Bond submission.F.pd

OTHER submitted by TerreStar Networks Inc.

Performance bond requiement submission

2008-12-11

This document pretains to SES-AMD-20071130-01642 for Amended Filing on a Satellite Earth Station filing.

IBFS_SESAMD2007113001642_683582

One Discovery Square 12010 Sunset Hills Rd. • Suite 900 • Reston, VA 20190 December 11, 2008 FILED ELECTRONICALLY Marlene H. Dortch Secretary Federal Communications Commission 445 12th St., S.W. Washington, DC 20554 Re: Performance bond (E070098) Dear Ms. Dortch: TerreStar Networks Inc. has complied with the performance bond requirement associated with its gateway earth station license. See FCC File No. SES-LIC-20070530-00732, Special and General Provisions, condition 486. A copy of TerreStar’s performance bond is attached. Please direct any questions concerning this filing to the undersigned. Sincerely, /s/ Douglas I. Brandon Douglas I. Brandon Vice President, Regulatory Affairs cc: Fern Jarmulnek, FCC Andrea Kelly, FCC Scott Kotler, FCC

This bondis executed in Duplicate Bond No. 2093929 License and/or Permit Continuous Bond KNOW ALL PERSONS BY THESE PRESENTS, That TerreStar Networks Inc. (hereinafter called the "Principal"), and North American Specialty Insurance Company, Inc., a New Hampshire corporation (hereinafter called the "Surety"), are held and firmly bound unto the United States Treasury (hereinafter called the "Obligee"), in the maximum penal sum of SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000.00) to the payment of which sum, well and truly be made, the Principal and Surety bind themselves, and each of their heirs, administrators, executors and assigns, jointly and severally, firmly by these presents. Regardless of the number of years this bond may be in force, the aggregate liability of the Surety payable under this bond shall not be cumulative and is limited to the stated maximum penal sum. WHEREAS, the Federal Communications Commission ("FCC") has issued a license to the Principal to operate a gateway earth station, EO 70098; and WHEREAS, it is a condition of the gateway earth station license (the "Gateway License") that the Principal file a payment bond with the FCC within 30 days of the issuance of the license. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall well and truly perform each and every obligation set forth below at the time and in the manner specified during the term of this bond, then this obligation shall be void, but otherwise shall remain in full force and effect. PROVIDED, HOWEVER, that this bond is subject to the following conditions: 1. The TerreStar—1 satellite that is the subject of an authorization issued by the FCC under call sign $2633, as modified from time to time ("TerreStar—1 Authorization"), must be launched and placed into operation in accordance with the technical parameters and terms and conditions of the authorization by the time period—milestone specified below or such extended time period—milestone as the FCC may authorize. By way of example and not limitation, this condition shall survive any transfer of control of the holder of the TerreStar—1 Authorization and/or the Gateway License and shall survive any assignment of the TerreStar—1 Authorization and/or the Gateway License to any entity controlling, controlled by, under the same control as the Principal. Launch and begin operations by August 30, 2009 2. In the event of a Notice of Default (/.e., an order or public notice revoking the TerreStar—1 Authorization) issued by the FCC to the Principal and the Surety regarding the performance of the milestone specified above during the term of this bond, the Surety shall be liable only up to the maximum penal sum amount. It is also understood and unconditionally agreed that upon receipt of such Notice of Default, the sole remedy under this bond will be the tender of payment of the current outstanding maximum penal sum of the bond within thirty (30) business days of such Notice of Default.

Any such Notice of Default made under this bond shall be made in writing and shall be given a personal delivery or expedited delivery service, postage pre—paid, addressed to the parties at the addresses specified below: To the Surety: North American Specialty Insurance Company Attn: Surety Claims 1200 Arlington Heights Road, Itasca, IL 60143 To the Principal: TerreStar Networks Inc. Attn: Vincent Loiacono 12010 Sunset Hills Rd Ste 600 Reston, VA 20190 Signed, sealed and dated the 10‘ day of December, 2008 Principal: TerreStar Networks Inc. is Mnpateferuank N~ame: M',./Cw ZAo,/heaaws Title: Peypetpn Frypicim. OCFFitGt Surety: North American Specialty Insurance Company aMe", Name: LoigJean Blinn Title: Attorney—in—Fact

