Common use of Delivery of Financing Documents; Evaluation of Principal Repayment Schedule Clause in Contracts

Delivery of Financing Documents; Evaluation of Principal Repayment Schedule. (a) The Company shall deliver to the GOB a schedule or a copy of a reference term sheet related to the Financing Documents setting forth a principal repayment schedule reasonably consistent with the Tariff, together with the maximum principal amounts and interest rate or rates, and any schedules or formulae that will be included in the Financing Documents for the computation of fees and charges payable to the Lenders upon the winding up for early termination of the loans under the Financing Documents not later than 45 (forty-five) Days prior to Financial Closing. The GOB may evaluate the principal repayment schedule and other principal financial terms to ensure that the other principal financial terms are consistent with the principal repayment schedule, and that the principal amount, principal repayment schedule and the interest rate are reasonably consistent with the Tariff and to evaluate the impact of the terms of the Financing Documents on the GOB’s obligations upon any termination of this Agreement. If the GOB has any objections to the terms specified in such term sheet or schedule, it shall inform the Company thereof within 15 (fifteen) Business Days of its receipt thereof; otherwise, it shall be deemed not to have objected to those terms, and the Company shall be entitled thereafter to execute Financing Documents containing those terms and a principal repayment schedule of the specified term or a shorter term without further notice to or approval by the GOB. Each loan agreement constituting part of the Financing Documents will provide that any liquidated damages received by the Company from its Construction Contractor for capacity or other testing shortfalls shall be used either to reduce the outstanding principal amount of debt under such loan agreement or in an effort to correct such shortfalls. The Company shall provide the GOB with a copy of the loan agreements executed on the date of the Financial Closing Date not later than 15 (fifteen) Business Days after Financial Closing. The Company shall provide the GOB and BPDB, the relevant document in support of at least 70% (seventy) of the Total Facility Cost as foreign investment. (b) The Company shall deliver to the GOB copies of all non-material amendments to the executed Financing Documents within 10 (ten) Days after the execution of each such document. The Company shall not execute any material amendment or modification related to the repayment of principal (including any refinancing or restructuring of payment obligations under any Financing Document) without submitting to the GOB not less than 15 (fifteen) Business Days prior to execution of the loan documents a schedule or term sheet setting forth the proposed revised principal repayment schedule and the other principal financial terms or material modifications related thereto. The GOB shall notify the Company of any objections to the term sheet or schedule related to the proposed modification to the principal repayment schedule or material modifications as soon as reasonably possible. If the GOB does not object to the principal repayment schedule, the GOB shall be deemed not to object to refinancing on those terms. The GOB shall not object to a material amendment or modification or a refinancing or the terms thereof so long as the principal repayment schedule and other principal financial terms are consistent with the Tariff and does not increase in any material respect the obligations of the GOB arising upon termination of this Agreement.

Delivery of Financing Documents; Evaluation of Principal Repayment Schedule. (a) The Company shall deliver to the GOB BPDB a schedule or a copy of a reference term sheet related to the Financing Documents setting forth a principal repayment schedule reasonably consistent with the Reference Tariff, together with the maximum principal amounts and interest rate or rates, and any schedules or formulae that will be included in the Financing Documents for the computation of fees and charges payable to the Lenders upon the winding up for early termination of the loans under the Financing Documents not later than 45 (forty-fivefive (45) Days prior to Financial Closing. The GOB BPDB may evaluate the principal repayment schedule and other principal financial terms to ensure that the other principal financial terms are consistent with the principal repayment schedule, and that the principal amount, principal repayment schedule and the interest rate are reasonably consistent with the Reference Tariff and to evaluate the impact of the terms of the Financing Documents on the GOB’s obligations upon any termination of this Agreement. If the GOB BPDB has any objections to the terms specified in such term sheet or schedule, it shall inform the Company thereof within 15 fifteen (fifteen15) Business Days of its receipt thereof; otherwise, it shall be deemed not to have objected to those terms, and the Company shall be entitled thereafter to execute Financing Documents containing those terms and a principal repayment schedule of the specified term or a shorter term without further notice to or approval by the GOBBPDB. Each loan agreement constituting part of the Financing Documents will provide that any liquidated damages received by the Company from its Construction Contractor for capacity or other testing shortfalls shall be used either to reduce the outstanding principal amount of debt under such loan agreement or in an effort to correct such shortfalls. The Company shall provide the GOB BPDB with a copy of the loan agreements executed on the date of the Financial Closing Date not later than 15 fifteen (fifteen15) Business Days after Financial Closing. The Company shall provide the GOB and BPDB, the relevant document in support of at least 70% (seventy) of the Total Facility Cost as foreign investment. (b) The Company shall deliver to the GOB BPDB copies of all non-material amendments to the executed Financing Documents within 10 ten (ten10) Business Days after the execution of each such document. The Company shall not execute any material amendment or modification related to the repayment of principal (including any refinancing or restructuring of payment obligations under any Financing Document) without submitting to the GOB BPDB not less than 15 (fifteen) Business Days prior to execution of the loan documents a schedule or term sheet setting forth the proposed revised principal repayment schedule and the other principal financial terms or material modifications related thereto. The GOB shall notify the Company of any objections to the term sheet or schedule related to the proposed modification to the principal repayment schedule or material modifications as soon as reasonably possible. If the GOB does not object to the principal repayment schedule, the GOB shall be deemed not to object to refinancing on those terms. The GOB shall not object to a material amendment or modification or a refinancing or the terms thereof so long as the principal repayment schedule and other principal financial terms are consistent with the Tariff and does not increase in any material respect the obligations of the GOB arising upon termination of this Agreement.

Delivery of Financing Documents; Evaluation of Principal Repayment Schedule. (a) The Company shall deliver to the GOB a schedule or a copy of a reference term sheet related to the Financing Documents setting forth a principal repayment schedule reasonably consistent with the Reference Tariff, together with the maximum principal amounts and interest rate or rates, and any schedules or formulae that will be included in the Financing Documents for the computation of fees and charges payable to the Lenders upon the winding up for early termination of the loans under the Financing Documents not later than 45 (forty-fivefive (45) Days prior to Financial Closing. The GOB may evaluate the principal repayment schedule and other principal financial terms to ensure that the other principal financial terms are consistent with the principal repayment schedule, and that the principal amount, principal repayment schedule and the interest rate are reasonably consistent with the Reference Tariff and to evaluate the impact of the terms of the Financing Documents on the GOB’s obligations upon any termination of this Agreement. If the GOB has any objections to the terms specified in such term sheet or schedule, it shall inform the Company thereof within 15 fifteen (fifteen15) Business Days of its receipt thereof; otherwise, it shall be deemed not to have objected to those terms, and the Company shall be entitled thereafter to execute Financing Documents containing those terms and a principal repayment schedule of the specified term or a shorter term without further notice to or approval by the GOB. Each loan agreement constituting part of the Financing Documents will provide that any liquidated damages received by the Company from its Construction Contractor Contractor(s) for capacity or other testing shortfalls shall be used either to reduce the outstanding principal amount of debt under such loan agreement or in an effort to correct such shortfalls. The Company shall provide the GOB with a copy of the loan agreements executed on the date of the Financial Closing Date not later than 15 fifteen (fifteen15) Business Days after Financial Closing. The Company shall provide the GOB and BPDB, the relevant document in support of at least 70% (seventy) of the Total Facility Cost as foreign investment. (b) The Company shall deliver to the GOB copies of all non-material amendments to the executed Financing Documents within 10 ten (ten10) Days after the execution of each such document. The Company shall not execute any material amendment or modification related to the repayment of principal (including any refinancing or restructuring of payment obligations under any Financing Document) without submitting to the GOB not less than 15 fifteen (fifteen15) Business Days prior to execution of the loan documents a schedule or term sheet setting forth the proposed revised principal repayment schedule and the other principal financial terms or material modifications related thereto. The GOB shall notify the Company of any objections to the term sheet or schedule related to the proposed modification to the principal repayment schedule or material modifications as soon as reasonably possible. If the GOB does not object to the principal repayment schedule, the GOB shall be deemed not to object to refinancing on those terms. The GOB shall not object to a material amendment or modification or a refinancing or the terms thereof so long as the principal repayment schedule and other principal financial terms are consistent with the Reference Tariff and does do not increase in any material respect the obligations of the GOB arising upon termination of this Agreement.

Delivery of Financing Documents; Evaluation of Principal Repayment Schedule. (a) The Company shall deliver to the GOB a schedule or a copy of a reference term sheet related to the Financing Documents setting forth a principal repayment schedule reasonably consistent with the Reference Tariff, together with the maximum principal amounts and interest rate or rates, and any schedules or formulae that will be included in the Financing Documents for the computation of fees and charges payable to the Lenders upon the winding up for early termination of the loans under the Financing Documents not later than 45 (forty-fivefive (45) Days prior to Financial Closing. The GOB may evaluate the principal repayment schedule and other principal financial terms to ensure that the other principal financial terms are consistent with the principal repayment schedule, and that the principal amount, principal repayment schedule and the interest rate are reasonably consistent with the Reference Tariff and to evaluate the impact of the terms of the Financing Documents on the GOB’s GOB‟s obligations upon any termination of this Agreement. If the GOB has any objections to the terms specified in such term sheet or schedule, it shall inform the Company thereof within 15 fifteen (fifteen15) Business Days of its receipt thereof; otherwise, it shall be deemed not to have objected to those terms, and the Company shall be entitled thereafter to execute Financing Documents containing those terms and a principal repayment schedule of the specified term or a shorter term without further notice to or approval by the GOB. Each loan agreement constituting part of the Financing Documents will provide that any liquidated damages received by the Company from its Construction Contractor Contractor(s) for capacity or other testing shortfalls shall be used either to reduce the outstanding principal amount of debt under such loan agreement or in an effort to correct such shortfalls. The Company shall provide the GOB with a copy of the loan agreements executed on the date of the Financial Closing Date not later than 15 fifteen (fifteen15) Business Days after Financial Closing. The Company shall provide the GOB and BPDB, the relevant document in support of at least 70% (seventy) of the Total Facility Cost as foreign investment. (b) The Company shall deliver to the GOB copies of all non-material amendments to the executed Financing Documents within 10 ten (ten10) Days after the execution of each such document. The Company shall not execute any material amendment or modification related to the repayment of principal (including any refinancing or restructuring of payment obligations under any Financing Document) without submitting to the GOB not less than 15 fifteen (fifteen15) Business Days prior to execution of the loan documents a schedule or term sheet setting forth the proposed revised principal repayment schedule and the other principal financial terms or material modifications related thereto. The GOB shall notify the Company of any objections to the term sheet or schedule related to the proposed modification to the principal repayment schedule or material modifications as soon as reasonably possible. If the GOB does not object to the principal repayment schedule, the GOB shall be deemed not to object to refinancing on those terms. The GOB shall not object to a material amendment or modification or a refinancing or the terms thereof so long as the principal repayment schedule and other principal financial terms are consistent with the Reference Tariff and does do not increase in any material respect the obligations of the GOB arising upon termination of this Agreement.

