Common use of Suspension and Cancellation by Ex-Im Bank Clause in Contracts

Suspension and Cancellation by Ex-Im Bank. (a) If a Borrower fails to pay when due any amount owing under any Fee Letter, any Credit Agreement, or any Note with respect to a Credit, or if any other Event of Default should occur and be continuing, then Ex-Im Bank, by written notice to the Lender, the Borrower and any Guarantor, may: (i) suspend further Utilizations of the Credit until Ex-Im Bank is satisfied that the cause of such suspension has been removed; or (ii) cancel the unutilized and uncancelled amount of the Credit; provided, however, that Ex-Im Bank shall not suspend or cancel any portion of the Credit for which Letters of Credit have been issued, advised or confirmed. (b) If all conditions precedent to first Utilization provided in the relevant Credit Agreement and in this Agreement with respect to a Transaction are not fulfilled to the sole satisfaction of Ex-Im Bank on or prior to the “Required Operative Date” specified in the Credit Agreement, then after taking into account the circumstances of such failure, Ex-Im Bank, by written notice to the Lender, the Borrower, and any Guarantor, may cancel the Credit. (c) In the event of a cancellation of all or part of a Credit by Ex-Im Bank: (i) if the Lender is the “Applicant” named on the relevant Ex-Im Bank Application, the Lender shall pay, or cause the Borrower to pay or cause to be paid, to Ex-Im Bank all commitment fees accrued and unpaid under Section 7.01; and (ii) the Lender shall pay, or cause the Borrower to pay or cause to be paid to Ex-Im Bank all other amounts due and payable under this Agreement as of such date. In each Transaction, the Lender’s duty under clause (i) of this Section 10.08(c) shall be satisfied by the delivery to Ex-Im Bank of the Fee Letter referred to in Section 7.01(a)(ii).

Suspension and Cancellation by Ex-Im Bank. (a) If a Borrower Lessee fails to pay when due any amount owing under any Fee Letter, any Credit Agreement, Lease Agreement or any Note Lease Supplement with respect to a Credit, or if any other Event of Default should occur and be continuing, then Ex-Im Bank, by written notice to the LenderLessor, the Borrower Lessee and any Guarantor, may: : (i) suspend further Utilizations of the Credit until Ex-Im Bank is satisfied that the cause of such suspension has been removed; or or (ii) cancel the unutilized and uncancelled amount of the Credit; provided, however, that Ex-Im Bank . The Lessor shall not suspend cause any Lease Agreement to provide for suspensions or cancel any portion cancellations of the relevant Credit for which Letters of Credit have been issued, advised or confirmedin accordance with this Section 10.08. (b) If all conditions precedent to first Utilization provided in the relevant Credit Lease Agreement and in this Agreement with respect to a Transaction are not fulfilled to the sole satisfaction of Ex-Im Bank on or prior to the “"Required Operative Date” " specified in the Credit AgreementEx-Im Bank Approval, then after taking into account the circumstances of such failure, failure Ex-Im Bank, by written notice to the LenderLessor, the Borrower, Lessee and any Guarantor, may cancel the Credit. (c) In the event of a cancellation of all or part of a Credit by Ex-Im Bank: , (i) if the Lender Lessor is the “"Applicant” " named on the relevant Ex-Im Bank Application, the Lender Lessor shall pay, or cause the Borrower Lessee to pay or cause to be paid, to Ex-Im Bank all commitment fees accrued and unpaid under Section 7.01; 7.01 and (ii) the Lender shall pay, or cause the Borrower to pay or cause to be paid to Ex-Im Bank all other amounts due and payable under this Agreement as of such date. In each Transaction, the Lender’s duty under clause (i) of this Section 10.08(c) shall be satisfied by the delivery to Ex-Im Bank of the Fee Letter referred to in Section 7.01(a)(ii).