enale NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THATNorth American Specialty Insurance Company. a corporation duly organized and existing under laws ofthe State of New Hampshire, and having its principal office in the City of Manchester, NewHampshire, and Washington International lnsur.mcu Company, a corporation organized and existing under the laws ofthe State of New Hampshire and havingits principal office in the City of Illinois, cach does hereby make, constitute and appoint: LOIS JEAN BLINN, KAY A. HULL BRIAN PASSOLT, YASMIN A. PATEL AND TERL SISSEL JOINTLY OR SEVERALLY Its true and lawful Attorney(s)—in—Fact, to make. execute, seal and deliver, for and onits behalfand as its act and deed, bonds or other writings obligatoryin the nature ofa bond on behalf ofeach ofsaid Companics, as surety, on contracts ofsuretyship as are or maybe required or permitted by Iaw, regulation, contract or otherwise. provided that no bond or undertaking or contract or suretyship executed under this authorityshall exceed the amount of: NTY—FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorneyis granted andis signed by facsimile under and bythe authorityofthe following Resolutions adopted bythe Boards of Directors ofboth North American Specialty Insurance Company and Washington InternationalInsurance Companyat mectingsdulycalled and held onthe 24of March, 2000: "RESOLVED,that anytwoofthe Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretaryor any Assistant Secretary be. and eachor any of themherebyis authorized to execute a Power ofAttorneyqualifying the attomeynamed in the given Power ofAttorneyto execute on behalfof the Companybonds. undertakings andall contracts ofsurety. and that eachor anyofthem hereby is authorized to attest to the executionofanysuch PowerofAttorneyand to attachtherein the seal of the Company; andit is FURTHER RESOLVED, that the signature ofsuchofficers and the seal ofthe Company maybe affixed to anysuch Power ofAttorneyor to any certificate relating thereto by facsimile, and anysuch Power ofAttorneyor certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future withregurd toanybond, undertaking or contract ofsurety to whichit is attached." \\2‘t qoi0'//@, se t ied By [ PlakL.. Steven P. Andersoi Bavid M. Layman, Senior VicePresident ofWathinglon Intemational Insursnce Company & Vice President of North American Specialty Insurance Company IN WITNESS WHER OF. North American SpecialtyInsurance Companyand WashingtonInternational Insurance Companyhave caused their official seals to be hereunt aftixed. and these presents to be signed by their authorized officers this 30%"_dayof September . 2008. North American Specialty Insurance Company Washington International Insurance Company State of Illinois Countyof Du Page ()n(lus?‘}‘hda\mScp"""h"r.2()@_.bufl)rcnw.uanuryI’ublicpcrsonull_\‘uppcumdSluvcnP.Andcrsnn.I’rcsidum'.deEOul‘ Washington International Insurance Companyand Senior Vice President of North American SpecialtyInsurance Companyand David M. Layman . Senior Viee President of Washington InternationalInsurance Company andVice President ofNorth American SpecialtyInsurance Company. personallyknown. to me, who being by me duly swomn, acknowledged that theysigned the above Power ofAttorneyas officers ofand acknowledgedsaid instrument to be the voluntaryact and deedoftheir resnective companies. ,A(j qpmia A. Donna D. Sklens, NotaryPublic 1. Jumes A. Carpenter . the dulyelected Assi : ; ofNorth American SpecialtyInsurance Companyand Washington InternationalInsurance Company, do hereby certify that the above andforegoing is a true and correct copyofa Power ofAitemeygiven hy said North American SpecialtyInsurance Company and Washington International Insurance Company, whichis still in full force and effect. IN WITNESS WHEREOEF, 1 haveset my hand andaffixed the seals ofthe Companiesthis 10th dayof___December_, 20 98 _ mtCcpntes James A Carpenter, Vice President & Assistant Sectetany of Washungtan Intermational Insurance Corpany de North Amenicmn Specialt Insursnce Compans


Document Created: 2008-12-11 16:29:48
Document Modified: 2008-12-11 16:29:48
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