Common use of Cash Cover Clause in Contracts

Cash Cover. (i) If, pursuant to a Daily Report issued on the last Business Day of any calendar month (each a “Rebasing Date”), (A) the aggregate Dollar Equivalent of the FCI Issuing Lender Exposure of the Bilateral FCI Issuing Lenders exceeds the aggregate amount of the Bilateral FCI Issuing Commitments of the Bilateral FCI Issuing Lenders, (B) the aggregate Dollar Equivalent of the FCI Issuing Lender Exposure of the Participation FCI Issuing Lenders exceeds the aggregate amount of the Participation FCI Issuing Commitments of the Participation FCI Issuing Lenders or the aggregate amount of the Participation FCI Commitments of the Lenders, or (C) the aggregate Dollar Equivalent of the Participation FCIs and Participation Joint Signature FCIs outstanding plus the aggregate Dollar Equivalent of the outstanding unreimbursed FCI Disbursements with respect to Participation FCIs exceeds the amount of the Participation FCI Commitments of the Lenders, in each case, by more than $500,000 (any such exceeding amount being the “Excess Amount”), the Foreign Trade Facility Agent shall request in writing from the Parent Borrower, within a period of five Business Days following receipt of the respective Daily Report, Cash Cover with respect to such Excess Amount, and the Parent Borrower shall, within a period of four Business Days following receipt of the demand from the Foreign Trade Facility Agent, provide for Cash Cover in accordance with clause (iv) below. For the avoidance of doubt, this clause (i) shall be applicable even to the extent any such Excess Amount results, in whole or in part, from fluctuation of currency exchange rates. (ii) [Reserved]. (iii) If in respect of any Rebasing Date subsequent to a Rebasing Date in respect of which Cash Cover had been provided pursuant to clause (i) above to the Foreign Trade Facility Agent, the Excess Amount (as shown in the relevant Daily Report) has been reduced to zero (either through fluctuation of currency exchange rates or through the reduction or expiration of any FCIs), the Foreign Trade Facility Agent shall release the whole or relevant part of the Cash Cover within three Business Days of the relevant Rebasing Date. (iv) If a Borrower is obliged to provide for Cash Cover under this Agreement, such Borrower shall pay the relevant amount for which it shall provide Cash Cover in Dollars or in the Dollar Equivalent of the currency of the respective FCI for which Cash Cover has to be provided to an account with the Foreign Trade Facility Agent, in the name of such Borrower or the Parent Borrower (at the election of the Parent Borrower), to be maintained for the benefit of the Bilateral FCI Issuing Lenders or Participation FCI Issuing Lenders and Lenders with a Participation FCI Commitment, as applicable (such deposited amount, the “Cash Cover”). Such account shall be an interest bearing account in the name of such Borrower or the Parent Borrower (at the election of the Parent Borrower) and such account shall be pledged to the Foreign Trade Facility Agent on the basis of a pledge agreement in form and substance reasonably satisfactory to the Foreign Trade Facility Agent and such Borrower or the Parent Borrower, as applicable. Notwithstanding the foregoing, no Foreign Subsidiary Borrower shall be required to deposit cash in support of any obligation of any other Borrower and no collateral or other credit support provided by any Foreign Subsidiary Borrower shall serve as security for any obligation of any other Borrower. (v) If the term of any FCI extends beyond the Foreign Trade Maturity Date or other termination of this Agreement, including if any obligation of any FCI Issuing Lender with respect to any FCI governed by the laws of the People’s Republic of China or any other Governmental Authority extends beyond the Foreign Trade Maturity Date or other termination of this Agreement, the applicable Borrower shall, on the earlier of the Foreign Trade Maturity Date or the date of such other termination of this Agreement, do one of the following: (A) cause such FCI to be surrendered for cancellation to the applicable FCI Issuing Lender or (B) provide Cash Cover (or other credit support reasonably satisfactory) to the Foreign Trade Facility Agent in an amount equal to at least 103% of the Dollar Equivalent of the Face Amount of such FCI or (C) provide the applicable FCI Issuing Lender with a back-up letter of credit or other analogous undertaking on reasonably acceptable terms and conditions in an amount at least equal to 103% of the Dollar Equivalent of the Face Amount of such FCI from a financial institution approved by the applicable FCI Issuing Lender or Joint FCI Issuing Lender, if applicable (such approval not to be unreasonably withheld in accordance with such FCI Issuing Lender’s or Joint FCI Issuing Lender’s existing banking practice consistently applied). Upon notice to the Foreign Trade Facility Agent of the termination, reduction or expiration (without any pending drawing) of such FCI, the Foreign Trade Facility Agent shall release the whole or relevant part of the Cash Cover (or other credit back-stop) within three Business Days of the relevant date of termination, reduction or expiration, and the Foreign Trade Facility Agent shall use Cash Cover to promptly reimburse any FCI Issuing Lender honoring any FCI.

