Common use of Certifications From Banks and Participants; US PATRIOT Act Clause in Contracts

Certifications From Banks and Participants; US PATRIOT Act. Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to the Agent the certification, or, if applicable, recertification, certifying that such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within 10 days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act. Each of the parties has signed this Agreement as of the day and year first above written. OSTEOTECH, INC. By: /s/ Xxxx X. Xxxxxxxxx Name: Xxxx X. Xxxxxxxxx Title: Executive Vice President PNC BANK, NATIONAL ASSOCIATION, as Lender and as Agent By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Senior Vice President 0000 Xxxxxx Xxxxxx Xxxxxxxxxxxx, XX 00000 Commitment Percentage: 100%

Certifications From Banks and Participants; US PATRIOT Act. Each Lender Brascan or any assignee or participant of a Lender it that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to the Agent Brascan the certification, or, if applicable, recertification, certifying that such Lender Brascan is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within 10 days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act. Each of the parties has signed this Agreement as of the day and year first above written. OSTEOTECHCRYSTAL RIVER CAPITAL, INC. By: /s/ Xxxx Xxxxxxxx X. Xxxxxxxxx Xxx Name: Xxxx Xxxxxxxx X. Xxxxxxxxx Xxx Title: Executive Vice President PNC BANK, NATIONAL ASSOCIATION, and CEO BRASCAN (US) CORPORATION as Lender and as Administrative Agent By: /s/ Xxxxxx X. Xxxxxx G. Xxxx Xxxxx Name: Xxxxxx X. Xxxxxx G. Xxxx Xxxxx Title: Senior Vice President 0000 Xxxxxx Xxxxxx Xxxxxxxxxxxx, XX 00000 Commitment Percentage: 100%President

Certifications From Banks and Participants; US PATRIOT Act. Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to the Agent the certification, or, if applicable, recertification, certifying that such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within 10 days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act. Each of the parties has signed this Agreement as of the day and year first above written. OSTEOTECH, INC. XXXXXXXXXX TECHNOLOGY INCORPORATED By: /s/ Xxxx Xxxxx X. Xxxxxxxxx Xxxxxxx Name: Xxxx Xxxxx X. Xxxxxxxxx Xxxxxxx Title: Executive Vice President Chief Financial Officer PNC BANK, NATIONAL ASSOCIATION, as Lender and as Agent By: /s/ Xxxxxx X. Xxxxx Xxxxxx Name: Xxxxxx X. Xxxxx Xxxxxx Title: Senior Vice President 0000 Xxxxxx Xxxxxx Xxxxxxxxxxxx, XX 00000 Commitment Percentage: 100%President

Certifications From Banks and Participants; US PATRIOT Act. Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to the Agent the certification, or, if applicable, recertification, certifying that such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within 10 days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act. Each of the parties has signed this Agreement as of the day and year first above written. OSTEOTECHCRYSTAL RIVER CAPITAL, INC. By: /s/ Xxxx Dxxxxx X. Xxxxxxxxx Xxx Name: Xxxx Dxxxxx X. Xxxxxxxxx Xxx Title: Executive Vice President PNC Assistant Secretary SIGNATURE BANK, NATIONAL ASSOCIATION, as Lender and as Agent Administrative By: /s/ Xxxxxx X. Xxxxxx Txxxxx Xxxxxxx Name: Xxxxxx X. Xxxxxx Txxxxx Xxxxxxx Title: Group Director & Senior Vice President 0000 Xxxxxx Xxxxxx Xxxxxxxxxxxx, XX 00000 Commitment Percentage: 100%

Certifications From Banks and Participants; US PATRIOT Act. Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to the Agent the certification, or, if applicable, recertification, certifying that such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within 10 days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act. Each of the parties has signed this Agreement as of the day and year first above written. OSTEOTECHRESEARCH PHARMACEUTICALS, INC. By: By /s/ Sxxxxx Xxxx X. Xxxxxxxxx Name: Sxxxxx Xxxx X. Xxxxxxxxx Title: Executive Vice President CFO PNC BANK, NATIONAL ASSOCIATION, as Lender and as Agent By: /s/ Xxxxxx Cxxxx X. Xxxxxx Name: Xxxxxx Cxxxx X. Xxxxxx Title: Senior Vice President 0000 Xxxxxx Xxxxxx Xxxxxxxxxxxx, XX 00000 V/P Commitment Percentage: 100%