============= Page 1 of 2 ============= W,St `J-4190P nod *SzoG3l( FR U-1 OMB No. 7100-01 15 Approval expires July 31, 1998 BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM Statement of Purpose for an Extension of Credit Secured by Margin Stock (Federal Reserve Form U-1) NATIONSBANK OF TEXAS,, N.A. Name of Bank This report is required by low (15 U.S.C. 5 t78g and 78w: 12 CFR 2211. data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate, including suggestions for reducing this burden, to Secretary. Board of Governors of the Federal Reserve System. Public reporting burden for this collection of information is estimated to average 20th and C Streets, N.W., Washington, D.C. 20551; and to the office of 4.2 minutes (0.07 hours) per response, including the time for reviewing Management and Budget. Paperwork Reduction Project (7100-01151, Instructions, searching existing data sources, gathering and maintaining the Washington, D.C. 20503_ - . Instructions 1. This form must be completed when a bank extends credit in excess of $100,000 secured directly or indirectly, in whole or in part, by any margin stock. 2. The term "margin stock" is defined in Regulation U (12 CFR 221) and includes, principally: (1) stocks that are registered on a national securities 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 qualified for trading in the National Market System under a designation plan approved by the Securities and Exchange Commission (NMS security!; and (4) shares of most mutual funds, unless 95 per cent of the assets of the fund are continuously invested in U.S. government, agency, state, or municipal obligations. 3. Please print or type (if space is inadequate, attach separate sheet). Part I To be completed by borrower(s) 1. What is the amount of the credit being extended? $37,500,000.00 RevoLving Loan 2. Will any part of this credit be used to purchase or carry margin stock? Q Yes ® No If the answer is "no," describe the specific purpose of the credit. Business, commercial., investment or simi Lar Ourooses. 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 and belief the information given is true, accurate, and complete, and that the margin stock and any other securities collateralizing this credit are authentic, genuine, unaltered, and not stolen, forged, or counterfeit. Signed: B e" i signature ENNETH L. LAY Print or type name ne - -".we'- signamre Date LINDA LAY Print or type name This form should not be signed if 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'". BOA/FBI/LAY: 29742 LBF002-00076 GOVERNMENT EXHIBIT 168 Crim. No. H-04-25 (S-2) ============= Page 2 of 2 ============= 1R U-1 Page 2 of 2 Part II To be completed by bank only if the purpose of the credit is to purchase or carry margin securities (Part ((2) answered "yes") 1. List the margin stock securing this credit; do not include debt securities convertible into margin stock. The maximum loan value of margin stock is 50 per cent of its current market value under the current Supplement to Regulation U. Date and source No. of Market price of valuation Total market shares issue per share (See note below) value per issue 2. List the debt securities convertible into margin stock securing this credit. The maximum loan value of such debt securities is 50 per cent of the current market value under the current Supplement to Regulation U. Principal Date and source Total market Issue Market price of valuation value.per issue amount (See note below) 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 was obtained from regularly published information in a journal of general circulation or an automated quotation system. Part III To be signed by a bank officer in all instances. I am a duly authorized representative of the bank and understand that this credit secured by margin stock may be subject to the credit restrictions of Regulation 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 information given is true, accurate, and complete. I also certify that if any securities 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 examined the written consent of the registered owner to pledge such securities. 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 knowledge and belief that such securities are genuine and not stolen or forged and their faces have not been altered. Signed: NATIONSBANVOF ,XAS, N.A, Date Title P ' 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 hom a third party. This form must be retained by the lender for three years after the credit is extinguished. BONFBWLAY: 29743 -002-00077