What the filed contracts say
| Contract | What the filed wording says |
|---|---|
| Nscale Drift II facility | Export Control Law covers US rules, including the EAR with the AI Diffusion Rule and ITAR, and other countries’ rules unless inconsistent with US law. |
| Nscale Drift II facility | The customer is a Singapore company under an English law cloud services agreement. |
| Nscale Drift II facility | The borrower confirms no breach, and no notice of any claim against it or any customer. |
| Nscale Drift II facility | Each obligor must comply in all respects, with no materiality qualifier. |
| Nscale Drift II facility | The borrower reports breaches by the group, its customers or suppliers, and any rule change likely to harm the GPU assets. |
| Nscale Drift II facility | Each new customer needs the lenders’ consent, which turns on trade restrictions and export control status. |
| Nscale Drift II facility | The borrower monitors customer use for compute anomalies or suspicious configurations that suggest a breach, and tells the agent. |
The filed wording
"Export Control Law" shall mean (a) all applicable export control laws and regulations imposed, administered, or enforced by the US government, including without limitation the Export Administration Regulations (including without limitation the AI Diffusion Rule) and the International Traffic in Arms Regulations; and (b) all applicable export control laws and regulations imposed, administered or enforced by any other country, except to the extent inconsistent with US laws.
