Common use of Guarantee Legends and Guaranteed Note Certificates Clause in Contracts

Guarantee Legends and Guaranteed Note Certificates. (a) The Lender may submit a Request for Guarantee (in the form and accompanied by the documents specified in Section 5.03(b)) to Ex-Im Bank when the aggregate principal amount of the actual Disbursement or Disbursements evidenced by any other Note or Note Series is less than or equal to the principal amount of such Note or the aggregate principal amount of such Note Series, as the case may be. Each Request for Guarantee shall request that Ex-Im Bank either: (i) endorse a Guarantee Legend; or (ii) if the issuer of such Note or Note Series is located in a Restricted Legend Jurisdiction, unless otherwise agreed to by all parties, issue a Guaranteed Note Certificate; in each case, provided that any Request for Guarantee shall be submitted (x) at least ten (10) Business Days before the Legend Certification Date; and (y) subject to the delivery of the relevant Note at least two (2) Business Days before the Legend Certification Date. In the event that the Lender fails to submit the relevant Note to Ex-Im Bank by the date specified in clause (y) of the preceding sentence, unless otherwise agreed to in writing by Ex-Im Bank, the Request for Guarantee relating to such Note shall be considered to be withdrawn. Upon receipt of a Request for Guarantee, if the requirements set forth in this Agreement are satisfied, Ex-Im Bank will either endorse a Guarantee Legend or issue a Guaranteed Note Certificate for the relevant Credit in the manner described in and pursuant to the terms and conditions of this Agreement. (b) Subject to Section 5.03(c), in the case of a Disbursement or Disbursements pursuant to a Global Note, the Request for Guarantee shall only be submitted after all Disbursements have been previously evidenced by one or more Guarantee Certificates. Any such Request for Guarantee shall be in the form of Annex D, accompanied by all documents specified therein. (c) Except with respect to a Note (including any Serial Note of a Note Series) issued by a Borrower in a Restricted Legend Jurisdiction, on the front or back of the page on which the Borrower’s signature appears on any Note submitted to Ex-Im Bank in accordance with this Section 5.03, the Lender shall type or stamp in the text of Ex-Im Bank’s Guarantee Legend, completed as to the amount covered by the Guarantee, which amount of such Note the Lender has disbursed and with respect to which all requirements of this Agreement have been satisfied. (d) Except as permitted by Section 5.04, in each Transaction, Ex-Im Bank will not be obligated to accept a Request for Guarantee with respect to any Note or Note Series later than the Guarantee Availability Date for the relevant Credit.

Guarantee Legends and Guaranteed Note Certificates. (a) The Lender may submit a Request for Political Risk Guarantee (in the form and accompanied by the documents specified in Section 5.03(b)) to Ex-Im Bank when the aggregate principal amount of the actual Disbursement or Disbursements evidenced by any other Note or Note Series is less than or equal to equals the principal amount of such Note or the aggregate principal amount of such Note Series, as the case may be. Each Request for Political Risk Guarantee shall request that Ex-Im Bank either: (i) endorse a Guarantee Legend; or (ii) if the issuer of such Note or Note Series is located in a Restricted Legend Jurisdiction, unless otherwise agreed to by all parties, issue a Guaranteed Note Certificate; in each case, provided that any Request for Political Risk Guarantee shall be submitted (x) submitted at least ten (10) Business Days before the Legend Certification Date; and (y) subject to the delivery of the relevant Note at least two (2) Business Days before the Legend Certification Date. In the event that the Lender fails to submit the relevant Note to Ex-Im Bank by the date specified in clause (y) of the preceding sentence, unless otherwise agreed to in writing by Ex-Im Bank, the Request for Political Risk Guarantee relating to such Note shall be considered to be withdrawn. Upon receipt of a Request for Political Risk Guarantee, if the requirements set forth in this Agreement are satisfied, Ex-Im Bank will either endorse a Guarantee Legend or issue a Guaranteed Note Certificate for the relevant Credit in the manner described in and pursuant to the terms and conditions of this Agreement. (b) Subject to Section 5.03(c), in the case of a Disbursement or Disbursements pursuant to a Global Note, the Request for Political Risk Guarantee shall only be submitted after all Disbursements have been previously evidenced by one or more Guarantee Certificates. Any such Request for Political Risk Guarantee shall be in the form of Annex D, accompanied by all documents specified therein. (c) Except with respect to a Note (including any Serial Note of a Note Series) issued by a Borrower in a Restricted Legend Jurisdiction, on the front or back of the page on which the Borrower’s signature appears on any Note submitted to Ex-Im Bank in accordance with this Section 5.03, the Lender shall type or stamp in the text of Ex-Im Bank’s Guarantee Legend, completed as to the amount covered by the Political Risk Guarantee, which amount of such Note the Lender has disbursed and with respect to which all requirements of this Agreement have been satisfied. (d) Except as permitted by Section 5.04, 5.04 in each Transaction, Ex-Im Bank will not be obligated to accept a Request for Political Risk Guarantee with respect to any Note or Note Series later than the Guarantee Availability Date for the relevant Credit.

