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EFTA01390594

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The parties agree that this Agreement shall apply to all transactions having the characteristics of a sale and repurchase agreement (including but not limited to those subject to any poor Global Master Repurchase Agreement, but excluding those subject to a Muster Repurchase Agreement), and which are outstanding as at the date of this Agreement so that such transactions shall be treated as if they had been entered into under this Agreement and the terms of such transactions are amended accordingly with effect from the date of this Agreement (h) Notwithstanding the provisions of paragraph 2(cc) (as amended by pan 1(h) above), if there is no generally recognized source agreed to by the ponies for determining the price of any Securities, the price for such Securities shall be determined by Party A (using the bid price for such Securities) in its sole discretion. (i) ADDITIONAL EVENT OF DEFAULT. The following subparagraph shall be added to paragraph Ira) alter the end of subparagraph (x) and before "then" in the last line of paragraph 10(a) and paragraph 10(a) shall be renumbered accordingly: "txi) Party B fails to deliver or furnish to Party A any of the documents or information required pursuant to this Agreement and Party A serves a Default Notice on Patty B," For the purposes of the Event of Default listed in subparagraph 10(a)(xi), Paragraph le(a)(x) does not apply. IABLYJE 7. Pa If: (al as a result of sovereign action or inaction (directly or indirectly), Buyer or Seller becomes unable to perform any absolute or contingent obligation to make a payment or transfer or to receive a payment or transfer in respect of any Transaction hereunder or to comply with any other material provision of this Agreement relating to such Transaction (each such occurrence a "Termination Event"), or (b) there occurs an event which would constitute a default, event of default or other similar condition or event (however described, including, without limitation,

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