EACH TERM STATED IN EITHER THE SINGULAR OR PLURAL SHALL INCLUDE THE
SINGULAR AND THE PLURAL, AND PRONOUNS STATED IN THE MASCULINE, FEMININE OR
NEUTER GENDER SHALL INCLUDE THE MASCULINE, THE FEMININE AND THE NEUTER; (B) THE
TERM "OR" IS NOT EXCLUSIVE; (C) THE TERM "INCLUDING" (OR ANY FORM THEREOF) SHALL
NOT BE LIMITING OR EXCLUSIVE; (D) ALL REFERENCES TO
11
STATUTES AND RELATED REGULATIONS SHALL INCLUDE ANY AMENDMENTS OF SAME AND ANY
SUCCESSOR STATUTES AND REGULATIONS; (E) THE WORDS "THIS AGREEMENT", "HEREIN",
"HEREOF", "HEREUNDER" OR OTHER WORDS OF SIMILAR IMPORT REFER TO THIS AGREEMENT
AS A WHOLE INCLUDING THE SCHEDULES, EXHIBITS, AND ANNEXES HERETO AS THE SAME MAY
BE AMENDED, MODIFIED OR SUPPLEMENTED; (F) ALL REFERENCES IN THIS AGREEMENT TO
SECTIONS, SCHEDULES, EXHIBITS, AND ANNEXES SHALL REFER TO THE CORRESPONDING
SECTIONS, SCHEDULES, EXHIBITS, AND ANNEXES OF OR TO THIS AGREEMENT; AND (G) ALL
REFERENCES TO ANY INSTRUMENTS OR AGREEMENTS, INCLUDING REFERENCES TO ANY OF THE
LOAN DOCUMENTS, OR THE DELEGATED AUTHORITY LETTER AGREEMENT SHALL INCLUDE ANY
AND ALL MODIFICATIONS, AMENDMENTS AND SUPPLEMENTS THERETO AND ANY AND ALL
EXTENSIONS OR RENEWALS THEREOF TO THE EXTENT PERMITTED UNDER THIS AGREEMENT.
1.3
INCORPORATION OF RECITALS.
THE RECITALS TO
THIS AGREEMENT ARE INCORPORATED INTO AND SHALL CONSTITUTE A PART OF THIS
AGREEMENT.
2
OBLIGATIONS OF BORROWER
Until payment in full of all Loan Facility Obligations and termination of the
Loan Documents, Borrower agrees as follows:
2.1
USE OF CREDIT ACCOMMODATIONS.
(A)
BORROWER SHALL USE CREDIT ACCOMMODATIONS
ONLY FOR THE PURPOSE OF ENABLING BORROWER TO FINANCE THE COST OF MANUFACTURING,
PRODUCING, PURCHASING OR SELLING THE ITEMS.
BORROWER MAY NOT USE ANY OF THE
CREDIT ACCOMMODATIONS FOR THE PURPOSE OF: (I) SERVICING OR REPAYING ANY OF
BORROWER'S PRE-EXISTING OR FUTURE INDEBTEDNESS UNRELATED TO THE LOAN FACILITY
(UNLESS APPROVED BY EX-IM BANK IN WRITING); (II) ACQUIRING FIXED ASSETS OR
CAPITAL GOODS FOR USE IN BORROWER'S BUSINESS; (III) ACQUIRING, EQUIPPING OR
RENTING COMMERCIAL SPACE OUTSIDE OF THE UNITED STATES; (IV) PAYING THE SALARIES
OF NON U.S. CITIZENS OR NON-U.S. PERMANENT RESIDENTS WHO ARE LOCATED IN OFFICES
OUTSIDE OF THE UNITED STATES; OR (V) IN CONNECTION WITH A RETAINAGE OR WARRANTY
(UNLESS APPROVED BY EX-IM BANK IN WRITING).
(B)
IN ADDITION, NO CREDIT ACCOMMODATION MAY BE
USED TO FINANCE THE MANUFACTURE, PURCHASE OR SALE OF ANY OF THE FOLLOWING:
(I)
ITEMS TO BE SOLD OR RESOLD TO A BUYER
LOCATED IN A COUNTRY AS TO WHICH EX-IM BANK IS PROHIBITED FROM DOING BUSINESS AS
DESIGNATED IN THE COUNTRY LIMITATION SCHEDULE;
(II)
THAT PART OF THE COST OF THE ITEMS WHICH
IS NOT U.S. CONTENT UNLESS SUCH PART IS NOT GREATER THAN FIFTY PERCENT (50%) OF
THE COST OF THE ITEMS AND IS INCORPORATED INTO THE ITEMS IN THE UNITED STATES;
(III)
DEFENSE ARTICLES OR DEFENSE SERVICES; OR
12
(IV)
WITHOUT EX-IM BANK'S PRIOR WRITTEN CONSENT,
ANY ITEMS TO BE USED IN THE CONSTRUCTION, ALTERATION, OPERATION OR MAINTENANCE
OF NUCLEAR POWER, ENRICHMENT, REPROCESSING, RESEARCH OR HEAVY WATER PRODUCTION
FACILITIES.
2.2
LOAN DOCUMENTS AND LOAN AUTHORIZATION
AGREEMENT.
(A)