Common use of Assignment to Ex-Im Bank Clause in Contracts

Assignment to Ex-Im Bank. (a) Upon making a demand on Ex-Im Bank pursuant to Section 8.02 with respect to any Note(s) issued under a particular Credit, the Lender and the relevant Noteholder(s) shall each submit to Ex-Im Bank an assignment in the form of Annex E to this Agreement of all of their respective rights, title and interest in and to: (i) all outstanding Notes issued in connection with such Credit that are covered by the relevant demand, each endorsed by the relevant Noteholder to the order of Ex-Im Bank without recourse to such Noteholder (which Notes shall not be stamped, marked or amended in a manner prohibited by Section 9.03 or canceled, destroyed, perforated or mutilated); (ii) the Credit Agreement; (iii) any Security granted in connection with such Credit and/or all Notes issued in connection with such Credit; and (iv) any other instrument or agreement executed by the Borrower or any Guarantor regarding obligations of the Borrower or any Guarantor covered by the Guarantee. (b) For the purposes of this Agreement, “Security” shall mean any security granted in connection with a Credit and/or Notes to secure amounts related to such Credit and/or the outstanding Notes issued in connection with such Credit that are covered by the Guarantee. “Security” for a particular Credit shall not include:

Assignment to Ex-Im Bank. (a) Upon making a demand on Ex-Im Bank pursuant to Section 8.02 with respect to any Note(s) issued under a particular Credit, the Lender and the relevant Noteholder(s) Agent shall each submit to Ex-Im Bank an assignment assignments in the form of Annex E to this Agreement of all of their its and the relevant Lenders’ respective rights, title and interest (if any) in and to: (i) all outstanding Notes issued in connection with such Credit that are covered by the relevant demand, each endorsed by the Agent, on behalf of the relevant Noteholder Lenders, to the order of Ex-Im Bank without recourse to the Agent or any such Noteholder Lender (which Notes shall not be stamped, marked or amended in a manner prohibited by Section 9.03 or canceled, destroyed, perforated or mutilated); (ii) the Credit Agreement; (iii) any and all Security granted in connection with such Credit and/or all Notes issued in connection with such Credit; and (iv) any other instrument or agreement executed by the Borrower or any Guarantor regarding obligations of the Borrower or any Guarantor covered by the Guarantee. (b) For the purposes of this Agreement, “Security” shall mean any security granted in connection with a Credit and/or Notes to secure amounts related to such Credit and/or the outstanding Notes issued in connection with such Credit that are covered by the Guarantee. “Security” for a particular Credit shall not include: