EFTA01188913Set 9
2002-12-3036p12,966w
guarantor hereof
(including, without limitation, the Guarantor) or any other party hereto (individually an
"Obligor" and collectively "Obligors") and each of them jointly and severally: (a) waive
presentment, demand, protest ... dishonor, and any
other notice required to be given under law to any Obligor in connection with the delivery,
acceptance, performance, default or enforcement of any Note, any endorsement ... Loan Documents, or release or discharge by Bank of
any of Obligors or release, substitution or exchange of any security for the payment hereof,
or the failure
https://www.justice.gov/epstein/files/DataSet%209/EFTA01188913.pdf
EFTA02707722Set 11
2002-12-3036p12,965w
guarantor hereof
(including, without limitation, the Guarantor) or any other party hereto (individually an
"Obligor" and collectively "Obligors") and each of them jointly and severally: (a) waive
presentment, demand, protest ... dishonor, and any
other notice required to be given under law to any Obligor in connection with the delivery,
acceptance, performance, default or enforcement of any Note, any endorsement ... Loan Documents, or release or discharge by Bank of
any of Obligors or release, substitution or exchange of any security for the payment hereof,
or the failure
https://www.justice.gov/epstein/files/DataSet%2011/EFTA02707722.pdf
EFTA01097356Set 9
68p35,148w
under IRC
Section 1001 17
4. Significant Modification Occurs if Promissory Note Has New
Obligor 17
5. Significant Modification Exception -- Substantially Transferring
All Assets 18
6. Significant Modification Exception -- State ... much in PLR 9515039.6 That ruling focused on the
resources available to the obligor with which to make payments on the note,
finding no retained interest where the daughter/obligor ... where the trustee/obligor had no other assets. It
would seem, therefore, that if the obligor (or guarantor) has sufficient independent
wealth or, in the case of a trust, the trustee
https://www.justice.gov/epstein/files/DataSet%209/EFTA01097356.pdf
EFTA00596126Set 9
2007-01-18183p86,669w
estimated or
confidential rating which is in respect of the full obligation of the Obligor and which is
monitored) and (b) has an. Rating (including any confidential rating which ... respect of the full obligation of the Obligor and which is monitored and in relation to
which consent to disclosure has been provided to by the related Obligor), which
Rating ... Defaulted Obligation, Equity Security or Credit
Risk Obligation.
(e) The related Obligor is the borrower, issuer or guarantor in respect of such
obligation.
(f) The obligation (except in the case
https://www.justice.gov/epstein/files/DataSet%209/EFTA00596126.pdf
EFTA01115246Set 9
2003-06-107p2,720w
guarantor hereof
(including, without limitation, the Guarantor) or any other party hereto (individually an
"Obligor" and collectively "Obligors") and each of them jointly and severally: (a) waive
presentment, demand, protest ... dishonor, and any
other notice required to be given under law to any Obligor in connection with the delivery,
acceptance, performance, default or enforcement of any Note, any endorsement ... Loan Documents, or release or discharge by Bank of
any of Obligors or release, substitution or exchange of any security for the payment hereof,
or the failure
https://www.justice.gov/epstein/files/DataSet%209/EFTA01115246.pdf
EFTA01465057Set 10
4p2,842w
attached hereto and made a part
hereof, severally, and not jointly (each an "Obligor") have entered into a Master Agreement of even
date herewith (as amended, modified or supplemented from ... Master Agreement") and it is a requirement of the Master Agreement t
hat the Obligor deliver this Guaranty for Obligor's obligations under the Master Agreement ... inducement to the Bank to enter in
to Transactions with the Obligor, the Guarantor hereby consents and agrees as follows:
1. Guaranty. (a) The Guarantor unconditionally, irrevocably guarantees
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01465057.pdf
EFTA01386885Set 10
2018-02-161p717w
project revenues as and when it arises. As a result,
the Obligor's revenue (and its ability to service the related Collateral Obligation) may suffer from performance reductions ... asset becomes less
attractive to infrastructure users in a demand/usage based payment structure. An Obligor which services the asset is also
subject to increases in maintenance costs ... fines,
expropriation, termination or loss of a license, concession or contract on which an Obligor, or an asset owned or controlled
by an Obligor, depends, which in turn may adversely
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01386885.pdf
EFTA01071412Set 9
2011-08-3110p6,063w
Customer, and (ii) promptly perform all other Obligations. Guarantor shall be liable, as principal obligor and not as a surety or
guarantor only, for all attorneys' fees and other costs ... collateral, granting a
lien on real property or are otherwise obligated to the Bank ("Obligors":
AFFILIATE SHARING NOTICE
From time to time the Bank may share information about the Obligor ... contained in
any applications, from credit reports and information it may obtain about the Obligor from outside sources.
