Clause 21. 6(a) (Provision of valuations and information) of the Credit Agreement is amended to read in its entirety as follows: For purposes of this Clause 21, the Obligors at their expense shall cause a valuation of each Ship and any relevant existing charter to be made by an Approved Broker indicating the market value of such Ship, together with any relevant existing charter, at any time the Agent may request upon not less than 5 days’ prior written notice from the Agent to the Borrower.
Clause 21. 6.1 above does not apply to an acquisition of a company, of shares, securities or a business or undertaking (or, in each case, any interest in any of them) or the incorporation of a company which is pursuant to a Permitted Acquisition.
Clause 21. 16.1 hereof is subject to the Company informing the union which has members employed at the particular enterprise of its intention to introduce an enterprise system of annual leave flexibility.
Clause 21. 2 shall not apply to any press release, public announcement or other communication with the news media made by AerCap or any AerCap Entity (a) which is consistent with the Announcement and the terms of this Agreement and does not contain any further information relating to the Company Group to that which has been previously announced or made public in accordance with the terms of this Agreement or (b) is made in the ordinary course of business and does not relate specifically to the signing of this Agreement or the transactions contemplated by this Agreement.
Clause 21. 2 shall not apply to any press release, public announcement or other communication with the news media made by the Purchaser (a) which is consistent with the Announcement and the terms of this Agreement and does not contain any further information relating to the Company Group to that which has been previously announced or made public in accordance with the terms of this Agreement or (b) is made in the ordinary course of business and does not relate specifically to the signing of this Agreement or the transactions contemplated by this Agreement.
Clause 21. 2.1.2 shall not apply to any alterations carried out pursuant to any Expansion.
Clause 21 above shall not apply for the purpose of effecting necessary repairs to any fixtures at any Property or of replacing them with new or improved models or substitutes or in the case of any tenant's fixtures and fittings.
Clause 21. 1 shall not prohibit disclosure or use of any information if and to the extent:
(a) the disclosure or use is required by Applicable Laws or any recognized stock exchange on which the shares of any Party are listed;
(b) the disclosure or use is required for the purpose of any legal proceedings arising out of this Agreement or any other agreement entered into under or pursuant to this Agreement or the disclosure is made to a Tax Authority in connection with the Tax affairs of the disclosing Party;
(c) the disclosure is made to professional advisors of any Party on terms that such professional advisors undertake to comply with the provisions of Clause 21.1 in respect of such information as if they were a party to this Agreement; or
(d) 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 21.2(a) and 21.2(b) the Party concerned promptly notifies the other Party of such requirement with a view to providing the other Party with the opportunity to contest such disclosure or use or otherwise to agree the timing and content of such disclosure or use.
Clause 21. 10 shall not apply where changes are agreed with the Frankfurt Relevant Employees individually or collectively or from the date of termination of employment of a Frankfurt Relevant Employee whose employment terminates for any reason.
Clause 21. 11.1 above shall not oblige any Finance Party to do anything which would or might in its reasonable opinion constitute a breach of:
(a) any law or regulation;
(b) any fiduciary duty; or
(c) any duty of confidentiality.
