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Technology Stocks : Leap Wireless International (LWIN)
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To: pcstel who wrote (2354)7/3/2002 9:19:22 PM
From: pcstel  Read Replies (2) of 2737
 
Do we know this to be fact?

Sorry it took some time. I had some other duties to tend to!

Here is some relevent language. But, not the exact language I was refering too.

Any Lender may, without the consent of the Borrower or the Administrative Agent, sell participations to one or more banks or other entities (a "Participant") in all or a portion of such Lender's rights and obligations under this Agreement (including all or a portion of its Commitments and the Loans owing to it); provided that (i) such Lender's obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations
and (iii) the Borrower, the Agents and the other Lenders shall continue to deal solely and directly with such Lender in connection with such Lender's rights and obligations under this Agreement. Any agreement or instrument pursuant to which a Lender sells such a participation shall provide that such Lender shall retain the sole right to enforce the Loan Documents and to approve any amendment, modification or waiver of any provision of the Loan Documents; provided that such agreement or instrument may provide that such Lender will not, without the consent ofthe Participant, agree to any amendment, modification or waiver described in the first proviso to Section 9.02(b) that affects such Participant.

Definition of LENDERS from the agreement:

""Lenders" means the Persons listed on Schedule 2.01 and any other Person that shall have become a party hereto pursuant to an Assignment and Acceptance, other than any such Person that ceases to be a party hereto pursuant to an Assignment and Acceptance."
------------------------------------------------------------------------
SCHEDULE 2.01

COMMITMENTS

Commitment
Lender Amount
------ ----------

Lucent Technologies Inc. $641,000,000</b>

PCSTEL
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