Common use of Issuance of Notes Clause in Contracts

Issuance of Notes. (1) The Issuer shall, not later than 2:00 p.m. (New York time) on the second New York Business Day prior to the Closing Date: (a) confirm to the Registrar by facsimile or any electronic information system agreed between the Registrar and the Issuer all such information as the Registrar may reasonably require to carry out its functions under this Agreement and such details as are necessary to enable it to authenticate and deliver the Global Certificate; and (b) designate by facsimile the account of the Issuer to which payment of the proceeds of the issuance of the Notes should be made. (2) The Issuer shall ensure that the Notes are assigned all applicable securities numbers, including German securities code (WKN), common code, ISIN and CUSIP. (3) On or before 10:00 a.m. (New York time) on the New York Business Day prior to the Closing Date (or any other time agreed between the Registrar and the Issuer having regard to the rules of DTC), the Registrar shall authenticate and deliver the Global Certificate to Deutsche Bank Trust Company Americas, in its capacity as custodian for DTC. The Registrar shall on the Closing Date transfer the proceeds of issue received from the Manager to the Issuer to the account notified in accordance with sub-clause 1(b) above. The Manager shall give instructions to DTC to credit Notes represented by the Global Certificate in accordance with the normal operating procedures of DTC. (4) Where the Registrar acts as Agent for the Issuer in respect of receiving the proceeds of the Notes, if on the Closing Date the Registrar does not receive the full proceeds of issue in respect of any Note, the Registrar shall: (a) continue to hold such Note to the order of the Issuer; (b) notify the Issuer forthwith of the non-receipt of the proceeds of issue in respect of such Note; and, subsequently, (c) notify the Issuer forthwith upon receipt of the full proceeds of issue in respect of such Note. The Registrar shall pay to the Issuer the amount received by the Registrar from the Manager in respect of such Note on the same day (or, if not possible, as soon as practicable thereafter) as the funds are credited to the account designated by the Registrar. (5) The Registrar shall hold in safe custody all unauthenticated Global Certificates delivered to it in accordance with this Clause 4 and shall ensure that each Global Certificate is authenticated and delivered only in accordance with the terms hereof and the Global Certificate. (6) The Registrar is authorized by the Issuer to authenticate the Global Certificate as may be required to be authenticated hereunder by the signature of any person duly authorized for the purpose by the Registrar. (7) For the purposes of this Clause 4 the Registrar is entitled to treat a telephone or facsimile communication from a person purporting to be (and who the Registrar believes in good faith to be) the authorized representative of the Issuer named in the list referred to in, or notified pursuant to, Clause 9(7) as sufficient instructions and authority of the Issuer for the Registrar to act in accordance with this Clause 4, provided that the Registrar takes all reasonable precautions necessary to verify the accuracy of such telephone or facsimile communication before carrying out any of its tasks envisaged hereunder. Any telephone communication shall be followed as soon as practicable by a facsimile confirmation of such communication.

Issuance of Notes. (1a) The Issuer shall, not later than 2:00 p.m. in each case in accordance with the provisions of this Agreement and the other Notes Documents: (New York timei) on the second New York Business Day prior Initial Notes Tranche Closing Date, issue the Notes pertaining to the Initial Notes Tranche; (ii) on the Second Notes Tranche Closing Date:, issue the Notes pertaining to the Second Notes Tranche; (aiii) confirm on the Third Notes Tranche Closing Date, issue the Notes pertaining to the Registrar by facsimile or Third Notes Tranche; (iv) on the Fourth Notes Tranche Closing Date, issue the Notes pertaining to the Fourth Notes Tranche; (v) on the Fifth Notes Tranche Closing Date, issue the Notes pertaining to the Fifth Notes Tranche; (vi) on any electronic information system agreed between applicable Additional Notes Tranche Closing Date, issue the Registrar and Notes pertaining to the Issuer all such information as the Registrar may reasonably require to carry out its functions under this Agreement and such details as are necessary to enable it to authenticate and deliver the Global Certificate; andapplicable Additional Notes Tranche, with each Note having a denomination