0000950123-09-004989 Sample Contracts

GENERAL GUARANTEE AGREEMENT
General Guarantee Agreement • March 19th, 2009 • Goldman Sachs Group Inc • Security brokers, dealers & flotation companies • New York

This General Guarantee Agreement, dated December 1, 2008 (this “Guarantee”), is made by The Goldman Sachs Group, Inc. (the “Guarantor”), a corporation duly organized under the laws of the State of Delaware, in favor of each person (each, a “Party”) to whom Goldman Sachs Bank USA, a New York state-chartered bank (as successor-in-interest to Goldman Sachs Bank USA, a Utah Corporation) and a subsidiary of the Guarantor (the “Company”), may owe any Obligations (as defined below) from time to time. In this Guarantee, the “Company” shall also mean any banking subsidiary of the Guarantor, whether now existing or hereafter formed, that succeeds to the business of Goldman Sachs Bank USA.

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The Goldman Sachs Group, Inc.,
Goldman Sachs Group Inc • March 19th, 2009 • Security brokers, dealers & flotation companies
Distribution Agreement
Terms Agreement • March 19th, 2009 • Goldman Sachs Group Inc • Security brokers, dealers & flotation companies • New York

limited procedures specified in such letter nothing came to their attention as a result of the foregoing procedures that caused them to believe that this information does not conform in all material respects with the disclosure requirements of Items 301, 302 and 503(d), respectively, of Regulation S-K];

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