Export Finance

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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:

• Representing an Austrian bank in the limited recourse structured financing of wind energy projects in Italy, Scotland and England, under EXIM Bank’s foreign currency guarantee program
• Representing a U.S. lender in an EXIM Bank guaranteed credit transaction for the purchase of multiple U.S. aircraft by a Nigerian airline
• Representing a U.S. lender in an EXIM Bank guaranteed credit transaction for the purchase of U.S. grain silos by a Ukrainian company
• Representing a U.S. national bank in financing the design, development and construction of a solar power plant in Korea
• Representing U.S. national and Texas state banks located near the U.S.-Mexico border in negotiating and documenting multiple revolving short-term credit facilities to Mexican borrowers and accounts receivables financing and working capital facilities to U.S. exporters, utilizing EXIM Bank guarantees and credit insurance
• Representing U.S. lenders and exporters in negotiating and documenting numerous export credits and loans to foreign borrowers to support the export of U.S. capital goods, equipment and turn-key manufacturing plants to Africa, Central America, the Caribbean, South America, Asia and Eastern Europe
• Representing lenders in the sale and participation of EXIM Bank insured and guaranteed transactions to the Private Export Funding Corporation (PEFCO)