of US$ 100,000. (b) designate by facsimile the account No later than one Business Day prior to, but with effect as of the Issuer relevant Closing Date, the Notes pertaining to which payment the relevant Tranche and all rights in connection therewith shall be issued in uncertificated form in accordance with article 973c of the proceeds of CO as uncertificated securities (Wertrechte) and the issuance of shall be evidenced by delivery to the Notes should be made. Investor (2) The Issuer shall ensure that the Notes are assigned all applicable securities numbers, including German securities code (WKN), common code, ISIN and CUSIP. (3) On or before 10:00 a.m. (New York timeto its order) on the New York Business Day prior to the relevant Closing Date (or any other time agreed between the Registrar and the Issuer having regard to the rules of DTC)a copy, the Registrar shall authenticate and deliver the Global Certificate to Deutsche Bank Trust Company Americas, in its capacity as custodian for DTC. The Registrar shall on the Closing Date transfer the proceeds of issue received from the Manager to the Issuer to the account notified in accordance with sub-clause 1(b) above. The Manager shall give instructions to DTC to credit Notes represented certified by the Global Certificate in accordance with the normal operating procedures of DTC. (4) Where the Registrar acts as Agent for the Issuer in respect of receiving the proceeds of the Notes, if on the Closing Date the Registrar does not receive the full proceeds of issue in respect of any Note, the Registrar shall: (a) continue to hold such Note to the order a duly authorised signatory of the Issuer; (b) notify the Issuer forthwith , of the non-receipt Issuer's register of uncertificated securities (Wertrechtebuch) (the "Register of Uncertificated Securities") with the entry of the proceeds Investor's name thereon as the first holder of issue in respect of such Note; and, subsequently, (c) notify all the Issuer forthwith upon receipt Notes pertaining to the relevant Tranche and a specification of the full proceeds Relevant Issue Date and the applicable Maturity Date of issue in respect of such Note. The Registrar shall pay the relevant Notes pertaining to the Issuer the amount received by the Registrar from the Manager relevant Tranche, such Register of Uncertificated Securities to be in respect of such Note on the same day (or, if not possible, as soon as practicable thereafter) as the funds are credited a form and substance satisfactory to the account designated by the RegistrarInvestor. (5) The Registrar shall hold in safe custody all unauthenticated Global Certificates delivered to it in accordance with this Clause 4 and shall ensure that each Global Certificate is authenticated and delivered only in accordance with the terms hereof and the Global Certificate. (6) The Registrar is authorized by the Issuer to authenticate the Global Certificate as may be required to be authenticated hereunder by the signature of any person duly authorized for the purpose by the Registrar. (7) For the purposes of this Clause 4 the Registrar is entitled to treat a telephone or facsimile communication from a person purporting to be (and who the Registrar believes in good faith to be) the authorized representative of the Issuer named in the list referred to in, or notified pursuant to, Clause 9(7) as sufficient instructions and authority of the Issuer for the Registrar to act in accordance with this Clause 4, provided that the Registrar takes all reasonable precautions necessary to verify the accuracy of such telephone or facsimile communication before carrying out any of its tasks envisaged hereunder. Any telephone communication shall be followed as soon as practicable by a facsimile confirmation of such communication.

Issuance of Notes. (1) The Issuer shall, not later than 2:00 p.m. (New York time) on the second New York Business Day prior to the Closing Date: (a) confirm to Not later than the Registrar by facsimile or any electronic information system agreed between time specified in the Registrar and Procedures Memorandum, if applicable, the Issuer shall in respect of each Tranche of each Series of Notes to be issued under this Indenture notify the Trustee by telefax as to all such information as the Registrar Trustee may reasonably require for it to carry out its functions under as contemplated by this Agreement Section and such the Procedures Memorandum, and in particular the details required for it to complete the relevant Temporary Global Note and/or Permanent Global Note or, as the case may be, Regulation S Global Note and/or Restricted Global Note or SEC Registered Global Note and the