Common use of Procedure for Issuance and Reversals Clause in Contracts

Procedure for Issuance and Reversals. Each Borrower may, at any time and from time to time during the period from the Funding Date until the Foreign Trade Maturity Date, request the issuance of FCIs or an extension or other amendment of any outstanding FCI by sending to the Foreign Trade Facility Agent a duly completed request for issuance (each, a “Utilization Request”) by electronic transfer using the db direct internet or replacement communications facility in accordance with the terms of the DB Direct Internet Agreement. If for technical reasons it should not be possible to make a request for issuance through db direct internet (or such replacement communications facility), such request may be made (to be pre-advised by the relevant Borrower) via fax, via email or by letter, in substantially the form of Exhibit H, in each case to the Foreign Trade Facility Agent as specified in Section 9.1 (or to a fax number, email address or other address agreed with the Foreign Trade Facility Agent for this purpose), receipt of such fax, email or letter to be promptly confirmed by the Foreign Trade Facility Agent to the relevant Borrower for this purpose; provided that in such case explicit reference must be made to this Agreement, and the Foreign Trade Facility Agent shall in such case not be held responsible for a delayed processing of such Utilization Request unless such delayed processing is caused by gross negligence or willful misconduct (each as determined in a final and non-appealable judgment of a court of competent jurisdiction) on the part of the Foreign Trade Facility Agent following the confirmation of the receipt of the relevant fax, email or letter. It is acknowledged that the Foreign Trade Facility Agent will not, in the event a Utilization Request is submitted by fax, or email, be in a position to verify whether such Utilization Request has been duly authorized and sent by the relevant Borrower, and each Borrower hereby agrees that the Foreign Trade Facility Agent shall be entitled to execute all Utilization Requests received by fax or email if on their face such fax letters or emails appear to be duly authorized and executed or sent by persons acting on behalf of such Borrower who have been identified as authorized signatories in annex 1.3.1 (or any replacement annex) to the DB Direct Internet Agreement or in the officer’s certificate furnished pursuant to Section 4.2(i). Neither the Foreign Trade Facility Agent nor any of the Lenders shall be held liable for the execution of any forged Utilization Request received by fax or email except where the forgery is evident on the face of the forged Utilization Request furnished to such Person or the Foreign Trade Facility Agent or the respective FCI Issuing Lender acted with gross negligence or willful misconduct (each as determined in a final and non-appealable judgment of a court of competent jurisdiction) with respect to such Utilization Request. No Utilization Request will be regarded as having been duly completed unless: (i) the requested undertaking would constitute a Warranty Guarantee, a Performance Guarantee, an Advance Payment Guarantee, a Tender Guarantee, a Counter-Guarantee, a General Purpose Guarantee or with respect to a Bilateral FCI, a Trade LC; (ii) such Utilization Request and the terms and conditions for the requested FCI are in the English language (or, if not in the English language, then in the sole discretion of the Foreign Trade Facility Agent or the applicable Participation FCI Issuing Lender or Bilateral FCI Issuing Lender, must be accompanied by an English translation certified by the relevant Borrower to be a true and correct English translation that the Foreign Trade Facility Agent and such Participation FCI Issuing Lender or Bilateral FCI Issuing Lender, as applicable, shall be entitled to rely upon) and in accordance with the Mandatory Requirements; (iii) the requested FCI is denominated in a Permitted Currency or any other currency agreed by the applicable FCI Issuing Lender and the Foreign Trade Facility Agent; (iv) the expiry date of the requested FCI (A) is not stated by reference to any events in the underlying contract, (B) is not subject to conflicting interpretation, and (C) if the requested FCI does not provide for determination of a specific expiry date, the Commercial Lifetime falls within the Permitted Maturity; (v) the obligor of the obligations to be supported by the requested FCI is named; (vi) upon issuance of the requested FCI (for this purpose such FCI is deemed to be issued at the time of receipt of the Utilization Request therefor by the Foreign Trade Facility Agent), the thresholds for the different types of FCIs set forth under Section 2.6(d) would not be exceeded; (vii) an FCI Issuing Lender is determined pursuant to the terms hereof; (viii) the Utilization Request is in compliance with Section 2.6(d); and (ix) the Utilization Request indicates whether the applicable Borrower requests a Bilateral FCI or Participation FCI to be issued. Only one FCI may be requested in each Utilization Request. A Utilization Request may only be revoked by the relevant Borrower (x) until the Foreign Trade Facility Agent has forwarded the Utilization Request to the relevant FCI Issuing Lender in accordance with Section 2.6(g), by giving notice to the Foreign Trade Facility Agent or (y) thereafter, by giving notice to the relevant FCI Issuing Lender which has to be received by such FCI Issuing Lender at a time when such FCI Issuing Lender will, with reasonable efforts, still be in a position to stop the delivery of the relevant FCI to the relevant beneficiary or any other Person as instructed by such Borrower. In such case, the relevant FCI Issuing Lender shall promptly inform the Foreign Trade Facility Agent and the relevant Borrower that the requested FCI has not been issued. No FCI Issuing Lender shall be required to issue an FCI in any jurisdiction that would impose withholding taxes on any payments in respect of such FCI.

