Over 275 delegates gathered in Bucharest, Romania on four June for The Euromoney Regional Finance and Investment Conference for South-East Europe to debate the macroeconomic outlook and the development of capital markets for the SEE economies. If (i) the undrawn amount of the requested Letter of Credit score isn’t better than the Unused Letter of Credit score Subfacility and (ii) the amount of such requested Letter of Credit and all commissions, fees, and fees due from Borrowers in reference to the opening thereof wouldn’t exceed the Extra Availability, Agent shall, so long as the opposite conditions hereof and of Part Six are met, cause the requested Letter of Credit score to be issued on such requested effective date of issuance.

(iii) With respect to any request for Base Rate Revolving Loans, in lieu of delivering the above-described Notice of Borrowing, a Borrower may give Agent telephonic notice of such request by the required time, with such telephonic discover to be confirmed in writing inside 24 hours of the giving of such notice but Agent shall be entitled to depend on the telephonic notice in making such Revolving Loans, no matter whether or not any such confirmation is acquired by Agent.

After Agent’s receipt of the proceeds of such Revolving Loans, Agent shall make the proceeds of such Revolving Loans accessible to Debtors on the applicable Funding Date by transferring identical day funds equal to the proceeds of such Revolving Loans received by Agent to the account of Borrowers, designated in writing by Debtors and acceptable to Agent; offered, nevertheless, that the amount of Revolving Loans so made on any date shall in no event exceed the Excess Availability on such date.

Lenders conform to indemnify each Letter of Credit score Issuer (to the extent not reimbursed by Debtors and with out limiting the obligations of Borrowers hereunder) ratably in accordance with their respective Professional Rata Shares, for any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, prices, expenses (together with attorneys’ fees) or disbursements of any type and nature in anyway that could be imposed on, incurred by or asserted in opposition to such Letter of Credit Issuer in any manner referring to or arising out of any Letter of Credit score or the transactions contemplated thereby or any motion taken or omitted by such Letter of Credit Issuer underneath any Letter of Credit score or any Loan Doc in connection therewith; offered that no Lender shall be answerable for any of the foregoing to the extent it arises from the gross negligence or willful misconduct of the Individual to be indemnified.

Securitization Contracts means Contracts which can be direct car loans or simple curiosity motor vehicle retail installments sales contracts secured by new or used automobile, gentle truck, minivan, sport utility or other passenger automobiles (excluding motorcycles), as listed on a schedule to be delivered to and permitted by Agent at the time of the Securitization, however excluding any such Contracts that have been repurchased, reassigned or transferred to a Borrower, with the prior consent of the Agent.