Declaration of Borrower Relating to EDC Guarantee for Comerica Bank and Manitex Liftking, ULC
This declaration is made by Manitex Liftking, ULC to Export Development Canada (EDC) and Comerica Bank. It confirms that financing provided under a transaction agreement will be used solely to cover up to 100% of Manitex Liftking's costs for fulfilling export contracts. The company agrees to provide supporting documents if requested. The declaration is certified by a senior officer and is relied upon by EDC and Comerica Bank in connection with the EDC guarantee or suretyship for the transaction.
Exhibit 10.5
EDC
DECLARATION
Export Development Canada (EDC)
150 Slater Street, Ottawa, Ontario
K1A 1K3
Comerica Bank
200 Bay Street, Suite 2210
Royal Bank Plaza, South Tower
Toronto, Ontario
M5J 2J2
(Institution)
Re: EDC Guarantee/Suretyship based on Application dated | (EDC Guarantee/Suretyship) |
In accordance with the terms of the EDC Guarantee/Suretyship, EDC will guarantee payment to the Institution of the guaranteed/suretyship amount which Manitex Liftking, ULC (the Obligor} fails to pay pursuant to the terms of its agreement with the Institution (the Transaction Agreement) as referenced in the EDC Guarantee/Suretyship.
The Obligor hereby declares to EDC and to the Institution that the financing support provided under the Transaction Agreement will be used to finance no more than 100% of the Obligors costs in respect of its performance under one or more contracts entered into for the direct export of goods and/or services.
The Obligator agrees to provide to EDC and the Institution upon request, documents, contracts, agreements, financial information and/or other evidence supporting the above declarations and substantiating the truth thereof.
I certify that: I am a duly appointed senior officer of the Obligor with knowledge of the matters hereinafter certified to; the information contained herein is true; and I recognize that the accuracy of the declarations made herein will be relied upon by EDC and the Institution in connection with the contemplated transactions.
Obligor (Exporter) Signature: David H Gransee Date: January 31, 2013
Name (Print): David H Gransee Title (Print): VP
150 Slater Street, Ottawa, ON K1A 1K3 www.edc.ca | EGP (10-2010) |