Procedure for Issuance and Reversals. Each Borrower may, at any time and from time to time during the period from the Funding Effective Date until the Foreign Trade Maturity Date, request the issuance of FCIs Foreign Credit Instruments or an extension or other amendment of any outstanding FCI Foreign Credit Instrument by sending to the Foreign Trade Facility Agent a duly completed request for issuance (each, a “Utilization Request”) by electronic transfer using the db direct internet or replacement communications facility in accordance with the terms of the DB Direct Internet Agreement. If for technical reasons it should not be possible to make a request for issuance through db direct internet (or such replacement communications facility)internet, such request may be made (to be pre-advised by the relevant Borrower) via fax, via email fax or by letter, in substantially the form of Exhibit HI, in each case to the Foreign Trade Facility Agent as specified in Section 9.1 (or to a fax number, email address number or other address agreed with the Foreign Trade Facility Agent for this purpose), receipt of such fax, email fax or letter to be promptly confirmed by the Foreign Trade Facility Agent to the relevant Borrower for this purpose; provided that in such case explicit reference must has to be made to this Agreement, Agreement and the Foreign Trade Facility Agent shall in such case not be held responsible for a delayed processing of such Utilization Request unless such delayed processing is caused by gross negligence or willful misconduct (each as determined in a final and non-appealable judgment of a court of competent jurisdiction) on the part of the Foreign Trade Facility Agent following the confirmation of the receipt of the relevant fax, email fax or letter. It is acknowledged that As the Foreign Trade Facility Agent will not, in the event a Utilization Request is submitted by fax, or emailtelefax, be in a position to verify whether such Utilization Request has been duly authorized and sent by the relevant Borrower, and each Borrower hereby agrees that the Foreign Trade Facility Agent shall be entitled to execute all Utilization Requests received by fax or email telefax if on their face such fax telefax letters or emails appear seem to be duly authorized and executed or sent by persons acting on behalf of such Borrower who have been identified as authorized signatories in annex 1.3.1 (or any replacement annex) to the DB Direct Internet Agreement or in the officer’s certificate furnished pursuant to Section 4.2(i4.1(h). Neither the Foreign Trade Facility Agent nor any of the Lenders shall be held liable for the execution of any forged Utilization Request received by fax or email telefax except where the forgery is evident on the face of the forged Utilization Request furnished to such Person or the Foreign Trade Facility Agent or the respective FCI Foreign Issuing Lender acted with gross negligence or willful misconduct (each as determined in a final and non-appealable judgment of a court of competent jurisdiction) with respect to such Utilization Request. No Utilization Request will be regarded as having been duly completed unless: (i) the requested undertaking would constitute a Warranty Guarantee, a Performance Guarantee, an Advance Payment Guarantee, a Tender Guarantee, a Counter-Guarantee, Guarantee or a General Purpose Guarantee or with respect to a Bilateral FCI, a Trade LCGuarantee; (ii) such Utilization Request and the terms and conditions for the requested FCI Foreign Credit Instrument are in the English language (or, if not in the English language, then in the sole discretion of the Foreign Trade Facility Agent or the applicable Participation FCI Issuing Lender or Bilateral FCI Issuing Lender, must be accompanied by an English translation certified by the relevant Borrower to be a true and correct English translation that the Foreign Trade Facility Agent and such Participation FCI Issuing Lender or Bilateral FCI Issuing Lender, as applicable, shall be entitled to rely upon) and in accordance with the Mandatory Requirements; (iii) the requested FCI Foreign Credit Instrument is denominated in a Permitted Currency or any other currency agreed by the applicable FCI Foreign Issuing Lender and the Foreign Trade Facility Agent; (iv) the specific expiry date of the requested FCI (A) is Foreign Credit Instrument, which must not be stated by reference to any events in the underlying contract, (B) contract and which is not subject to conflicting any interpretation, and (C) or, if the requested FCI Foreign Credit Instrument does not provide for such determination of a specific expiry date, the Commercial Lifetime falls Lifetime, shall fall within the Permitted Maturity; (v) the obligor of the obligations to be supported by the requested FCI Foreign Credit Instrument is named; (vi) upon issuance of the requested FCI Foreign Credit Instrument (for this purpose such FCI Foreign Credit Instrument is deemed to be issued at the time of receipt of the Utilization Request therefor by the Foreign Trade Facility Agent), the thresholds for the different types of FCIs Foreign Credit Instruments set forth under Section 2.6(d) would not be exceeded; (vii) an FCI a Foreign Issuing Lender is determined pursuant to the terms hereof;; and (viii) the Utilization Request is in compliance with Section 2.6(d); and (ix) the Utilization Request indicates whether the applicable Borrower requests a Bilateral FCI or Participation FCI to be issued. Only one FCI Foreign Credit Instrument may be requested in each Utilization Request. A Utilization Request may only be revoked by the relevant Borrower (x) until the Foreign Trade Facility Agent has forwarded the Utilization Request to the relevant FCI Foreign Issuing Lender in accordance with Section 2.6(g), by giving notice to the Foreign Trade Facility Agent or (y) thereafter, by giving notice to the relevant FCI Foreign Issuing Lender which has to be received by such FCI Foreign Issuing Lender at a time when such FCI Foreign Issuing Lender will, with reasonable efforts, still be in a position to stop the delivery of the relevant FCI Foreign Credit Instrument to the relevant beneficiary or any other Person as instructed by such Borrower. In such case, the relevant FCI Foreign Issuing Lender shall promptly inform the Foreign Trade Facility Agent and the relevant Borrower that the requested FCI Foreign Credit Instrument has not been issued. No FCI Foreign Issuing Lender shall be required to issue an FCI a Foreign Credit Instrument in any jurisdiction that would impose withholding taxes on any payments in respect of such FCIForeign Credit Instrument.