Suspension and Cancellation by Ex-Im Bank. (a) If a Borrower fails to pay when due any amount owing under any Fee Letter, any Credit Agreement, Agreement or any Note with respect to a Credit, or if such Credit is evidenced by an Ex-Im Bank M/T Credit Agreement, if any other Event of Default should occur and be continuing, then Ex-Im Bank, by written notice to the Lender, the Borrower and any Guarantor, may: : (i) suspend further Utilizations of the Credit until Ex-Im Bank is satisfied that the cause of such suspension has been removed; or or (ii) cancel the unutilized and uncancelled amount of the Credit; , provided, however, that Ex-Im Bank shall not suspend or cancel any portion of the Credit for which Letters of Credit have been issued, advised issued or confirmedconfirmed by the Lender. The Lender shall cause any Lender Credit Agreement to provide for suspensions or cancellations of the relevant Credit in accordance with this Section 10.08. (b) If all conditions precedent to first Utilization provided in the relevant Ex-Im Bank M/T Credit Agreement (if any) and in this Agreement with respect to a Transaction are not fulfilled to the sole satisfaction of Ex-Im Bank on or prior to the “"Required Operative Date” " specified in the Credit AgreementEx-Im Bank Approval, then after taking into account the circumstances of such failure, failure Ex-Im Bank, by written notice to the Lender, the Borrower, Borrower and any Guarantor, may cancel the Credit. (c) In the event of a cancellation of all or part of a Credit by Ex-Im Bank: , (i) if the Lender is the “"Applicant” " named on the relevant Ex-Im Bank Application, the Lender shall pay, or cause the Borrower to pay or cause to be paid, to Ex-Im Bank all commitment fees accrued and unpaid under Section 7.01; and 7.01 and (ii) the Lender shall pay, or cause the Borrower to pay or cause to be paid paid, to Ex-Im Bank all other amounts due and payable under this Agreement as of such date. In each Transaction, the Lender’s 's duty under clause (i) of this Section 10.08(c) shall be satisfied by the delivery to Ex-Im Bank of the Fee Letter referred to in Section 7.01(a)(ii).

Suspension and Cancellation by Ex-Im Bank. (a) If a Borrower fails to pay when due any amount owing under any Fee Letter, any Credit Agreement, or any Note with respect to a Credit, or if any other Event of Default should occur and be continuing, then Ex-Im Bank, by written notice to the LenderAgent, the Borrower and any Guarantor, may: (i) suspend further Utilizations of the Credit until Ex-Im Bank is satisfied that the cause of such suspension has been removed; or (ii) cancel the unutilized and uncancelled amount of the Credit; provided, however, that Ex-Im Bank shall not suspend or cancel any portion of the Credit for which Letters of Credit have been issued, advised or confirmed. The Agent shall promptly forward to the Lenders copies of any such written notice. (b) If all conditions precedent to first Utilization provided in the relevant Credit Agreement and in this Agreement with respect to a Transaction are not fulfilled to the sole satisfaction of Ex-Im Bank on or prior to the “Required Operative Date” specified in the Credit Agreement, then after taking into account the circumstances of such failure, Ex-Im Bank, by written notice to the LenderAgent, the Borrower, and any Guarantor, may cancel the Credit. The Agent shall promptly forward to the Lenders copies of any such written notice. (c) In the event of a cancellation of all or part of a Credit by Ex-Im Bank: (i) if the Lender Agent is the “Applicant” named on the relevant Ex-Im Bank Application, the Lender Agent shall pay, or cause the Borrower to pay or cause to be paid, to Ex-Im Ex- Im Bank all commitment fees accrued and unpaid under Section 7.01; and (ii) the Lender Agent shall pay, or cause the Borrower to pay or cause to be paid to Ex-Im Bank all other amounts due and payable under this Agreement as of such date. In each Transaction, the LenderAgent’s duty under clause (i) of this Section 10.08(c) shall be satisfied by the delivery to Ex-Im Bank of the Fee Letter referred to in Section 7.01(a)(ii).