Delivery of Financing Documents; Evaluation of Principal Repayment Schedule. (a) The Prior to Financial Closing, the Company shall deliver to the GOB PPIB a schedule or a copy of a reference the term sheet related to reflecting the proposed material terms of the Financing Documents Documents, and setting forth a principal repayment schedule reasonably consistent with that provides for debt repayment that is not less than revenues produced by the Reference Debt Service Component of the Tariff, using reasonable assumptions of Estimated Available Capacity, together with the maximum principal amounts and interest rate or rates, rates and any schedules or formulae that will be included in the Financing Documents Document for the computation of fees and charges payable to the Lenders upon the winding up for early termination of the loans under the Financing Documents not later than 45 (forty-five) Days prior to Financial ClosingDocuments, and shall also identify the equity commitments, individually and in total, of the Initial Shareholders. The GOB may PPIB will evaluate the principal repayment schedule and other principal financial terms and the equity commitments in the Project, to ensure that the other principal financial terms are consistent with the principal repayment schedule, and that the principal amount, principal repayment schedule and the interest rate are reasonably is consistent with the Tariff Reference Debt Service Component of the Tariff, and to evaluate the impact of the terms of the Financing Documents on the GOBGOP’s obligations upon any termination of this Agreement. If the GOB PPIB has any objections to the terms specified in such term sheet or schedule, it shall inform the Company thereof within 15 fifteen (fifteen15) Business Days of its receipt thereof; otherwise, it shall be deemed not to have objected to those terms, terms and the Company shall be entitled thereafter to execute the Financing Documents containing Documents, consistent with those terms and a principal repayment schedule of the specified term or a shorter term without further notice to or approval by the GOBPPIB. Each loan agreement constituting part of the Financing Documents will provide that any liquidated damages received by the Company from its Construction EPC Contractor for capacity or other testing shortfalls shall be used either to reduce the outstanding principal amount of debt under such loan agreement or in an effort to correct remedy such shortfalls. The Company shall provide the GOB PPIB with a copy of the loan agreements executed on the date of the Financial Closing Date not no later than 15 fifteen (fifteen15) Business Days after Financial Closing. The Company shall provide the GOB and BPDB, the relevant document in support of at least 70% (seventy) of the Total Facility Cost as foreign investment. (b) The Following Financial Closing, the Company shall deliver to the GOB PPIB, copies of all non-material amendments to the executed Financing Documents within 10 ten (ten10) Days days after the execution of each such document. The Company shall not execute any material amendment or modification related to changing or affecting the repayment of principal (including any refinancing or restructuring of payment obligations under any Financing Document) or enter into any loan agreement for secured debt or otherwise incur any additional secured debt without submitting to the GOB not PPIB, no less than 15 thirty (fifteen30) Business Days days prior to execution of such amendment or modification to the loan documents or new loan agreements, a schedule or term sheet setting forth the proposed revised principal repayment schedule and the other principal financial terms or material modifications related thereto. The GOB Any reduction in the principal repayment schedule or interest rate under the Financing Documents shall be shared with the Power Purchaser, and shall result in a reduction in the Reference Debt Service Component to provide sixty percent (60%) of the benefits of such reduction to the Power Purchaser. PPIB shall notify the Company of any objections to the term sheet or schedule related to the proposed modification to the principal repayment schedule or material modifications as soon as reasonably possible, and in any case within fifteen (15) Business Days of receipt of the term sheet or schedule, which objection, subject to the immediately following sentence, shall be based on a finding that the benefits of any reduction in the principal repayment schedule or interest rate under the Financing Documents have been shared with the Power Purchaser as provided above, and shall be subject to an amendment of the Power Purchase Agreement to incorporate such reduction in the Reference Debt Service Component. If the GOB does PPIB has not object notified the Company of any objections to the term sheet or schedule related to the proposed modification to the principal repayment schedulere-payment schedule within such fifteen (15) Business Day period, the GOB such term sheet or schedule shall be deemed not objected to object by the PPIB. At the request of PPIB, prior to refinancing on those terms. The GOB the execution of such amendments or modifications to the Financing Documents or new Financing Documents, the Company shall not object deliver to the PPIB, in a material amendment form satisfactory to the PPIB, assurances, undertakings or modification agreements that no alteration or enhancement as a result of such refinancing or the terms thereof so long as the principal repayment schedule and other principal financial terms are consistent with the Tariff and does not new or additional debt financing shall increase in any material respect the financial obligations of the GOB arising GOP hereunder or under the Guarantee or affect in any way the right of the GOP to acquire the Complex free and clear of all Liens upon termination the GOP’s payment of this Agreementthe applicable Compensation Amount.

