Export Contracts definition
Examples of Export Contracts in a sentence
Each Loan and Letter of Credit hereunder is subject to the condition precedent that the Bank shall have reviewed and approved in its sole discretion the terms and conditions, including without limitation that there exists satisfactory evidence that the Items will in fact be exported, of the applicable Export Order or Indirect Export Order and, if required by the Bank, any Direct Export Contracts.
In addition, the Borrower shall inform KfW without delay of its own accord of any modification of or amendment to the Export Contracts that may materially affect the volume of goods and services or any other material provision of the Export Contracts.
The proceeds of the Loans shall be used by the Borrower exclusively to finance costs incurred in the processing, warehousing and exporting of sugar cane and/or Goods used to fulfill its obligations under the Export Contracts and/or the Off-take Contracts.
Nothing herein shall in any way limit the Borrower's ability to seek damages from Exporter under any of the Export Contracts if the goods delivered pursuant to the Export Contract do not meet contract specifications set forth under such Export Contract.
Based on the foregoing, KfW is prepared, on the terms and subject to the conditions set forth herein and in the other Financing Documents, to make Loans to the Borrower that constitute Loans in an aggregate principal amount up to US$22,500,000 for the purchase of equipment and services delivered by the Exporter under the Export Contracts in connection with the development of the Sulfide Project.
An acceleration (either in part or in full) of the Borrower’s obligation to pay the Scheduled Payment and/or prepayment by the Borrower, even though contemplated in the Facility Agreement, shall accordingly reduce the EXIM Bank exposure against such Facility Agreement and related Export Contracts.
Notwithstanding the foregoing, the Borrower shall not and shall not permit any of its Subsidiaries to create, incur, assume or suffer to exist any Lien securing indebtedness or any other Lien which may have a Material Adverse Effect on any of its real or personal properties, including without limitation any rights to payments which arise out of Export Contracts, the Collection Account or any proceeds credited thereto or carried therein.
The Borrower shall inform KfW without delay of any event that, in its reasonable judgment, could be reasonably expected to materially impede or endanger the implementation of the Export Contracts according to schedule.
No modification of, or amendment to, the Export Contracts that will (i) reduce the total price of the Export Contracts below US$22,500,000 or (ii) change the Exporter under the Export Contracts, in each case without the prior consent of KfW.
The Borrower shall on demand furnish any information reasonably requested by KfW regarding the Export Contracts.