Court of Appeals for the Fifth Circuit September 17, 2004, Nos. 03-50506, 03-50560 (Af-Cap Inc. v. Republic of Congo)

E. GRADY JOLLY, Circuit Judge:

This appeal is the second in this case. The Republic of Congo is attempting to avoid its undisputed debt by claiming sovereign immunity under the Foreign Sovereign Immunities Act (FSIA), notwithstanding that, in the Lending Contract, it pledged as collateral all of its assets and properties, and expressly waived its sovereign immunity.