Procedure for Issuance and Reversals. Each Borrower may, at any time and from time to time during the period from the Funding Effective Date until the Foreign Trade Maturity Date, request the issuance of FCIs Foreign Credit Instruments or an extension or other amendment of any outstanding FCI Foreign Credit Instrument by sending to the Foreign Trade Facility Agent a duly completed request for issuance (each, a “"Utilization Request”") by electronic transfer using the db direct internet or replacement communications facility in accordance with the terms of the DB Direct Internet Agreement. If Only if for technical reasons it should not be possible to make a request for issuance through db direct internet (or such replacement communications facility)internet, such request may be made (to be pre-advised by telephone by the relevant Borrower) via fax, via email fax or by letter, in substantially the form of Exhibit HK, in each case to the Foreign Trade Facility Agent as specified in Section 9.1 (or to a fax number, email address number or other address agreed with the Foreign Trade Facility Agent for this purpose), receipt of such fax, email fax or letter to be promptly confirmed by the Foreign Trade Facility Agent by telephone to a number agreed with the relevant Borrower for this purpose; , provided that in such case explicit reference must has to be made to this Agreement, Agreement and the Foreign Trade Facility Agent shall in such case not be held responsible for a delayed processing of such Utilization Request unless such delayed processing is caused by gross negligence or willful misconduct (each as determined in a final and non-appealable judgment of a court of competent jurisdiction) on the part of the Foreign Trade Facility Agent following the confirmation of the receipt of the relevant fax, email fax or letter. It is acknowledged that As the Foreign Trade Facility Agent will not, in the event a Utilization Request is submitted by fax, or emailtelefax, be in a position to verify whether such Utilization Request has been duly authorized and sent by the relevant Borrower, and each Borrower hereby agrees that the Foreign Trade Facility Agent shall be entitled to execute all Utilization Requests received by fax or email telefax if on their face such fax telefax letters or emails appear seem to be duly authorized and executed or sent by persons acting on behalf of such Borrower who have been identified as authorized signatories in annex 1.3.1 (or any replacement annex) to the DB Direct Internet Agreement or in the officer’s 's certificate furnished pursuant to Section 4.2(i4.1(i). Neither the Foreign Trade Facility Agent nor any of the Lenders shall be held liable for the execution of any forged Utilization Request received by fax or email telefax except where the forgery is evident on the face of the forged Utilization Request furnished to such Person or the Foreign Trade Facility Agent or the respective FCI Foreign Issuing Lender acted with in gross negligence or willful misconduct (each as determined in a final and non-appealable judgment of a court of competent jurisdiction) with respect to such Utilization Requestmisconduct. No Utilization Request will be regarded as having been duly completed unless: (i) the requested undertaking Foreign Credit Instrument would constitute a Warranty Guarantee, a Performance Guarantee, an Advance Payment Guarantee, a Tender Guarantee, a Counter-Guarantee, Guarantee or a General Purpose Guarantee or with respect to a Bilateral FCI, a Trade LCGuarantee; (ii) such Utilization Request and the terms and conditions proposed wording (if any) for the requested FCI are in the English language (or, if not in the English language, then in the sole discretion of the Foreign Trade Facility Agent or the applicable Participation FCI Issuing Lender or Bilateral FCI Issuing Lender, must be accompanied by an English translation certified by the relevant Borrower to be a true and correct English translation that the Foreign Trade Facility Agent and such Participation FCI Issuing Lender or Bilateral FCI Issuing Lender, as applicable, shall be entitled to rely upon) and Credit Instrument is in accordance with the Mandatory Requirements; (iii) the requested FCI Foreign Credit Instrument is denominated in a Permitted Currency or any other currency agreed by the applicable FCI Foreign Issuing Lender and determined by the Foreign Trade Facility AgentAgent as the Foreign Issuing Lender to issue the requested Foreign Credit Instrument in accordance with Section 2.6(g); (iv) the specific expiry date of the requested FCI (A) is Foreign Credit Instrument, which must not stated by reference be linked to any events in the underlying contract, (B) contract and which is not subject to conflicting any interpretation, and (C) or, if the requested FCI Foreign Credit Instrument does not provide for such determination of a specific expiry date, the Commercial Lifetime falls Lifetime, shall fall within the Permitted Maturity; (v) the obligor of the obligations to be supported secured by the requested FCI Foreign Credit Instrument is named;; and (vi) upon issuance of the requested FCI Foreign Credit Instrument (for this purpose such FCI Foreign Credit Instrument is deemed to be issued at the time of receipt of the Utilization Request therefor by the Foreign Trade Facility Agent), the thresholds for the different types of FCIs Foreign Credit Instruments set forth under Section 2.6(d) would not be exceeded; (vii) an FCI Issuing Lender is determined pursuant to the terms hereof; (viii) the Utilization Request is in compliance with Section 2.6(d); and (ix) the Utilization Request indicates whether the applicable Borrower requests a Bilateral FCI or Participation FCI to be issued. Only one FCI Foreign Credit Instrument may be requested in each Utilization Request. A Utilization Request may only be revoked by the relevant Borrower (x) until the Foreign Trade Facility Agent has forwarded the Utilization Request to the relevant FCI Foreign Issuing Lender in accordance with Section 2.6(g), by giving notice to the Foreign Trade Facility Agent or (y) thereafter, by giving notice to the relevant FCI Foreign Issuing Lender which has to be received by such FCI Issuing Lender at a time when such FCI Issuing Lender will, with reasonable efforts, still be in a position to stop the delivery of the relevant FCI Foreign Credit Instrument to the relevant beneficiary or any other Person as instructed by such Borrower. In such case, the relevant FCI Foreign Issuing Lender shall promptly inform the Foreign Trade Facility Agent and the relevant Borrower that the requested FCI Foreign Credit Instrument has not been issued. No FCI Foreign Issuing Lender shall be required to issue an FCI a Foreign Credit Instrument in any jurisdiction that would impose withholding taxes on any payments in respect of such FCIForeign Credit Instrument.

