The Export Working Capital Guarantee serves as a crucial tool in international trade finance, enabling U.S. exporters to access necessary working capital for their export operations. This document is particularly important when exporters need financing for inventory, materials, or labor costs associated with export orders but may lack sufficient collateral or credit history to secure traditional financing. The guarantee structure, governed by U.S. law, typically includes detailed provisions about the scope of coverage, compliance requirements, reporting obligations, and risk management procedures. It's commonly used in conjunction with Export-Import Bank programs and must comply with various federal regulations governing international trade and banking.
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1. Parties: Identification of the lender, borrower, and guarantor
2. Background: Context of the export transaction and purpose of the guarantee
3. Definitions: Key terms used throughout the agreement
4. Guarantee: Core terms of the guarantee, including scope and limitations
5. Conditions Precedent: Requirements that must be met before the guarantee becomes effective
6. Representations and Warranties: Statements of fact by the parties regarding their status and ability to enter into the agreement
7. Covenants: Ongoing obligations of the parties during the guarantee period
8. Events of Default: Circumstances that trigger default and enforcement rights
9. Remedies: Actions available to parties in case of default
1. Security Provisions: Details of any collateral or security arrangements when the guarantee is secured by specific assets
2. Export Compliance Requirements: Specific export control compliance obligations when dealing with controlled goods or restricted markets
3. Currency Provisions: Terms dealing with currency conversion and exchange risks when transaction involves multiple currencies
4. Insurance Requirements: Specific insurance obligations when insurance is required as part of the guarantee structure
1. Schedule of Export Transactions: Details of the underlying export transactions covered by the guarantee
2. Form of Drawdown Notice: Template for requesting funds under the guarantee
3. Compliance Certificate: Standard form for periodic compliance certification
4. Security Documents: Forms of security documentation if applicable
5. Export Documentation Requirements: List of required export documentation and procedures
6. Fee Schedule: Details of all fees and charges applicable under the guarantee
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