settlement details as required by the Procedures Memorandum or in the relevant Pricing Supplement. The Issuer shall not agree on any Issue Date unless it is a Business Day on which, Euroclear, Cedel and/or DTC, as applicable, are necessary to enable it to authenticate and deliver the Global Certificate; andoperating. (b) designate Each Tranche of a Bearer Series will initially be represented by facsimile a Temporary Global Note substantially in the account form of Exhibit B to this Indenture (duly completed), exchangeable in whole or in part for interests in a Permanent Global Note substantially in the Issuer form set out in Exhibit C to which payment this Indenture (duly completed). Notwithstanding the foregoing, Bearer Notes with a maturity of the proceeds of the issuance of the Notes should not more than 365 days may initially be maderepresented by one or more Permanent Global Notes. (2c) The Issuer shall ensure that Each Tranche of a Registered Series will have issued in respect of it (i) in the case of Notes are assigned all applicable securities numberssold in an "offshore transaction" within the meaning of Regulation S under the Securities Act, including German securities code a Regulation S Global Note (WKNwhich shall, upon termination of the Restricted Period, be referred to herein as an "Unrestricted Global Note"), common code(ii) in the case of Notes resold to "qualified institutional buyers" within the meaning of Rule 144A under the Securities Act of 1933, ISIN as amended (the "Securities Act"), a Restricted Global Note, and/or (iii) in the case of Notes registered under the Securities Act, a SEC Global Registered Note. Each Regulation S Global Note, Unrestricted Global Note, Restricted Global Note and CUSIPSEC Registered Global Note shall be in substantially the form (duly completed) set out in Exhibit D to this Indenture. (3d) On or before 10:00 a.m. (New York time) on In respect of a Tranche of a Bearer Series, upon receipt by the New York Business Day prior to Trustee of the Closing Date (or any other time agreed between the Registrar and information from the Issuer having regard referred to in Section 4(a) enabling it to do so, and of the rules of DTCconfirmation from the relevant Dealer(s), the Registrar Trustee shall (i) complete (A) a Temporary Global Note in an aggregate principal amount equal to the aggregate principal amount of the relevant Tranche and (B) a related Permanent Global Note, (ii) authenticate each such Note by manual signature (or arrange for each such Note to be authenticated on its behalf by manual signature), and (iii) cause each such Note to be delivered to the Common Depositary not later than the time specified in the Procedures Memorandum, if applicable. In addition, the Trustee shall comply with all applicable provisions of the Procedures Memorandum, if applicable. In respect of a Tranche of a Registered Series, upon receipt by the Trustee of the information from the Issuer referred to in Section 4(a) enabling it to do so, and of the confirmation from the relevant Dealer(s), the Trustee (or its agent on its behalf) shall complete a Regulation S Global Note representing Notes sold in an "offshore transaction" within the meaning of Regulation S under the Securities Act, and/or a Restricted Global Note representing Notes resold pursuant to, and in reliance on, Rule 144A under the Securities Act, which, in each case, shall bear the appropriate Legend (required by Section 7(g)), and/or a SEC Registered Global Note representing Notes registered under the Securities Act, together in aggregate principal amount equal to the aggregate principal amount of the applicable Tranche. The Trustee (or its agent on its behalf) shall, after checking that the Regulation S Global Note, the Restricted Global Note and/or the SEC Registered Global Note, as applicable, correctly reflects the relevant details contained in the Register, authenticate it or them and deliver it or them to the Global Certificate to Deutsche Bank Trust Company Americas, in its capacity Trustee as custodian for DTC. The Registrar In addition, the Trustee shall on comply with all provisions of the Closing Date transfer the proceeds of issue received from the Manager to the Issuer to the account notified in accordance with sub-clause 1(b) above. The Manager shall give instructions to DTC to credit Notes represented by the Global Certificate in accordance with the normal operating procedures of DTCProcedures Memorandum, if applicable. (4e) Where If, on the Registrar acts as Agent for relevant settlement date of a non-syndicated issue, the Issuer relevant purchaser of a Bearer Note does not pay the subscription price due from it