EX-99.21 26 ny1561245v2csab20062a1cswapc.htm Credit Suisse Management LLC




29 September 2006


Credit Suisse Management LLC

11 Madison Avenue

New York, NY 10010


External ID: 53153029N


______________________________________________________________________________


Dear Sirs,


The purpose of this letter agreement (this "Confirmation") is to confirm the terms and conditions of the Swap Transaction entered into between us on the Trade Date specified below (the "Swap Transaction").  This Confirmation constitutes a "Confirmation" as referred to in the Agreement specified below.


In this Confirmation "CSIN" means Credit Suisse International and "Counterparty" means Credit Suisse Management LLC.


1.

The definitions and provisions contained in the 2000 ISDA Definitions (as published by the International Swaps and Derivatives Association, Inc.) are incorporated into this Confirmation.  In the event of any inconsistency between those definitions and provisions and this Confirmation, this Confirmation will govern.


This Confirmation supplements, forms part of, and is subject to, the 1987 Interest Rate and Currency Exchange Agreement dated as of 16 July 1990 as amended and supplemented from time to time (the "Agreement"), between you and us.  All provisions contained in the Agreement govern this Confirmation except as expressly modified below.  


CSIN and Counterparty each represents to the other that it has entered into this Swap Transaction in reliance upon such tax, accounting, regulatory, legal, and financial advice as it deems necessary and not upon any view expressed by the other.



2.

The terms of the particular Swap Transaction to which this Confirmation relates are as follows:


Transaction Type:

Rate Cap Transaction


Notional Amount:

USD 13,739,834, subject to amortization as set out in the Additional Terms


Trade Date:

22 September 2006


Effective Date:

25 October 2006



Termination Date:

25 April 2009, subject to adjustment in accordance with the Following Business Day Convention.


Fixed Amounts:


Fixed Rate Payer:

Counterparty


Floating Amounts:


Floating Amount

Payer:

CSIN


Floating Rate

Payer Period End Dates:

The 25th of each month, commencing on 25 November 2006, subject to adjustment in accordance with the Following Business Day Convention.


Floating Rate Payer

Payment Dates:

One Business Day prior to each Floating Rate Payer Period End Date


Cap Rate:

See Additional Terms


Initial Calculation Period:

From and including 25 October 2006 up to but excluding the Floating Rate Period End Date scheduled to occur on 25 November 2006


Floating Rate Option:

USD-LIBOR-BBA


Designated Maturity:

1 month


Spread:

None


Floating Rate

Day Count Fraction:

Actual/360


Reset Dates:

The first day of each Calculation Period


Compounding:

Inapplicable





Business Days:

New York


Calculation Agent:

CSIN


3.

Account Details:


Payments to CSIN:

As advised separately in writing


Payments to Counterparty:

As advised separately in writing




For the purpose of facilitating this Transaction, an Affiliate of CSIN, which is organized in the United States of America (the “Agent”), has acted as agent for CSIN.  The Agent is not a principal with respect to this Transaction and shall have no responsibility or liability to the parties as a principal with respect to this Transaction.


Credit Suisse International is authorized and regulated by the Financial Services Authority and has entered into this transaction as principal.  The time at which the above transaction was executed will be notified to Counterparty on request.







ADDITIONAL TERMS



Calculation Period up to but excluding the Period End Date scheduled to occur on:




Notional Amount (USD):




Cap Rate:

25-November-2006

13,739,834

6.813%

25-December-2006

13,323,831

7.045%

25-January-2007

12,881,421

6.813%

25-February-2007

12,413,811

6.814%

25-March-2007

11,921,733

7.559%

25-April-2007

11,405,937

6.814%

25-May-2007

10,869,750

7.046%

25-June-2007

10,316,039

6.814%

25-July-2007

9,769,722

7.046%

25-August-2007

9,232,339

6.814%

25-September-2007

8,704,318

6.814%

25-October-2007

8,185,292

7.046%

25-November-2007

7,674,885

6.814%

25-December-2007

7,173,375

7.046%

25-January-2008

6,680,178

6.814%

25-February-2008

6,195,575

6.814%

25-March-2008

5,719,204

7.294%

25-April-2008

5,250,486

6.814%

25-May-2008

4,790,145

7.046%

25-June-2008

4,337,391

6.814%

25-July-2008

3,892,521

7.046%

25-August-2008

3,454,967

6.814%

25-September-2008

3,025,029

6.815%

25-October-2008

2,607,646

7.046%

25-November-2008

2,206,399

6.815%

25-December-2008

1,812,195

7.046%

25-January-2009

1,424,912

6.815%

25-February-2009

1,044,428

6.815%

25-March-2009

670,627

7.560%

25-April-2009

303,391

6.815%







Please confirm that the foregoing correctly sets forth the terms of our agreement by executing the copy of this Confirmation enclosed for that purpose and returning it to us.




 Yours faithfully,


Credit Suisse International



By:  /s/ Bik Kwan Chung

Name:

Bik Kwan Chung

Title:

Authorized Signatory

 




Confirmed as of the date first written above:


Credit Suisse Management LLC



By:  /s/ Yolanda Perez-Wilson

Name:

Yolanda Perez-Wilson

Title:

Assistant Vice President



Our Reference No: External ID: 53153029N / Risk ID: 447554006