INSTRUCTION TO EXECUTE. Scotiabanc Inc., as the sole Holder on the date hereof, represents to the Property Trustee (as defined in the Trust Agreement) that it is the Required Holder (as defined in the Trust Agreement) with the right to instruct the Property Trustee, pursuant to the Trust Agreement, to execute and deliver this Amendment on behalf of the Lessor and, as such, hereby directs the Property Trustee to so execute and deliver this Amendment on behalf of the Lessor.
INSTRUCTION TO EXECUTE. Scotiabanc Inc., FBTC Leasing Corp., KeyBank National Association and AIB International Finance, comprising all of the Holders on the date hereof, represents to the Owner Trustee (as defined in the Trust Agreement) that they also comprise the Required Holders (as defined in the Trust Agreement) with the right to instruct the Owner Trustee, pursuant to the Trust Agreement, to execute and deliver this Amendment on behalf of the Lessor and, as such, hereby directs the Owner Trustee to so execute and deliver this Amendment on behalf of the Lessor. [The signature page follows.]
INSTRUCTION TO EXECUTE. The Holders represent to the Owner Trustee (as defined in the Trust Agreement) that they constitute the Required Holders (as defined in the Trust Agreement) with the right to instruct the Owner Trustee, pursuant to the Trust Agreement, to execute and deliver this Termination Agreement on behalf of Lessor and, as such, hereby direct the Owner Trustee to so execute and deliver this Termination Agreement, Termination of Lease (Oregon), Termination of Lease (Virginia), Quitclaim Deed (Oregon), Quitclaim Deed (Virginia), and any other documents, instruments or agreements required hereby on behalf of Lessor as the Lessee, Holders, Agent or Lenders may approve, such approval being evidenced by the execution thereof by the Owner Trustee on behalf of the Lessor. It is expressly understood and agreed by the parties to this Agreement that (a) this Agreement and each such document executed on behalf of the Lessor by Wilmington Trust FSB is executed and delivered by Wilmington Trust FSB, not individually or personally but solely as trustee of the Lessor, in the exercise of the powers and authority conferred and vested in it as trustee, (b) each of the representations, undertakings and agreements herein made or in any such other document on the p art of the Lessor is made and intended not as personal representations, undertakings and agreements by Wilmington Trust FSB but are made and intended for the purpose of binding only the Lessor, (c) nothing contained herein or therein shall be construed as creating any liability on Wilmington Trust FSB, individually or personally, to perform any covenant either expressed or implied contained herein or therein, all such liability, if any, being expressly waived by the parties to this Agreement and by any person claiming by, through or under the parties to this Agreement and (d) under no circumstances shall Wilmington Trust FSB be personally liable for the payment of any indebtedness or expenses of the Lessor or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Lessor under this Agreement or any other document.