in respect of receiving such Note (the proceeds of the Notes"Defaulted Bearer Note") and, if on the Closing Date the Registrar does not receive the full proceeds of issue in respect of any Noteas a result, the Registrar shall: Defaulted Bearer Note remains in the Trustee's distribution account with Euroclear or Cedel after such Settlement Date (a) rather than being credited to the purchaser's account against payment), then the Trustee shall continue to hold such the Defaulted Bearer Note on behalf of and to the order of the Issuer; (b) notify . If, on the Issuer forthwith relevant settlement date of the a non-receipt syndicated issue, the purchaser of a registered Note does not pay the proceeds of issue in respect of such Note; and, subsequently, (c) notify the Issuer forthwith upon receipt of the full proceeds of issue in respect of such Note. The Registrar shall pay to the Issuer the amount received by the Registrar subscription price due from the Manager it in respect of such Note on (the same day (or"Defaulted Registered Note"), if then the Trustee shall notify the Co-Registrar and the custodian and such Defaulted Registered Note shall not possible, as soon as practicable thereafter) as be entered in the funds are Register and shall not be credited to the purchaser's participation account designated by the Registrarwith DTC. (5f) The Registrar shall hold Pursuant to Argentine Law No. 24,587, effective November 22, ▇▇▇▇, ▇▇▇▇▇▇▇▇▇ companies are no longer allowed to issue securities in safe custody all unauthenticated Global Certificates delivered to it in accordance with this Clause 4 and shall ensure that each Global Certificate is authenticated and delivered only in accordance with bearer form. Accordingly, as long as the terms hereof and the Global Certificate. (6) The Registrar is authorized by provisions of such law are applicable, the Issuer to authenticate will only issue Notes under the Global Certificate as may be required to be authenticated hereunder by the signature of any person duly authorized for the purpose by the RegistrarIndenture in registered form. (7) For the purposes of this Clause 4 the Registrar is entitled to treat a telephone or facsimile communication from a person purporting to be (and who the Registrar believes in good faith to be) the authorized representative of the Issuer named in the list referred to in, or notified pursuant to, Clause 9(7) as sufficient instructions and authority of the Issuer for the Registrar to act in accordance with this Clause 4, provided that the Registrar takes all reasonable precautions necessary to verify the accuracy of such telephone or facsimile communication before carrying out any of its tasks envisaged hereunder. Any telephone communication shall be followed as soon as practicable by a facsimile confirmation of such communication.

Issuance of Notes. (1i) The Issuer shallsale and purchase of the Notes shall occur on March 14, not later than 2:00 p.m. 2023 (New York time) on the second New York Business Day prior to “Closing Date”). On the Closing Date: (a) confirm , the Issuer will deliver to the Registrar by facsimile or any electronic information system agreed between the Registrar Note Agent an Issuer Order, and the Issuer all Note Agent will deliver a Confirmation of Registration to each Holder, against delivery by such information as the Registrar may reasonably require Holder to carry out its functions under this Agreement and such details as are necessary to enable it to authenticate and deliver the Global Certificate; and (b) designate by facsimile the account of the Issuer of a payment letter with respect to which payment of such ▇▇▇▇▇▇’s Existing Loan in the proceeds of form and substance reasonably agreed by the issuance of Issuer and the Notes should be madeRequired Holders. (2ii) The form of the Confirmation of Registration shall be as set forth in Annex A hereto. Each Confirmation of Registration executed and delivered by the Note Agent upon Issuer shall ensure that the Notes are assigned all applicable securities numbers, including German securities code (WKN), common code, ISIN and CUSIP. (3) On or before 10:00 a.m. (New York time) on the New York Business Day prior to the Closing Date (or any other time agreed between the Registrar and the Issuer having regard to the rules of DTC), the Registrar shall authenticate and deliver the Global Certificate to Deutsche Bank Trust Company Americas, in its capacity as custodian for DTC. The Registrar shall Order on the Closing Date transfer the proceeds of issue received from the Manager to the Issuer to the account notified in accordance with sub-clause 1(b) above. The Manager shall give instructions