THE CURRENCY AND AMOUNT OF THE BANK
GUARANTEE COMPLY WITH CLAUSE 6.4 (CURRENCY AND AMOUNT);
(D)
THE FORM OF BANK GUARANTEE IS ATTACHED;
(E)
THE EXPIRY DATE OF THE BANK GUARANTEE
FALLS ON OR BEFORE THE TERMINATION DATE IN RELATION TO THE REVOLVING FACILITY;
(F)
THE TERM OF THE BANK GUARANTEE IS 12
MONTHS OR LESS;
(G)
THE DELIVERY INSTRUCTIONS FOR THE BANK
GUARANTEE ARE SPECIFIED; AND
(H)
IN THE CASE OF A UTILISATION REQUEST FOR
THE RENEWAL OF A BANK GUARANTEE THE TERMS SHALL BE THE SAME AS THOSE OF THE
RELEVANT BANK GUARANTEE IMMEDIATELY PRIOR TO ITS RENEWAL EXCEPT THAT:
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(I)
PARAGRAPH (D) ABOVE SHALL NOT APPLY;
(II)
ITS AMOUNT MAY BE LESS THAN THE AMOUNT OF THE BANK
GUARANTEE IMMEDIATELY PRIOR TO ITS RENEWAL; AND
(III)
ITS TERM SHALL START ON THE DATE WHICH WAS THE EXPIRY
DATE OF THE BANK GUARANTEE IMMEDIATELY PRIOR TO ITS RENEWAL AND SHALL END ON THE
PROPOSED EXPIRY DATE SPECIFIED IN THE RENEWAL UTILISATION REQUEST (WHICH FOR THE
AVOIDANCE OF DOUBT, SHALL BE NO LONGER THAN 12 MONTHS AFTER THE DATE OF THE
RELEVANT RENEWAL UTILISATION REQUEST).
6.4
CURRENCY AND AMOUNT
(A)
THE CURRENCY SPECIFIED IN A UTILISATION
REQUEST MUST BE THE BASE CURRENCY OR AN OPTIONAL CURRENCY.
(B)
THE AMOUNT OF THE PROPOSED BANK
GUARANTEE MUST BE AN AMOUNT WHOSE BASE CURRENCY AMOUNT IS NOT MORE THAN THE
AVAILABLE FACILITY AND WHICH IS IF THE CURRENCY SELECTED IS THE BASE CURRENCY, A
MINIMUM OF USD 500,000 (OR, IF AN OPTIONAL CURRENCY, ITS EQUIVALENT) OR, IF
LESS, THE AVAILABLE FACILITY.
6.5
ISSUE OF BANK GUARANTEES
(A)
IF THE CONDITIONS SET OUT IN THIS
AGREEMENT HAVE BEEN MET, THE ISSUING BANK SHALL:
(I)
ISSUE THE BANK GUARANTEE ON THE UTILISATION DATE; AND
(II)
IF SO REQUESTED AMEND AND REISSUE ANY BANK GUARANTEE ON
ITS EXPIRY DATE.
(B)
NO BORROWER MAY DELIVER A UTILISATION
REQUEST UNLESS THE FACILITY AGENT HAS MADE THE NOTIFICATION PURSUANT TO CLAUSE
4.1 (INITIAL CONDITIONS PRECEDENT).
(C)
THE ISSUING BANK WILL ONLY BE OBLIGED
TO COMPLY WITH PARAGRAPH (A) ABOVE IF ON THE DATE OF THE UTILISATION REQUEST AND
ON THE PROPOSED UTILISATION DATE:
(I)
IN THE CASE OF A BANK GUARANTEE TO BE RENEWED, NO
NOTICE HAS BEEN DELIVERED UNDER CLAUSE 26.18 (ACCELERATION) RELATING TO THE
REVOLVING COMMITMENTS AND, IN THE CASE OF ANY OTHER UTILISATION, NO DEFAULT IS
CONTINUING OR WOULD RESULT FROM THE PROPOSED UTILISATION; AND
(II)
IN RELATION TO ANY UTILISATION ON THE CLOSING DATE, ALL
THE REPRESENTATIONS AND WARRANTIES IN CLAUSE 22 (REPRESENTATIONS) OR, IN
RELATION TO ANY OTHER UTILISATION, THE REPEATING REPRESENTATIONS TO BE MADE BY
EACH OBLIGOR ARE TRUE IN ALL MATERIAL RESPECTS.
(D)
THE AMOUNT OF EACH LENDER'S
PARTICIPATION IN EACH BANK GUARANTEE WILL BE EQUAL TO THE PROPORTION BORNE BY
ITS AVAILABLE COMMITMENT TO THE AVAILABLE FACILITY (IN EACH CASE IN RELATION TO
THE REVOLVING FACILITY) IMMEDIATELY PRIOR TO THE ISSUE OF THE BANK GUARANTEE.
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(E)
THE FACILITY AGENT SHALL DETERMINE THE
BASE CURRENCY AMOUNT OF