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Over 275 delegates gathered in Bucharest, Romania on 4 June for The Euromoney Regional Finance and Investment Convention for South-East Europe to discuss the macroeconomic outlook and the development of capital markets for the SEE economies. E. It’s the intent of the parties hereto that this Agreement (i) shall re-evidence the Debtors’ indebtedness to the Lenders underneath the Present Mortgage Agreement, (ii) is entered into in substitution for, and never in payment of, the obligations of the Borrowers under the Present Loan Agreement, and (iii) is by no means intended to represent a novation of the Debtors’ indebtedness which was evidenced by the Current Mortgage Agreement.

Until a Defaulting Lender cures its failure to fund its Pro Rata Share of any Borrowing (A) such Defaulting Lender shall not be entitled to any portion of the Unused Line Fee or the Letter of Credit Fee, and (B) the Unused Line Fee and Letter of Credit score Payment shall accrue in favor of the Lenders which have funded their respective Pro Rata Shares of such requested Borrowing and shall be allocated among such performing Lenders ratably based upon their relative Commitments.

Something on the contrary contained in this Agreement or in any other Loan Doc, any working lease of Regional or any of its subsidiaries that was recorded as an operating lease in accordance with GAAP, but which, due to a change in GAAP is subsequently required to be recorded as a capital lease, shall be deemed to be an operating lease for functions of this Agreement and every other Mortgage Doc.

ALONG WITH AMOUNTS PAYABLE AS ELSEWHERE SUPPLIED IN THIS PARAGRAPH 2.18, THE BORROWERS HEREBY AGREE TO GUARD, INDEMNIFY, PAY AND SAVE THE LENDERS AND THE AGENT HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CALLS FOR, LIABILITIES, DAMAGES, LOSSES, COSTS, CHARGES AND BILLS (INCLUDING ANY CHEAP ATTORNEYS’ CHARGES) WHICH ANY LENDER OR THE AGENT MIGHT INCUR OR BE TOPIC TO AS A CONSEQUENCE, DIRECT OR INDIRECT, OF THE ISSUANCE OF ANY LETTER OF CREDIT OR THE PROVISION OF ANY CREDIT SCORE ASSIST OR ENHANCEMENT IN CONNECTION THEREWITH UNLESS RESULTING FROM SUCH LENDER’S OR THE AGENT’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Professional Rata Share shall mean, with respect to a Lender, a fraction (expressed as a share), the numerator of which is the amount of such Lender’s Commitment and the denominator of which is the sum of the quantities of all the Lenders’ Commitments, or if no Commitments are outstanding or the Commitments have expired, a fraction (expressed as a share), the numerator of which is the quantity of Obligations owed to such Lender and the denominator of which is the mixture amount of the Obligations owed to the Lenders, in each case giving effect to a Lender’s participation in Non-Ratable Loans and Agent Advances.

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