Delivery of Financing Documents; Evaluation of Principal Repayment Schedule. (a) The Company shall deliver to the GOB a schedule or a copy of a reference term sheet related to the Financing Documents setting forth a principal repayment schedule reasonably consistent with the Reference Tariff, together with the maximum principal amounts and interest rate or rates, and any schedules or formulae that will be included in the Financing Documents for the computation of fees and charges payable to the Lenders upon the winding up for early termination of the loans under the Financing Documents not later than 45 (forty-five) Days prior to Financial Closing. The GOB may evaluate the principal repayment schedule and other principal financial terms to ensure that the other principal financial terms are consistent with the principal repayment schedule, and that the principal amount, principal repayment schedule and the interest rate are reasonably consistent with the Reference Tariff and to evaluate the impact of the terms of the Financing Documents on the GOB’s obligations upon any termination of this Agreement. If the GOB has any objections to the terms specified in such term sheet or schedule, it shall inform the Company thereof within 15 (fifteen) Business Days of its receipt thereof; otherwise, it shall be deemed not to have objected to those terms, and the Company shall be entitled thereafter to execute Financing Documents containing those terms and a principal repayment schedule of the specified term or a shorter term without further notice to or approval by the GOB. Each loan agreement constituting part of the Financing Documents will provide that any liquidated damages received by the Company from its Construction Contractor for capacity or other testing shortfalls shall be used either to reduce the outstanding principal amount of debt under such loan agreement or in an effort to correct such shortfalls. The Company shall provide the GOB with a copy of the loan agreements executed on the date of the Financial Closing Date not later than 15 (fifteen) Business Days after Financial Closing. The Company shall provide the GOB and BPDB, the relevant document in support of at least 70% (seventy) of the Total Facility Cost as foreign investment. (b) The Company shall deliver to the GOB copies of all non-material amendments to the executed Financing Documents within 10 (ten) Days after the execution of each such document. The Company shall not execute any material amendment or modification related to the repayment of principal (including any refinancing or restructuring of payment obligations under any Financing Document) without submitting to the GOB not less than 15 (fifteen) Business Days prior to execution of the loan documents a schedule or term sheet setting forth the proposed revised principal repayment schedule and the other principal financial terms or material modifications related thereto. The GOB shall notify the Company of any objections to the term sheet or schedule related to the proposed modification to the principal repayment schedule or material modifications as soon as reasonably possible. If the GOB does not object to the principal repayment schedule, the GOB shall be deemed not to object to refinancing on those terms. The GOB shall not object to a material amendment or modification or a refinancing or the terms thereof so long as the principal repayment schedule and other principal financial terms are consistent with the Reference Tariff and does not increase in any material respect the obligations of the GOB arising upon termination of this Agreement.

Delivery of Financing Documents; Evaluation of Principal Repayment Schedule. (a) The Prior to Financial Closing, the Company shall deliver to the GOB PPIB a schedule or a copy of a reference the term sheet related to reflecting the proposed material terms of the Financing Documents Documents, and setting forth a principal repayment schedule reasonably consistent with that provides for debt repayment that is not less than the TariffReference Debt Service Component, assuming Available Capacity (or payments in lieu thereof under the Power Purchase Agreement) equal to the Contract Capacity for each Agreement Year during the loan term, together with the maximum principal amounts and interest rate or ratesrates (or xxxx up or other term denoting the return paid to the Financiers on debt), together with the maximum principal amounts and interest rate or rates and any schedules or formulae that will be included in the Financing Documents Document for the computation of fees and charges payable to the Lenders upon the winding up for early termination of the loans under the Financing Documents not later than 45 (forty-five) Days prior to Financial ClosingDocuments, and shall also identify the equity commitments, individually and in total, of the Initial Shareholders. The GOB may PPIB will evaluate the principal repayment schedule and other principal financial terms and the equity commitments in the Project, to ensure that the other principal financial terms are consistent with repayment of principal in accordance with the principal repayment schedule, and that the principal amount, principal repayment schedule and is not less than the interest rate are reasonably consistent with the Tariff Reference Debt Service, and to evaluate the impact of the terms of the Financing Documents on the GOBGOP’s obligations upon any termination of this Agreement. If the GOB PPIB has any objections to the terms specified in such term sheet or schedule, it shall inform the Company