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We regularly represent U.S. lenders, exporters, and foreign borrowers in the structuring, negotiation, and documentation of export finance transactions involving credit enhancements provided by U.S. and multi-lateral agencies. Our lawyers have extensive experience with the financial products and credit enhancements offered by the Export-Import Bank of the United States (EXIM Bank), the U.S. Trade and Development Agency (USTDA), the Overseas Private Investment Corporation (OPIC), and the Private Export Funding Corporation (PEFCO).
We have counseled clients in hundreds of export finance transactions. Our engagements in this area have addressed pre-export working capital facilities, short-term revolving buyer credits and loan facilities, medium and long-term loans and credits, receivables financing facilities, bank-to-bank credit guarantee facilities, and structured limited recourse project finance transactions involving large turn-key plant and infrastructure projects abroad. Our attorneys have assisted clients in every step of the export finance process – from the application, to credit documentation, to assistance with claims.
Recent examples of our work in the export finance area include the following matters:
- Representation of a Central American regional development bank in the negotiation and documentation of an EXIM Bank supported master Credit Guarantee Facility and the subsequent negotiation of individual facility agreements with individual regional banks under the Credit Guarantee Facility
- Representation of a U.S. national bank in financing the design, development, and construction of a solar power plant in Korea by using a loan guarantee from EXIM Bank, which was the first ever transaction completed under EXIM Bank’s 15-year guarantee program for renewable energy, water and hydroelectric power projects
- Representation of a U.S. lender in an EXIM Bank guaranteed credit transaction for the purchase of U.S. construction equipment by a Saudi company utilizing Sharia compliant financing
- Representation of the U.S. subsidiary of an Austrian Bank in financing the purchase of wastewater treatment equipment by a Hungarian municipal corporation from the U.S. and Canada for export to Hungary, utilizing loan guarantees from EXIM Bank and loan guarantees from Canada’s export credit agency
- Representation of U.S. national banks located on the U.S.-Mexican border in negotiating and documenting revolving short-term credit facilities to Mexican borrowers and accounts receivables financing to U.S. exporters, utilizing EXIM Bank short-term credit insurance
- Representation of U.S. lenders and exporters in negotiating and documenting export credits and loans to foreign borrowers to support the export of U.S. capital goods, transportation equipment, and turn-key manufacturing plants to Africa, Central America, the Caribbean, South America, Asia, and Eastern Europe
- Representation of lenders in the sale and participation of EXIM Bank insured and guaranteed transactions to PEFCO and the refinancing of such transactions on behalf of exporters through enhanced assignments obtained from EXIM Bank