Common use of Certain Government Receivables Clause in Contracts

Certain Government Receivables. With respect to Receivables or Contracts, in each case, that constitute Collateral, to which the counterparty or obligor is (i) a Governmental Authority, such Grantor shall, as soon as reasonably practicable after the request by the Administrative Agent, take any commercially reasonable actions under any Assignment of Claims Act required to permit or approve the assignment of the rights to payment thereunder or thereon to the Administrative Agent on behalf of and for the benefit of the Secured Parties; provided, that the Administrative Agent shall not make such request with respect to any Receivables or Contracts that are not included in the calculation of the U.S. Borrowing Base or the Kildair Borrowing Base to the extent that the value of all such Receivables and Contracts to which the counterparty or obligor is a Governmental Authority that have not been perfected under an Assignment of Claims Act is less than $5,000,000 at any one time outstanding unless an Event of Default shall have occurred and be continuing or (ii) a Governmental Authority of a State within the United States, such Grantor shall, as soon as reasonably practicable, give notice to the Administrative Agent if such Governmental Authority has not, or has ceased to, waive all claims of sovereign immunity with respect to such Receivable or Contract by statute, applicable case law, contract or otherwise.

Certain Government Receivables. With respect to Receivables or Contracts, in each case, that constitute Collateral, to which the counterparty or obligor is (i) a Governmental Authority, such Grantor shall, as soon as reasonably practicable after the request by the Administrative Agent, take any commercially reasonable actions under any Assignment of Claims Act required to permit or approve the assignment of the rights to payment thereunder or thereon to the Administrative Agent on behalf of and for the benefit of the Secured Parties; provided, that the Administrative Agent shall not make such request with respect to any Receivables or Contracts that are not included in the calculation of the U.S. Borrowing Base or the Kildair Borrowing Base to the extent that the value of all such Receivables and Contracts to which the counterparty or obligor is a Governmental Authority that have not been perfected under an Assignment of Claims Act is less than $5,000,000 at any one time outstanding unless an Event of Default shall have occurred and be continuing or (ii) a Governmental Authority of a State within the United States, such Grantor shall, as soon as reasonably practicable, give notice to the Administrative Agent if such Governmental Authority has not, or has ceased to, waive all claims of sovereign immunity with respect to such Receivable or Contract by statute, applicable case law, contract or otherwise.

Certain Government Receivables. With respect to Receivables or Contracts, in each case, that constitute Collateral, to which the counterparty or obligor is (i) a Governmental Authority, such Grantor shall, as soon as reasonably practicable after the request by the Administrative Collateral Agent, take any commercially reasonable actions under any Assignment of Claims Act required to permit or approve the assignment of the rights to payment thereunder or thereon to the Administrative Collateral Agent on behalf of and for the benefit of the Secured Parties; provided, that the Administrative Collateral Agent shall not make such request with respect to any Receivables or Contracts that are not included in the calculation of the U.S. Borrowing Base or the Kildair Borrowing Base to the extent that the value of all such Receivables and Contracts to which the counterparty or obligor is a Governmental Authority that have not been perfected under an Assignment of Claims Act is less than $5,000,000 at any one time outstanding unless an Event of Default shall have occurred and be continuing or (ii) a Governmental Authority of a State within the United States, such Grantor shall, as soon as reasonably practicable, give notice to the Administrative Collateral Agent if such Governmental Authority has not, or has ceased to, waive all claims of sovereign immunity with respect to such Receivable or Contract by statute, applicable case law, contract or otherwise.