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.
(E)
THE FACILITY AGENT SHALL DETERMINE THE BASE CURRENCY AMOUNT OF
EACH BANK GUARANTEE WHICH IS TO BE ISSUED IN AN OPTIONAL CURRENCY AND SHALL
NOTIFY THE
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ISSUING BANK AND EACH LENDER OF THE DETAILS OF THE REQUESTED BANK GUARANTEE AND
ITS PARTICIPATION IN THAT