OF ISSUANCE OF SUCH DIYAAR PROJECT LETTER OF CREDIT AND (B) THE NUMBER OF
MONTHS FROM CLOSING DATE TO THE FINAL DISBURSEMENT DATE.
(B)
NOTWITHSTANDING THE FOREGOING, (I) THE BANK
MAY NOT ISSUE OR CAUSE TO BE ISSUED DURING THE FINAL SIXTY (60) DAYS OF THE TERM
OF THIS AGREEMENT ANY LETTERS OF CREDIT WHICH EXPIRE AFTER THE MATURITY DATE
UNLESS THE BANK EITHER HAS DECIDED TO RENEW THIS AGREEMENT OR HAS OBTAINED THE
PRIOR WRITTEN APPROVAL OF EX-IM BANK AND (II) ANY LETTER OF CREDIT THAT SHALL
HAVE AN EXPIRATION DATE AFTER THE MATURITY DATE SHALL BE SUBJECT TO COVER, SUCH
COVER TO BE DELIVERED TO THE BANK THIRTY (30) DAYS PRIOR TO THE MATURITY DATE.
4
(C)
THE BORROWER ACKNOWLEDGES THAT THE BANK
WILL BE LIABLE TO WELLS FARGO FOR REIMBURSEMENT OF ANY AND ALL DRAWS UNDER
LETTERS OF CREDIT ISSUED BY WELLS FARGO AND FOR ALL OTHER AMOUNTS REQUIRED TO BE
PAID UNDER THE APPLICABLE APPLICATION AND THE STANDBY LETTER OF CREDIT
AGREEMENT.
ACCORDINGLY, THE BORROWER AGREES TO PAY TO THE BANK ANY AND ALL
AMOUNTS REQUIRED TO BE PAID UNDER THE APPLICABLE APPLICATION AND THE STANDBY
LETTER OF CREDIT AGREEMENT, WHEN AND AS REQUIRED TO BE PAID THEREBY.
(D)
FROM AND AFTER THE INITIAL DATE, ALL
EXISTING LETTERS OF CREDIT SHALL BE DEEMED TO HAVE BEEN ISSUED PURSUANT HERETO,
AND SHALL BE SUBJECT TO AND GOVERNED BY THE TERMS AND CONDITIONS HEREOF.
2.4
LETTER OF CREDIT REQUESTS.
(A)
WHENEVER THE BORROWER DESIRES THAT A LETTER
OF CREDIT BE ISSUED FOR ITS ACCOUNT OR THAT AN EXISTING EXPIRY DATE SHALL BE
EXTENDED, THE BORROWER SHALL DELIVER TO THE BANK ITS PRIOR WRITTEN REQUEST
THEREFORE NOT LATER THAN 12:00 NOON (CENTRAL TIME) ON AT LEAST THE SECOND
BUSINESS DAY PRIOR TO THE REQUESTED ISSUANCE OR EXTENSION DATE, AS THE CASE MAY
BE.
EACH SUCH REQUEST SHALL BE IN THE FORM OF EXHIBIT E ATTACHED HERETO
EXECUTED BY THE BORROWER OR SUCH OTHER FORM (INCLUDING ELECTRONIC REQUESTS)
SATISFACTORY TO THE BANK AND WELLS FARGO IN THEIR SOLE DISCRETION (TOGETHER WITH
THE APPLICATION, A "LETTER OF CREDIT REQUEST") AND, IN THE CASE OF THE ISSUANCE
OF ANY LETTER OF CREDIT, SHALL BE ACCOMPANIED BY AN APPLICATION THEREFOR,
COMPLETED TO THE SATISFACTION OF THE BANK AND WELLS FARGO, AND SUCH OTHER
CERTIFICATES, DOCUMENTS AND OTHER PAPERS AND INFORMATION AS THE BANK AND WELLS
FARGO MAY REASONABLY REQUEST.
EACH LETTER OF CREDIT SHALL BE DENOMINATED IN
DOLLARS OR IN AN APPROVED CURRENCY, SHALL EXPIRE NO LATER THAN THE DATE
SPECIFIED IN SECTION 2.3, SHALL NOT BE IN AN AMOUNT GREATER THAN IS PERMITTED
UNDER SECTION 2.3(A) AND SHALL BE IN SUCH FORM AS MAY BE APPROVED FROM TIME TO
TIME BY THE BANK, WELLS FARGO AND THE BORROWER.
(B)
THE MAKING OF EACH LETTER OF CREDIT REQUEST
SHALL BE DEEMED TO BE A REPRESENTATION AND WARRANTY BY THE BORROWER THAT SUCH
LETTER OF CREDIT MAY BE ISSUED IN ACCORDANCE WITH, AND WILL NOT VIOLATE THE
REQUIREMENTS OF SECTION 2.3(A) AND ARTICLE