ANY GUARANTOR FOR THE LIQUIDATION OF ITS ASSETS OR DISSOLUTION;
(E)
ANY LITIGATION IS FILED AGAINST THE
BORROWER OR ANY GUARANTOR WHICH HAS HAD OR COULD REASONABLY BE EXPECTED TO HAVE
AN EX-IM MATERIAL ADVERSE EFFECT AND SUCH LITIGATION IS NOT WITHDRAWN OR
DISMISSED WITHIN THIRTY (30) CALENDAR DAYS OF THE FILING THEREOF;
(F)
ANY DEFAULT OR EVENT OF DEFAULT UNDER THE
INTERNATIONAL LOAN DOCUMENTS;
(G)
ANY FAILURE TO COMPLY WITH ANY TERMS OF THE
LOAN AUTHORIZATION AGREEMENT;
(H)
ANY MATERIAL PROVISION OF THIS AGREEMENT OR
ANY OTHER INTERNATIONAL LOAN DOCUMENT FOR ANY REASON CEASES TO BE VALID, BINDING
AND ENFORCEABLE IN ACCORDANCE WITH ITS TERMS;
(I)
ANY EVENT WHICH HAS HAD OR COULD
REASONABLY BE EXPECTED TO HAVE AN EX-IM MATERIAL ADVERSE EFFECT;
(J)
THE AGGREGATE OUTSTANDING AMOUNT OF
DISBURSEMENTS EXCEEDS THE APPLICABLE EXPORT-RELATED BORROWING BASE;
(K)
THE EXISTENCE OF ANY CONDITION REQUIRING A
MANDATORY PREPAYMENT OR DEPOSIT OF CASH COLLATERAL PURSUANT TO SECTION 3.1
HEREOF;
(L)
ANY FAILURE TO PAY WHEN DUE ANY AMOUNT
PAYABLE TO THE BANK BY THE BORROWER OR ANY SUBSIDIARY UNDER ANY NON-EX-IM BANK
GUARANTEED LOAN(S) EXTENDED BY THE BANK TO THE BORROWER OR ANY SUBSIDIARY;
(M)
ANY ACTUAL BREACH, OR THREATENED BREACH MADE
IN WRITING, IN ANY MATERIAL RESPECT OF ANY MATERIAL PROVISION OF ANY EXPORT
ORDER INCLUDED IN THE INTERNATIONAL BORROWING BASE, BY ANY PARTY TO ANY SUCH
CONTRACT; OR
(N)
THE BORROWER HAS INCLUDED IN THE
INTERNATIONAL BORROWING BASE ANY ACCOUNTS RECEIVABLE THAT NO LONGER QUALIFIES AS
ELIGIBLE EXPORT-RELATED ACCOUNTS RECEIVABLE.
21
8.6
SECURITY AND FURTHER ASSURANCES.
EACH LOAN
PARTY SHALL, FROM TIME TO TIME AS THE BANK MAY REASONABLY REQUEST, AT THE
BORROWER'S OWN EXPENSE, PROMPTLY EXECUTE AND DELIVER ALL SUCH FURTHER
INSTRUMENTS (INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
ADDITIONAL SECURITY AGREEMENTS, AND FINANCING STATEMENTS) AND DO SUCH OTHER ACTS
AS THE BANK MAY REASONABLY REQUEST FOR THE PURPOSE OF PROTECTING OR PERFECTING
ANY LIEN CREATED OR GRANTED OR INTENDED TO BE CREATED OR GRANTED IN THE
INTERNATIONAL SECURITY DOCUMENTS OR IN ORDER TO ENSURE THAT ANY SUCH LIEN IS OF
THE PRIORITY PURPORTED TO BE GRANTED THEREBY AND AS REQUIRED BY SECTION 9.1
HEREOF, OR IN ORDER TO POLICE OR PROTECT ANY COLLATERAL OR OTHERWISE TO CARRY
OUT MORE EFFECTUALLY THE PURPOSES AND INTENT OF THE INTERNATIONAL LOAN
DOCUMENTS.
8.7
ESTABLISHMENT OF CASH COLLATERAL ACCOUNT.
ESTABLISH AND MAINTAIN A DEPOSIT ACCOUNT WITH WELLS FARGO, IN WHICH PAYMENTS
RELATED TO EXPORT-RELATED ACCOUNTS RECEIVABLE WILL BE DEPOSITED DIRECTLY BY WIRE
TRANSFER (THE "CASH COLLATERAL ACCOUNT"); PROVIDED, HOWEVER, THAT PAYMENTS FROM
DURRAT AND DIYAAR WILL BE DEPOSITED IN AN ACCOUNT AT AHLI UNITED BANK (THE "AHLI
UNITED BANK DEPOSIT ACCOUNT") WITH THE PORTION OF SUCH PAYMENTS BELONGING TO THE
BORROWER OR GUARANTOR TO BE DEPOSITED IN THE CASH COLLATERAL ACCOUNT REASONABLY
PROMPTLY, AND IN ANY EVENT WITHIN TWO (2) BUSINESS DAYS (AS DEFINED IN THE
STANDING INSTRUCTION AGREEMENT), FROM THE DATE OF THE DEPOSIT IN THE AHLI UNITED
BANK DEPOSIT ACCOUNT AND, PROVIDED, FURTHER THAT (I) PAYMENTS RELATED TO