Examples of KEXIM Covered Facility in a sentence
In connection with the transactions contemplated by the Financing Documents, KEXIM is also entering into that certain KEXIM Guarantee for the benefit of the KEXIM Covered Facility Lenders.
The rights of each of the KEXIM Covered Facility Lender and their respective Affiliates under this Section 11.14 are in addition to other rights and remedies (including other rights of setoff) that such KEXIM Covered Facility Lenders or their respective Affiliates may have.
This subsection shall not be construed to require KEXIM, the KEXIM Facility Agent or any KEXIM Covered Facility Lender to make available its Tax returns (or any other information relating to its Taxes that it deems confidential) to the Borrower or any other Person.
In connection with any such assignment, the Borrower, the KEXIM Facility Agent, such Non-Consenting Lenders and the replacement KEXIM Covered Facility Lenders shall otherwise comply with Section 11.04 (Assignments).
If the KEXIM Facility Agent or any KEXIM Covered Facility Lender shall receive interest in an amount that exceeds the Maximum Rate, the excess interest shall be applied to the principal of the KEXIM Covered Facility Loans or, if it exceeds such unpaid principal, refunded to the Borrower.
If the Borrower has not in fact made such payment, then each of the KEXIM Covered Facility Lenders severally agrees to repay to the KEXIM Facility Agent forthwith on demand the amount so distributed to such KEXIM Covered Facility Lender in immediately available funds with interest thereon, for each day from (and including) the date such amount is distributed to it to (but excluding) the date of payment to the KEXIM Facility Agent, at the Federal Funds Effective Rate.
Each of the KEXIM Covered Facility Lenders also acknowledges that it will, independently and without reliance upon the KEXIM Facility Agent, any other KEXIM Covered Facility Lender or any of their Related Parties and based on such documents and information as it shall from time to time deem appropriate, continue to make its own decisions in taking or not taking action under or based upon this Agreement, any other Financing Document or any related agreement or any document furnished hereunder or thereunder.
No failure by any KEXIM Covered Facility Secured Party to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder or under any other Financing Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
The occurrence of the Closing Date and the effectiveness of the KEXIM Covered Facility Commitments are subject to the satisfaction of each of the conditions precedent specified in Schedule 5.1 (Conditions to Closing Date) to the Common Terms Agreement, in each case to the satisfaction of each of the KEXIM Covered Facility Lenders, unless, in each case, waived by each of the KEXIM Covered Facility Lenders.
Notwithstanding the foregoing, the Borrower will not be required to pay any Commitment Fee to any KEXIM Covered Facility Lender with respect to any period in which such KEXIM Covered Facility Lender was a Defaulting Lender.