Clauses by inclusion. If the Borrower or any of its Subsidiaries concludes with any other secured and unsubordinated creditor a financing agreement that includes a loss-of-rating clause or a covenant or other provision regarding its financial ratios, if applicable, that is not provided for in this Contract or is more favourable to the relevant creditor than any equivalent provision of this Contract is to the Bank, the Borrower shall promptly inform the Bank and shall provide a copy of the more favourable provision to the Bank. The Bank may request that the Borrower promptly executes an agreement to amend this Contract so as to provide for an equivalent provision in favour of the Bank.
Clauses by inclusion. If the Borrower or concludes with any other medium or long term financial creditor a financing agreement that includes a loss-of-rating clause, and/or a cross default clause and/or a pari passu clause, if applicable, that is stricter than any equivalent provision of this Contract, the Borrower shall so inform the Bank and shall, at the request of the Bank, execute an agreement to amend this Contract so as to provide for an equivalent provision in favour of the Bank.
Clauses by inclusion. If, at any time while the Loan is outstanding, any member of the Group concludes with any other medium or long term financial creditor a financing agreement that includes a covenant or other provision imposing minimum financial ratios stricter than the ones indicated in Schedule E hereto, the Parent shall so inform the Bank and shall, at the request of the Bank, execute an agreement to amend this Contract so as to provide for an equivalent provision in favour of the Bank.
Clauses by inclusion. If either Borrower, the Guarantor or any other member of the Group concludes with any other financial creditor a Principal Bank Facility that includes a loss-of-rating clause or a covenant or other provision regarding its financial ratios, if applicable, that is stricter than any equivalent provision of this Contract, that Borrower or the Guarantor shall inform the Bank and both of the Borrowers and the Guarantor shall, at the request of the Bank, execute an agreement to amend this Contract so as to provide for an equivalent provision in favour of the Bank.
Clauses by inclusion. If the Borrower, following the date of this Contract, concludes or is about to conclude (whether by entry into a new agreement or through amendment or alteration of an existing one) with any other financial creditor a financing agreement that includes a loss-of-rating clause, a covenant, and/or other provision regarding its financial ratios, if applicable, that is not provided for in this Contract or is more favourable to the relevant financial creditor than any equivalent provision of this Contract is to the Bank, the Borrower shall promptly inform the Bank and shall provide a copy of the more favourable provision to the Bank. The Bank may request that the Borrower promptly executes an agreement to amend this Contract so as to provide for an equivalent provision in favour of the Bank.
Clauses by inclusion. If the Borrower concludes with any other medium or long term financial creditor a financing agreement that includes a loss-of-rating clause or a covenant or other provision regarding pari passu ranking or cross default, that is stricter than any equivalent provision of this Contract, the Borrower shall so inform the Bank and shall, at the request of the Bank, execute an agreement to amend this Contract so as to provide for an equivalent provision in favour of the Bank. Information and visits Information concerning the Project The Borrower shall, or shall cause the Promoter to:
(a) deliver to the Bank (i) the information in content and in form, and at the times, specified in the Schedule A. 2 and in Project Agreement or otherwise as agreed from time to time by the Parties in the English language, and (ii) in the English language or, if acceptable to the Bank, in the Ukrainian language, any such information or further document concerning the financing, procurement, implementation, operation and environmental impact of or for the Project as the Bank may reasonably require, provided always that, if such information or document is not delivered to the Bank on time, and the Borrower does not rectify the omission within a reasonable time set by the Bank in writing, the Bank may remedy the deficiency, if feasible, by employing its own staff or a consultant or any other third party, at the Promoter’s expense, and the Borrower shall provide such persons with all assistance necessary for the purpose;
(b) submit for the approval of the Bank without delay, and in the English language, any material change to the price, design, plans, timetable or expenditure programme for the Project, in relation to the disclosures made to the Bank prior to the signing of this Contract;
(c) promptly inform the Bank, in the English language of (i) any material litigation that is commenced or threatened against it or the Promoter with regard to environmental or other matters affecting the Project; and (ii) any fact or event known to the Borrower or the Promoter, which may substantially prejudice or affect the conditions of execution or operation of the Project, and
(d) retain, in a single location, for inspection during six years from the conclusion of each contract financed by means of the Credit, the full terms of the contract itself, as well as all material documents pertaining to the procurement process and to the execution of the contract and procure that the Bank may inspect the con...
Clauses by inclusion. 39 ARTICLE 8...........................................................................................................................................39 8.01
Clauses by inclusion. If, for as long as any amount of the Loan remains outstanding, the Borrower or any other member of the Group enters into any loan, bond or other form of senior unsecured financial indebtedness, or any obligation for the payment or repayment of money, in a principal amount exceeding EUR 100,000,000 (one hundred million euros), or the equivalent thereof in any other currency, which contains (i) rating clauses (including, but not limited to, a loss-of-rating clause), (ii) financial covenants clauses pursuant to which compliance with certain financial figures or ratios is required, (iii) material adverse change/effect (or equivalent) is included as an event of default, (iv) limitation on Subsidiary indebtedness clauses, (v) negative pledge clauses, (vi) asset disposal clauses, (vii) cross default clauses or (viii) provision of co-borrowership/upstream guarantees by any operating Subsidiary of the Guarantor for any indebtedness of the Guarantor (each such clause or undertaking, as the case may be, hereinafter referred to as a "More Favourable Clause") which is either:
(a) not included in this Contract,
(b) is stricter than the relevant provisions of this Contract, or
(c) is otherwise more favourable for third party creditors than the relevant provisions of this Contract, the Borrower shall inform the Bank without delay and in any case within 10 (ten) Business Days following the conclusion or amendment of such contractual arrangement in writing and provide the text of such More Favourable Clause to the Bank. Such More Favourable Clause will be deemed to be incorporated into this Contract by reference, with effect as of the day when such More Favourable Clause became effective under the relevant contract (any such More Favourable Clause so adopted by reference into this Contract, an "Adopted Clause"). Such Adopted Clause shall not be amended, cancelled, or withdrawn without the prior written consent of the Bank, and the Borrower shall upon the request of the Bank conclude an amendment to this Contract which incorporates the relevant Adopted Clause. In the event a More Favourable Clause becomes an Adopted Clause under this Contract and, thereafter, such More Favourable Clause is either removed or amended to be less restrictive on the Borrower or the Guarantor or is otherwise less favorable to the third party creditors than such More Favorable Clause had previously been (a "Relaxed More Favourable Clause"), then, upon notice thereof by the Borrower to the Bank toge...
Clauses by inclusion. If the Borrower concludes with any other financial creditor a financing agreement that includes
Clauses by inclusion
