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4.3 If the Borrower fails to pay when due any principal, interest or other sum due hereunder, the
Borrower shall pay interest on the unpaid sum at the rate of 00 percent per annum above the
Interest Rate, such interest to be payable on demand.
Article 5. Costs and Expenses
5.1 The Borrower shall reimburse the Lender for reasonable out-of-pocket expenses including legal
fees for the negotiation, preparation and execution of this Agreement and the enforcement of
any right of the Lender under this Agreement.
5.2 The Borrower shall pay any stamp and other similar duties and taxes to which this Agreement is
subject.
Article 6. Taxes
6.1 All payments (whether of principal, interest or otherwise) to be made by the Borrower to the
Lender hereunder shall made without set-off or counterclaim and free and clear of and without
deduction for any taxes or withholdings of any nature whatsoever imposed by any country or
tax authority. It at any time any applicable law or regulation of such country or tax authority or
international agreement imposes any such tax or requires the Borrower to make any such
deduction or withholding from any such payment, the sum due from the Borrower in respect
of such payment shall be increased to the extent necessary to ensure that, after the making of
such deduction or withholding, the Lender receives a net sum equal to the sum which it would
have received had no such deduction or withholding been required to be made. In the event
that the Borrower is compelled to make any such deduction or withholding the Borrower shall
forward, within ninety(90) days after such deduction of withholding is made, official receipts or
other official documentation acceptable to the Lender evidencing payment of such deduction
or withholding.
Article 7. Payments
7.1 All payments to be made hereunder by the Borrower shall be made by paying the same, in
Japanese Yen, to the Lender at its Head Office, Tokyo, Japan, or such other address in Japan as
may be notified by the Lender to the Borrower from time for this purpose.
Article 8. Representations and Warranties
8.1 The Borrower represents and warrants to the Lender that as at the date hereof :
(a) The Borrower has power'to enter into and perform this Agreement and has taken all necessary
action required to authorize the execution and delivery of this Agreement and its performance
according to its terms ;
(b) This Agreement constitutes a legal, valid and binding obligation of the Borrower enforceable in
accordance with .its terms, and the obligations of the Borrower hereunder are direct and
general obligations of the Borrower ;
(c) All necessary consents, approvals and authorizations of any governmental authority required in
connection with the execution, delivery,performance, validity or enforceability of this Agreement
have been obtained and made and are in full force and effect ;
(d) All payments of principal, premium (if any), interest and other moneys due or to become due
from the Borrower are free of any present taxes imposed by or any taxing authority thereof :
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