Default and Remedies Sample Contracts

DEFAULT AND REMEDIES IN THE PORTFOLIO SALE‌
Default and Remedies • July 9th, 2001

A portfolio sale agreement, for either land or loans, (“Portfolio Agreements”) resembles in many respects the agreement for purchase and sale of one or two loans or parcels of real estate (“One Off Agreements”). We are all familiar with the defaults, remedies and damages generally included in One Off Agreements. (As used herein the terms “Agreement” or “Agreements” shall refer collectively to Portfolio Agreements and One Off Agreements.) Because Portfolio Agreements encompass a number of loans or parcels of real property (collectively referred to herein as “Assets”), we may assume that Portfolio Agreements are more sophisticated than One Off Agreements. This assumption is usually true in the due diligence and representations and warranties sections of the Portfolio Agreement. It is generally not the case with respect to defaults, remedies and damages. However, in Portfolio Agreements, the remedies available may not be as effective as such remedies are in a One Off Transaction. This ana

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EXHIBIT N INDUSTRIAL REAL PROPERTY LEASE
Default and Remedies • April 5th, 2011 • Thermadyne Australia Pty Ltd. • Machine tools, metal cutting types • Texas

THIS LEASE, made as of June 6, 1988 between NATIONAL WAREHOUSE INVESTMENT COMPANY, a California limited partnership, (“Landlord”), whose address is Four Embarcadero Center, Suite 3150, San Francisco, California 94111 and VICTOR EQUIPMENT COMPANY, a Delaware corporation (“Tenant”), whose address is 101 South Hanley, St. Louis, Missouri 63105,

CREDIT SUISSE GROUP (GUERNSEY) III LIMITED as the Company, CREDIT SUISSE GROUP AG, as the Guarantor and HSBC BANK USA, N.A. as Trustee SENIOR OR SUBORDINATED GUARANTEED EXCHANGEABLE OR CONVERTIBLE DEBT SECURITIES INDENTURE Dated as of May 16, 2011
Default and Remedies • May 16th, 2011 • Credit Suisse Group (Guernsey) III LTD • Security brokers, dealers & flotation companies

SENIOR OR SUBORDINATED GUARANTEED EXCHANGEABLE OR CONVERTIBLE DEBT SECURITIES INDENTURE, dated as of May 16, 2011, between CREDIT SUISSE GROUP (GUERNSEY) III LIMITED, a Guernsey incorporated non-cellular company limited by shares, as the Company, CREDIT SUISSE GROUP AG, a global financial services holding company domiciled in Switzerland, as the Guarantor, and HSBC BANK USA, N.A., a national banking association, as the Trustee.

as Issuer,
Default and Remedies • February 20th, 1997 • Renaissance Cosmetics Inc /De/ • Perfumes, cosmetics & other toilet preparations • New York
FORM OF SUBORDINATED GUARANTEED INDENTURE] CREDIT SUISSE GROUP FINANCE (GUERNSEY) LIMITED as the Company, CREDIT SUISSE GROUP as the Guarantor and JPMORGAN CHASE BANK, N.A. as Trustee SUBORDINATED INDENTURE Dated as of
Default and Remedies • April 3rd, 2006 • Credit Suisse Group • Finance services • New York

SUBORDINATED INDENTURE, dated as of , 20 , among Credit Suisse Group Finance (Guernsey) Limited, a limited company organized under the laws of Guernsey, as the Company, Credit Suisse Group, a company organized under the laws of Switzerland, as the Guarantor, and JPMorgan Chase Bank, N.A., a national banking association, as the Trustee.

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