thereof within 15 fifteen (fifteen15) Business Days of its receipt thereof; otherwise, it shall be deemed not to have objected to those terms, terms and the Company shall be entitled thereafter to execute the Financing Documents containing Documents, consistent with those terms and a principal repayment schedule of the specified term or a shorter term without further notice to or approval by the GOBPPIB. Each loan agreement constituting part of the Financing Documents will provide that any liquidated damages received by the Company from its Construction EPC Contractor for capacity or other testing shortfalls shall be used either to reduce the outstanding principal amount of debt under such loan agreement or in an effort to correct remedy such shortfalls. The Company shall provide the GOB PPIB with a copy of the loan agreements executed on the date of the Financial Closing Date not no later than 15 fifteen (fifteen15) Business Days after Financial Closing. The Company shall provide the GOB and BPDB, the relevant document in support of at least 70% (seventy) of the Total Facility Cost as foreign investment. (b) The Following Financial Closing, the Company shall deliver to the GOB PPIB, copies of all non-material amendments to the executed Financing Documents within 10 ten (ten10) Days days after the execution of each such document. The Company shall not execute any material amendment or modification related to changing or affecting the repayment of principal (including any refinancing or restructuring of payment obligations under any Financing Document) or enter into any loan agreement for secured debt or otherwise incur any additional secured debt without submitting to the GOB not PPIB, no less than 15 thirty (fifteen30) Business Days days prior to execution of such amendment or modification to the loan documents or new loan agreements, a schedule or term sheet setting forth the proposed revised principal repayment schedule and the other principal financial terms or material modifications related thereto. The GOB Any reduction in the principal repayment schedule or interest rate under the Financing Documents shall be shared with the Power Purchaser, and shall result in a reduction in the Reference Debt Service Component to provide sixty percent (60%) of the benefits of such reduction to the Power Purchaser. PPIB shall notify the Company of any objections to the term sheet or schedule related to the proposed modification to the principal repayment schedule or material modifications as soon as reasonably possible, and in any case within fifteen (15) Business Days of receipt of the term sheet or schedule, which objection, subject to the immediately following sentence, shall be evaluated and approved on the basis that the benefits of any reduction in the principal repayment schedule or interest rate under the Financing Documents have been shared with the Power Purchaser as provided above, and shall be subject to an amendment of the Power Purchase Agreement to incorporate such reduction in the Reference Debt Service Component. If the GOB does PPIB has not object notified the Company of any objections to the term sheet or schedule related to the proposed modification to the principal repayment schedulere-payment schedule within such fifteen (15) Business Day period, the GOB such term sheet or schedule shall be deemed not objected to object by the PPIB. At the request of PPIB, prior to refinancing on those terms. The GOB the execution of such amendments or modifications to the Financing Documents or new Financing Documents, the Company shall not object deliver to the PPIB, in a material amendment form satisfactory to the PPIB, assurances, undertakings or modification agreements that no alteration or enhancement as a result of such refinancing or the terms thereof so long as the principal repayment schedule and other principal financial terms are consistent with the Tariff and does not new or additional debt financing shall increase in any material respect the financial obligations of the GOB arising GOP hereunder or under the Guarantee or affect in any way the right of the GOP to acquire the Complex free and clear of all Liens upon termination the GOP’s payment of this Agreementthe applicable Compensation Amount.

Delivery of Financing Documents; Evaluation of Principal Repayment Schedule. (a) The Company Prior to Financial Closing, the Seller shall deliver to the GOB AEDB a schedule or a copy of a reference the term sheet related to reflecting the proposed material terms of the Financing Documents Documents, and setting forth a principal repayment schedule reasonably consistent with that provides for debt repayment that is not less than the TariffInterest Charges Component and Loan Repayment Component using the assumptions of Monthly Benchmark Energy, together with the maximum principal amounts and interest (or markup) rate or rates, rates and any schedules or formulae that will be included in the Financing Documents for the computation of principal and interest (or markup), fees and charges payable to the Lenders upon the winding up for early termination of the loans under the Financing Documents not later Documents, and shall also identify the equity commitments, individually and in total, of the Initial Shareholder; provided however that, in the event the term sheet provides for debt repayment that is less than 45 the Interest Charges Component and Loan Repayment Component (forty-fivethe difference being the “Debt Component Differential”), the Interest Charges Component and Loan Repayment Component shall be reduced at