Procedure for Issuance and Reversals. Each Borrower may, at any time and from time to time during the period from the Funding Date until the Foreign Trade Maturity Date, request the issuance of FCIs or an extension or other amendment of any outstanding FCI by sending to the Foreign Trade Facility Agent a duly completed request for issuance (each, a “Utilization Request”) by electronic transfer using the db direct internet or replacement communications facility in accordance with the terms of the DB Direct Internet Agreement. If for technical reasons it should not be possible to make a request for issuance through db direct internet (or such replacement communications facility), such request may be made (to be pre-advised by the relevant Borrower) via fax, via email or by letter, in substantially the form of Exhibit H, in each case to the Foreign Trade Facility Agent as specified in Section 9.1 (or to a fax number, email address or other address agreed with the Foreign Trade Facility Agent for this purpose), receipt of such fax, email or letter to be promptly confirmed by the Foreign Trade Facility Agent to the relevant Borrower for this purpose; provided that in such case explicit reference must be made to this Agreement, and the Foreign Trade Facility Agent shall in such case not be held responsible for a delayed processing of such Utilization Request unless such delayed processing is caused by gross negligence or willful misconduct (each as determined in a final and non-appealable judgment of a court of competent jurisdiction) on the part of the Foreign Trade Facility Agent following the confirmation of the receipt of the relevant fax, email or letter. It is acknowledged that the Foreign Trade Facility Agent will not, in the event a Utilization Request is submitted by fax, or email, be in a position to verify whether such Utilization Request has been duly authorized and sent by the relevant Borrower, and each Borrower hereby agrees that the Foreign Trade Facility Agent shall be entitled to execute all Utilization Requests received by fax or email if on their face such fax letters or emails appear to be duly authorized and executed or sent by persons acting on behalf of such Borrower who have been identified as authorized signatories in annex 1.3.1 (or any replacement annex) to the DB Direct Internet Agreement or in the officer’s certificate furnished on the Funding Date pursuant to Section 4.2(i)this Agreement. Neither the Foreign Trade Facility Agent nor any of the Lenders shall be held liable for the execution of any forged Utilization Request received by fax or email except where the forgery is evident on the face of the forged Utilization Request furnished to such Person or the Foreign Trade Facility Agent or the respective FCI Issuing Lender acted with gross negligence or willful misconduct (each as determined in a final and non-appealable judgment of a court of competent jurisdiction) with respect to such Utilization Request. No Utilization Request will be regarded as having been duly completed unless: (i) the requested undertaking would constitute a Warranty Guarantee, a Performance Guarantee, an Advance Payment Guarantee, a Tender Guarantee, a Counter-Guarantee, a General Purpose Guarantee or with respect to a Bilateral FCI, a Trade LC; (ii) such Utilization Request and the terms and conditions for the requested FCI are in the English language (or, if not in the English language, then in the sole discretion of the Foreign Trade Facility Agent or the applicable Participation FCI Issuing Lender or Bilateral FCI Issuing Lender, must be accompanied by an English translation certified by the relevant Borrower to be a true and correct English translation that the Foreign Trade Facility Agent and such Participation FCI Issuing Lender or Bilateral FCI Issuing Lender, as applicable, shall be entitled to rely upon) and in accordance with the Mandatory Requirements; (iii) the requested FCI is denominated in a Permitted Currency or any other currency agreed by the applicable FCI Issuing Lender and the Foreign Trade Facility Agent; (iv) the expiry date of the requested FCI (A) is not stated by reference to any events in the underlying contract, (B) is not subject to conflicting interpretation, and (C) if the requested FCI does not provide for determination of a specific expiry date, the Commercial Lifetime falls within the Permitted Maturity; (v) the obligor of the obligations to be supported by the requested FCI is named; (vi) upon issuance of the requested FCI (for this purpose such FCI is deemed to be issued at the time of receipt of the Utilization Request therefor by the Foreign Trade Facility Agent), the thresholds for the different types of FCIs set forth under Section 2.6(d) would not be exceeded; (vii) an FCI Issuing Lender is determined pursuant to the terms hereof; (viii) the Utilization Request is in compliance with Section 2.6(d); and (ix) the Utilization Request indicates whether the applicable Borrower requests a Bilateral FCI or Participation FCI to be issued. Only one FCI may be requested in each Utilization Request. A Utilization Request may only be revoked by the relevant Borrower (x) until the Foreign Trade Facility Agent has forwarded the Utilization Request to the relevant FCI Issuing Lender in accordance with Section 2.6(g), by giving notice to the Foreign Trade Facility Agent or (y) thereafter, by giving notice to the relevant FCI Issuing Lender which has to be received by such FCI Issuing Lender at a time when such FCI Issuing Lender will, with reasonable efforts, still be in a position to stop the delivery of the relevant FCI to the relevant beneficiary or any other Person as instructed by such Borrower. In such case, the relevant FCI Issuing Lender shall promptly inform the Foreign Trade Facility Agent and the relevant Borrower that the requested FCI has not been issued. No FCI Issuing Lender shall be required to issue an FCI in any jurisdiction that would impose withholding taxes on any payments in respect of such FCI.

Procedure for Issuance and Reversals. Each Borrower may, at any time and from time to time during the period from the Funding Effective Date until the Foreign Trade Maturity Date, request the issuance of FCIs Foreign Credit Instruments or an extension or other amendment of any outstanding FCI Foreign Credit Instrument by sending to the Foreign Trade Facility Agent a duly completed request for issuance (each, a “Utilization Request”) by electronic transfer using the db direct internet or replacement communications facility in accordance with the terms of the DB Direct Internet Agreement. If Only if for technical reasons it should not be possible to make a request for issuance through db direct internet (or such replacement communications facility)internet, such request may be made (to be pre-advised by telephone by the relevant Borrower) via fax, via email fax or by letter, in substantially the form of Exhibit HK, in each case to the Foreign Trade Facility Agent as specified in Section 9.1 (or to a fax number, email address number or other address agreed with the Foreign Trade Facility Agent for this purpose), receipt of such fax, email fax or letter to be promptly confirmed by the Foreign Trade Facility Agent by telephone to a number agreed with the relevant Borrower for this purpose; , provided that in such case explicit reference must has to be made to this Agreement, Agreement and the Foreign Trade Facility Agent shall in such case not be held responsible for a delayed processing of such Utilization Request unless such delayed processing is caused by gross negligence or willful misconduct (each as determined in a final and non-appealable judgment of a court of competent jurisdiction) on the part of the Foreign Trade Facility Agent following the confirmation of the receipt of the relevant fax, email fax or letter. It is acknowledged that As the Foreign Trade Facility Agent will not, in the event a Utilization Request is submitted by fax, or emailtelefax, be in a position to verify whether such Utilization Request has been duly authorized and sent by the relevant Borrower, and each Borrower hereby agrees that the Foreign Trade Facility Agent shall be entitled to execute all Utilization Requests received by fax or email telefax if on their face such fax telefax letters or emails appear seem to be duly authorized and executed or sent by persons acting on behalf of such Borrower who have been identified as authorized signatories in annex 1.3.1 (or any replacement annex) to the DB Direct