Indirect Exports Clause Samples

Indirect Exports. In addition to the restrictions applicable to Inventory that is to be included as Eligible Export Related Finished Goods Inventory and Receivables that are to be included as Eligible Export Related Accounts Receivable, pursuant to the following restrictions, Indirect Exports may be included as Items in a Loan Facility provided that funds available under such Loan Facility’s Formula Amount supported by Receivables and Inventory derived from Indirect Exports at no time exceed ten percent (10%) of the Maximum Revolving Advance Amount of such Loan Facility, and provided, further that (a) the ultimate foreign buyer for the Items must be located in a country in which ExIm Bank is not legally prohibited from doing business in accordance with the Country Limitation Schedule, and (b) Borrowers must make available to Agent verifiable evidence of intent to export the Indirect Exports from the United States, which evidence may be contained in the Export Orders and Accounts Receivable Aging Reports and supporting documents. Agent must obtain written consent from ExIm Bank prior to including funds derived from Indirect Exports in the Formula Amount above the ten percent (10%) of the Maximum Revolving Advance Amount of such Loan Facility threshold.

Indirect Exports. Indirect Exports may be included as Items in a Loan Facility provided that funds available under such Loan Facility’s Export-Related Borrowing Base WEST\21453696.3 355157-000030 supported by Accounts Receivable and Inventory derived from Indirect Exports at no time exceed ten percent (10%) of the Maximum Amount of such Loan Facility, and provided, further that (a) the ultimate foreign buyer for the Items must be located in a country in which Ex-Im Bank is not legally prohibited from doing business in accordance with the Country Limitation Schedule, and (b) the Borrower must make available to Lender verifiable evidence of intent to export the Indirect Exports from the United States, which evidence may be contained in the Export Orders and Accounts Receivable Aging Reports and supporting documents. Lender must obtain written consent from Ex-Im Bank prior to including funds derived from Indirect Exports in an Export-Related Borrowing Base above the ten percent (10%) threshold.

Indirect Exports. Lender may include Indirect Exports as Items in a Loan Facility, provided that funds available under such Loan Facility’s Export-Related Borrowing Base supported by Accounts Receivable and Inventory derived from Indirect Exports at no time exceed ten percent (10%) of the Maximum Amount of such Loan Facility, and provided, further that (a) the ultimate foreign buyer for the Items must be located in a country in which EXIM Bank is not legally prohibited from doing business in accordance with the Country Limitation Schedule, and (b) the Lender must obtain verifiable evidence of intent to export the Indirect Exports from the United States, which evidence may be contained in the Export Orders and Accounts Receivable Aging Reports and supporting documents. Lender must obtain written consent from EXIM Bank prior to including funds derived from Indirect Exports in an Export- Related Borrowing Base above the ten percent (10%) threshold.

Indirect Exports. Lender may include Indirect Exports as Items in a Loan Facility, provided that funds available under such Loan Facility’s Export-Related Borrowing Base supported by Accounts Receivable and Inventory derived from Indirect Exports at no time exceed ten percent (10%) of the Maximum Amount of such Loan Facility, and provided, further that (a) the ultimate foreign buyer for the Items must be located in a country in which EXIM Bank is not legally prohibited from doing business in accordance with the Country Limitation Schedule, and‌

Indirect Exports. Borrowers acknowledge that, notwithstanding anything to the contrary provided for in any other provision of this Agreement or any Other Document, Indirect Exports not may be included as Items under this loan facility, and Export Related Accounts Receivable in connection with the sale of such Indirect Imports may not be included in the Formula Amount, except as and to the extent permitted by Section 2.15 of the Export-Import Borrower Agreement.