20__ MASTER GUARANTEE AGREEMENT - Export-Import Bank of ...

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(i) as to Transactions arising out of Dollar Denominated Supply Contracts, that portionof the Guaranteed Termination Value as at the scheduled due date of the first defaulted installmentof Guaranteed Rent that consists of (x) the Foreign Currency Equivalent of all disbursed andoutstanding Lease Supplement Financed Amount for Lease Deliveries with respect to which Ex-ImBank has issued one or more Lease Delivery Approvals, provided that in no event shall the liabilityof Ex-Im Bank under this clause 4.02(a)(i)(x) with respect to the Lease Agreement and all LeaseSupplements pertaining to the Credit exceed the aggregate of the Foreign Currency Equivalent ofthe Total Financed Amount for such Credit, plus (y) unpaid interest on the amounts described inSection 4.02(a)(i)(x) above, accrued at the Guaranteed Interest Rate to the scheduled paymentdate thereof; and,(ii) as to Transactions arising out of Foreign Currency Denominated Supply Contracts,that portion of the Guaranteed Termination Value as at the scheduled due date of the first defaultedinstallment of Guaranteed Rent that consists of (x) the Foreign Currency Equivalent of all disbursedand outstanding Lease Supplement Financed Amount for Lease Deliveries with respect to whichEx-Im Bank has issued one or more Lease Delivery Approvals, provided that in no event shall theliability of Ex-Im Bank under this clause 4.02(a)(ii)(x) with respect to the Lease Agreement and allLease Supplements pertaining to the Credit exceed the Foreign Currency Denominated TotalFinanced Amount for such Credit, plus (y) unpaid interest on the amounts described in Section4.02(a)(ii)(x) above, accrued at the Guaranteed Interest Rate to the scheduled payment datethereof; and(b) interest on any due and unpaid amounts described in Section 4.02(a) above, accrued at theGuaranteed Interest Rate from the scheduled due date of the first defaulted installment of Guaranteed Rentto the date of payment thereof by Ex-Im Bank.For purposes of calculating the amount of the Credit and the Guaranteed Amount with respect toTransactions arising out of Foreign Currency Denominated Supply Contracts, the amount of the ExposureFee shall be the amount of the Foreign Currency resulting from the calculation set forth in subsections3.02(a) and (b) above, without proceeding to subsection (c).4.03 The Lease Delivery Cap. Notwithstanding the foregoing Section 4.02, as to Transactionsarising out of Dollar Denominated Supply Contracts, in no event shall the Guarantee exceed the LeaseDelivery Cap.4.04 Payment of Guaranteed Amount. Ex-Im Bank’s Claim Payments to the Lessor under theForeign Currency Guarantee shall be made only in the Foreign Currency.4.05 Payment Method. Ex-Im Bank's Claim Payments under any Foreign Currency Guaranteeshall be made as set forth in Section 8 of this Agreement.4.06 Guarantees - Binding Nature, Termination and Payment. Each of the provisions set forth inSections 4.03 to 4.07 of the Master Guarantee Agreement, with respect to the binding nature of Ex-ImEXIM STANDARD FORM MT MGA-FF (9/05) 7
Bank’s Guarantee, certain rights to terminate any such Guarantee and Ex-Im Bank’s payments under a Guarantee, shall apply to any Foreign Currency Guarantee under this Agreement as if set forth in full here. SECTION 5: ISSUANCE OF GUARANTEES5.01 Issuance of Foreign Currency Guarantees. Each of the provisions set forth in Sections 5.01to 5.04 of the Master Guarantee Agreement, with respect to terms and conditions relating to the issuance ofguarantees, shall apply to any Transaction under this Agreement as if set forth in full herein.SECTION 6. CONDITIONS PRECEDENT6.01 Conditions Precedent to the Effectiveness of this Agreement. As conditions precedent tothe effectiveness of this Agreement, Ex-Im Bank shall have received, in form and substance satisfactory toit, evidence of the authority (including specimen signatures) of each Person who, on behalf of the Lessor,signed this Agreement, will sign the Requests for Ex-Im Bank Approval, requests for Guarantees or otherdocuments required by this Agreement, and will otherwise act as the Lessor's representative in theperformance of this Agreement.6.02 Conditions Precedent. The Utilization of each Credit shall be subject:(a) to the requirements of the Ex-Im Bank Approval, including, without limitation, to theexecution of a Lease Agreement;(b) to the satisfaction of each of the conditions precedent, if any, set forth in the Ex-Im BankApproval with respect to such Credit;(c)(d)Transaction.to the satisfaction of each of the conditions precedent set forth in Annex C; andto the satisfaction of each of the conditions set forth in the Lease Agreement for eachSECTION 7. COMMITMENT FEES AND PAYMENT METHOD7.01 Commitment Fees and Payment Method. The provisions set forth in Sections 7.01 to 7.02 ofthe Master Guarantee Agreement, with respect to the payment of Commitment Fees and Payment Methodshall apply to all Transactions under this Agreement as if set forth in full here. Notwithstanding thepreceding sentence: a) as to Transactions arising out of Dollar Denominated Supply Contracts, theCommitment Fee shall be paid on the undisbursed and uncancelled balance, from time to time, of the TotalFinanced Amount; and, b) as to Transactions arising out of Foreign Currency Denominated SupplyContracts, the Commitment Fee shall be paid on the undisbursed and uncancelled balance, from time toEXIM STANDARD FORM MT MGA-FF (9/05) 8
Page 1 and 2: MASTER GUARANTEE AGREEMENT - FINANC
Page 3 and 4: The parties set forth below have ca
Page 5 and 6: 10.09 English Language ............
Page 7 and 8: NOW, THEREFORE, in consideration of
Page 9 and 10: (b) Unless otherwise specified, all
Page 11: 3.02 Exposure Fee and Foreign Curre
Page 15 and 16: SECTION 10. MISCELLANEOUS10.01 Gove

20__ MASTER GUARANTEE AGREEMENT - Export-Import Bank of ...

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