Common use of Collateralization Clause in Contracts

Collateralization. Notwithstanding Section 4.02(d) of the Master Guarantee Agreement, for any Loan Facility made pursuant to its Delegated Authority, Lender shall have the option to separately collateralize the portion of any Loan Facility which is not guaranteed by EXIM Bank (ten percent (10%) of the Guaranteed Amount plus any Loan Facility Obligations not included in the Guaranteed Amount, jointly the “Unguaranteed Portion”) provided, further, that Lender may not separately collateralize the Unguaranteed Portion with cash, cash equivalents or marketable securities from Borrower, any Affiliate of Borrower, any Guarantor or any other third party. A Lender choosing this option shall (i) disclose the specific collateral securing the Unguaranteed Portion in Section 6.G. of the Loan Authorization Notice, (ii) follow the amended Section 5.06 (a) – (e) of the Master Guarantee Agreement stated in Section (2)(d) herein and (iii) execute separate promissory notes or other evidence of debt for 1. the ninety percent portion of the Guaranteed Amount guaranteed by EXIM Bank and 2. the Unguaranteed Portion. Notwithstanding Section 5.04(a) of the Master Guarantee Agreement, if the credit and security documents relating to the Unguaranteed Portion can be completely separated from the Loan Documents governing the ninety percent (90%) portion of the Guaranteed Amount guaranteed by EXIM Bank, such documents do not have to be assigned to EXIM Bank upon Claim Payment.

Collateralization. Notwithstanding Section 4.02(d) of the Master Guarantee Agreement, for any Loan Facility made pursuant to its Delegated Authority, Lender shall have the option to separately collateralize the portion of any Loan Facility which is not guaranteed by EXIM Ex- Im Bank (ten percent (10%) of the Guaranteed Amount plus any Loan Facility Obligations not included in the Guaranteed Amount, jointly the “Unguaranteed Portion”) provided, further, that Lender may not separately collateralize the Unguaranteed Portion with cash, cash equivalents or marketable securities from Borrower, any Affiliate of Borrower, any Guarantor or any other third party. A Lender choosing this option shall (i) disclose the specific collateral securing the Unguaranteed Portion in Section 6.G. of the Loan Authorization Notice, (ii) follow the amended Section 5.06 (a) – (e) of the Master Guarantee Agreement stated in Section (2)(d) herein and (iii) execute separate promissory notes or other evidence of debt for 1. the ninety percent portion of the Guaranteed Amount guaranteed by EXIM Ex-Im Bank and 2. the Unguaranteed Portion. Notwithstanding Section 5.04(a) of the Master Guarantee Agreement, if the credit and security documents relating to the Unguaranteed Portion can be completely separated from the Loan Documents governing the ninety percent (90%) portion of the Guaranteed Amount guaranteed by EXIM Ex-Im Bank, such documents do not have to be assigned to EXIM Ex-Im Bank upon Claim Payment.