EFTA01388237.pdf

(al) Turkish Lira. "Turkish Lira" and "TRY" each means the lawful currency of the Republic of Turkey. "New Turkish Lira" means, in respect of a Swap Transaction with a Trade Date prior to the date upon which the Republic of Turkey ceases officially to use the prefix "New" in relation to the currency introduced on 1 January 2005, the lawful currency of the Republic of Turkey. (am) U.S. Dollar. "U.S. Dollar", "Dollar", "U.S.S", "S" and "USD" each means the lawful currency of the United States of America. (an) Vietnamese Dong. "Vietnamese Dong" and "VND" each means the lawful currency of the Socialist Republic of Vietnam. Section 1.8. TARGET Settlement Day. "TARGET Settlement Day" means any day on which TARGET (the Trans-European Automated Real-time Gross settlement Express Transfer system) is open. Section 1.9. New York Fed Business Day. 'New York Fed Business Day" means any day except for a Saturday, Sunday or a day on which the Federal Reserve Bank of New York is closed. Section 1.10. NYSE Business Day. "NYSE Business Day" means any day on which the New York Stock Exchange is open for business. Section 1.11. U.S. Government Securities Business Day. U.S. Government Securities Business Day" means any day except for a Saturday, Sunday or a day on which the Securities Industry and Financial Markets Association recommends that the fixed income departments of its members be closed for the entire day for purposes of trading in U.S. government securities. Section 1.12. EC Treaty. "EC Treaty" means the Treaty establishing the European Community (signed in Rome on March 25, 1957), as amended by the Treaty on European Union (signed in Maastricht on February 7, 1992), the Treaty of Amsterdam (signed in Amsterdam on October 2, 1997) and the Treaty ofNice (signed in Nice on February 26, 2001). ARTICLE 2 PARTIES Section 2.1. Fixed Rate Payer; Fixed Amount Payer. "Fixed Rate Payer" or "Fixed Amount Payer" means, in respect of a Swap Transaction, a party obligated to make payments from time to time during the Term of the Swap Transaction of amounts calculated by reference to a fixed per annum rate or to make one or more payments of a Fixed Amount. Section 2.2. Floating Rate Payer; Floating Amount Payer. "Floating Rate Payer" or "Floating Amount Payer- means, in respect of a Swap Transaction, a party obligated to make payments from time to time during the Term of the Swap Transaction of amounts calculated by reference to a floating per annum rate or to make one or more payments of a Floating Amount. ARTICLE 3 TERM AND DATES Section 3.1. Term. 'Tenn" means the period commencing on the Effective Date of a Swap Transaction and ending on the Termination Date of the Swap Transaction. 6 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0091691 CONFIDENTIAL SDNY GM_00237875 EFTA01388237