to DTC to credit Notes represented by the Global Certificate in accordance with the normal operating procedures of DTC. (4) Where the Registrar acts be dated as Agent for the Issuer in respect of receiving the proceeds of the Notes, if on Closing Date. All other Notes that are issued after the Closing Date for any other purpose under this Note Purchase Agreement shall be dated the Registrar does not receive the full proceeds date of issue in respect of any Note, the Registrar shall: (a) continue to hold such Note to the order of the Issuer; (b) notify the Issuer forthwith of the non-receipt of the proceeds of issue in respect of such Note; and, subsequently, (c) notify the Issuer forthwith upon receipt of the full proceeds of issue in respect of such Notetheir issuance. The Registrar Notes shall pay to the Issuer the amount received by the Registrar from the Manager be denominated in respect Dollars but without any minimum denomination requirement. Transfers and assignments of such Note on the same day (or, if not possible, as soon as practicable thereafter) as the funds are credited to the account designated by the Registrar. (5) The Registrar Notes shall hold in safe custody all unauthenticated Global Certificates delivered to it be made in accordance with this Clause 4 Section 3 and shall ensure that each Global Certificate is authenticated and delivered only in accordance with be subject to the terms hereof receipt by the Collateral Agent and the Global CertificateNote Agent of such documents as each shall reasonably require; provided that nothing in this sentence shall imply or impose a duty on the part of the Collateral Agent or the Note Agent to require any such documents. (6iii) The Registrar is authorized by One Responsible Officer of the Issuer to authenticate shall sign each Issuer Order substantially in the Global Certificate as may form of Annex B by manual or .pdf signature. If the Responsible Officer whose signature is on an Issuer Order no longer holds that office at the time the Note Agent delivers a Confirmation of Registration, the Note shall be required to be authenticated hereunder by the signature of any person duly authorized for the purpose by the Registrarvalid nevertheless. (7iv) For The signature of the purposes Note Agent on a Confirmation of Registration shall be conclusive evidence that such Note has been duly and validly issued under this Clause 4 Agreement. (v) The Note Agent will, upon receipt of an Issuer Order, issue a Confirmation of Registration of Notes for original issue that may be validly issued under this Agreement. On the Registrar is Closing Date, the Note Agent shall, upon receipt of an Issuer Order, deliver a Confirmation of Registration for Notes in an aggregate principal amount of $16,307,175.50. The aggregate principal amount of the Notes may from time to time be increased or decreased by adjustments made on the records of the Note Agent as provided herein. (vi) All Notes issued upon any registration of transfer, assignment or exchange of Notes shall be the valid obligations of the Issuer, evidencing the same debt (to the extent they evidence debt), and entitled to treat a telephone the same benefits under this Note Purchase Agreement as the Notes deregistered upon such registration of transfer, assignment or facsimile communication from a person purporting exchange. (vii) The Issuer agrees to be (pay to the Note Agent for its own account the fees payable in the amounts and who at the Registrar believes times agreed in good faith to be) the authorized representative of writing between the Issuer named in and the list referred Note Agent. (viii) Each Person who becomes a beneficial owner of Notes will be deemed to inhave represented, or notified pursuant toacknowledged and agreed as follows: “THE NOTES HAVE NOT BEEN REGISTERED UNDER THE U.S. SECURITIES ACT OF 1933, Clause 9(7) as sufficient instructions and authority of the Issuer for the Registrar to act in accordance with this Clause 4AS AMENDED (THE “SECURITIES ACT”), provided that the Registrar takes all reasonable precautions necessary to verify the accuracy of such telephone or facsimile communication before carrying out any of its tasks envisaged hereunder. Any telephone communication shall be followed as soon as practicable by a facsimile confirmation of such communicationOR THE SECURITIES LAWS OF ANY STATE OR OTHER JURISDICTION OF THE UNITED STATES AND MAY NOT BE SOLD OR OTHERWISE DISPOSED OF EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITES ACT AND APPLICABLE STATE SECURITIES LAWS OR PURSUANT TO AN APPLICABLE EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND APPLICABLE STATE SECURITIES LAWS.”