If the Obligor is an individual, the Obligor may instruct the Bank
https://www.justice.gov/epstein/files/DataSet%209/EFTA01071412.pdf
EFTA01070796Set 9
2011-08-3110p6,058w
Customer, and (ii) promptly perform all other Obligations. Guarantor shall be liable, as principal obligor and not as a surety or
guarantor only, for all attomeys' fees and other costs ... collateral, granting a
lien on real property or are otherwise obligated to the Bank ("Obligors":
AFFILIATE SHARING NOTICE
From time to time the Bank may share information about the Obligor ... contained in
any applications, from credit reports and information it may obtain about the Obligor from outside sources.
If the Obligor is an individual, the Obligor may instruct the Bank
https://www.justice.gov/epstein/files/DataSet%209/EFTA01070796.pdf
EFTA01092343Set 9
2007-01-17141p86,219w
credit spreads, market, financial or legal
uncertainties, differences in the actual allocation of the Obligors among categories from those assumed, the timing
and the number of Collateral Obligations that become ... events,
developments or trends in any particular industry, and the financial condition of the obligors of the Collateral.
Loans. Loans and interests in loans have significant liquidity and market value ... prepayable in whole or in part at any time at the option of the
obligor thereof at par plus accrued unpaid interest thereon. Prepayments on loans may be caused
https://www.justice.gov/epstein/files/DataSet%209/EFTA01092343.pdf
preceding clauses do not apply, but the Obligor has a senior secured obligation with a
monitored public rating from S&P (without any postscripts, asterisks or other qualifying notations. that ... apply.
the Moody's Equivalent Senior Unsecured Rating will be "Caal":
(i) neither the Obligor nor any of its Affiliates is subject to reorganization or bankruptcy
proceedings,
(ii) no debt ... securities or obligations of the Obligor arc in default,
(iii) neither the Obligor nor any of its Affiliates has defaulted on any debt during the
preceding two years
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365626.pdf
EFTA01415518Set 10
2010-07-21102p31,053w
liquidity, prepayment, structural, legal and
interest rate risk, the financial condition of the underlying obligors,
general economic conditions, market price volatility, the condition of
certain financial markets, political events ... affiliates or any other
Transaction party information about the Collateral Obligations, the
underlying obligors in respect thereof or the Issuer. Consequently,
investors shall be responsible for performing their own initial ... Issuer is thereby subject to the credit risk associated with
EFTA01415523
not only the obligor on the loan but also the selling institution.
Reinvestment Risk. There can be no assurance
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01415518.pdf
attached hereto
and made a part hereof, severally, and not jointly (each an "Obligor") have entered into a
Master Agreement of even date herewith (as amended, modified or supplemented from ... Master Agreement")
and it is a requirement of the Master Agreement that the Obligor deliver this Guaranty for
Obligor's obligations under the Master Agreement to the Bank.
NOW, THEREFORE ... acknowledged, and as an
inducement to the Bank to enter into Transactions with the Obligor, the Guarantor hereby
consents and agrees as follows:
1. Guaranty. (a) The Guarantor unconditionally, irrevocably
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01449839.pdf
EFTA00317329Set 9
2011-01-042p1,086w
Section 5222(6) Effect of restraint; prohibition of transfer; duration. A judgment debtor or obligor served with a restraining notice is forbidden to make
or suffer any sale, assignment. transfer ... restrain-
ing notice served upon a person other than the judgment debtor or obligor is effective only if, at the time of service, he or she owes a debt ... judgment
debtor or obligor or he or she is in the possession or custody of property in which he or she knows or has reason to believe the judgment debtor
https://www.justice.gov/epstein/files/DataSet%209/EFTA00317329.pdf