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• similar laws affecting the enforcement of creditor's rights in general, as such laws would apply in the event of the bankruptcy, insolvency, reorganization or liquidation of, or other similar occurrence with respect to, the Bank or in the event of any moratorium or similar occurrence affecting the Bank. Any judgment against the Bank rendered by a court of the United States or a court of one of the states thereof may not be enforceable in the Province of Ontario, Canada if such judgment was not final or conclusive, or was obtained by fraud or through proceedings contrary to natural justice. In addition, the Currency Act precludes a court in Canada from giving a judgment in any currency other than Canadian currency. Substitute Credit Facilities The Company may at any time and from time to time, with the written consent of NHC, deliver to the Trustee in substitution for any Credit Facility a Qualified Credit Facility, which may be a letter of credit, bond insurance policy, bond purchase agreement, guaranty, line of credit, surety bond or similar credit or liquidity facility. In connection with the delivery of any Qualified Credit Facility, there must be delivered to the Trustee, among other things, (i) an opinion of Bond Counsel to the effect that the delivery of such Qualified Credit Facility will not adversely affect the excludability from gross income of the interest paid on the Bonds secured thereby for federal income tax purposes, and (ii) written evidence from each securities rating agency then assigning a rating to the Bonds secured by such Credit Facility that such rating agency has reviewed such Qualified Credit Facility and that the substitution of such Qualified Credit Facility for the Credit Facility then in effect will not result in a reduction or withdrawal of its ratings on the Bonds secured thereby. In lieu of delivering to the Trustee a Qualified Credit Facility as described in the preceding paragraph, the Company may from time to time, with the written consent of NHC, deliver to the Trustee an Alternate Credit Facility, which may be a letter of credit, bond insurance policy, bond purchase agreement, guaranty, line of credit, surety bond or similar credit or liquidity facility. In connection with the delivery of such Alternate Credit Facility, there must be delivered to the Trustee the opinion of Bond Counsel referred to in clause (i) of the preceding paragraph, but the Company is not required to deliver to such Trustee any evidence that the ratings on the Bonds secured thereby will be maintained after the delivery of such Alternate Credit Facility. Such Bonds will be subject to mandatory tender as described above under "The Bonds - Optional and Mandatory Tender - Mandatory Tender Upon Expiration of Credit Facility" prior to the expiration of the Credit Facility securing such Bonds then in effect if the Company delivers to the Trustee an Alternate Credit Facility in lieu of a Qualified Credit Facility. Each Alternate Credit Facility shall become effective on the first Business Day of a month and, if such Alternate Credit Facility is delivered during any Fixed Rate Period applicable to the issue of Bonds to be secured -20-