EFTA Document EFTA01365235

If a court in a lawsuit brought by an unpaid creditor or representative of creditors of an issuer of a Collateral Obligation. such as a trustee in bankruptcy, were to find that the issuer did not receive fair consideration or reasonably equivalent value for incurring the indebtedness constituting such Collateral Obligation and after giving effect to such indebtedness, the issuer (i) was insolvent, (ii) was engaged in a business for which the remaining assets of such issuer constituted unreas