Common use of Changes to the Export Clause in Contracts

Changes to the Export. Credit Agency's or SIMEST's requirements (a) If the Export Credit Agency or SIMEST notifies the Agent in writing of a change of the ECA Cover Document or the IMUA (as applicable), or gives instructions to the ECA Agent with the effect that, in the opinion of the Agent, this Agreement or certain documents which the Borrower is or may be required to provide for the purpose of drawing a Loan under this Agreement shall be amended to comply with such change or instructions, then the ECA Agent shall promptly notify the Borrower of such a change in the Export Credit Agency's or SIMEST's requirements (as applicable) and of the relevant amendments to be made to this Agreement or any such documents as the Agent considers appropriate. (b) If the Agent notifies the Borrower of any proposed changes to this Agreement under paragraph (a) above, and provided that: (i) all the Lenders and the Borrower agree with such changes; and (ii) the Borrower indemnifies and holds harmless the Agent and the Lenders for any reasonable costs that it may incur arising from or in connection with any such amendments (including legal fees), then such changes will be made to this Agreement in accordance with the terms hereof. (c) If, in the opinion of the Lenders, there are any provisions of this Agreement that contradict or conflict with any provision of the ECA Cover Document or the IMUA (as applicable), such that compliance by any Finance Party with the terms of the ECA Cover Document or the IMUA (as applicable) may result in a breach by such Finance Party of any of the terms of this Agreement or to an extent that the same may have the effect of rendering all or any part of the ECA Cover Document or the IMUA (as applicable) void, voidable or otherwise not in full force and effect, the Borrower agrees that any relevant terms of this Agreement will be amended to the extent agreed in writing between the Borrower and the Agent to ensure compliance with the terms of the ECA Cover Document or the IMUA (as applicable).

Appears in 4 contracts

Samples: Loan Agreement (Norwegian Cruise Line Holdings Ltd.), Loan Agreement (Norwegian Cruise Line Holdings Ltd.), Loan Agreement (Norwegian Cruise Line Holdings Ltd.)

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