Common use of Appointment; Term of Office Clause in Contracts

Appointment; Term of Office. 18.1.1 The Trustee shall be entitled, or as per the Company’s written request it shall be obligated, to appoint and convene an urgent representing body amongst the Debenture Holders, as shall be set forth hereinafter (hereinafter: the “Urgent Representing Body”). 18.1.2 The Trustee shall appoint to the Urgent Representing the three (3) Debenture Holders, who, to the best of the Trustee’s knowledge, hold the highest nominal value out of all Debenture Holders, and who shall declare that with regards to them, all conditions set forth hereinafter are fulfilled (hereinafter: “the Urgent Representing Body Members”). In case any of those could not hold office as an Urgent Representing Body Member as stated, the Trustee shall appoint in his place, the Debenture Holder who holds the next highest nominal value, regarding whom all conditions set forth hereinafter are fulfilled. The conditions are as follows: 18.1.2.1 The Debenture Holder is not in any material conflict of interests due to the existence of any additional material matter that contradicts a matter that arises from serving on the Urgent Representing Body and from holding the Debentures. For the avoidance of doubt it is clarified, that a Holder who is an Affiliated Holder, as such term is defined in clause 4.2 above, shall be considered to have a material conflict of interests as stated and shall not serve on the Urgent Representing Body. 18.1.2.2 During that calendar year, the Debenture Holder does not hold office in similar representing bodies of other debentures, which aggregate book value exceeds the rate out of the asset portfolio managed by him, which was set as the maximal rate enabling to hold office in an Urgent Representing Body in accordance with the instructions of the Antitrust Commissioner pertaining to the establishment of an Urgent Representing Body. 18.1.3 If, during the office of the Urgent Representing Body, one of the circumstances listed in clauses 18.1.2.1 to 18.1.2.2 above has ceased occurring, his office shall expire, and the Trustee shall appoint another member in his place out of the Debenture Holders as stated in sub-clause 18.1.2 above. 18.1.4 Prior to appointment the Urgent Representing Body Members, the Trustee shall receive from the candidates to hold office as Members of the Urgent Representing Body, a declaration regarding the existence or absence of material conflicts of interest as stated in clause 18.1.2.1 above and with regards to holding office in additional representing bodies as stated in clause 18.1.2.2 above. In addition, the Trustee shall be entitled to request a declaration as stated by Members of the Urgent Representing Body at any time during the office of the Urgent Representing Body. A Holder who shall fail to provide a declaration as stated shall be considered as having a material conflict of interests or a hindrance from holding office, pursuant to the instructions of the Antitrust Commissioner as stated above, as the case may be. With regards to a declaration regarding a conflict of interests, the Trustee shall inspect the existence of the conflicting matters, and if necessary shall decide whether the conflict of interests disqualifies that Holder from holding office in the Urgent Representing Body. It is clarified, that the Trustee shall rely on the declarations as stated and shall not be required to hold an additional inspection or independent investigation. The Trustee’s decision on these matters shall be final. 18.1.5 The Urgent Representing Body’s term shall end when the Company publishes the decisions of the Urgent Representing Body pertaining to giving an extension to the Company for the purpose of its meeting the terms of the Deed of Trust as set forth in clause 18.5 hereinafter.

