Over 275 delegates gathered in Bucharest, Romania on four June for The Euromoney Regional Finance and Funding Convention for South-East Europe to debate the macroeconomic outlook and the event of capital markets for the SEE economies. Every Lender (aside from Bank of America in the case of Non-Ratable Loans, and Agent in the case of Agent Advances) shall make the amount of such Lender’s Pro Rata Share of the outstanding principal amount of the Non-Ratable Loans and Agent Advances with respect to which Settlement is requested available to Agent, to such account of Agent as Agent may designate, not later than 3:00 p.m. (New York, New York time), on the Settlement Date relevant thereto, which can occur earlier than or after the incidence or during the continuation of a Default or an Event of Default and whether or not or not the applicable circumstances precedent set forth in Part Six have then been satisfied.

(g) In the occasion that any Accounting Change shall happen and such change leads to a change in the methodology of calculation of any financial covenants, standards or phrases in this Agreement, then, upon the request of Regional or the Agent, the Borrowers, the Lenders and the Agent shall negotiate in good religion to amend such monetary covenant, customary, or term to protect the unique intent thereof in light of such Accounting Change with the specified result that the criteria for evaluating the Borrowers’ monetary condition shall be the identical after such Accounting Change as if such Accounting Change had not been made.

Bank Merchandise shall mean any a number of of bank cards services, ACH Transactions, Hedge Agreements and Money Administration Services extended by both (i) Bank of America or any affiliate of Bank of America in reliance on Bank of America’s settlement to indemnify such affiliate, or (ii) in Agent’s sole, however affordable discretion, different Lenders; offered that Financial institution Products shall not embody its Excluded Swap Obligations.

(e) If Debtors are required to pay additional amounts to Agent or any Lender pursuant to subparagraph (c) of this Paragraph, if any Lender requests compensation beneath Paragraph 2.13 or if any Lender provides a notice pursuant to Paragraph 2.12., then such Lender shall use reasonable efforts (per legal and regulatory restrictions) to change the jurisdiction of its Lending Office so as to eradicate any such additional payment by Debtors which can thereafter accrue, if such change in the judgment of such Lender is just not in any other case disadvantageous to such Lender.

Required Lenders shall mean at any time (a) Lenders whose Pro Rata Shares aggregate greater than fifty-one p.c (fifty one{668284420e3c3e703f86693cee83f1c1285e9c7b8ecc41c13b37eea0ef4cf441}) as such percentage is set underneath the definition of Professional Rata Share set forth herein; or (b) in the occasion there are only two (2) Lenders under this Settlement, both Lenders; or (c) in the event Bank of America’s Professional Rata Share exceeds fifty-one p.c (51{668284420e3c3e703f86693cee83f1c1285e9c7b8ecc41c13b37eea0ef4cf441}), Financial institution of America plus one other Lender.