Suspension and Cancellation by Ex-Im Bank. (a) If a Borrower fails to pay when due any amount owing under any Fee Letter, any Credit Agreement, Letter or any Note Debt Document with respect to a an Approved Credit, or if any other Event of Default should occur and be continuing, then Ex-Im Bank, by written notice to the Lender, the Borrower and any Guarantor, may: : (i) suspend further Utilizations of the relevant Approved Credit until Ex-Im Bank is satisfied that the cause of such suspension has been removed; or or (ii) cancel the unutilized and uncancelled amount of the relevant Approved Credit; , provided, however, that Ex-Im Bank shall not suspend or cancel any portion of the relevant Approved Credit for which Letters of Credit have been issued, advised issued or confirmedconfirmed by the Lender. The Lender shall cause any Debt Document (in the form of a credit agreement) to provide for suspensions or cancellations of the relevant Approved Credit in accordance with this Section 10.08. (b) If all conditions precedent to first Utilization provided in the relevant Credit Agreement and in this Agreement with respect to a Transaction are not fulfilled to the sole satisfaction of Ex-Im Bank on or prior to the “Required Operative Date” specified in the Credit Agreement, then after taking into account the circumstances of such failure, Ex-Im Bank, by written notice to the Lender, the Borrower, and any Guarantor, may cancel the Credit[Reserved.] (c) In the event of a cancellation of all or part of a an Approved Credit by Ex-Im Bank:, (i) if the Lender is the “Applicant” named on the relevant Ex-Im Bank Application, the Lender shall pay, or cause the Borrower to pay or cause to be paid, to Ex-Im Bank all commitment fees Commitment Fees accrued and unpaid under Section 7.01; and 7.01 and (ii) the Lender shall pay, or cause the Borrower to pay or cause to be paid paid, to Ex-Im Bank all other amounts due and payable under this Agreement as of such date. In each Transaction, the Lender’s duty under clause (i) of this Section 10.08(c) shall be satisfied by the delivery to Ex-Im Bank of the Fee Letter referred to in Section 7.01(a)(ii).

Suspension and Cancellation by Ex-Im Bank. (a) If a Borrower fails to pay when due any amount owing under any Fee Letter, any Credit Agreement, or any Note with respect to a Credit, or if any other Event of Default should occur and be continuing, then Ex-Im Bank, by written notice to the Lender, the Borrower and any Guarantor, may: (i) suspend further Utilizations of the Credit until Ex-Im Bank is satisfied that the cause of such suspension has been removed; or (ii) cancel the unutilized and uncancelled amount of the Credit; provided, however, that Ex-Im Bank shall not suspend or cancel any portion of the Credit for which Letters of Credit have been issued, advised or confirmed. (b) If all conditions precedent to first Utilization provided in the relevant Credit Agreement and in this Agreement with respect to a Transaction are not fulfilled to the sole satisfaction of Ex-Im Bank on or prior to the “Required Operative Date” specified in the Credit Agreement, then after taking into account the circumstances of such failure, Ex-Im Bank, by written notice to the Lender, the Borrower, and any Guarantor, may cancel the Credit. (c) In the event of a cancellation of all or part of a Credit by Ex-Im Bank: (i) if the Lender is the a “Applicant” named on the relevant Ex-Im Bank Applicationapplication, the Lender shall pay, or cause the Borrower to pay or cause to be paid, to Ex-Im Bank all commitment fees accrued and unpaid under Section 7.01; and (ii) the Lender shall pay, or cause the Borrower to pay or cause to be paid to Ex-Im Bank all other amounts due and payable under this Agreement as of such date. In each Transaction, the Lender’s duty under clause (i) of this Section 10.08(c) shall be satisfied by the delivery to Ex-Im Bank of the Fee Letter referred to in Section 7.01(a)(ii).