Note Completion. With respect to all Notes submitted to Ex-Im Bank for a Guarantee Legend or Guaranteed Note Certificate, the Lender shall ensure: (a) that the text of each such Note conforms with the text and format required by Section 2.07; (b) that the date of issuance of each such Note conforms with all applicable terms and conditions of this Agreement, the relevant Ex-Im Bank Approval and any Credit Agreement for the establishment of such date; (c) that the Lender’s name and address are accurately reflected as payee on the face of each such Note; (d) that the representation of the principal amount of each such Note is accurate and free of ambiguity between the numerical representation and the textual representation of each such principal amount; (e) that, in the case of any Global Note, the face principal amount of each Note is greater than or equal to the aggregate principal amounts of any Guarantee Certificates previously issued with respect thereto; and (f) that the due dates set forth in each such Note conform with all applicable terms and conditions of this Agreement, the relevant Ex-Im Bank Approval and any Credit Agreement for the establishment of such dates; in each case, provided that the Lender and Ex-Im Bank each acknowledges and agrees that pursuant to Section 9.07 the Lender shall indemnify Ex-Im Bank for all actual damages and costs suffered by Ex-Im Bank as a result of any failure by the Lender to comply with its obligation under this Section 5.05 but any such failure shall in no way affect the binding nature of any Guarantee issued with respect to the relevant Credit.
Appears in 2 contracts
Samples: Master Guarantee Agreement, Master Guarantee Agreement
Note Completion. With respect to all Notes submitted to Ex-Im Bank for a Guarantee Legend or Guaranteed Note Certificate, the Lender Agent shall ensure:
(a) that the text of each such Note conforms with the text and format required by Section 2.07;
(b) that the date of issuance of each such Note conforms with all applicable terms and conditions of this Agreement, the relevant Ex-Im Bank Approval and any Credit Agreement for the establishment of such date;
(c) that the LenderAgent’s name and address are accurately reflected as payee on the face of each such Note;
(d) that the representation of the principal amount of each such Note is accurate and free of ambiguity between the numerical representation and the textual representation of each such principal amount;
(e) that, in the case of any Global NoteNote issued before the Final Disbursement Date, the principal face principal amount of each Note Global Note, is greater than or equal to the aggregate principal amounts of any Guarantee Certificates previously issued with respect thereto; and
(f) that the due dates set forth in each such Note conform with all applicable terms and conditions of this Agreement, the relevant Ex-Im Bank Approval and any Credit Agreement for the establishment of such dates; in each case, provided that the Lender Agent and Ex-Im Bank each acknowledges and agrees that pursuant to Section 9.07 the Lender Agent shall indemnify Ex-Im Bank for all actual damages and costs suffered by Ex-Im Bank as a result of any failure by the Lender Agent to comply with its obligation under this Section 5.05 but any such failure shall in no way affect the binding nature of any Guarantee issued with respect to the relevant Credit.
Appears in 1 contract
Samples: Master Guarantee Agreement
Note Completion. With respect to all Notes submitted to Ex-Im Bank for a Guarantee Legend or Guaranteed Note Certificate, the Lender shall ensure:
(a) that the text of each such Note conforms with the text test and format required by Section 2.07;
(b) that the date of issuance of each such Note conforms with all applicable terms and conditions of this Agreement, the relevant Ex-Im Bank Approval and any Credit Agreement for the establishment of such date;
(c) that the Lender’s name and address are accurately reflected as payee on the face of each such Note;
(d) that the representation of the principal amount of each such Note is accurate and free of ambiguity between the numerical representation and the textual representation of each such principal amount;
(e) that, in the case of any Global Note, the principal face principal amount of each Note is greater than or equal to the aggregate principal amounts of any Guarantee Certificates previously issued with respect thereto; and
(f) that the due dates set forth in each such Note conform with all applicable terms and conditions of this Agreement, the relevant Ex-Im Bank Approval and any Credit Agreement for the establishment of such dates; in each case, provided that the Lender and Ex-Im Bank each acknowledges and agrees that pursuant to Section 9.07 the Lender shall indemnify Ex-Im Bank for all actual damages and costs suffered by Ex-Im Bank as a result of any failure by the Lender to comply with its obligation under this Section 5.05 but any such failure shall in no way affect the binding nature of any Political Risk Guarantee issued with respect to the relevant Credit.
Appears in 1 contract
Samples: Master Guarantee Agreement
Note Completion. With respect to all Notes submitted to Ex-Im Bank for evidencing a Guarantee Legend or Guaranteed Note CertificateCredit, the Lender shall ensure:
(a) that the text of each such Note conforms with the text and format required by Section 2.07;
2.08; (b) that the date of issuance of each such Note conforms with all applicable terms and conditions of this Agreement, the relevant Ex-Im Bank Approval and any Credit Agreement for the establishment of such date;
; (c) that the Lender’s 's name and address are accurately reflected as payee on the face of each such Note;
; (d) that the representation of the principal amount of each such Note is accurate and free of ambiguity between the numerical representation and the textual representation of each such principal amount;
; (e) that, in the case of any Global Note, the face principal amount of each Note Note, is greater than or equal to the aggregate principal amounts of any Guarantee Certificates Disbursement Approvals previously issued with respect thereto; and
and (f) that the due dates set forth in each such Note conform with all applicable terms and conditions of this Agreement, the relevant Ex-Im Bank Approval and any Credit Agreement for the establishment of such dates; in each case, provided that for the avoidance of any doubt, the Lender and Ex-Im Bank each acknowledges and agrees that pursuant to Section 9.07 the Lender shall indemnify Ex-Im Bank for all actual damages and costs suffered by Ex-Im Bank as a result of any failure by the Lender to comply with its obligation under this Section 5.05 5.04 but any such failure shall in no way affect the binding nature of any Guarantee issued with respect to the relevant Credit.
Appears in 1 contract
Samples: Master Guarantee Agreement