Clause 15. 1 does not apply to Employees who are terminated during their Qualifying Period of employment.
Clause 15. 1.1 does not in any way limit the obligations of the Borrower under the Financing Documents.
Clause 15. 1.1 does not in any way limit the obligations of any Obligor under the Finance Documents.
Clause 15. 1 will not apply to any XXX personnel who terminated their position, employment or relationship with XXX 2 years or more prior to the Customer offering employment or a contract for services.
Clause 15. 2.2 of the Agreement is deleted in its entirety and replaced with the following quoted text: QUOTE
Clause 15. 2.2 shall not prohibit disclosure or use of any information if and to the extent:
(i) the disclosure or use is required by any Regulatory Authority, HM Treasury or the Monitoring Trustee in the context of, and consistent with, the approval granted by the European Commission to the Commissioners of HM Treasury on 14 December 2009 in respect of certain state aid granted to the RBSG Group by HM Treasury;
(ii) the disclosure is required by, and made to, HM Treasury, UKFI or the FSA;
(iii) the disclosure or use is required by law, any Regulatory Authority or the rules of any recognised stock exchange on which any equity or debt securities of RBSG or any member of the Purchaser’s Group are, or are to be, listed (regardless of whether or not such rules have the force of law);
(iv) the disclosure or use is required by any accounting standards in accordance with which the published accounts of any party are to be drawn up or the disclosure is made to a Tax Authority in connection with the Tax affairs of the disclosing party or the disclosure is made to any relevant Regulatory Authority;
(v) the disclosure or use is required to vest the full benefit of any Transaction Document in any party;
(vi) the disclosure or use is required for the purpose of any proceedings arising out of any Transaction Document;
(vii) the disclosure is made to professional advisers or actual or potential financiers of any party on a need to know basis and on terms that the relevant party procures that such professional advisers or actual or potential financiers comply with the provisions of Clause 15.2.2 in respect of such information as if they were a party to this Agreement;
(viii) the information is or becomes publicly available (other than by breach of the Confidentiality Agreement or of this Agreement by the disclosing party); or
(ix) the other party has given prior written approval to the disclosure or use, provided that prior to disclosure or use of any information pursuant to Clause 15.2.3(iii), the party concerned shall to the extent reasonably practicable and unless prohibited by law from doing so or unless required not to do so by any relevant court or Regulatory Authority promptly notify the other parties of such requirement with a view to agreeing the timing and content of such disclosure or use.
Clause 15. 1 (Increased costs) does not apply to the extent any Increased Cost is –
15.3.1.1 attributable to a Tax Deduction required by law to be made by the Borrower;
15.3.1.2 compensated for by clause 14.3 (Tax indemnity) (or would have been compensated for under clause 14.3 (Tax indemnity) but was not so compensated solely because any of the exclusions in clause 14.3.2 (Tax indemnity) applied); or
15.3.1.3 attributable to the wilful breach by the relevant Finance Party or its Affiliates of any law or regulation.
Clause 15. 06.01 shall not oblige the Lender to do anything which would or might in its reasonable opinion constitute a breach of:
a. any law or regulation;
b. any fiduciary duty;
c. any duty of confidentiality; or
d. any policy of the Lender.
Clause 15. 1 shall only bind the Executive to the extent allowed by law and nothing in this clause shall prevent the Executive from making a statutory disclosure.
Clause 15. 2.8 (Repayment of Grant) the Recoverable Amount shall be a sum equivalent to any Acquisition Tranche Grant paid; and