Cash Cover. (i) If, pursuant to a Daily Report issued on the last Business Day of any calendar month (each a “Rebasing Date”), (A) the aggregate Dollar Equivalent of the FCI Issuing Lender Foreign Trade Exposure of the Bilateral FCI Foreign Issuing Lenders exceeds the aggregate amount of the Bilateral FCI Foreign Credit Instrument Issuing Commitments of the Bilateral FCI Foreign Issuing Lenders, Lenders or the aggregate amount of the Foreign Credit Commitments of the Lenders or (B) the aggregate Dollar Equivalent of the FCI Issuing Lender Exposure of the Participation FCI Issuing Lenders exceeds the aggregate amount of the Participation FCI Issuing Commitments of the Participation FCI Issuing Lenders or the aggregate amount of the Participation FCI Commitments of the Lenders, or (C) the aggregate Dollar Equivalent of the Participation FCIs Foreign Credit Instruments and Participation Joint Signature FCIs Foreign Credit Instruments outstanding plus the aggregate Dollar Equivalent of the outstanding unreimbursed FCI Foreign Credit Disbursements with respect to Participation FCIs exceeds the amount of the Participation FCI Foreign Credit Commitments of the Lenders, in each either case, by more than $500,000 (any such exceeding amount being the “Excess Amount”), the Foreign Trade Facility Agent shall request in writing from the Parent Borrower, within a period of five Business Days following receipt of the respective Daily Report, Cash Cover with respect to such Excess Amount, and the Parent Borrower shall, within a period of four Business Days following receipt of the demand from the Foreign Trade Facility Agent, provide for Cash Cover in accordance with clause (iv) below. For the avoidance of doubt, this clause . (ii) Clause (i) above shall be applicable even mutatis mutandis if, in respect of any Rebasing Date subsequent to a Rebasing Date in respect of which Cash Cover had been provided, the extent any such Excess Amount results, in whole has increased by an amount equal to $500,000 of the aggregate Foreign Credit Instrument Issuing Commitments or in part, from Foreign Credit Commitments due to fluctuation of currency exchange rates. (ii) [Reserved]. (iii) If in respect of any Rebasing Date subsequent to a Rebasing Date in respect of which Cash Cover had been provided pursuant to clause (i) above to the Foreign Trade Facility Agent, the Excess Amount (as shown in the relevant Daily Report) has been reduced to zero (either through fluctuation of currency exchange rates or through the reduction or expiration of any FCIsForeign Credit Instruments), the Foreign Trade Facility Agent shall release the whole or relevant part of the Cash Cover within three Business Days of the relevant Rebasing Date. (iv) If a Borrower is obliged to provide for Cash Cover under this Agreement, such Borrower shall pay the relevant amount for which it shall provide Cash Cover in Dollars or in the Dollar Equivalent of the currency of the respective FCI Foreign Credit Instrument for which Cash Cover has to be provided to an account with of the Foreign Trade Facility Agent, in the name of such Borrower or the Parent Borrower (at the election of the Parent Borrower), to be maintained for the benefit of the Bilateral FCI Issuing Lenders or Participation FCI Foreign Issuing Lenders and Lenders with a Participation FCI Commitment, as applicable Foreign Credit Commitment (such deposited amount, the “Cash Cover”). Such account shall be an interest bearing account (subject to Section 2.6(b)(v), with the amount of interest to be determined by the Foreign Trade Facility Agent in accordance with its standard business practice) in the name of such Borrower or the Parent Borrower (at the election of the Parent Borrower) and such account shall be pledged to the Foreign Trade Facility Administrative Agent on the basis of a pledge agreement in form and substance reasonably satisfactory to the Foreign Trade Facility Administrative Agent and such Borrower or the Parent Borrower, as applicable. Notwithstanding the foregoing, no Foreign Subsidiary Borrower shall be required to deposit cash in support of any obligation of any other Borrower and no collateral or other credit support provided by any Foreign Subsidiary Borrower shall serve as security for any obligation of any other Borrower. (v) If the term of on any FCI extends beyond the Foreign