12.9(a)(iv)"Insolvency Filing" means that the Issuer institutes or has instituted against it by
a regulator, supervisor or any similar official with primary insolvency, rehabilitative or
regulatory jurisdiction over it in the jurisdiction of its incorporation or organization or the
jurisdiction of its head or home office, or it consents to a proceeding seeking a judgment of
insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law or other
similar law affecting creditors' rights, or a petition is presented for its winding-up or liquidation
by it or such regulator, supervisor or similar official or it consents to such a petition, provided
that proceedings instituted or petitions presented by creditors and not consented to by the Issuer
shall not be deemed an Insolvency Filing;