Internet Agreement or in the officer’s certificate furnished pursuant to Section 4.2(i4.1(i). Neither the Foreign Trade Facility Agent nor any of the Lenders shall be held liable for the execution of any forged Utilization Request received by fax or email telefax except where the forgery is evident on the face of the forged Utilization Request furnished to such Person or the Foreign Trade Facility Agent or the respective FCI Foreign Issuing Lender acted with in gross negligence or willful misconduct (each as determined in a final and non-appealable judgment of a court of competent jurisdiction) with respect to such Utilization Requestmisconduct. No Utilization Request will be regarded as having been duly completed unless: (i) the requested undertaking Foreign Credit Instrument would constitute a Warranty Guarantee, a Performance Guarantee, an Advance Payment Guarantee, a Tender Guarantee, a Counter-Guarantee, Guarantee or a General Purpose Guarantee or with respect to a Bilateral FCI, a Trade LCGuarantee; (ii) such Utilization Request and the terms and conditions proposed wording (if any) for the requested FCI are in the English language (or, if not in the English language, then in the sole discretion of the Foreign Trade Facility Agent or the applicable Participation FCI Issuing Lender or Bilateral FCI Issuing Lender, must be accompanied by an English translation certified by the relevant Borrower to be a true and correct English translation that the Foreign Trade Facility Agent and such Participation FCI Issuing Lender or Bilateral FCI Issuing Lender, as applicable, shall be entitled to rely upon) and Credit Instrument is in accordance with the Mandatory Requirements; (iii) the requested FCI Foreign Credit Instrument is denominated in a Permitted Currency or any other currency agreed by the applicable FCI Foreign Issuing Lender and determined by the Foreign Trade Facility AgentAgent as the Foreign Issuing Lender to issue the requested Foreign Credit Instrument in accordance with Section 2.6(g); (iv) the specific expiry date of the requested FCI (A) is Foreign Credit Instrument, which must not stated by reference be linked to any events in the underlying contract, (B) contract and which is not subject to conflicting any interpretation, and (C) or, if the requested FCI Foreign Credit Instrument does not provide for such determination of a specific expiry date, the Commercial Lifetime falls Lifetime, shall fall within the Permitted Maturity; (v) the obligor of the obligations to be supported secured by the requested FCI Foreign Credit Instrument is named;; and (vi) upon issuance of the requested FCI Foreign Credit Instrument (for this purpose such FCI Foreign Credit Instrument is deemed to be issued at the time of receipt of the Utilization Request therefor by the Foreign Trade Facility Agent), the thresholds for the different types of FCIs Foreign Credit Instruments set forth under Section 2.6(d) would not be exceeded; (vii) an FCI Issuing Lender is determined pursuant to the terms hereof; (viii) the Utilization Request is in compliance with Section 2.6(d); and (ix) the Utilization Request indicates whether the applicable Borrower requests a Bilateral FCI or Participation FCI to be issued. Only one FCI Foreign Credit Instrument may be requested in each Utilization Request. A Utilization Request may only be revoked by the relevant Borrower (x) until the Foreign Trade Facility Agent has forwarded the Utilization Request to the relevant FCI Foreign Issuing Lender in accordance with Section 2.6(g), by giving notice to the Foreign Trade Facility Agent or (y) thereafter, by giving notice to the relevant FCI Foreign Issuing Lender which has to be received by such FCI Issuing Lender at a time when such FCI Issuing Lender will, with reasonable efforts, still be in a position to stop the delivery of the relevant FCI Foreign Credit Instrument to the relevant beneficiary or any other Person as instructed by such Borrower. In such case, the relevant FCI Foreign Issuing Lender shall promptly inform the Foreign Trade Facility Agent and the relevant Borrower that the requested FCI Foreign Credit Instrument has not been issued. No FCI Foreign Issuing Lender shall be required to issue an FCI a Foreign Credit Instrument in any jurisdiction that would impose withholding taxes on any payments in respect of such FCIForeign Credit Instrument.

Procedure for Issuance and Reversals. Each Borrower may, at any time and from time to time during the period from the Funding Effective Date until the Foreign Trade Maturity Date, request the issuance of FCIs or an extension or other amendment of any outstanding FCI by sending to the Foreign Trade Facility Agent a duly completed request for issuance (each, a “Utilization Request”) by electronic transfer using the db direct internet or replacement communications facility in accordance with the terms of the DB Direct Internet Agreement. If for technical reasons it should not be possible to make a request for issuance through db direct internet (or such replacement communications facility), such request may be made (to be pre-advised by the relevant Borrower) via fax, via email or by letter, in substantially the form of Exhibit H, in each case to the Foreign Trade Facility Agent as specified in Section 9.1 (or to a fax number, email address or other address agreed with the Foreign Trade Facility Agent for this purpose), receipt of such fax, email or letter to be promptly confirmed by the Foreign Trade Facility Agent to the relevant Borrower for this purpose; provided that in such case explicit reference must be made to this Agreement, and the Foreign Trade Facility Agent shall in such case not be held responsible for a delayed processing of such Utilization Request unless such delayed processing is caused by gross negligence or willful misconduct (each as determined in a final and non-appealable judgment of a court of competent jurisdiction) on the part of the Foreign Trade Facility Agent following the confirmation of the receipt of the relevant fax, email or letter. It is acknowledged that the Foreign Trade Facility Agent will not, in the event a Utilization Request is submitted by fax, or email, be in a position to verify whether such Utilization Request has been duly authorized and sent by the relevant Borrower, and each Borrower hereby agrees that the Foreign Trade Facility Agent shall be entitled to execute all Utilization Requests received by fax or email if on their face such fax letters or emails appear to be duly authorized and executed or sent by persons acting on behalf of such Borrower who have been identified as authorized signatories in annex 1.3.1 (or any replacement annex) to the DB Direct Internet Agreement or in the officer’s certificate furnished pursuant to Section 4.2(i4.1(f). Neither the Foreign Trade Facility Agent nor any of the Lenders shall be held liable for the execution of any forged Utilization Request received by fax or email except where the forgery is evident on the face of the forged Utilization Request furnished to such Person or the Foreign Trade Facility Agent or the respective FCI Issuing Lender acted with gross negligence or willful misconduct (each as determined in a final and non-appealable judgment of a court of competent jurisdiction) with respect to such Utilization Request. No Utilization Request will be regarded as having been duly completed unless: (i) the requested undertaking would constitute a Warranty Guarantee, a Performance Guarantee, an Advance Payment Guarantee, a Tender Guarantee, a Counter-Guarantee, a General Purpose Guarantee or with respect to a Bilateral FCI, a Trade LC; (ii) such Utilization Request and the terms and conditions for the requested FCI are in the English language (or, if not in the English language, then in the sole discretion of the Foreign Trade Facility Agent or the applicable Participation FCI Issuing Lender or Bilateral FCI Issuing Lender, must be accompanied by an English translation certified by the relevant Borrower to be a true and correct English translation that the Foreign Trade Facility Agent and such Participation FCI Issuing Lender or Bilateral FCI Issuing Lender, as applicable, shall be entitled to rely upon) and in accordance with the Mandatory Requirements); (iii) the requested FCI is denominated in a Permitted Currency or any other currency agreed by the applicable FCI Issuing Lender and the Foreign Trade Facility Agent; (iv) the expiry date of the requested FCI (A) is not stated by reference to any events in the underlying