SunTrust
3333 Peachtree Road, N.E.
Center Code 3913
Atlanta, Georgia 30326
Member NASD and SIPC
August 7, 2007
Confirmation of Swap Transaction
THIS LETTER AGREEMENT SHOULD BE REVIEWED, EXECUTED BY AN AUTHORIZED PERSON(S), AND RETURNED IMMEDIATELY VIA FAX TO 404-926-5827 OR 404-926-5826 .
(Please direct any questions to Faraz Ansari at 404-926-5819.)
David Fiorenza
Vice President &
Principal Financial Officer at NewMarket Corporation
Foundry Park I, LLC
330 South 4th St.
Richmond, Virginia 23219
Ph#: 804-788-5055
Fax#: 804-788-5435
REF: 120716
Dear Mr. Fiorenza:
The purpose of this Confirmation is to set forth the terms and conditions of the Swap Transaction entered into between SunTrust Bank ("SunTrust") and Foundry Park I, LLC ("Counterparty") on the Trade Date specified below. The definitions and provisions contained in the 2000 Definitions published by the International Swaps and Derivatives Association, Inc. ("ISDA"), as amended and supplemented from time to time (the "Definitions"), are incorporated by reference into this Confirmation. In the event of any inconsistency between the Definitions and this Confirmation, this Confirmation will govern.
This Confirmation evidences a complete and binding agreement as to the terms of the Swap Transaction. SunTrust and the Counterparty agree to use all reasonable efforts promptly to execute and deliver an agreement in the form of the ISDA Master Agreement (Multicurrency-Cross Border) (the "ISDA Form"), with such modifications as the parties will in good faith agree. Upon the execution of the ISDA Master Agreement, as amended and supplemented from time to time (the "Agreement"), this Confirmation will supplement, form a part of, and be subject to the Agreement. All provisions contained in or incorporated by reference in the Agreement upon its execution will govern this Confirmation except as expressly modified below. Until such execution, this Confirmation will supplement, form a part of, and be subject to an agreement in the form of the ISDA Form as if it had been executed in such form (but without any Schedule, except for the election of the laws of the State of New York as the gove rning law) on the Trade Date.
1. The terms of the particular Swap Transaction to which this Confirmation relates are as follows:
Notional Amount: See attached Schedule A
Trade Date: August 7, 2007
Effective Date: August 7, 2007
Termination Date: January 1, 2010, with adjustment in accordance with the Modified Following Business Day Convention
Business Days: New York and London
Calculation Agent: SunTrust
Fixed Amounts
Fixed Rate Payer: Counterparty
Fixed Rate Payer Payment Dates: The 1st day of each month, beginning September 1, 2007, through and including the Termination Date, subject to adjustment in accordance with the Modified Following Business Day Convention
Fixed Rate: 4.975% per annum
Fixed Rate Day Count Fraction: Actual/360
Adjustment to Period End Dates: Applicable
Floating Amounts
Floating Rat ...
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