E TI N 4.02. Ma/ldatory PrepaymclIlS. (a) pOli More Favorable P<lylllCIIIS
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1984 Dcbt ubjcel 10 Rcstruclurc. If after the date hereof any Forelgn urrenc ofthe bhgor, the uarantor, Banco de Mexi o or an other Me. Ican Pubh cctor Borrower hall be apphed to repay, m whole or m part, the pnnClpal amount of any 19 4 Debt ubJect to Re trucrure, the bhgor hall on the next Intere t Payment Date for each redu prepa uch redu b a pnnClpal amount whlch bean the ame re1atlonslup t the pnnclpal amount of such redu then out~tandmg (before gJVmg effe t to uch repayment) as the pnnclpal amount of the 19 4 Debt ubJect to Restructrue o repaid bean to the ggr.egate pnnClpal amount of such 1984 Debt ubject to Restructure outstanding on the date of uch repaymcnt (before givlng effect to uch repayment), prol'idcd that tlus ub ectton hall not apply to any repayment of any 1984 Debt ubJect to Re tructure:
(i) ln the case of a repayment f19 4 Debt ubJect to Res-trucrure of the bhgor, if both (x) the um of such repaymellt and all other repayments of 19 4 Debt ubJecr to Re trucrure of the bhgor made m the calendar year m wh.ich uch repayment I made doe nor exceed the amount speclfied in item 1 g of chedule I to tlu Agreement (or it:> equivalent in other urrenCle ) and (y) the um of such repayment and all other repayments of 1984 Debt ubJect to Re tru rure of all Mexlcan Pubhc ector Borrowen (including the Obhgor) made in the calendar year m whlch uch repayment I made doe not exceed
$ 50, 00,0
°
(or Its equivalent 10 other currencies), provided that any portlon of elther such peITTÚtted an10unt not utilized in any calender year be ut1hzed in the following calendar year as more fully descnbed below; or(ii) 10 the case of a repayment of 1984 ebt ubject to Re trucrure of a Mexican Pubhc ector Borrower other than the Obhgor úboth (x) such repayment does not require mandatory repayment under the New Re tructure Agreement, if any, of
such MeXlcan Pubhc Sector Borrower and (y) the um of such
repayment and ali other repayments of 1984 Oebt SubJect to Re tructure of ali Mexlcan Pubhc ector Borrower (includlOg the bhgor) made 10 the calendar year 10 whlch such repayment IS made doe not exceed S 50,000,000 (or Its equlvalent 10 other currencles), provided that any portlon of such perrrutted amount not utilized 10 any calenda r year may be uttltzed 10 the folJowlOg calenda r year as more fully described below; or
(IIi) If such repayment i (x) an IOvoluntary prepayment made pursllant to tlJegality provisions of existmg contracts applicable to such 1984 Oebt SubJect to Restructure or (y) a prepayment pemlttted by substitute LIDO provlsions of another New Restructure Agreement whose substltute L1BO provlSlons art: comparable to the substitute L1BO provlSions of tlus Agree-ment; or
(iv) if sllch repayment is a prepayment rnade pursuant to the mandatory prepayment provislOns of another New Restruc-ture Agreement whose mandatory prepayment provislOns are comparable to the mandatory prepayment proVISIOns of thls Agreement; or
(v) If such repayment is rnade from assets or revenue subject to a Llen eXlstlOg on August 23, 1982 and created to
ecure or provide for the payment of such 1984 Oebt ubJect to Restructure or &om the proceeds of such assets or revenues; or (vi) if such repayment is made pursuant to a repayment schedule for 1984 peci6ed Oebt consistent W1th the FinanclOg Principies.
For purposes of deterrnining that portion, if any, of the perrrut-ted amounts referred to 10 c1auses (x) and (y) of subsection (i) and c1ause (y) of subsection (ii) above which is available to be carried forward to a succeeding year, repayments of 1984 Debt Subject to Restructure made in any calendar year shaU be applied, 6rst, against that part, if any, of such perrrutted amoune which was not utilized in, and was carried over &om, the preceding calendar year, and, seco/ld, against that part of such amount which 6rst became available for the calendar year of uch repayment. Each partial prepayment with respect to a Credit pursuant to this Section shaU reduce the princIpal instaUments applicable to such
repayment. Each partial prepayment Wlth re pect to a r dlt ipursuant to t1us ecoon haIJ redu e the prinCipal mstallm nts pphcable to such redit m the mverse order of their maturioe . The bhgor shaIJ glVe the erv1clng Bank Irrevocabl nooce of any prepayment pursuant to thl ecoon at I a t 6ve Bu iness Day pnor thereto, peclfying the pnnClpal amount of reruts to be prepaid and the date of uch prepayment, whereupon the principal amounts so specl6ed, together Wlth mterest ac rued thereon, haU become due and payable on the date
o peclfied.
(b) pOli Rtpaymellts cifOtlrer Debt. ln the event the bligor, the Guarantor, Banco de Mexico or any other Governmental Agency haIJ voluntaril repay ther Debt (a defined below) earlier than a required by the payment hedule therefor as ln effect on the date hereof (each such repayment bei,ng a "Prepayment of ther Debt"), then the bligor shall prepay each redit by a pnncipal amount which bears the same relationsrup to the pnncipal amount of uch rerut then outstand-ing (before givmg effect to uch repayment) as the prinCipal amount of the Other Debt o repaJd bears to the principal amount of such Other Debt outstanrung on the date of such repayment (before gIving effect to such repayment), provided that this subsecoon haIJ not apply to any repayment of any ther Debt:
(i) If such repayment is (x) an Involuntary prepayment made pursuant to illegality provisions of contracts applicable to such Other Debt, (y) a prepayment pemtitted by increased cost or sub otute UBO provisions of contracts applicable to such Other Debt, or (z) a prepayment ma de pursuant to any other similar contractual provision peci6cally designed to enable the obligor to aVOld economically burdensome results; or
(ü) to the extent a credit fàcility relaong to such Other Debt is utilized again by the obligor Wlthin thirty days of such repayment.
Prepayments of each Credit shall be made in the Credit Cur-rency of such Crerut and shall be made on the first Interest Payment Date for each Crerut falhng after the prepayment obligation arises, and on each Interest Payment Date thereafter in the event of additional Pre-payments of Other Debt. As used herem, .. Ollrer Debt" means all External Indebtedness outstanding on August 23, 1982 which does not
constitute either Speclfied Debt, 1984 Speclfied Debt or obhganons under leases. The prepayment obhganon under tlus subsecnon (b) shalJ arise ln each calendar year when the U.S. Dollar equlvalent (as computed in accordance with Section 13.16) of the Prepayments of Other Debt made in such year equals the sum of (i) U .S. S 50,000,000 plus (ü) any additional amount avaiJable for use in such year pursuant to the next sentence. Any portion of such U.S. S 50,000,000 nunimum permitted Prepayments of Other Debt which is not utilized in any calendar year may be utilized ln subsequent calendar years. WJthin 30 days after the end of each calendar quarter, the Guarantor will report to the Servicing Bank ali Prepayments of Other Debt, ú any, during the preceding calendar quarter, and the Servicing Bank shalJ g1ve prompt notice thereof to the Banks. Any prepayment of the redits pursuant hereto shalJ be apphed to the principal installments of each Credit in the inverse order of maturity.