contract, (B) is not subject to conflicting interpretation, and (C) if the requested FCI does not provide for determination of a specific expiry date, the Commercial Lifetime falls within the Permitted Maturity; (v) the obligor of the obligations to be supported by the requested FCI is named; (vi) upon issuance of the requested FCI (for this purpose such FCI is deemed to be issued at the time of receipt of the Utilization Request therefor by the Foreign Trade Facility Agent), the thresholds for the different types of FCIs set forth under Section 2.6(d) would not be exceeded; (vii) an FCI Issuing Lender is determined pursuant to the terms hereof;; and (viii) the Utilization Request is in compliance with Section 2.6(d); and (ix) the Utilization Request indicates whether the applicable Borrower requests a Bilateral FCI or Participation FCI to be issued. Only one FCI may be requested in each Utilization Request. A Utilization Request may only be revoked by the relevant Borrower (x) until the Foreign Trade Facility Agent has forwarded the Utilization Request to the relevant FCI Issuing Lender in accordance with Section 2.6(g), by giving notice to the Foreign Trade Facility Agent or (y) thereafter, by giving notice to the relevant FCI Issuing Lender which has to be received by such FCI Issuing Lender at a time when such FCI Issuing Lender will, with reasonable efforts, still be in a position to stop the delivery of the relevant FCI to the relevant beneficiary or any other Person as instructed by such Borrower. In such case, the relevant FCI Issuing Lender shall promptly inform the Foreign Trade Facility Agent and the relevant Borrower that the requested FCI has not been issued. No FCI Issuing Lender shall be required to issue an FCI in any jurisdiction that would impose withholding taxes on any payments in respect of such FCI.

Procedure for Issuance and Reversals. Each Borrower may, at any time and from time to time during the period from the Funding Effective Date until the Foreign Trade Maturity Date, request the issuance of FCIs Foreign Credit Instruments or an extension or other amendment of any outstanding FCI Foreign Credit Instrument by sending to the Foreign Trade Facility Agent a duly completed request for issuance (each, a “Utilization Request”) by electronic transfer using the db direct internet or replacement communications facility in accordance with the terms of the DB Direct Internet Agreement. If for technical reasons it should not be possible to make a request for issuance through db direct internet (or such replacement communications facility), such request may be made (to be pre-advised by the relevant Borrower) via fax, via email or by letter, in substantially the form of Exhibit HI, in each case to the Foreign Trade Facility Agent as specified in Section 9.1 (or to a fax number, email address or other address agreed with the Foreign Trade Facility Agent for this purpose), receipt of such fax, email or letter to be promptly confirmed by the Foreign Trade Facility Agent to the relevant Borrower for this purpose; provided that in such case explicit reference must has to be made to this Agreement, Agreement and the Foreign Trade Facility Agent shall in such case not be held responsible for a delayed processing of such Utilization Request unless such delayed processing is caused by gross negligence or willful misconduct (each as determined in a final and non-appealable judgment of a court of competent jurisdiction) on the part of the Foreign Trade Facility Agent following the confirmation of the receipt of the relevant fax, email or letter. It is acknowledged that As the Foreign Trade Facility Agent will not, in the event a Utilization Request is submitted by fax, or email, be in a position to verify whether such Utilization Request has been duly authorized and sent by the relevant Borrower, and each Borrower hereby agrees that the Foreign Trade Facility Agent shall be entitled to execute all Utilization Requests received by fax or email if on their face such fax letters or emails appear seem to be duly authorized and executed or sent by persons acting on behalf of such Borrower who have been identified as authorized signatories in annex 1.3.1 (or any replacement annex) to the DB Direct Internet Agreement or in the officer’s certificate furnished pursuant to Section 4.2(i4.1(h). Neither the Foreign Trade Facility Agent nor any of the Lenders shall be held liable for the execution of any forged Utilization Request received by fax or email except where the forgery is evident on the face of the forged Utilization Request furnished to such Person or the Foreign Trade Facility Agent or the respective FCI Foreign Issuing Lender acted with gross negligence or willful misconduct (each as determined in a final and non-appealable judgment of a court of competent jurisdiction) with respect to such Utilization Request. No Utilization Request will be regarded as having been duly completed unless: (i) the requested undertaking would constitute a Warranty Guarantee, a Performance Guarantee, an Advance Payment Guarantee, a Tender Guarantee, a Counter-Guarantee, Guarantee or a General Purpose Guarantee or with respect to a Bilateral FCI, a Trade LCGuarantee; (ii) such Utilization Request and the terms and conditions for the requested FCI Foreign Credit Instrument are in the English language (orcase of a Participation Foreign Credit Instrument, if not in the English language, then in the sole discretion of the Foreign Trade Facility Agent or the applicable Participation FCI Issuing Lender or Bilateral FCI Issuing Lender, must be accompanied by an English translation certified by the relevant Borrower to be a true and correct English translation that the Foreign Trade Facility Agent and such Participation FCI Issuing Lender or Bilateral FCI Issuing Lender, as applicable, shall be entitled to rely upon) and in accordance with the Mandatory Requirements; (iii) the requested FCI Foreign Credit Instrument is denominated in a Permitted Currency or any other currency agreed by the applicable FCI Foreign Issuing Lender and the Foreign Trade Facility Agent; (iv) the specific expiry date of the requested FCI (A) is Foreign Credit Instrument, which must not be stated by reference to any events in the underlying contract, (B) contract and which is not subject to conflicting any interpretation, and (C) or, if the requested FCI Foreign Credit Instrument does not provide for such determination of a specific expiry date, the Commercial Lifetime falls Lifetime, shall fall within the Permitted Maturity; (v) the obligor of the obligations to be supported by the requested FCI Foreign Credit Instrument is named; (vi) upon issuance of the requested FCI Foreign Credit Instrument (for this purpose such FCI Foreign Credit Instrument is deemed to be issued at the time of receipt of the Utilization Request therefor by the Foreign Trade Facility Agent), the thresholds for the different types of FCIs Foreign Credit Instruments set forth under Section 2.6(d) would not be exceeded; (vii) an FCI a Foreign Issuing Lender is determined pursuant to the terms hereof; (viii) the Utilization Request is in compliance with Section 2.6(d); and (ix) the Utilization Request indicates whether the applicable a Borrower requests a Bilateral FCI Foreign Credit Instrument or Participation FCI Foreign Credit Instrument to be issued. Only one FCI Foreign Credit Instrument may be requested in each Utilization Request. A Utilization Request may only be revoked by the relevant Borrower (x) until the Foreign Trade Facility Agent has forwarded the Utilization Request to the relevant FCI Foreign Issuing Lender in accordance with Section 2.6(g), by giving notice to the Foreign Trade Facility Agent or (y) thereafter, by giving notice to the relevant FCI Foreign Issuing Lender which has to be received by such FCI Foreign Issuing Lender at a time when such FCI Foreign Issuing Lender will, with reasonable efforts, still be in a position to stop the delivery of the relevant FCI Foreign Credit Instrument to the relevant beneficiary or any other Person as instructed by such Borrower. In such case, the relevant FCI Foreign Issuing Lender shall promptly inform the Foreign Trade Facility Agent and the relevant Borrower that the requested FCI Foreign Credit Instrument has not been issued. No FCI Foreign Issuing Lender shall be required to issue an FCI a Foreign Credit Instrument in any jurisdiction that would impose withholding taxes on any payments in respect of such FCIForeign Credit Instrument.

