(d) the Administrator has received sufficiently satisfactory evidence that all necessary authorizations for transactions under this agreement have been obtained by the government and third parties and are fully in force. Each lender and issuer LC irrevocably designates bank of America, N.A. as an administrative agent and authorizes the administrative officer to take such action on his behalf and to exercise the powers conferred on the administrative officer in accordance with the provisions of that activity, as well as acts and powers that are reasonably incidental. The provisions of this Article VII benefit the administrative officer exclusively and the borrower has no right as a third party beneficiary of any of these provisions. It is understood and agreed that the use of the term “agent” in this document or other credit documents (or any other similar term) by reference to the administrative officer is not intended to design fiduciary or other implied (or explicit) obligations arising from the agency`s doctrine of an applicable statute. Instead, such a term is used as a market term and is intended only to establish or reflect an administrative relationship between the contracting parties. (b) the outstanding debt and the list list listed in Schedule 5.12 as of the date of this agreement, as well as any refinancings, repayments, renewals or renewals of these; (i) the amount of this indebtedness is not increased at the time of refinancing, repayment, extension or extension, unless an amount equal to a premium or other amount paid, the costs and expenses incurred in connection with this refinancing and the amount of existing commitments that are not used in the context of this credit , and (ii) the terms of the principal amount, depreciation and amortization, maturities, security (if any) and subordination (if any) and other essential conditions that are considered essential in the overall refinancing, repayment, extension or extension of debt, as well as by a related agreement and instrument related to the borrower, subsidiaries or lenders, are no less favourable than the terms of an agreement or instrument that pays , renews or extends debt refinancing; “Arrangers” means Merrill Lynch, Pierce, Fenner – Smith Incorporated, J.P.