THIRTY (30) CALENDAR DAYS OF THE FILING THEREOF;
OR
(S)
GUARANTY.
ANY BREACH OR DEFAULT OCCURS
UNDER THE GUARANTY, OR THE GUARANTY IS TERMINATED OR ANY OBLIGATION TO PERFORM
THEREUNDER IS TERMINATED, OR ANY GUARANTOR ATTEMPTS TO REVOKE THE GUARANTY.
30
10.2
OTHER REMEDIES.
IN ADDITION TO AND CUMULATIVE OF
ANY RIGHTS OR REMEDIES EXPRESSLY PROVIDED FOR IN THIS ARTICLE X, IF ANY ONE OR
MORE EVENTS OF DEFAULT SHALL HAVE OCCURRED (OTHER THAN AN EXIT DATE EVENT OF
DEFAULT), THE BANK MAY PROCEED TO PROTECT AND ENFORCE ITS RIGHTS HEREUNDER BY
ANY APPROPRIATE PROCEEDINGS AND THE LIENS EVIDENCED BY THE INTERNATIONAL
SECURITY DOCUMENTS SHALL BE SUBJECT TO FORECLOSURE IN ANY MANNER PROVIDED FOR
THEREIN OR PROVIDED FOR BY LAW AS THE BANK MAY ELECT.
THE BANK MAY ALSO PROCEED
EITHER BY THE SPECIFIC PERFORMANCE OF ANY COVENANT OR AGREEMENT CONTAINED IN
THIS AGREEMENT OR THE OTHER INTERNATIONAL LOAN DOCUMENTS OR BY ENFORCING THE
PAYMENT OF THE OBLIGATIONS PROVIDED UNDER THIS AGREEMENT OR THE OTHER
INTERNATIONAL LOAN DOCUMENTS OR OTHERWISE EXISTING UNDER ANY LAW.
THE BANK
SHALL NOT, HOWEVER, BE UNDER ANY OBLIGATION TO MARSHAL ANY ASSETS IN FAVOR OF
THE BORROWER OR AGAINST OR IN PAYMENT OF ANY OR ALL OBLIGATIONS UNDER ANY
INTERNATIONAL LOAN DOCUMENT.
UPON THE OCCURRENCE OF AN EVENT OF DEFAULT (OTHER
THAN AN EXIT DATE EVENT OF DEFAULT), IT IS HEREBY ACKNOWLEDGED AND AGREED EX-IM
BANK SHALL HAVE THE RIGHT TO (A) DIRECT THE BANK TO MAKE DEMAND HEREUNDER AND
UNDER THE OTHER INTERNATIONAL LOAN DOCUMENTS AND (B) REQUEST THAT THE BANK
DECLARE ALL OUTSTANDING OBLIGATIONS, TO BE FORTHWITH DUE AND PAYABLE, AND THE
BANK SHALL HAVE NO LIABILITY TO THE BORROWER FOR COMPLYING WITH SUCH DIRECTIONS
OR REQUIREMENTS.
10.3
COLLATERAL ACCOUNT.
THE BORROWER HEREBY AGREES
THAT IN THE EVENT OF (A) THE OCCURRENCE OF THE MATURITY DATE, (B) THE
TERMINATION OF THE COMMITMENT OR (C) UPON THE OCCURRENCE AND DURING THE
CONTINUANCE OF AN EVENT OF DEFAULT (OTHER THAN AN EXIT DATE EVENT OF DEFAULT),
IT SHALL, IF REQUESTED BY THE BANK IN WRITING, PROVIDE TO THE BANK COVER EQUAL
TO 100% OF THE THEN AGGREGATE AMOUNT OF LETTER OF CREDIT OUTSTANDINGS, WHICH
COVER SHALL BE HELD BY THE BANK IN A COLLATERAL ACCOUNT TO BE MAINTAINED BY THE
BANK.
THE BORROWER HEREBY AGREES TO EXECUTE AND DELIVER TO THE BANK SUCH
SECURITY AGREEMENTS, PLEDGES OR OTHER DOCUMENTS AS THE BANK MAY, FROM TIME TO
TIME, REQUIRE TO PERFECT THE PLEDGE, LIEN AND SECURITY INTEREST IN AND TO ANY
SUCH FUNDS PROVIDED FOR IN THIS SECTION 10.3.
UPON THE PAYMENT OR EXPIRY OF ALL
LETTER OF CREDIT OUTSTANDINGS, ALL SUCH COLLATERAL SHALL BE PROMPTLY RELEASED TO
THE BORROWER IN DUE COURSE AT BORROWER'S COST.
10.4
EXIT DATE EVENT OF DEFAULT.
ON THE DATE THAT IS
THIRTY (30) DAYS AFTER THE DATE THAT WELLS FARGO NOTIFIES THE BORROWER THAT IT
IS ASSIGNING ITS INTERESTS IN THE DOMESTIC CREDIT AGREEMENT TO A PERSON OTHER
THAN WELLS FARGO, AN AFFILIATE OF WELLS FARGO OR AN AFFILIATE