Trade Maturity Date Credit Instrument or other termination of this Agreement, including if any obligation of any FCI Issuing Lender with respect to any FCI governed by the laws of the People’s Republic of China or any other Governmental Authority Joint Signature Foreign Credit Instrument extends beyond the Foreign Trade Maturity Date or other termination of this Agreement, the applicable Borrower shall, on the earlier of the Foreign Trade Maturity Date or the date of such other termination of this Agreement, do one of the following: either (A) cause such FCI Foreign Credit Instrument or Joint Signature Foreign Credit Instrument to be surrendered for cancellation to the applicable FCI Foreign Issuing Lender or (B) provide Cash Cover (or other credit support reasonably satisfactory) to the Foreign Trade Facility Agent in an amount equal to at least 103% of the Dollar Equivalent of the Face Amount of such FCI or (C) provide the applicable FCI Issuing Lender with a back-up letter of credit or other analogous undertaking on reasonably acceptable terms and conditions in an amount at least equal to 103% of the Dollar Equivalent of the Face Amount of such FCI from a financial institution approved by the applicable FCI Issuing Lender Foreign Credit Instrument or Joint FCI Issuing Lender, if applicable (such approval not to be unreasonably withheld in accordance with such FCI Issuing Lender’s or Joint FCI Issuing Lender’s existing banking practice consistently applied)Signature Foreign Credit Instrument. Upon notice to the Foreign Trade Facility Agent of the termination, reduction or expiration (without any pending drawing) of such FCIForeign Credit Instrument or Joint Signature Foreign Credit Instrument issued by such Foreign Issuing Lender, the Foreign Trade Facility Agent shall release the whole or relevant part of the Cash Cover (or other credit back-stop) within three Business Days of the relevant date of termination, reduction or expiration, and the Foreign Trade Facility Agent shall use Cash Cover to promptly reimburse any FCI Foreign Issuing Lender honoring any FCIForeign Credit Instrument.

Cash Cover. (i) If, pursuant to a Daily Report issued on the last Business Day of any calendar month (each a “Rebasing Date”), (A) the aggregate Dollar Equivalent of the FCI Issuing Lender Foreign Trade Exposure of the Bilateral FCI Foreign Issuing Lenders exceeds the aggregate amount of the Bilateral FCI Foreign Credit Instrument Issuing Commitments of the Bilateral FCI Foreign Issuing Lenders, (B) the aggregate Dollar Equivalent of the FCI Issuing Lender Foreign Trade Exposure of the Participation FCI Foreign Issuing Lenders exceeds the aggregate amount of the Participation FCI Foreign Credit Instrument Issuing Commitments of the Participation FCI Foreign Issuing Lenders or the aggregate amount of the Participation FCI Foreign Credit Commitments of the Lenders, or (C) the aggregate Dollar Equivalent of the Participation FCIs Foreign Credit Instruments and Participation Joint Signature FCIs Foreign Credit Instruments outstanding plus the aggregate Dollar Equivalent of the outstanding unreimbursed FCI Foreign Credit Disbursements with respect to Participation FCIs Foreign Credit Instruments exceeds the amount of the Participation FCI Foreign Credit Commitments of the Lenders, in each case, by more than $500,000 (any such exceeding amount being the “Excess Amount”), the Foreign Trade Facility Agent shall request in writing from the Parent Borrower, within a period of five Business Days following receipt of the respective Daily Report, Cash Cover with respect to such Excess Amount, and the Parent Borrower shall, within a period of four Business Days following receipt of the demand from the Foreign Trade Facility Agent, provide for Cash Cover in accordance with clause (iv) below. For the avoidance of doubt, this clause . (ii) Clause (i) above shall be applicable even mutatis mutandis if, in respect of any Rebasing Date subsequent to a Rebasing Date in respect of which Cash Cover had been provided, the extent any such Excess Amount resultshas increased by an amount equal to $500,000 of the aggregate Bilateral Foreign Credit Instrument Issuing Commitments, in whole Participation Foreign Credit Instrument Issuing Commitments or in partForeign Credit Commitments, from as applicable, due to fluctuation of currency