RESPECT WHEN MADE OR REPEATED OR
DEEMED TO HAVE BEEN MADE OR REPEATED;
(VII)
LENDER OR BORROWER ADMITTING TO THE OTHER THAT IT IS UNABLE
TO, OR IT INTENDS NOT TO, PERFORM ANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT
AND/OR IN RESPECT OF ANY LOAN;
(VIII)
LENDER (IF APPLICABLE) OR BORROWER BEING DECLARED IN DEFAULT OR
BEING SUSPENDED OR EXPELLED FROM MEMBERSHIP OF OR PARTICIPATION IN, ANY
SECURITIES EXCHANGE OR ASSOCIATION OR SUSPENDED OR PROHIBITED FROM DEALING IN
SECURITIES BY ANY REGULATORY AUTHORITY;
(IX)
ANY OF THE ASSETS OF LENDER OR BORROWER OR THE ASSETS OF
INVESTORS HELD BY OR TO THE ORDER OF LENDER OR BORROWER BEING TRANSFERRED OR
ORDERED TO BE TRANSFERRED TO A TRUSTEE (OR A PERSON EXERCISING SIMILAR
FUNCTIONS) BY A REGULATORY AUTHORITY PURSUANT TO ANY SECURITIES REGULATING
LEGISLATION, OR
(X)
LENDER OR BORROWER FAILING TO PERFORM ANY OTHER OF ITS
OBLIGATIONS UNDER THIS AGREEMENT AND NOT REMEDYING SUCH FAILURE WITHIN 30 DAYS
AFTER THE NON-DEFAULTING PARTY SERVES WRITTEN NOTICE REQUIRING IT TO REMEDY SUCH
FAILURE.
14.2
EACH PARTY SHALL NOTIFY THE OTHER (IN WRITING) IF
AN EVENT OF DEFAULT OR AN EVENT WHICH, WITH THE PASSAGE OF TIME AND/OR UPON THE
SERVING OF A WRITTEN NOTICE AS REFERRED TO ABOVE, WOULD BE AN EVENT OF DEFAULT,
OCCURS IN RELATION TO IT.
14.3
THE PROVISIONS OF THIS AGREEMENT CONSTITUTE A
COMPLETE STATEMENT OF THE REMEDIES AVAILABLE TO EACH PARTY IN RESPECT OF ANY
EVENT OF DEFAULT.
14.4
SUBJECT TO PARAGRAPH 9.3 AND 10.7, NEITHER PARTY
MAY CLAIM ANY SUM BY WAY OF CONSEQUENTIAL LOSS OR DAMAGE IN THE EVENT OF FAILURE
BY THE OTHER PARTY TO PERFORM ANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT.
15.
INTEREST ON OUTSTANDING PAYMENTS
In the event of either Party failing to remit sums in accordance with this
Agreement such Party hereby undertakes to pay to the other Party upon demand
interest (before as well as after judgment) on the net balance due and
outstanding, for the period commencing on and inclusive of the original due date
for payment to (but excluding) the date of actual payment, in the same currency
as the principal sum and at the rate referred to in paragraph 10.7. Interest
will accrue daily on a compound basis and will be calculated according to the
actual number of days elapsed.
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16.
TRANSACTIONS ENTERED INTO AS AGENT
16.1
POWER FOR LENDER TO ENTER INTO LOANS AS AGENT
Subject to the following provisions of this paragraph, Lender may (if so
indicated in paragraph 6 of the Schedule) enter into Loans as agent (in such
capacity, the "Agent") for a third person (a "Principal"), whether as custodian
or investment manager or otherwise (a Loan so entered into being referred to in
this paragraph as an "Agency Transaction").
16.2
CONDITIONS FOR AGENCY LOAN
A Lender may enter into an Agency Transaction if, but only if:-
(I)
IT SPECIFIES THAT LOAN AS AN AGENCY TRANSACTION AT THE TIME WHEN IT
ENTERS INTO IT;
(II)
IT ENTERS INTO THAT LOAN ON BEHALF