Issuance of Notes. (1) The Issuer shall, not later than 2:00 p.m. (New York time) on the second New York Business Day prior to the Closing Date: (a) confirm Not later than the time specified in the Procedures Memorandum, the Issuer shall in respect of each Tranche of each Series of Notes to be issued under this Agreement notify the Fiscal Agent and the Co-Registrar by facsimile or any electronic information system agreed between the Registrar and the Issuer telecopy as to all such information as the Fiscal Agent and Co-Registrar may reasonably require for it to carry out its functions under as contemplated by this Agreement Section and such the Procedures Memorandum, and in particular the details required for it to complete the relevant Regulation S Global Note and/or Restricted Global Note and the settlement details as are necessary to enable required by the Procedures Memorandum. The Issuer shall not agree on any issue Date unless it to authenticate and deliver the Global Certificate; andis a Business Day on which DTC is operating. (b) designate by facsimile Each Tranche will have issued in respect of it (i) in the account case of Notes sold in an “offshore transaction” within the meaning of Regulation S, a Regulation S Global Note (which may, upon termination of the Issuer Restricted Period, be referred to which payment herein as an “Unrestricted Global Note”), and/or (ii) in the case of Notes resold to “qualified institutional buyers” within the proceeds meaning of Rule 144A, a Restricted Global Note. Each Regulation S Global Note, Unrestricted Global Note and Restricted Global Note shall be in substantially the issuance of the Notes should be madeform (duly completed) set out in Exhibit A to this Fiscal Agency Agreement. (2c) The Issuer Fiscal Agent shall ensure that on behalf of the Issuer, in respect of each Tranche of each series of Notes to be listed on the Luxembourg Stock Exchange and/or any other Stock Exchange notified to the Fiscal Agent in writing by the Issuer, deliver a copy of the Pricing Supplement in relation to the relevant Tranche to the Luxembourg Stock Exchange and/or any such other Stock Exchange where the relevant Notes are assigned all applicable securities numbers, including German securities code (WKN), common code, ISIN and CUSIPadmitted to listing as soon as practicable but in any event not later than the time specified in the Procedures Memorandum. (3d) On or before 10:00 a.m. (New York time) on Upon receipt by the New York Business Day prior to Co-Registrar of the Closing Date (or any other time agreed between the Registrar and information from the Issuer having regard referred to in Section 3(a) enabling it to do so, and of the rules of DTCconfirmation from the relevant Dealer(s), the Co-Registrar (or its agent on its behalf) shall complete a Regulation S Global Note representing Notes sold in an “offshore transaction” within the meaning of Regulation S and/or a Restricted Global Note representing Notes resold pursuant to, and in reliance on, Rule 144A, which, in each case, shall bear the appropriate Legend (required by Section 6(f)), together in aggregate principal amount equal to the aggregate principal amount of the applicable Tranche. The Co-Registrar (or its agent on its behalf) shall, after checking that the Regulation S Global Note or the Restricted Global Note, as applicable, correctly reflects the relevant details contained in the Register, authenticate such Note(s) and deliver the Global Certificate such Note(s) to Deutsche Bank Trust Company Americas, in its capacity as custodian for DTC. The Registrar shall on the Closing Date transfer the proceeds of issue received from the Manager to the Issuer to the account notified in accordance with sub-clause 1(b) above. The Manager shall give instructions to DTC to credit Notes represented by the Global Certificate in accordance with the normal operating procedures of DTC. (4) Where the Registrar acts as Agent for the Issuer in respect of receiving the proceeds of the Notes, if on the Closing Date the Registrar does not receive the full proceeds of issue in respect of any Note, the Registrar shall: (a) continue to hold such Note or to the order of the Issuer;Issuer for delivery to a custodian for DTC. In addition, the Co-Registrar shall comply with all provisions of the Procedures Memorandum. (be) notify If, on the Issuer forthwith relevant settlement date of the a non-receipt syndicated issue, the purchaser of a Note does not pay the proceeds of issue in respect of such Note; and, subsequently, (c) notify the Issuer forthwith upon receipt of the full proceeds of issue in respect of such Note. The Registrar shall pay to the Issuer the amount received by the Registrar subscription price due from the Manager it in respect of such Note on (the same day (or“Defaulted Note”), if then the Fiscal Agent shall notify the Co-Registrar and the custodian and such Defaulted Note shall not possible, as soon as practicable thereafter) as be entered in the funds are Register and shall not be credited to the purchaser’s participation account designated by the Registrarwith DTC. (5) The Registrar shall hold in safe custody all unauthenticated Global Certificates delivered to it in accordance with this Clause 4 and shall ensure that each Global Certificate is authenticated and delivered only in accordance with the terms hereof and the Global Certificate. (6) The Registrar is authorized by the Issuer to authenticate the Global Certificate as may be required to be authenticated hereunder by the signature of any person duly authorized for the purpose by the Registrar. (7) For the purposes of this Clause 4 the Registrar is entitled to treat a telephone or facsimile communication from a person purporting to be (and who the Registrar believes in good faith to be) the authorized representative of the Issuer named in the list referred to in, or notified pursuant to, Clause 9(7) as sufficient instructions and authority of the Issuer for the Registrar to act in accordance with this Clause 4, provided that the Registrar takes all reasonable precautions necessary to verify the accuracy of such telephone or facsimile communication before carrying out any of its tasks envisaged hereunder. Any telephone communication shall be followed as soon as practicable by a facsimile confirmation of such communication.