Credit Accommodations. (a) The amount of the Credit Accommodations available to be made or incurred hereunder at any particular time from time to time shall be equal to the difference between (a) the lesser at such time of (i) the Maximum Amount, or (ii) the Export-Related Borrowing Base; and (b) the Credit Accommodation Amount at such time. The Export-Related Borrowing Base shall be determined in accordance with this Agreement, the Borrower Agreement, the Waiver Letter and the Export-Related Borrowing Base Certificate. Any Eligible Export-Related Account Receivable included in the Export-Related Borrowing Base which subsequently fails to satisfy any of the applicable eligibility criteria shall immediately cease to be included in the Export-Related Borrowing Base. (b) Notwithstanding anything contained in this Agreement to the contrary: (i) Lender shall not undertake any new Credit Accommodation under this Agreement: (A) after the Stated Final Disbursement Date; (B) during the continuance of an Event of Default hereunder; (C) if such Credit Accommodation has been or will be used in a manner prohibited by the Borrower Agreement; or (D) if no outstanding Export Order(s) exist with respect to Borrower. (ii) No Warranty Letters of Credit shall be issued by Lender under this Agreement without the prior written approval of Lender and Ex-Im Bank; and if such approval is obtained, any Warranty Letter of Credit so approved shall be issued only upon the satisfaction of all conditions to such issuance, including reserves from the Export-Related Borrowing Base, established by Lender and Ex-Im Bank.
Appears in 4 contracts
Samples: Export Loan Agreement (Fuelcell Energy Inc), Export Loan Agreement (Fuelcell Energy Inc), Export Loan Agreement (Fuelcell Energy Inc)
Credit Accommodations. (a) The amount of the Credit Accommodations available to be made or incurred hereunder at any particular time from time to time for the benefit of a Borrower shall be equal to the difference between (a) the lesser at such time of (i) the Maximum Amount, or (ii) the Export-Related Export related Borrowing Base; and (b) the Credit Accommodation Amount at such time. The Export-Related related Borrowing Base shall be determined in accordance with this Agreement, the Borrower Agreement, the Waiver Letter Agreement and the Export-Related related Borrowing Base Certificate. .
(i) Any Eligible Export-Related related Account Receivable or Eligible Export-related Inventory included in the Export-Related related Borrowing Base which subsequently fails to satisfy any of the applicable eligibility criteria shall immediately cease to be included in the Export-Related related Borrowing Base.
(ii) Upon the sale, shipment, delivery to and acceptance by Buyer of any Item of Eligible Export-related Inventory, such Item shall cease to be included in the Export-related Borrowing Base as Export-related Inventory; however, the resulting Export-related Account Receivable shall be included in the Export-related Borrowing Base provided that it otherwise satisfies all of the eligibility criteria for Eligible Export-related Accounts Receivable.
(b) Notwithstanding anything contained in this Agreement to the contrary:;
(i) Lender shall not undertake any new Credit Accommodation under this AgreementAgreement for any Borrower:
(A) after the Stated Final Disbursement Date;
(B) during the continuance of an Event of Default hereunder;
(C) if such the Credit Accommodation has been or will be used in a manner prohibited by the Borrower Agreement; or
(D) if no outstanding Export Order(s) exist with respect to such Borrower.
(ii) No Warranty Letters of Credit shall be issued by Lender under this Agreement without the prior written approval of Lender and Ex-Im Bank; and if such approval is obtained, any Warranty Letter of Credit so approved shall be issued only upon the satisfaction of all conditions to such issuance, including reserves from the Export-Related Borrowing Base, established by Lender and Ex-Im Bank.
Appears in 1 contract
Samples: Export Loan Agreement (Usdata Corp)