the Commercial Operations Date by an amount that is equal to sixty percent (60%) Days prior to Financial Closingof the Debt Component Differential. The GOB may AEDB will evaluate the principal repayment schedule and other principal key financial terms and the equity commitments in the Project, to ensure that the other principal financial terms are consistent with not less than the principal repayment schedule, and that the principal amount, principal repayment schedule and the interest rate are reasonably is consistent with the Tariff Interest Charges Component and Loan Repayment Component and to evaluate the impact of the terms of the Financing Documents on the GOBGOP’s obligations upon any termination of this Agreement. If the GOB AEDB has any objections to the terms specified in such term sheet or schedule, it shall inform the Company Seller thereof within 15 fifteen (fifteen15) Business Days of its receipt thereof; otherwise, it the GOP shall be deemed not to have objected to those terms, terms and the Company Seller shall be entitled thereafter to execute the Financing Documents containing Documents, consistent with those terms and a principal repayment schedule of the specified term or a shorter term without further notice to or approval by the GOBAEDB. Each loan agreement constituting part of the Financing Documents will provide that any liquidated damages received by the Company Seller from its Construction EPC Contractor for capacity or other testing shortfalls shall be used either to reduce or pay the outstanding principal amount of debt under such loan agreement or in an effort to correct remedy such shortfallsshortfalls or to make payments required under the Energy Purchase Agreement, if any. The Company Seller shall provide the GOB AEDB with a copy of the loan agreements executed on the date of the Financial Closing Date not no later than 15 fifteen (fifteen15) Business Days after Financial Closing. The Company of its execution (provided that, to the extent that the commercial terms of these executed loan agreements do not materially deviate from the term sheet approved or deemed to have been approved by AEDB under this Section 11.3(a), AEDB shall provide the GOB and BPDB, the relevant document have no further right to raise any objection in support respect of at least 70% (seventy) of the Total Facility Cost as foreign investmentthese agreements). (b) The Company Following Financial Closing, the Seller shall deliver to the GOB AEDB, copies of all non-material amendments to the executed Financing Documents within 10 ten (ten10) Business Days after the execution of each such document. The Company Seller shall not execute any material amendment or modification related to changing or affecting the repayment of principal (including any refinancing or restructuring of payment obligations under any Financing Document) or enter into any loan agreement for secured debt or otherwise incur any additional secured debt without submitting to the GOB not AEDB, no less than 15 thirty (fifteen30) Business Days prior to execution of such amendment or modification to the loan documents or new loan agreements, a schedule or term sheet setting forth the proposed revised principal repayment schedule and the other principal key financial terms or material modifications related thereto. The GOB Any reduction in the principal repayment schedule or interest (markup) rate under the Financing Documents shall be shared with the Purchaser, and shall result in a reduction in the Interest Charges Component and Loan Repayment Component to provide sixty percent (60%) of the benefits of such reduction to the Purchaser and forty percent (40%) of the benefits of such reduction to the Seller. AEDB shall notify the Company Seller of any objections to the term sheet or schedule related to the proposed modification to the principal repayment schedule or material modifications as soon as reasonably possible. If , and in any case within fifteen (15) Business Days of receipt of the GOB does not object term sheet or schedule, which objection, subject to the principal repayment scheduleimmediately following sentence, the GOB shall be deemed not to object to refinancing based either (i) on those terms. The GOB shall not object to a material amendment or modification or a refinancing or finding that the terms thereof so long as benefits of any reduction in the principal repayment schedule and other principal financial terms are consistent or interest (markup) rate under the Financing Documents have not been shared with the Tariff and does not increase in any material respect the obligations of the GOB arising upon termination of this Agreement.Purchaser as provided above or,

Delivery of Financing Documents; Evaluation of Principal Repayment Schedule. (a) The Prior to Financial Closing, the Company shall deliver to the GOB PPIB a schedule or a copy of a reference the term sheet related to reflecting the proposed material terms of the Financing Documents Documents, and setting forth a principal repayment schedule reasonably consistent with that provides for debt repayment that is not less than revenue produced by the Reference Debt Service Component of the Tariff, assuming Available Capacity equal to the Contract Capacity for each Agreement Year during the loan term, together with the maximum principal amounts and interest rate or ratesrates (or xxxx up or other term denoting the return paid to Lenders on debt), and any schedules or formulae that will be included in the Financing Documents Document for the computation of fees and charges payable to