Contents Clause Page 1. Definitions and Interpretation 2 2. The Facilities 16 3. Utilisation of the Facilities 19 4. Interest 20 5. Interest Rate and Payment of Interest 21 6. Market Disruption and Alternative Interest Rates 22 7. Notification 23 8....Transfer Agreement • August 5th, 2011 • First Solar, Inc. • Semiconductors & related devices
FIRST DEMAND GUARANTY DATED AS OF 3 August, 2011 by FIRST SOLAR, INC.First Demand Guaranty • August 5th, 2011 • First Solar, Inc. • Semiconductors & related devices • New York
This GUARANTY dated as of 3 August, 2011 is made by First Solar, Inc., a Delaware corporation (the “Guarantor”), in favor of each of the Agents (as defined below) and the Lenders (as defined in the Facility Agreement dated the date hereof, among First Solar Malaysia Sdn. Bhd. (Company No. 758827-T) (the “Borrower”), Commerzbank Aktiengesellschaft and Natixis Zweigniederlassung Deutschland as Arrangers, Commerzbank Aktiengesellschaft, Luxembourg Branch as Facility Agent and Security Agent (each of the Facility Agent and the Security Agent, an “Agent” and, collectively, the “Agents”) and the Original Lenders listed on Schedule 1 thereto (as amended, modified or supplemented from time to time in accordance with its terms, the “Facility Agreement”)). Capitalized terms used herein and not otherwise defined herein shall have the meanings attributed thereto in the Facility Agreement.
