Rcf Facility Agreement

(ii) The borrower also agrees with any LC issuer and lenders that LC issuers and lenders are not responsible for it, except in cases of gross negligence or wilful misconduct, and that the borrower`s obligation to repay 153 s for an LC facility is not affected, among other things, by the validity or authenticity of documents or possible references to it. , even if these documents are effectively invalidated, fraudulent or falsified, or between the borrower, one of his related businesses, the beneficiary of an LC facility or another party to whom an LC facility may be transferred, or any claim or defence of the borrower or any of his related businesses against the beneficiary of an LC facility or such purchaser. No LC publisher is responsible for any errors, omissions, interruptions or delays in the transmission, sending or distribution of messages or advice, but which are transmitted in connection with Facility LC, unless it is gross negligence or intentional misconduct on the part of these LC transmitters. The borrower accepts that all actions taken or omitted by an LC issuer or lender in connection with or in connection with each LC facility and associated projects and documents, if implemented without gross misconduct or intentional misconduct, are binding on the borrower and do not make an issuer or lender liable to the borrower. There is nothing in section 2.22 (h) to restrict the borrower`s right to claim damages from the applicable LC issuer, as provided for in the section 2.22, paragraph 1, point f reserve. The borrower heres all risks associated with the acts or omissions of a beneficiary or transferor with respect to the use of an LC facility, provided, however, that this presumption is not intended to prevent and not exclude the borrower153 who may have the rights and remedies he may have against the beneficiary or purchaser under the law or under another agreement. «Co-agents» means Goldman Sachs Bank USA, Lloyds Securities Inc., Morgan Stanley Bank, N.A., Co`peratieve Centrale Raiffeisen-Boerenleenbank, B.A., Rabobank Nederland, New York Branch, RBS Citizens, N.A., Royal Bank of Canada and The Bank of Tokyo-Mitsubishi UFJ, Ltd., as co-agents for the credit facility. «syndication agent,» JPMorgan Chase Bank, N.A., as a syndication agent for the credit facility demonstrated in this agreement.