the Lenders upon the winding up for early termination of the loans under the Financing Documents not later than 45 (forty-five) Days prior to Financial ClosingDocuments, and shall also identify the equity commitments, individually and in total, of the Initial Shareholders. The GOB may PPIB will evaluate the principal repayment schedule and other principal financial terms and the equity commitments in the Project, to ensure that the other principal financial terms are consistent with the repayment of principal in accordance with the principal repayment schedule, and that the principal amount, principal repayment schedule and is not less than the interest rate are reasonably consistent with Reference Debt Service Component of the Tariff Tariff, and to evaluate the impact of the terms of the Financing Documents on the GOBGOP’s obligations upon any termination of this Agreement. If the GOB PPIB has any objections to the terms specified in such term sheet or schedule, it shall inform the Company thereof within 15 fifteen (fifteen15) Business Days of its receipt thereof; otherwise, it shall be deemed not to have objected to those terms, terms and the Company shall be entitled thereafter to execute the Financing Documents containing Documents, consistent with those terms and a principal repayment schedule of the specified term or a shorter term without further notice to or approval by the GOBPPIB. Each loan agreement constituting part of the Financing Documents will provide that any liquidated damages received by the Company from its Construction EPC Contractor for capacity or other testing shortfalls shall be used either to pay the liquidated damages as per the Power Purchase Agreement for capacity shortfalls at the time of the Commercial Operations Date and to the extent of available funds to reduce the outstanding principal amount of debt under such loan agreement or in an effort to correct such shortfallsagreement. The Company shall provide the GOB PPIB with a copy of the executed loan agreements executed on the date of the Financial Closing Date not no later than 15 fifteen (fifteen15) Business Days after Financial Closing. The Company shall provide the GOB and BPDB, the relevant document in support of at least 70% (seventy) execution of the Total Facility Cost as foreign investmentFinancial Documents. (b) The Following Financial Closing, the Company shall deliver to the GOB PPIB, copies of all non-material amendments to the executed Financing Documents within 10 ten (ten10) Days days after the execution of each such document. The Company shall not execute any material amendment or modification related to changing or affecting the repayment of principal (including any refinancing or restructuring of payment obligations under any Financing Document) or enter into any loan agreement for secured debt or otherwise incur any additional secured debt without submitting to the GOB not PPIB, no less than 15 thirty (fifteen30) Business Days days prior to execution of such amendment or modification to the loan documents or new loan agreements, a schedule or term sheet setting forth the proposed revised principal repayment schedule and the other principal financial terms or material modifications related thereto. The GOB Any reduction in the principal repayment schedule or interest rate (or xxxx-up or any other term connoting the return paid to the Lenders on debt) under the Financing Documents shall be shared with the Power Purchaser, and shall result in a reduction in the Reference Debt Service Component of the Tariff to provide sixty percent (60%) of the benefits of such reduction to the Power Purchaser. PPIB shall notify the Company of any objections to the term sheet or schedule related to the proposed modification to the principal repayment schedule or material modifications as soon as reasonably possible, and in any case within fifteen (15) Business Days of receipt of the term sheet or schedule, which objection, subject to the immediately following sentence, shall be evaluated and not objected to on the basis that the benefits of any reduction in the principal repayment schedule or interest rate under the Financing Documents have been shared with the Power Purchaser as provided above, and shall be subject to an amendment of the Power Purchase Agreement to incorporate such reduction in the Reference Debt Service Component of the Tariff. If the GOB does PPIB has not object notified the Company of any objections to the term sheet or schedule related to the proposed modification to the principal repayment schedulere-payment schedule within such fifteen (15) Business Day period, the GOB such term sheet or schedule shall be deemed not objected to object by the PPIB. At the request of PPIB, prior to refinancing on those terms. The GOB the execution of such amendments or modifications to the Financing Documents or new Financing Documents, the Company shall not object deliver to the PPIB, in a material amendment form satisfactory to the PPIB, assurances, undertakings or modification agreements that no alteration or enhancement as a result of such refinancing or the terms thereof so long as the principal repayment schedule and other principal financial terms are consistent with the Tariff and does not new or additional debt financing shall increase in any material respect the financial obligations of the GOB arising GOP hereunder or under the Guarantee or effect in any way the right of the GOP to acquire the Complex free and clear of all Liens upon termination the GOP’s payment of this Agreementthe applicable Compensation Amount.