Appointment; Term of Office. 18.1.1 1.1. The Trustee shall be entitledmay – or, or as per at the Company’s written request it shall be obligatedrequest, to must – appoint and convene an urgent representing body amongst the Debenture Holders, delegation of Bondholders (Series A) as shall be set forth hereinafter out below (hereinafter: the “Urgent Representing BodyRepresentation”). 18.1.2 1.2. The Trustee shall appoint to the as an Urgent Representing Representation the three (3) Debenture Holders, Bondholders (Series A) who, to the best of the Trustee’s its knowledge, hold the highest nominal par value out of all Debenture HoldersBondholders (Series A), and who shall declare that with regards to them, they fulfill all of the conditions set forth hereinafter are fulfilled out below (hereinafter: “the Urgent Representing Body Delegation Members”). In case any the event that one of those could not hold office the above is unable or refuses to serve as an a member of said Urgent Representing Body Member as statedDelegation, the Trustee shall will appoint – in his place, its place – the Debenture Holder bondholder who holds the next highest nominal par value, regarding whom and who meets all conditions set forth hereinafter are fulfilledof the terms specified below. The conditions terms are as follows: 18.1.2.1 1.2.1. The Debenture Holder is debenture holder does not in any have a material conflict of interests due to the existence of interest arising from any additional material matter interest that contradicts conflicts with an interest arising from their being a matter that arises from serving on member of the Urgent Representing Body Delegation and from holding the Debenturesdebentures. For the avoidance of doubt doubt, it is clarified, clarified that a Related Holder who is an Affiliated Holder, (as such term is defined in clause 4.2 above, Section 3.2 of the Deed of Trust) shall be considered to have deemed as having such a material conflict of interests as stated interest and shall they will not serve on as a member of the Urgent Representing BodyDelegation. 18.1.2.2 1.2.2. During that said calendar year, the Debenture Holder Bondholder (Series A) does not hold office in serve as a member of similar representing bodies of delegations that pertain to other debentures, which debentures whose aggregate book value exceeds the rate out applicable percentage of the total asset portfolio managed by himit, which was set is the maximum rate allowing service as a member of an urgent delegation pursuant to the maximal rate enabling to hold office in an Urgent Representing Body in accordance with the instructions provisions of the Antitrust Commissioner pertaining to in connection with the establishment of an Urgent Representing Bodyurgent delegation. 18.1.3 1.3. If, during the office urgent delegation’s term of the Urgent Representing Bodyoffice, one of the circumstances listed specified in clauses 18.1.2.1 Sections 1.2.1 and 1.2.2 above ceases to 18.1.2.2 above has ceased occurringapply to one of its members, his its term of office shall expirewill end, and the Trustee shall will appoint another member in his place out of from among the Debenture Holders debenture holders as stated in sub-clause 18.1.2 Section 1.2 above. 18.1.4 1.4. Prior to the appointment of the Urgent Representing Body Membersmembers for the urgent delegation, the Trustee shall will receive – from the candidates to hold office who may serve as Urgent Delegation Members of the Urgent Representing Body, – a declaration statement regarding the existence or absence of material conflicts of interest as stated in clause 18.1.2.1 Section 1.2.1 above and with regards to holding office in additional representing bodies regarding their serving as members of other delegations as stated in clause 18.1.2.2 Section 1.2.2 above. In additionMoreover, the Trustee shall be entitled to request may demand such a declaration as stated by Members statement from the members of the Urgent Representing Body urgent delegation at any time during the office urgent delegation’s term of the Urgent Representing Bodyoffice. A Holder holder who shall fail fails to provide such a declaration as stated statement shall be considered deemed as having a material conflict of interests interest or as a hindrance holder that is precluded from holding office, serving as a member pursuant to the instructions provisions of the Antitrust Commissioner as stated above, as the case may beapplicable. With regards In relation to a declaration regarding a conflict of interests, the Trustee shall inspect the existence of the conflicting matters, and if necessary shall decide whether the conflict of interest statement, Xxxxxxx will consider whether such conflicting interests disqualifies apply, and, if necessary, will decide whether they disqualify that Holder from holding office in the Urgent Representing Bodyholder. It is clarified, clarified that the Trustee shall may rely on the declarations as stated aforementioned statements and shall will not be required to hold conduct an additional independent inspection or independent investigation. The Trustee’s decision on these matters determination in this context shall be finalconclusive. 18.1.5 1.5. The Urgent Representing Bodyurgent delegation’s term shall of office will end when on the date on which the Company publishes the decisions of the Urgent Representing Body pertaining to giving Delegation’s resolutions in connection with granting an extension to the Company for the purpose of its meeting compliance with the terms of the Deed of Trust as set forth specified in clause 18.5 hereinafterSection 5 below.

