Common use of AMENDMENTS TO THE FACILITY AGREEMENT Clause in Contracts

AMENDMENTS TO THE FACILITY AGREEMENT. The Parties agreed to introduce the following amendments to the Facility agreement: 1.1 The table in sub-clause 6.7.2.3 shall be amended and restated as follows: 6.01 and higher 8.75 (Eight point seventy-five) but not higher than the interest rate calculated as per sub-clause 6.7.1.2 of the Facility agreement From 5.01 to 6.0 9.5 (Nine point five) but not higher than the interest rate calculated as per sub-clause 6.7.1.2 of the Facility agreement From 4.01 to 5.0 10.5 (Ten point five) but not higher than the interest rate calculated as per sub-clause 6.7.1.2 of the Facility agreement 4.0 and less the interest rate calculated as per sub-clause 6.7.1.2 of the Facility agreement 2.1 The following representations are provided by the Borrower as of the date of signing this Amendment agreement: 2.1.1 The Borrower is a legal entity duly incorporated and performing its operations on a legal basis, having rights of title and obligations in respect of its property, assets and revenues for the performance of its current operations as they are. 2.1.2 The Borrower is entitled to sign this Amendment agreement and fulfill the obligations hereunder. 2.1.3 It is not known to the Borrower about any court decision passed in respect of its liquidation (bankruptcy), no decision on voluntary liquidation has been passed by the Borrower, no observation, administration or financial recovery procedure or any similar actions or measures have been taken or performed in respect of the Borrower. 2.1.4 All necessary corporate decisions have been made, all necessary permissions, approvals, agreements, licenses, waivers, registrations, notarizations necessary for signing this Amendment agreement and fulfillment of obligations hereunder have been performed or received by the Borrower. 2.1.5 This Amendment agreement is legal, effective and binding upon the Borrower and may be enforced in respect of the Borrower under the terms and conditions hereof and in accordance with the law. 2.1.6 Undertaking and fulfillment by the Borrower of the obligations hereunder do not entail violation of any of the provisions of the constituent documents and local bylaws of the Borrower, violation of any court decision or administrative ruling, violation of any provisions of the Law. 2.1.7 The Borrower admits that when signing this Amendment agreement the Lender relies upon the representations provided in the clause herein and that the whole responsibility for any of the above mentioned representations being false (including those causing this Amendment agreement being admitted completely or partially invalid) shall rest with the Borrower.

Appears in 3 contracts

Samples: Credit Facility Agreement (Mechel PAO), Credit Facility Agreement (Mechel PAO), Credit Facility Agreement (Mechel PAO)

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AMENDMENTS TO THE FACILITY AGREEMENT. The Parties agreed to introduce the following amendments to the Facility agreement: 1.1 The table in sub-clause 6.7.2.3 shall be amended and restated as follows: Total debt to EBITDA ratio Interest rate, per annum (%) 6.01 and higher 8.75 (Eight point seventy-five) but not higher than the interest rate calculated as per sub-clause 6.7.1.2 of the Facility agreement From 5.01 to 6.0 9.5 (Nine point five) but not higher than the interest rate calculated as per sub-clause 6.7.1.2 of the Facility agreement From 4.01 to 5.0 10.5 (Ten point five) but not higher than the interest rate calculated as per sub-clause 6.7.1.2 of the Facility agreement 4.0 and less the interest rate calculated as per sub-clause 6.7.1.2 of the Facility agreement 2.1 The following representations are provided by the Borrower as of the date of signing this Amendment agreement: 2.1.1 The Borrower is a legal entity duly incorporated and performing its operations on a legal basis, having rights of title and obligations in respect of its property, assets and revenues for the performance of its current operations as they are. 2.1.2 The Borrower is entitled to sign this Amendment agreement and fulfill the obligations hereunder. 2.1.3 It is not known to the Borrower about any court decision passed in respect of its liquidation (bankruptcy), no decision on voluntary liquidation has been passed by the Borrower, no observation, administration or financial recovery procedure or any similar actions or measures have been taken or performed in respect of the Borrower. 2.1.4 All necessary corporate decisions have been made, all necessary permissions, approvals, agreements, licenses, waivers, registrations, notarizations necessary for signing this Amendment agreement and fulfillment of obligations hereunder have been performed or received by the Borrower. 2.1.5 This Amendment agreement is legal, effective and binding upon the Borrower and may be enforced in respect of the Borrower under the terms and conditions hereof and in accordance with the law. 2.1.6 Undertaking and fulfillment by the Borrower of the obligations hereunder do not entail violation of any of the provisions of the constituent documents and local bylaws of the Borrower, violation of any court decision or administrative ruling, violation of any provisions of the Law. 2.1.7 The Borrower admits that when signing this Amendment agreement the Lender relies upon the representations provided in the clause herein and that the whole responsibility for any of the above mentioned representations being false (including those causing this Amendment agreement being admitted completely or partially invalid) shall rest with the Borrower.

Appears in 1 contract

Samples: Credit Facility Agreement (Mechel PAO)

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