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This excerpt taken from the OCNF 6-K filed Jul 9, 2009. Loan").
3. By
a master agreement (the "Master
Agreement") on the 2002 ISDA
Multicurrency Crossborder Form (as amended) dated October 1, 2007 and made
between the Borrower and the Swap Bank, the Swap Bank agreed to enter into
certain Transactions pursuant to separate Confirmations from time to time to
hedge the exposure of the Borrower to interest rate fluctuations under the
Amended and Restated Loan Agreement . The Borrower and the Swap Bank estimate
that the aggregate maximum amount payable by the Borrower under the Master
Agreement in the event all Transactions entered into thereunder are terminated
will not exceed EIGHTY-FOUR MILLION FIVE HUNDRED THOUSAND UNITED STATES DOLLARS
(US$84,500,000,000).
4. It
is one of the conditions precedent to the availability of the Loan under the
Amended and Restated Loan Agreement that the Assignor executes and delivers this
Assignment in favor of the Assignee, for the benefit of the Lenders and the Swap
Bank, as security for the Secured Liabilities and the performance and observance
of and compliance with the covenants, terms and conditions contained in the
Finance Documents (collectively, the " |
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