Appointment; Term of Office. 18.1.1 2.1 The Trustee shall be entitledmay, or as per and pursuant to the Company’s 's written request it shall be obligatedshall, to appoint and convene an urgent representing body amongst emergency representation committee from among the Debenture Holdersdebenture holders, as shall be set forth hereinafter (hereinafter: "the “Urgent Representing Body”Emergency Representation Committee"). 18.1.2 2.2 The Trustee shall appoint to the Urgent Representing Emergency Representation Committee the three (3) Debenture Holders, debenture holders who, based on data it received from the Company or to the best of the Trustee’s 's knowledge, hold the highest nominal value out of amount among all Debenture Holdersthe debenture holders, and who shall declare that they comply with regards to them, all the conditions set forth hereinafter are fulfilled below (hereinafter: “the Urgent Representing Body Members”"Emergency Representation Committee members"). In case If any of those could not hold office them is unable to serve as an Urgent Representing Body Member Emergency Representation Committee member as stated, the Trustee shall appoint in his place, stead the Debenture Holder debenture holder who holds the next highest nominal value, regarding whom amount and who complies with all the conditions set forth hereinafter below; and the following are fulfilled. The conditions are as followsthe conditions: 18.1.2.1 2.2.1 The Debenture Holder is debenture holder does not in any material have a conflict of interests interest due to the existence of any additional material matter interest that contradicts a matter that arises conflicts with the interest arising from serving his service on the Urgent Representing Body Emergency Representation Committee and from his holding of the Debentures. For the avoidance of doubt doubt, it is clarified, clarified that a Holder holder who is an Affiliated Holder, a Related Entity (as such term is defined in clause 4.2 above, section 3.2 of the Deed of Trust) shall be considered deemed to have a material conflict of interests interest as stated and shall may not serve on the Urgent Representing BodyEmergency Representation Committee. 18.1.2.2 During that 2.2.2 The debenture holder is not serving in the same calendar year, year on similar representation committees for other Debentures with an aggregate value greater than the Debenture Holder does not hold office in similar representing bodies of other debentures, which aggregate book value exceeds the rate out percentage of the asset portfolio managed by him, _____________________ 9 xxxx://xxxx.xxx.xxx.xx/hon/2001/law/Codex.asp which was set as the maximal rate enabling maximum percentage permitting service on an emergency representation committee according to hold office in an Urgent Representing Body in accordance with the instructions directives of the Antitrust Commissioner pertaining Commission relating to the establishment of an Urgent Representing Bodyemergency representation committee. 18.1.3 If, 2.3 If during the term of office of the Urgent Representing BodyEmergency Representation Committee, one of its members ceases to meet any of the circumstances listed in clauses 18.1.2.1 to 18.1.2.2 above has ceased occurringsections 2.2.1 and 2.2.2 above, his office service shall expire, terminate and the Trustee shall appoint another member in his place out of stead from among the Debenture Holders debenture holders as stated in sub-clause 18.1.2 section 2 above. 18.1.4 2.4 Prior to the appointment of the Urgent Representing Body MembersEmergency Representation Committee members, the Trustee shall receive from the candidates to hold office serve as Members of the Urgent Representing Body, members a declaration regarding the existence or absence of material conflicts of interest as stated in clause 18.1.2.1 section 2.2.1 above and with regards to holding office in regarding service on additional representing bodies representation committees as stated in clause 18.1.2.2 section 2.2.2 above. In addition, the The Trustee shall be entitled to may also request such a declaration as stated by Members of from the Urgent Representing Body Emergency Representation Committee members at any time during the office its term of the Urgent Representing Bodyoffice. A Holder holder who shall fail fails to provide submit such a declaration as stated shall be considered as having a deemed to have material conflict conflicts of interests interest or a hindrance to be precluded from holding office, serving pursuant to the instructions above directives of the Antitrust Commissioner as stated aboveCommissioner, as the case may be. With regards respect to a declaration regarding a conflict of intereststhe conflict-of-interest declaration, the Trustee shall inspect examine the existence of the conflicting mattersinterests, and if necessary shall decide whether such conflicts of interest disqualify that holder from serving on the conflict of interests disqualifies that Holder from holding office in the Urgent Representing BodyEmergency Representation Committee. It is clarified, clarified that the Trustee shall rely on the said declarations as stated and shall not be required to hold conduct an additional inspection independent examination or independent investigation. The Trustee’s decision on 's determination in these matters shall be final. 18.1.5 2.5 The Urgent Representing Body’s term of office of the Emergency Representation Committee shall end when on the date on which the Company publishes the Committee's decisions regarding the grant of the Urgent Representing Body pertaining to giving an extension a grace period to the Company for the purpose of its meeting compliance with the terms of the Deed of Trust as set forth in clause 18.5 hereinaftersection 8 thereof, but in any event it may not exceed three months from the date of the Committee's appointment.