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GENERAL TERMS AND CONDITIONS

ENRON CREDIT DERIVATIVES

GENERAL TERMS AND CONDITIONS ("GTCs")

Annex J (Switzerland)

Bankruptcy Events

  1. a resolution is passed for the winding up of the Reference Entity by the shareholders of the Reference Entity;
  2. an order is made to extinct the Reference Entity in the commercial registry by any court or other authority of competent jurisdiction;
  3. an order is made for the winding up of the Reference Entity, by the court or other authority of competent jurisdiction;
  4. an ordinary bankruptcy proceeding or a bankruptcy proceeding to enforce a bill of exchange, a bankruptcy proceeding without prior enforcement proceedings or a bankruptcy proceeding pursuant to art. 725 et seq. of the Swiss Code of Obligations is opened by any court or other authority of competent jurisdiction;
  5. an agreement with creditors, a composition agreement, an amicable private settlement of debts or a moratorium is approved by any court or other authority of competent jurisdiction;
  6. any event with consequences similar or analogous to any of those referred to in (i) to (v) (inclusive) above occurs in any jurisdiction outside Switzerland.

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