Eligible Government Accounts. “Eligible Government Accounts” shall include, on any date of determination of the Borrowing Base, all Accounts of Borrowers (i) on which the Account Debtor is the United States or any federal Governmental Authority and (ii) that, in all other respects would qualify as an Eligible Commercial Account, but for the fact that the Account Debtor is the United States or any federal Governmental Authority, except that the exclusionary criteria set forth in Section 2.18(a)(xxv) shall not be applicable to Eligible Government Accounts; provided, however, that, notwithstanding any other provision of this Agreement, the total amount of availability under the Borrowing Base in respect of Eligible Government Accounts (or Eligible Unbilled Accounts in respect of Eligible Government Accounts) shall not exceed the greater of (i) $10,000,000 or (ii) the total amount of such Accounts, if any, for which the applicable Borrower has previously assigned its rights to payment of such Account to the Administrative Agent pursuant to the Assignment of Claims Act of 1940, as amended, and such assignment has been accepted and acknowledged by the appropriate United States government officers.
Eligible Government Accounts. A new clause (s) is hereby added to the definition of "Eligible Accounts" in Section 1.19 of the Loan Agreement as follows: "(s) such Accounts owed by the United States of America, any State, political subdivision, agency or instrumentality thereof, with respect to which Borrowers have not fully complied with the Federal Assignment of Claims Act of 1940, as amended, or any similar state or local law, if applicable, do not constitute more than twenty percent (20%) of all otherwise Eligible Accounts (but the portion of such Accounts not in excess of such percentage may be deemed Eligible Accounts)." Additionally, the second proviso in Section 2.1(a)(i) of the Loan Agreement is hereby deleted in its entirety.
Eligible Government Accounts. Section 2.18(b) of the Credit Agreement is amended by deleting the following words: “; provided, however, that, notwithstanding any other provision of this Agreement, the total amount of availability under the Borrowing Base in respect of Eligible Government Accounts (or Eligible Unbilled Accounts in respect of Eligible Government Accounts) shall not exceed the greater of (i) $10,000,000 or (ii) the total amount of such Accounts, if any, for which the applicable Borrower has previously assigned its rights to payment of such Account to the Administrative Agent pursuant to the Assignment of Claims Act of 1940, as amended, and such assignment has been accepted and acknowledged by the appropriate United States government officers”
