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Over 275 delegates gathered in Bucharest, Romania on four 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. (c) Except Agent receives notice from Borrower prior to the date on which any payment is as a result of Lenders that Debtors will not make such payment in full as and when required, Agent might assume that Borrowers have made such fee in full to Agent on such date in immediately available funds and Agent may (but shall not be so required), in reliance upon such assumption, distribute to every Lender on such due date an quantity equal to the amount then due such Lender.

(d) Except otherwise expressly offered herein, (i) references to agreements (together with this Agreement) and other contractual instruments shall be deemed to incorporate all subsequent amendments and other modifications thereto, however solely to the extent such amendments and other modifications are usually not prohibited by the terms of any Loan Doc, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, changing, supplementing or decoding the statute or regulation.

Till such time as such an amendment shall have been executed and delivered by the Debtors, the Agent, and the relevant Lenders, (A) all financial covenants, standards, and terms in this Agreement shall continue to be calculated or construed as if such Accounting Change had not occurred and (B) the Debtors shall present to the Agent and the relevant Lenders financial statements and different documents required under this Agreement or as fairly requested hereunder setting forth a reconciliation between calculations of such financial covenant, normal, or time period made before, and after giving effect to, such Accounting Change.

Each Borrower agrees that Agent’s and every Lender’s books and data showing the Obligations and the transactions pursuant to this Settlement and the opposite Mortgage Documents shall be admissible in any action or proceeding arising therefrom, and shall represent rebuttably presumptive proof thereof, regardless of whether any Obligation can be evidenced by a promissory note or different instrument.

Excluded Swap Obligation shall mean with respect to an obligor, each Swap Obligation as to which, and solely to the extent that, such obligor’s warranty of or grant of a Lien as security for such Swap Obligation is or turns into unlawful below the Commodity Trade Act as a result of the obligor doesn’t constitute an “eligible contract participant” as outlined within the act (decided after giving effect to any keepwell, help or different settlement for the benefit of such obligor and all ensures of Swap Obligations by other obligors) when such guaranty or grant of Lien becomes effective with respect to the Swap Obligation.