exchange rates. (ii) [Reserved]. (iii) If in respect of any Rebasing Date subsequent to a Rebasing Date in respect of which Cash Cover had been provided pursuant to clause (i) above to the Foreign Trade Facility Agent, the Excess Amount (as shown in the relevant Daily Report) has been reduced to zero (either through fluctuation of currency exchange rates or through the reduction or expiration of any FCIsForeign Credit Instruments), the Foreign Trade Facility Agent shall release the whole or relevant part of the Cash Cover within three Business Days of the relevant Rebasing Date. (iv) If a Borrower is obliged to provide for Cash Cover under this Agreement, such Borrower shall pay the relevant amount for which it shall provide Cash Cover in Dollars or in the Dollar Equivalent of the currency of the respective FCI Foreign Credit Instrument for which Cash Cover has to be provided to an account with the Foreign Trade Facility Agent, in the name of such Borrower or the Parent Borrower (at the election of the Parent Borrower), to be maintained for the benefit of the Bilateral FCI Foreign Issuing Lenders or Participation FCI Foreign Issuing Lenders and Lenders with a Participation FCI Foreign Credit Commitment, as applicable (such deposited amount, the “Cash Cover”). Such account shall be an interest bearing account in the name of such Borrower or the Parent Borrower (at the election of the Parent Borrower) and such account shall be pledged to the Foreign Trade Facility Agent on the basis of a pledge agreement in form and substance reasonably satisfactory to the Foreign Trade Facility Agent and such Borrower or the Parent Borrower, as applicable. Notwithstanding the foregoing, no Foreign Subsidiary Borrower shall be required to deposit cash in support of any obligation of any other Borrower and no collateral or other credit support provided by any Foreign Subsidiary Borrower shall serve as security for any obligation of any other Borrower. (v) If the term of on any FCI Foreign Credit Instrument or Joint Signature Foreign Credit Instrument extends beyond the Foreign Trade Maturity Date or other termination of this Agreement, including or if any obligation of any FCI Foreign Issuing Lender with respect to any FCI Foreign Credit Instrument or Joint Foreign Credit Instrument governed by the laws of the People’s Republic of China or any other Governmental Authority extends beyond the Foreign Trade Maturity Date or other termination of this Agreement, the applicable Borrower shall, on the earlier of the Foreign Trade Maturity Date or the date of such other termination of this Agreement, do one of the following: (A) cause such FCI Foreign Credit Instrument or Joint Signature Foreign Credit Instrument to be surrendered for cancellation to the applicable FCI Foreign Issuing Lender or (B) provide Cash Cover (or other credit support reasonably satisfactory) to the Foreign Trade Facility Agent in an amount equal to at least 103% of the Dollar Equivalent of the Face Amount of such FCI Foreign Credit Instrument or Joint Signature Foreign Credit Instrument or (C) provide the applicable FCI Foreign Issuing Lender with a back-up letter of credit or other analogous undertaking on reasonably acceptable terms and conditions in an amount at least equal to 103% of the Dollar Equivalent of the Face Amount of such FCI Foreign Credit Instrument or Joint Signature Foreign Credit Instrument from a financial institution approved by the applicable FCI Foreign Issuing Lender or Joint FCI Issuing Lender, if applicable (such approval not to be unreasonably withheld in accordance with such FCI Issuing Lender’s or Joint FCI Foreign Issuing Lender’s existing banking practice consistently applied). Upon notice to the Foreign Trade Facility Agent of the termination, reduction or expiration (without any pending drawing) of such FCIForeign Credit Instrument or Joint Signature Foreign Credit Instrument issued by such Foreign Issuing Lender, the Foreign Trade Facility Agent shall release the whole or relevant part of the Cash Cover (or other credit back-stop) within three Business Days of the relevant date of termination, reduction or expiration, and the Foreign Trade Facility Agent shall use Cash Cover to promptly reimburse any FCI Foreign Issuing Lender honoring any FCIForeign Credit Instrument or Joint Signature Foreign Credit Instrument.

