e ausfuhr verpflicht letter of undertaking format

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  • 7/29/2019 e Ausfuhr Verpflicht Letter of Undertaking format

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    i09 1002/1 1006

    Letter of Undertaking Exporters DN No. ***

    MFA No. of

    This document is a translation. Export Credit GuaranteeOnly the German text is legally effective. ***

    Attachment to the application for a Buyer Credit Guarantee

    Exporters complete name and address

    ************

    We are aware that x

    ***

    - hereinafter referred to as Bank -

    has requested or will request Finance Credit Cover from the Federal Government to safeguard a loan to

    ***

    - hereinafter referred to as Foreign Debtor -.

    The purpose of the loan is to finance an export transaction between us

    and ***

    - hereinafter referred to as Buyer -

    for the following goods and services: ***

    ******

    Subject to the provision of the Federal Buyer Credit Guarantee in our interest and in favour of the Bank, we acting onbehalf of the other members of the consortium / joint venture* - hereby irrevocably undertake to the following:

    1. a) We will completely and correctly present in writing all material circumstances which may have a bearing on theBuyer Credit Guarantee to the Bank. Any subsequent changes or modifications regarding the exporttransaction will be reported promptly.

    b) We will notify the Federal Government in writing of any circumstances which lead to a deterioration of the risk

    and which may come to our knowledge before full payment of the covered amount. Such circumstances are inparticular deemed to be:

    (1) The Buyer or the Foreign Debtor is in default or asks for a deferral.

    (2) There is an adverse change in the financial situation, payment behaviour or general assessment of theBuyer, the Debtor or the Guarantor, or the Buyer offers to discharge his contractual obligations in adifferent form from that originally agreed.

    c) We will, at any time requested, inform the Federal Government or its agents about the details of the exportbusiness, of its state of progress and of any circumstances which may be of importance for the granting of theBuyer Credit Guarantee.

    * This clause only applies if more than one exporter is entitled to the amount due for the export transaction paid fromthe loan (i.e. a consortium or joint venture).

    i09 1002e/1 0310

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    2. a) In the event of a breach of the obligations regulated by item 1a), we will indemnify the Federal Government forits obligation to pay a claim from the Bank under the terms of the Buyer Credit Guarantee unless the FederalGovernment determines that the incomplete or incorrect information that caused the breach of our obligationhad no influence on its decision concerning the underwriting of the Buyer Credit Guarantee. We shall be underno obligation to indemnify the Federal Government if we were not aware or could not have been aware thatthe information provided was incorrect or incomplete.

    b) If, caused by lack of due diligence, we do not comply with our obligations pursuant to item 1b) or c), we willindemnify the Federal Government for its obligation to pay a claim, unless the breach of obligations did notresult in the occurrence or threat of loss.

    c) In the event that we do not fulfil our obligations as set out in item 1b), we will indemnify the FederalGovernment for its obligation to pay a claim from the Bank, even if our ignorance of the existence ofinformation required to be notified led to a deterioration in the risk under any other Federal Governmentguarantee or prevented the Federal Government from taking risk-mitigating measures.

    3. Pursuant to item 2) the Federal Government may restrict our obligation to indemnify it according to thecircumstances of the individual case, particularly taking into account the loss which has occurred and the severityof the breach of contractual obligations.

    4. If any criminal offence, in particular bribery, was committed in connection with the conclusion of the export

    transaction, we will indemnify the Federal Government for i ts obligation to pay a claim unless we were ignorant ofsuch offences or could not have been expected to know about them.

    5. If the Foreign Debtor refuses to meet his obligations under the loan agreement citing incomplete or defectiveperformance of the export contract, with respect to a claim which was asserted within the warranty period, we willindemnify the Federal Government for its obligation to pay a claim from the Bank, if and as long as we or any ofour subcontractors are obliged to the Buyer under the warranty provisions of the export contract.

    6. If, upon approval of the Federal Government, the loan is to be disbursed to us prior to the supply of goods or theprovision of services, we further undertake:

    a) not to suspend or abandon the manufacturing process without the consent of the Federal Government,

    b) to indemnify the Federal Government from its obligation to pay a claim from the Bank under the Finance CreditCover if the manufacturing process is suspended, although the Federal Government would not be obliged toindemnify us under manufacturing risk cover - irrespective of the actual existence of such cover.

    7. If more than one exporter (consortium, joint venture) is entitled to the amount due for the export transaction paidfrom the loan, the obligation to indemnify the Federal Government pursuant to item 2, 4, 5 or 6 shall be limited toeach exporters individual share in the transaction.

    8. We will comply with our obligation to indemnify the Federal Government on first written demand.

    9. In case of the occurrence of a loss under the Buyer Credit Guarantee, we will transfer to the Federal Governmentany financial advantages accruing to us as a result of the loss as regulated by Art. 7 Par. 1.4 of the GeneralConditions for Buyer Credit Guarantees if the financial advantages exceed the charges arising out of the loancontract to be repaid by us to the Bank (with the exception of the administration fee and premium).

    10. The attachment Combating Bribery in respect of Business Transactions covered by Federal Export CreditGuarantees

    is enclosed.

    was submitted together with the application for a Suppler Credit Guarantee for this transaction.

    *** ***Place and Date Signature

    i09 1002e/2 0310