After the issuance of a Guarantee Certificate with respect to a Disbursement, the endorsement of a Guarantee Legend on a Note or the issuance of a Guaranteed Note Certificate with respect to a Note or Note Series, the Political Risk Guarantee with respect to such Disbursement, Note or Note Series, as the case may be, shall be binding on Ex-Im Bank even though payment under such Note or Note Series is held to be unenforceable, except to the extent provided in Sections 4.09, 4.10, 4.11 and/or 4.12.
A Political Risk Guarantee will apply to all Disbursements either (a) with respect to which Ex-Im Bank has issued a Guarantee Certificate or (b) evidenced by either (i) a Note which bears a Guarantee Legend or (ii) a Note or Note Series with respect to which Ex-Im Bank has issued a Guaranteed Note Certificate.
On and subject to the terms and conditions of Section 2.05 hereof and the Ex-Im Bank Guarantee, Ex-Im Bank shall endorse its Guarantee Legend on such Global Note or Global Notes in the form provided in the Ex-Im Bank Guarantee, and return the same to the Indenture Trustee, together with each Outstanding Floating Rate Bank Note being exchanged on such Exchange Date with its Guarantee Legend thereon cancelled.
No Notes may be cancelled under this Indenture unless and until the Guarantee Legend thereon has been cancelled.
Upon its receipt thereof, the Indenture Trustee shall authenticate such Global Note or Global Notes and deliver to Ex-Im Bank the Floating Rate Bank Notes to be exchanged for cancellation of the Guarantee Legends thereon together with a Request for Guarantee Legend accompanied by such Global Note or Global Notes.