Cash Cover. (i) If, pursuant to a Daily Report issued on the last Business Day of any calendar month (each a “Rebasing Date”), (A) the aggregate Dollar Equivalent of the FCI Issuing Lender Exposure of the Bilateral FCI Issuing Lenders exceeds the aggregate amount of the Bilateral FCI Issuing Commitments of the Bilateral FCI Issuing Lenders, (B) the aggregate Dollar Equivalent of the FCI Issuing Lender Exposure of the Participation FCI Issuing Lenders exceeds the aggregate amount of the Participation FCI Issuing Commitments of the Participation FCI Issuing Lenders or the aggregate amount of the Participation FCI Commitments of the Lenders, or (C) the aggregate Dollar Equivalent of the Participation FCIs and Participation Joint Signature FCIs outstanding plus the aggregate Dollar Equivalent of the outstanding unreimbursed FCI Disbursements with respect to Participation FCIs exceeds the amount of the Participation FCI Commitments of the Lenders, in each case, by more than $500,000 (any such exceeding amount being the “Excess Amount”), the Foreign Trade Facility Agent shall notify the FCI Issuing Lenders and the U.S. Borrower in which event each FCI Issuing Lender shall have the right in its sole discretion to request in writing from the Parent U.S. Borrower, within a period of five Business Days following receipt of the respective Daily Report, Cash Cover with respect to the amount by which the Dollar Equivalent of the FCI Issuing Lender Exposure of such Excess AmountFCI Issuing Lender exceeds the aggregate principal amount of such FCI Issuing Commitment of such FCI Issuing Lender, and the Parent U.S. Borrower shall, within a period of four Business Days following receipt of the demand from the Foreign Trade Facility Agentsuch FCI Issuing Lender, provide for Cash Cover in accordance with clause (iv) below. For the avoidance of doubt, this clause (i) shall be applicable even to the extent any such Excess Amount results, in whole or in part, from fluctuation of currency exchange rates. (ii) [Reserved]. (iii) If in respect of any Rebasing Date subsequent to a Rebasing Date in respect of which Cash Cover had been provided pursuant to clause (i) above to the Foreign Trade Facility Agentapplicable FCI Issuing Lender(s), the Excess Amount (as shown in the relevant Daily Report) has been reduced to zero (either through fluctuation of currency exchange rates or through the reduction or expiration of any FCIs), then the Foreign Trade Facility Agent applicable FCI Issuing Lender(s) shall release the whole or relevant part of the Cash Cover within three Business Days of the relevant Rebasing Date. (iv) If a Borrower is obliged to provide for Cash Cover under this Agreement, such Borrower shall pay the relevant amount for which it shall provide Cash Cover in Dollars or in the Dollar Equivalent of the currency of the respective FCI for which Cash Cover has to be provided to an account with of the Foreign Trade Facility Agentapplicable FCI Issuing Lender(s), in the name of such Borrower or the Parent U.S. Borrower (at the election of the Parent U.S. Borrower), to be maintained for the benefit of the Bilateral applicable FCI Issuing Lenders or Participation FCI Issuing Lenders and Lenders with a Participation FCI Commitment, as applicable Lender(s) (such deposited amount, the “Cash Cover”). Such account shall be an interest interest-bearing account in the name of such Borrower or the Parent U.S. Borrower (at the election of the Parent U.S. Borrower) and such account shall be pledged to the Foreign Trade Facility Agent applicable FCI Issuing Lender(s), as the case may be, on the basis of a pledge agreement in form and substance reasonably satisfactory to the Foreign Trade Facility Agent applicable FCI Issuing Lender(s), as the case may be, and such Borrower or the Parent U.S. Borrower, as applicable. Notwithstanding the foregoing, no Foreign Subsidiary Borrower shall be required to deposit cash in support of any obligation of any other Borrower and no collateral or other credit support provided by any Foreign Subsidiary Borrower shall serve as security for any obligation of any other Borrower. (v) If the term of any FCI extends beyond the Foreign Trade Maturity Date or other termination of this Agreement, including if any obligation