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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly <br /> executed and delivered by their proper and duly authorized officer as of the date first above <br /> written. <br /> THE BANK OF NEW YORK, as Auction Agent <br /> By: e <br /> Authorized Officer <br /> SMITH BA Y SHEARSON INC., as Broker-Dealer <br /> By. <br /> ir,"'" ...._ <br /> Authorized Representative <br /> LA1-69760.2 14 <br />