============= Page 1 of 2 ============= Reporting Burden ~K C.t Public reporting burden i,.r th,>.oilcr:i, n „i tiww,i t,,:' -1., response. including the time for re,: ien',:,6' uuuna~:,•„n,. ~w:u snits >:: _ :i_ t:: =„n ere>. _:r.hrnn nr,i us' .\ppnrval expires.lunv.l0. 199 the data needed. and iomolw[ine and rr,-ie, 'he 041--ioni an,r:u.,ts o. fend :aauurnts rrg:r. 'th:s burden estimate, including suggestions for re g ti,i, burdru. i., ~rrr.,art'. Beard ,f I • ,-ern•n•, it tit .,:end - Reserve System. 20th and C Streets. N.R'.IBoenul_ton. D.C. 'U.i31::1:01 to t`e I Iffirc \lanaermcnt and Bud;rt. Paperwork Reduction Project (-100-0I151.Washm_v,n. D.L'. 2d• ::I Board of Governors of the Federal Reserve System Statement of purpose for an Extension of Credit Secured by Margin Stock NATIONSBAi,TK OF TEXAS, N.A. Nam e'a Bank (Federal Reserve Form U-9 ) This form is required by laic (15 U.S.C. §§-.S,- and "8tr: 12 CFR 221). Instructions 1. This form must be completed when a bank extends credit in excess of S100.000 secured directly or indirectly, in whole or in pan. by any mar- gin stock. 2. The term 'margin stock ' is defined in Regulation L'(12 CFR 221) and includes, principally: (1) stocks that are registered on a national secur- ities exchange or that are on the Federal Reserve Board's List of Marginable OTC Stocks; (2) debt securities (bonds) that are convertible into margin stocks: (3) any over-the-counter security designated as qual- ified for trading in the National Market System under a designation plan approved by the Securities and Exchange Commission (NMS se- curity): and (4) shares of mutual funds. unless 95 per cent of the assets of the fund are continuously invested in U.S. government. agency. state. or municipal obligations. Please print or type (if space is inadequate, attach separate sheet). Part 1. To be completed by borrower(s). $30,000,000.00 Revolving Loan 1. What is the amount of the credit being extended". 2. Will any part of this credit be used to purchase or carry margin stock? 0 Yes M No If the answer is 'no," describe the specific purpose ofthe credit. Business, commercial, investment or similar purposes, other than to purchase, refinance or otherwise carry margin stock or other securities. I (we) have read this form and certify that to the best of my (our) knowledge the margin stock and any other securities collateraiizing this credit are and belief the information given is true. accurate. and complete. and that authentic. genuine. unaltered. and not stolen, forged, or counterfeit. Signed: ;- pro wer's Signature D u KENNETH L. LAY Print orType Name sf( fQ~ Borrower s more Date LINDA P. LAY Print or Type Name This form should not be signed in blank. A borrower who falsely certifies the purpose of a credit on this form or otherwise willfully or intentionally evades the provisions of Regulation U will also violate Federal Reserve Regulation X, "Borrowers of Securities Credit." 01-99-139(R-. 6,92) 10-14-0171 (Nc.) BOAIFBI/LAY: 30912 LBF002-00070 GOVERNMENT EXHIBIT 165 Crim. No. H-04-25 (S-2) ============= Page 2 of 2 ============= Part II. To be completed by bank only if the purpose of the credit is to purchase or carry margin stock IPort 1(2) answered "yes"). I. List the margin stock securing this credit: dr include debt securities convertible into margin stuck - maximum loan value of margin stock is per cent of its current market value under the ct Supplement to Regulation U. No. of shares Issue Market price per share Date and source of valuation (See note below) Total market value per issue I 2. List the debt securities convertible into margin stock securing this credit. The maximum loan value of such debt securities is ...... per cent of the current market value under the current Supplement to Regulation U. Principal amount Issue _ Market price Date and source of valuation (See note below) Total market value per issue r 3. List other collateral including nonmargin stock securing this credit. Describe briefly Market price Date and source of valuation (See note below) Good faith loan value Note: Bank need not complete 'Date and source of valuation- if the market value vas obtained from regularly published information in a journal of general circulation. Part III. To be signed by a bank officer in all instances. I am a duly authorized officer of the bank and understand that this credit secured by margin stock may be subject to the credit restrictions of Regu- lation U. I have read this form and any attachments, and I have accepted the customer's statement in part I in good faith as required by Regulation U', and I certify that to the best of my knowledge and belief, all the infor- mation given is true, accurate, and complete. 1'hlso certify that if any se- curities that directly secure the credit are not or will not be registered in the name of the borrower or its nominee, I have or will cause to have Date Vice President examined the written consent of the registered owner to pledge "Such se- curities. I further certify that any securities that have been or will be physically delivered to the bank in connection. with this credit have been or will be examined, that all validation procedures required by bank policy and the Securities Exchange Act of 1934 (section 17(f), as amended) have been or will be performed, and that I am satisfied to the best of my know- ledge and belief that such securities are genuine and not stolen or forged and their faces have not been altered. Signed: NATIONSBANK OF TEXAS, N . A. By:g4'4.4 ( Bank officer's signa James H. Shelton Title or npe name 'To accept the customer's statement in good faith- the officer of the bank must be alert to the circumstances surrounding the credit and, if in possession of any information that would cause a prudent person not to accept the statement without inquiry, must have investigated and be satisfied that the statement is truthful. Among the facts which would require such investigation are receipt of the statement through the mail or from a third party. This form must be retained by the bank for at least three years after the credit is extinguished- BOAIFBI/LAY: 30913 BF002-00071