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Acic Model Form Note Purchase Agreement

[4] The total amount is calculated by generally subtracting the present value of the remaining expected exchange payments from the amount due on the corresponding swapped note, placing the bondholder in the same position as if he had purchased a USD-denominated loan. DISCLAIMER: Given the overall quality of this update, the information contained in this update may not apply in all situations and should not be implemented without specific legal advice based on certain situations. (redline version) 2006 Changes from the previous form Status: Historical file annexes: Template X-1 Form The availability of the template serves as a drop-in language for a contract to purchase notes in a private placement transaction in which bondholders take foreign exchange swaps to fund the transaction. If a swapped note is paid in advance or due immediately and payable, any swap loss must be refunded by the issuer within five working days of notification of that event to the issuer. Conversely, a swap-breakage profit must be paid by the bondholder to the issuer within five working days, after the bond has received full payment of the principal, interest and a « Make Whole » amount. [4] [1] American College of Investment Counsel, Transaction Process Management Committee, Form Make-Whole and Swap Indemnity Language (2019), www.aciclaw.org/system/files/forms_guides/attachments/2019/acic_model_make-whole_and_swap_indemnity_final_april_18_2019.pdf. [3] In the case of such hedging, the bondholder of the exchange counterparty generally pays the principal and interest he expects from the issuer of the non-USD denominated bond and which he receives from the swap counterparty, the United States. The dollar equivalent of these amounts calculated on the basis of market prices at the time of hedging execution. 2006 Changes to the existing X-2 form at the time (Blackline version) Status: Historical file Appendices: Model X-2 Current form Status: Historical file Appendices: DOC Contains a title note from 25.04.07. Status: Historical File Appendices: Make-Whole and Swap Indemnity Language (3-28-07) The Transaction Process Management Committee (TPMC) LIBOR Sub-Committee has prepared the attached fallback language libor project and distributes the drafts for verification and comment to the ACIC Fellows. . . .