Exhibit 4.1
Material
marked [*] has been omitted pursuant to a request for confidential
treatment. This material has been filed with the Commission
separately.
AGREEMENT REGARDING
INTEREST EQUALISATION AND HEDGING FOR
EKSPORTFINANS’S BORROWING AND LENDING COMMITMENTS
(THE 108 AGREEMENT)
This
agreement is entered into between the Ministry of Trade and
Industry (the Ministry) and Eksportfinans ASA (Eksportfinans). The
Ministry hereby acquires all rights and obligations of the Ministry
of Finance in accordance with the agreement of 30 June 1978
between the Ministry of Finance and Eksportfinans.
The
agreement shall facilitate borrowing and lending for Eksportfinans
within the framework of the export credit system based on Storting
Proposition [parliamentary bill] no. 108 (1977-78) and later annual
parliamentary resolutions (the 108 Agreement).
The purpose
of the 108 Agreement is to offer Norwegian exporters of goods a
competitive export credit system.
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§2.
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Principles for
borrowing
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Borrowing
shall be arranged with the object of obtaining a balance between
borrowing and lending commitments in each currency. In order to
reduce the currency and interest risk between borrowing and
lending, Eksportfinans may enter into currency and interest rate
hedging. The purpose of obtaining a balance between the borrowing
and the lending structure must nevertheless be weighed against the
costs in connection with currency and interest hedging.
Each
borrowing shall be approved by the Ministry upon advice from the
Ministry of Finance. All correspondence in connection with each
borrowing shall be forwarded in a copy to the Debt Department of
the Ministry of Finance. Eksportfinans shall keep the Ministry
currently informed about the borrowing procedures.
The 108
Agreement shall use Norwegian kroner, Euros and US dollars as its
main borrowing currencies. The Ministry may approve other main
currencies.
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§3
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Eksportfinans’s borrowing
costs
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The
reference interest for borrowing is [*]%, which is
Eksportfinans’s borrowing costs under the 108
Agreement.
One-time
costs in connection with borrowing shall be covered by
Eksportfinans by up to [*]% of the loan volume. One-time costs
exceeding [*]% shall be covered by the Ministry of Finance, cf.
§ 13 c.
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§4
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Settlement
proceedings
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Based on
the balance for each borrowing, the reference interest for
borrowing provided in § 3 and all estimated non-recurring
costs, a repayment scheme shall be prepared for interest amounts
and instalments (converted to Norwegian kroner, if applicable)
which shall be
covered by
Eksportfinans during the loan’s term. Any imbalance between
the actual payments related to the payment of the loan and each
amount in the repayment scheme (converted to Norwegian kroner, if
applicable) shall be debited or credited to the settlement account
as described in § 13. Any currency balance shall be converted
to Norwegian kroner in accordance with market rates and the
principles provided in § 12.
The
Ministry will cover the balance if Eksportfinans’s realised
borrowing costs converted to Norwegian kroner for each borrowing
exceed the reference costs for each borrowing, cf. § 3.
Eksportfinans also undertakes to transfer any profit to the
Ministry if the realised borrowing costs are lower than the
reference costs for each borrowing. The proceedings in connection
with the transfer of positive and negative balance to the
settlement account are provided in §13.
Any
financing under this agreement may in principle be carried out for
contracts regarding export of financial instruments within such
definitions and rules as are practised at all times by the
Guarantee Institute for Expert Credit. No shipping and fishing boat
deliveries falling under Chapter&nbs