successors and assigns".
Firstar Bank, N. A. By: -------------------------------- As Authenticating Agent By: -------------------------------- Authorized Signer
Firstar Bank, N. A., a Lender under the Financing Agreement and a party to the Agency Agreement, for good and valuable consideration the receipt of which is hereby acknowledged, hereby consents to the provisions of this Amendment and the transactions contemplated herein. FIRSTAR BANK, N.A. By: /s/ Dale X. Xxxxx --------------------------------------- Name: Dale X. Xxxxx -------------------------------- Title: Vice President -------------------------------
Firstar Bank, N. A., a Wisconsin corporation whose registered office is at 0000 Xxxxx XxxxxXxxxxx Xxxxx, Xxxxx 000, Xxxxxxxxx, Xxxxxxxxx 00000 as rights agent in respect of the Rights (hereinafter defined)(the "Rights Agent", which expression shall, wherever the context so admits, include its successors and permitted assigns).
Firstar Bank, N. A. shall serve as the agent (the "Payment Agent") for the purpose of effecting disbursement of the amounts payable to Eligible Shareholders in exchange for their Shares hereunder. At the Effective Time, Buyer shall deposit or cause to be deposited with the Payment Agent for the benefit of the Eligible Shareholders, the funds necessary to make the payments to the Eligible Shareholders contemplated by Section 1.1 (the "Payment Fund"). The Payment Agent shall hold the Payment Fund for the exclusive benefit of the Eligible Shareholders and shall disburse the Per Share Amount to the Eligible Shareholders in accordance with this Article II. The Payment Fund shall not be used for any other purpose.
Firstar Bank, N. A. and the Company entered into a Termination Agreement, dated as of December 21, 2001, terminating the appointment of Firstar Bank, N.A. as rights agent under the Rights Agreement;
