the provisions of the 2005 Commodity Definitions
as if no elections had been made.
15
(G)
ILLEGALITY.
FOR PURPOSES OF
SECTION 5(B)(I), THE OBLIGATION OF EITHER PARTY TO COMPLY WITH ANY OFFICIAL
DIRECTIVE ISSUED OR GIVEN BY ANY GOVERNMENT AGENCY OR AUTHORITY WITH COMPETENT
JURISDICTION WHICH HAS THE RESULT REFERRED TO IN SECTION 5(B)(I) WILL BE DEEMED
TO BE AN "ILLEGALITY".
(H)
TERM.
SUBJECT TO THE EARLIER OCCURRENCE OF
AN EARLY TERMINATION DATE, PARTY A SHALL NOT BE OBLIGED TO ENTER INTO FURTHER
TRANSACTIONS UNDER THIS AGREEMENT COMMENCING ON AUGUST 31, 2012 (THE
"TERMINATION DATE"); PROVIDED, HOWEVER, THAT PARTY A, ON OR BEFORE THE DATE THAT
IS 180 DAYS PRIOR TO THE THEN CURRENT TERMINATION DATE BUT NO SOONER THAN
APRIL 1, 2011, SHALL HAVE THE RIGHT TO EXTEND THE TERMINATION DATE ON THE THEN
CURRENT TERMS AND CONDITIONS TO AUGUST 31, 2013 (THE "EXTENDED TERM") (IN WHICH
CASE PARTY A SHALL NOT BE OBLIGED TO ENTER INTO FURTHER TRANSACTIONS BEYOND THE
TERMINATION DATE SO EXTENDED). FOR THE AVOIDANCE OF DOUBT, THIS AGREEMENT AND
THE SPECIFIED AGREEMENTS SHALL OTHERWISE REMAIN IN FULL FORCE AND EFFECT UNTIL
THE DISCHARGE OF ISDA OBLIGATIONS.
NEITHER PARTY B, NOR ANY SPECIFIED ENTITY OF
PARTY B, SHALL ENTER INTO ANY AGREEMENT OR SERIES OF AGREEMENTS WHICH PROVIDE
FOR TRANSACTIONS SIMILAR TO THOSE CONTEMPLATED BY ANY ONE OR MORE OF THE
SPECIFIED AGREEMENTS UNLESS SUCH AGREEMENT OR AGREEMENTS DO NOT BECOME EFFECTIVE
UNTIL AFTER THE TERMINATION DATE AND AFTER THE DISCHARGE OF ISDA OBLIGATIONS HAS
OCCURRED.
(I)
NO OBLIGATION.
NOTWITHSTANDING ANY
OTHER PROVISION IN THIS AGREEMENT TO THE CONTRARY, PARTY A (A) SHALL HAVE NO
OBLIGATION TO ENTER INTO ANY TRANSACTION WITH PARTY B OR TO PROVIDE CREDIT
SUPPORT THAT HAS A TERM, CALCULATION PERIOD, DELIVERY PERIOD, MATURITY OR
EXPIRATION WHICH EXTENDS BEYOND THE DATE THAT IS 12 MONTHS PRIOR TO THE MATURITY
DATE OF THE NOTES, AND (B) SHALL NOT BE OBLIGATED TO ENTER INTO ANY TRANSACTION
(INCLUDING ANY TRANSACTION HEREUNDER) WITH PARTY B OR ANY SPECIFIED ENTITY OF
PARTY B FOLLOWING THE OCCURRENCE OF A DEFAULT OR POTENTIAL TERMINATION EVENT
(HOWEVER DEFINED) BY PARTY B OR ANY SPECIFIED ENTITY OF PARTY B UNDER ANY OF THE
SPECIFIED AGREEMENTS, WHICH DEFAULT OR POTENTIAL TERMINATION EVENT HAS NOT BEEN
CURED OR WAIVED BY PARTY A IN ACCORDANCE WITH THE TERMS OF THE APPLICABLE
SPECIFIED AGREEMENT.
(J)
FURTHER REPRESENTATIONS OF PARTY B AND
ITS SPECIFIED ENTITIES.
EACH SPECIFIED ENTITY OF PARTY B, PARTY B IN RESPECT OF
EACH OF ITS SPECIFIED ENTITIES AND PARTY B AS TO ITSELF AS SET FORTH BELOW,
REPRESENTS AND WARRANTS TO PARTY A (WHICH REPRESENTATIONS WILL BE DEEMED TO BE
REPRESENTED BY PARTY B AND EACH SUCH SPECIFIED ENTITY ON EACH DATE ON WHICH A
TRANSACTION IS ENTERED INTO AND ON EACH DATE THAT PARTY A ISSUES OR ARRANGES FOR
THE ISSUANCE OF CREDIT SUPPORT AND, OTHER THAN IN RESPECT OF PART 5(J)(III) AND
PART 5(J)(IV), AT ALL TIMES UNTIL THIS AGREEMENT IS TERMINATED):
(I)
EXISTENCE AND AUTHORIZATION.
(A)
SUCH PARTY