Procedure for Issuance and Reversals. Each Borrower may, at any time and from time to time during the period from the Funding Effective Date until the Foreign Trade Maturity Date, request the issuance of FCIs Foreign Credit Instruments or an extension or other amendment of any outstanding FCI Foreign Credit Instrument by sending to the Foreign Trade Facility Agent a duly completed request for issuance (each, a “Utilization Request”) by electronic transfer using the db direct internet or replacement communications facility in accordance with the terms of the DB Direct Internet Agreement. If for technical reasons it should not be possible to make a request for issuance through db direct internet (or such replacement communications facility), such request may be made (to be pre-advised by the relevant Borrower) via fax, via email or by letter, in substantially the form of Exhibit HI, in each case to the Foreign Trade Facility Agent as specified in Section 9.1 (or to a fax number, email address or other address agreed with the Foreign Trade Facility Agent for this purpose), receipt of such fax, email or letter to be promptly confirmed by the Foreign Trade Facility Agent to the relevant Borrower for this purpose; provided that in such case explicit reference must has to be made to this Agreement, Agreement and the Foreign Trade Facility Agent shall in such case not be held responsible for a delayed processing of such Utilization Request unless such delayed processing is caused by gross negligence or willful misconduct (each as determined in a final and non-appealable judgment of a court of competent jurisdiction) on the part of the Foreign Trade Facility Agent following the confirmation of the receipt of the relevant fax, email or letter. It is acknowledged that As the Foreign Trade Facility Agent will not, in the event a Utilization Request is submitted by fax, or email, be in a position to verify whether such Utilization Request has been duly authorized and sent by the relevant Borrower, and each Borrower hereby agrees that the Foreign Trade Facility Agent shall be entitled to execute all Utilization Requests received by fax or email if on their face such fax letters or emails appear seem to be duly authorized and executed or sent by persons acting on behalf of such Borrower who have been identified as authorized signatories in annex 1.3.1 1. 3.1 (or any replacement annex) to the DB Direct Internet Agreement or in the officer’s certificate furnished pursuant to Section 4.2(i4.1(h). Neither the Foreign Trade Facility Agent nor any of the Lenders shall be held liable for the execution of any forged Utilization Request received by fax or email except where the forgery is evident on the face of the forged Utilization Request furnished to such Person or the Foreign Trade Facility Agent or the respective FCI Foreign Issuing Lender acted with gross negligence or willful misconduct (each as determined in a final and non-appealable judgment of a court of competent jurisdiction) with respect to such Utilization Request. No Utilization Request will be regarded as having been duly completed unless: (i) the requested undertaking would constitute a Warranty Guarantee, a Performance Guarantee, an Advance Payment Guarantee, a Tender Guarantee, a Counter-Guarantee, Guarantee or a General Purpose Guarantee or with respect to a Bilateral FCI, a Trade LCGuarantee; (ii) such Utilization Request and the terms and conditions for the requested FCI Foreign Credit Instrument are in the English language (or, if not in the English language, then in the sole discretion of the Foreign Trade Facility Agent or the applicable Participation FCI Issuing Lender or Bilateral FCI Issuing Lender, must be accompanied by an English translation certified by the relevant Borrower to be a true and correct English translation that the Foreign Trade Facility Agent and such Participation FCI Issuing Lender or Bilateral FCI Issuing Lender, as applicable, shall be entitled to rely upon) and in accordance with the Mandatory Requirements; (iii) the requested FCI Foreign Credit Instrument is denominated in a Permitted Currency or any other currency agreed by the applicable FCI Foreign Issuing Lender and the Foreign Trade Facility Agent; (iv) the specific expiry date of the requested FCI (A) is Foreign Credit Instrument, which must not be stated by reference to any events in the underlying contract, (B) contract and which is not subject to conflicting any interpretation, and (C) or, if the requested FCI Foreign Credit Instrument does not provide for such determination of a specific expiry date, the Commercial Lifetime falls Lifetime, shall fall within the Permitted Maturity; (v) the obligor of the obligations to be supported by the requested FCI Foreign Credit Instrument is named; (vi) upon issuance of the requested FCI Foreign Credit Instrument (for this purpose such FCI Foreign Credit Instrument is deemed to be issued at the time of receipt of the Utilization Request therefor by the Foreign Trade Facility Agent), the thresholds for the different types of FCIs Foreign Credit Instruments set forth under Section 2.6(d) would not be exceeded; (vii) an FCI a Foreign Issuing Lender is determined pursuant to the terms hereof; (viii) the Utilization Request is in compliance with Section 2.6(d); and (ix) the Utilization Request indicates whether the applicable a Borrower requests a Bilateral FCI Foreign Credit Instrument or Participation FCI Foreign Credit Instrument to be issued. Only one FCI Foreign Credit Instrument may be requested in each Utilization Request. A Utilization Request may only be revoked by the relevant Borrower (x) until the Foreign Trade Facility Agent has forwarded the Utilization Request to the relevant FCI Foreign Issuing Lender in accordance with Section 2.6(g), by giving notice to the Foreign Trade Facility Agent or (y) thereafter, by giving notice to the relevant FCI Foreign Issuing Lender which has to be received by such FCI Foreign Issuing Lender at a time when such FCI Foreign Issuing Lender will, with reasonable efforts, still be in a position to stop the delivery of the relevant FCI Foreign Credit Instrument to the relevant beneficiary or any other Person as instructed by such Borrower. In such case, the relevant FCI Foreign Issuing Lender shall promptly inform the Foreign Trade Facility Agent and the relevant Borrower that the requested FCI Foreign Credit Instrument has not been issued. No FCI Foreign Issuing Lender shall be required to issue an FCI a Foreign Credit Instrument in any jurisdiction that would impose withholding taxes on any payments in respect of such FCIForeign Credit Instrument.