Guarantee Legends and Guaranteed Note Certificates. (a) The Lender Agent, on behalf of the Lenders, may submit a Request for Guarantee (in the form and accompanied by the documents specified in Section 5.03(b)) to Ex-Im Bank when the aggregate principal amount of the actual Disbursement or Disbursements evidenced by any other Note or Note Series is less than or equal to equals the principal amount of such Note or the aggregate principal amount of such Note Series, as the case may be. Each Request for Guarantee shall request that Ex-Im Bank either: (i) endorse a Guarantee Legend; or (ii) if the issuer of such Note or Note Series is located in a Restricted Legend Jurisdiction, unless otherwise agreed to by all parties, issue a Guaranteed Note Certificate; in each case, provided that any Request for Guarantee shall be submitted (x) at least ten (10) Business Days before the Legend Certification Date; and (y) subject to the delivery to Ex-Im Bank of the relevant Note at least two (2) Business Days before the Legend Certification Date. In the event that the Lender Agent fails to submit the relevant Note to Ex-Im Bank by the date specified in clause (y) of the preceding sentence, unless otherwise agreed to in writing by Ex-Im Bank, the Request for Guarantee relating to such Note shall be considered to be withdrawn. Upon receipt of a Request for Guarantee, if the requirements set forth in this Agreement are satisfied, Ex-Im Bank will either endorse a Guarantee Legend or issue a Guaranteed Note Certificate for the relevant Credit in the manner described in and pursuant to the terms and conditions of this Agreement. (b) Subject to Section 5.03(c), in the case of a Disbursement or Disbursements pursuant to a Global Note, the Request for Guarantee shall only be submitted after all Disbursements have been previously evidenced by one or more Guarantee Certificates, and, in the case of the IDC Disbursements, the Agent has delivered one or more Notices of IDC Disbursements to Ex-Im Bank. Any such Request for Guarantee shall be in the form of Annex D, accompanied by all documents specified therein. (c) Except with respect to a Note (including any Serial Note of a Note Series) issued by a Borrower in a Restricted Legend Jurisdiction, on the front or back of the page on which the Borrower’s signature appears on any Note submitted to Ex-Im Bank in accordance with this Section 5.03, the Lender Agent shall type or stamp in the text of Ex-Im Bank’s Guarantee Legend, completed as to the amount covered by the Guarantee, which amount of such Note the Lender Agent has disbursed and with respect to which all requirements of this Agreement have been satisfied. (d) Except as permitted by Section 5.04, in each Transaction, Ex-Im Bank will not be obligated to accept a Request for Guarantee with respect to any Note or Note Series later than the Guarantee Availability Date for the relevant Credit.