of any FCI Issuing Lender with respect to any FCI governed by the laws of the People’s Republic of China or any other Governmental Authority extends beyond the Foreign Trade Maturity Date or other termination of this AgreementAgreement (including any obligation in respect of any claims period under any FCI that extends beyond the stated expiration date of such FCI), then the applicable Borrower shall, on the earlier of the Foreign Trade Maturity Date or the date of such other termination of this Agreement, do one of the following: (A) cause such FCI to be surrendered for cancellation to the applicable FCI Issuing Lender or (B) provide Cash Cover (or other credit support reasonably satisfactory) to the Foreign Trade Facility Agent applicable FCI Issuing Lender in an amount equal to at least 103% of the Dollar Equivalent of the Face Amount of such FCI or (C) provide the applicable FCI Issuing Lender with a back-up letter of credit or other analogous undertaking on reasonably acceptable terms and conditions in an amount at least equal to 103% of the Dollar Equivalent of the Face Amount of such FCI from a financial institution approved by the applicable FCI Issuing Lender or Joint FCI Issuing Lender, if applicable (such approval not to be unreasonably withheld in accordance with such FCI Issuing Lender’s or Joint FCI Issuing Lender’s existing banking practice consistently applied). Upon notice to the Foreign Trade Facility Agent applicable FCI Issuing Lender of the termination, reduction or expiration (without any pending drawing) of such FCI, the Foreign Trade Facility Agent applicable FCI Issuing Lender shall release the whole or relevant part of the Cash Cover (or other credit back-stop) within three Business Days of the relevant date of termination, reduction or expiration, and the Foreign Trade Facility Agent applicable FCI Issuing Lender shall use Cash Cover to promptly reimburse any FCI Issuing Lender honoring any FCI.

Cash Cover. (i) If, pursuant to a Daily Report issued on the last Business Day of any calendar month (each a “Rebasing Date”), (A) the aggregate Dollar Equivalent of the FCI Issuing Lender Foreign Trade Exposure of the Bilateral FCI Foreign Issuing Lenders exceeds the aggregate amount of the Bilateral FCI Foreign Credit Instrument Issuing Commitments of the Bilateral FCI Foreign Issuing Lenders, (B) the aggregate Dollar Equivalent of the FCI Issuing Lender Foreign Trade Exposure of the Participation FCI Foreign Issuing Lenders exceeds the aggregate amount of the Participation FCI Foreign Credit Instrument Issuing Commitments of the Participation FCI Foreign Issuing Lenders or the aggregate amount of the Participation FCI Foreign Credit Commitments of the Lenders, or (C) the aggregate Dollar Equivalent of the Participation FCIs Foreign Credit Instruments and Participation Joint Signature FCIs Foreign Credit Instruments outstanding plus the aggregate Dollar Equivalent of the outstanding unreimbursed FCI Foreign Credit Disbursements with respect to Participation FCIs Foreign Credit Instruments exceeds the amount of the Participation FCI Foreign Credit Commitments of the Lenders, in each case, by more than $500,000 (any such exceeding amount being the “Excess Amount”), the Foreign Trade Facility Agent shall request in writing from the Parent Borrower, within a period of five Business Days following receipt of the respective Daily Report, Cash Cover with respect to such Excess Amount, and the Parent Borrower shall, within a period of four Business Days following receipt of the demand from the Foreign Trade Facility Agent, provide for Cash Cover in accordance with clause (iv) below. For the avoidance of doubt, this clause . (ii) Clause (i) above shall be applicable even mutatis mutandis if, in respect of any Rebasing Date subsequent to a Rebasing Date in respect of which Cash Cover had been provided, the extent any such Excess Amount resultshas increased by an amount equal to $500,000 of the aggregate Bilateral Foreign Credit Instrument Issuing Commitments, in whole Participation Foreign Credit Instrument Issuing Commitments or in partForeign Credit Commitments, from as applicable, due to fluctuation of currency exchange rates. (ii) [Reserved]. (iii) If in respect of any Rebasing Date subsequent