Procedure for Issuance and Reversals. Each Borrower may, at any time and from time to time during the period from the Funding Effective Date until the Foreign Trade Maturity Date, request the issuance of FCIs or an extension or other amendment of any outstanding FCI by sending to the Foreign Trade Facility Agent a duly completed request for issuance (each, a “Utilization Request”) by electronic transfer using the db direct internet or replacement communications facility in accordance with the terms of the DB Direct Internet Agreement. If for technical reasons it should not be possible to make a request for issuance through db direct internet (or such replacement communications facility), such request may be made (to be pre-advised by the relevant Borrower) via fax, via email or by letter, in substantially the form of Exhibit H, in each case to the Foreign Trade Facility Agent as specified in Section 9.1 (or to a fax number, email address or other address agreed with the Foreign Trade Facility Agent for this purpose), receipt of such fax, email or letter to be promptly confirmed by the Foreign Trade Facility Agent to the relevant Borrower for this purpose; provided that provided, that, in such case explicit reference must be made to this Agreement, and the Foreign Trade Facility Agent shall in such case not be held responsible for a delayed processing of such Utilization Request unless such delayed processing is caused by gross negligence or willful misconduct (each as determined in a final and non-appealable judgment of a court of competent jurisdiction) on the part of the Foreign Trade Facility Agent following the confirmation of the receipt of the relevant fax, email or letter. It is acknowledged that the Foreign Trade Facility Agent will not, in the event a Utilization Request is submitted by fax, or email, be in a position to verify whether such Utilization Request has been duly authorized and sent by the relevant Borrower, and each Borrower hereby agrees that the Foreign Trade Facility Agent shall be entitled to execute all Utilization Requests received by fax or email if on their face such fax letters or emails appear to be duly authorized and executed or sent by persons acting on behalf of such Borrower Xxxxxxxx who have been identified as authorized signatories in annex 1.3.1 (or any replacement annex) to the DB Direct Internet Agreement or in the officer’s certificate furnished pursuant to Section 4.2(i4.1(i). Neither the Foreign Trade Facility Agent nor any of the Lenders shall be held liable for the execution of any forged Utilization Request received by fax or email except where the forgery is evident on the face of the forged Utilization Request furnished to such Person or the Foreign Trade Facility Agent or the respective FCI Issuing Lender acted with gross negligence or willful misconduct (each as determined in a final and non-appealable judgment of a court of competent jurisdiction) with respect to such Utilization Request. No Utilization Request will be regarded as having been duly completed completed, unless: (i) the requested undertaking would constitute a Warranty Guarantee, a Performance Guarantee, an Advance Payment Guarantee, a Tender Guarantee, a Counter-Guarantee, a General Purpose Guarantee or with respect to a Bilateral FCI, a Trade LC; (ii) such Utilization Request and the terms and conditions for the requested FCI are in the English language (or, if not in the English language, then in the sole discretion of the Foreign Trade Facility Agent or the applicable Participation FCI Issuing Lender or Bilateral FCI Issuing Lender, must be accompanied by an English translation certified by the relevant Borrower to be a true and correct English translation that the Foreign Trade Facility Agent and such Participation FCI Issuing Lender or Bilateral FCI Issuing Lender, as applicable, shall be entitled to rely upon) and in accordance with the Mandatory Requirements); (iii) the requested FCI is denominated in a Permitted Currency or any other currency agreed by the applicable FCI Issuing Lender and the Foreign Trade Facility Agent; (iv) the expiry date of the requested FCI FCI: (A) is not stated by reference to any events in the underlying contract, ; (B) is not subject to conflicting interpretation, ; and (C) if the requested FCI does not provide for determination of a specific expiry date, the Commercial Lifetime falls within the Permitted Maturity; (v) the obligor of the obligations to be supported by the requested FCI is named; (vi) upon issuance of the requested FCI (for this purpose such FCI is deemed to be issued at the time of receipt of the Utilization Request therefor by the Foreign Trade Facility Agent), the thresholds for the different types of FCIs set forth under Section 2.6(dclause (d) below would not be exceeded; (vii) an FCI Issuing Lender is determined pursuant to the terms hereof;; and (viii) the Utilization Request is in compliance with Section 2.6(d); and clause (ixd) the Utilization Request indicates whether the applicable Borrower requests a Bilateral FCI or Participation FCI to be issuedbelow. Only one (1) FCI may be requested in each Utilization Request. A Utilization Request may only be revoked by the relevant Borrower Borrower: (xI) until the Foreign Trade Facility Agent has forwarded the Utilization Request to the relevant FCI Issuing Lender in accordance with Section 2.6(g)clause (g) below, by giving notice to the Foreign Trade Facility Agent Agent; or (yII) thereafter, by giving notice to the relevant FCI Issuing Lender which has to be received by such FCI Issuing Lender at a time when such FCI Issuing Lender will, with reasonable efforts, still be in a position to stop the delivery of the relevant FCI to the relevant beneficiary or any other Person as instructed by such Borrower. In such case, the relevant FCI Issuing Lender shall promptly inform the Foreign Trade Facility Agent and the relevant Borrower that the requested FCI has not been issued. No FCI Issuing Lender shall be required to issue an FCI in any jurisdiction that would impose withholding taxes on any payments in respect of such FCI.