to a Rebasing Date in respect of which Cash Cover had been provided pursuant to clause (i) above to the Foreign Trade Facility Agent, the Excess Amount (as shown in the relevant Daily Report) has been reduced to zero (either through fluctuation of currency exchange rates or through the reduction or expiration of any FCIsForeign Credit Instruments), the Foreign Trade Facility Agent shall release the whole or relevant part of the Cash Cover within three Business Days of the relevant Rebasing Date. (iv) If a Borrower is obliged to provide for Cash Cover under this Agreement, such Borrower shall pay the relevant amount for which it shall provide Cash Cover in Dollars or in the Dollar Equivalent of the currency of the respective FCI Foreign Credit Instrument for which Cash Cover has to be provided to an account with the Foreign Trade Facility Agent, in the name of such Borrower or the Parent Borrower (at the election of the Parent Borrower), to be maintained for the benefit of the Bilateral FCI Foreign Issuing Lenders or Participation FCI Foreign Issuing Lenders and Lenders with a Participation FCI Foreign Credit Commitment, as applicable (such deposited amount, the “Cash Cover”). Such account shall be an interest bearing account in the name of such Borrower or the Parent Borrower (at the election of the Parent Borrower) and such account shall be pledged to the Foreign Trade Facility Agent on the basis of a pledge agreement in form and substance reasonably satisfactory to the Foreign Trade Facility Agent and such Borrower or the Parent Borrower, as applicable. Notwithstanding the foregoing, no Foreign Subsidiary Borrower shall be required to deposit cash in support of any obligation of any other Borrower and no collateral or other credit support provided by any Foreign Subsidiary Borrower shall serve as security for any obligation of any other Borrower. (v) If the term of on any FCI Foreign Credit Instrument or Joint Signature Foreign Credit Instrument extends beyond the Foreign Trade Maturity Date or other termination of this Agreement, including or if any obligation of any FCI Foreign Issuing Lender with respect to any FCI Foreign Credit Instrument or Joint Foreign Credit Instrument governed by the laws of the People’s Republic of China or any other Governmental Authority extends beyond the Foreign Trade Maturity Date or other termination of this Agreement, the applicable Borrower shall, on the earlier of the Foreign Trade Maturity Date or the date of such other termination of this Agreement, do one of the following: (A) cause such FCI Foreign Credit Instrument or Joint Signature Foreign Credit Instrument to be surrendered for cancellation to the applicable FCI Foreign Issuing Lender or (B) provide Cash Cover (or other credit support reasonably satisfactory) to the Foreign Trade Facility Agent in an amount equal to at least 103% of the Dollar Equivalent of the Face Amount of such FCI Foreign Credit Instrument or Joint Signature Foreign Credit Instrument or (C) provide the applicable FCI Foreign Issuing Lender with a back-up letter of credit or other analogous undertaking on reasonably acceptable terms and conditions in an amount at least equal to 103% of the Dollar Equivalent of the Face Amount of such FCI Foreign Credit Instrument or Joint Signature Foreign Credit Instrument from a financial institution approved by the applicable FCI Foreign Issuing Lender or Joint FCI Issuing Lender, if applicable (such approval not to be unreasonably withheld in accordance with such FCI Issuing Lender’s or Joint FCI Foreign Issuing Lender’s existing banking practice consistently applied). Upon notice to the Foreign Trade Facility Agent of the termination, reduction or expiration (without any pending drawing) of such FCIForeign Credit Instrument or Joint Signature Foreign Credit Instrument issued by such Foreign Issuing Lender, the Foreign Trade Facility Agent shall release the whole or relevant part of the Cash Cover (or other credit back-stop) within three Business Days of the relevant date of termination, reduction or expiration, and the Foreign Trade Facility Agent shall use Cash Cover to promptly reimburse any FCI Foreign Issuing Lender honoring any FCIForeign Credit Instrument or Joint Signature Foreign Credit Instrument.