ESG. If, upon conclusion of the ESG Performance Period, the Company’s relative ESG for the ESG Performance Period is at the 50th percentile of ESG for the ESG Peer Group Companies, 100% of the ESG Target Performance Shares shall become earned, with a fractional share rounded down to the next whole share.
ESG. The Issuer shall use its best endeavours to comply with the ESG guidelines as set out in Schedule 3 hereto.
ESG. (A) Prior to 30 September 2021, the Original Borrower and one or more Lenders selected by the Original Borrower (the “ESG Negotiators”) shall negotiate in good faith to agree the sustainability-linked key performance indicators (each a “KPI”) for the KEL Group which apply to an adjustment to the Margin after 30 September 2021 and associated amendments, consents or waivers to this Agreement or the other Finance Documents on the basis of the following parameters:
(i) there shall be two KPIs with one KPI based on an internal measurement of the reduction in emissions/emissions intensity of the KEL Group and the other KPI based on an external assessment of the KEL Group’s environmental, social and governance risks by a third party ratings body, MSCI or similar;
(ii) the performance against each KPI shall be assessed once per year and any changes to Margin will apply until the next occasion on which each KPI is assessed (the “Margin Adjustment Period”);
(iii) the realisation of the agreed target for any KPI will result in the Margin applicable to a Loan during the Margin Adjustment Period decreasing by 0.025% per KPI;
(iv) the realisation of the agreed premium for any KPI will result in the Margin applicable to a Loan during the Margin Adjustment Period increasing by 0.025% per KPI; and
(v) one or more Lenders (which may or may not be the ESG Negotiators) shall be appointed as ESG coordinators (“ESG Coordinators”) to represent the Lenders on an ongoing basis in respect of the assessment of the KPIs and any revised targets and premiums for such KPIs (and provision shall be made to carve out liability for the ESG coordinators in the performance of such role).
(B) If, prior to 30 September 2021, the Original Borrower and the ESG Negotiators have agreed the KPIs and the associated amendments, consents or waivers to this Agreement or the other Finance Documents in accordance with paragraph (A) (“Agreed ESG Amendments”), the Facility Agent shall submit the Agreed ESG Amendments to the Lenders and each Lender may within a fifteen Business Day period, submit their vote to the Facility Agent as to whether or not they approve of the Agreed ESG Amendments.
(C) If:
(i) each Lender votes to approve the Agreed ESG Amendments (other than the appointment of and the terms of the appointment of the ESG Coordinators); and
(ii) the Majority Xxxxxxx vote to approve the appointment of and the terms of the appointment of the ESG Coordinators, then the Facility Agent shall, on behalf o...
ESG. The Company has adopted [,and actively monitors compliance (including relevant training of employees and workers) with,] the following policies: [an anti-harassment policy, an anti-discrimination policy, an anti-slavery and human trafficking policy, a corporate and social responsibility policy and an anti-bribery and anti-corruption policy] (the "Group ESG Policies"). [There has been no material breach by the Company or any of its directors, officers or employees of any of the Group ESG Policies]. So far as the Company is aware, the Company has during the three years ending on the Execution Date complied with all its Social Obligations and it continues to do so. No person has in the last 12 months notified the Company of any alleged breach of its Social Obligations and there are no disputes between the Company and its employees or any trade union or other body representing all or any employees of the Company. [So far as the Company is aware, [having taken legal advice,] the business of the Company as at the Execution Date, does not fall within the scope of any of the 17 sectors set out in The National Security and Investment Act 2021 (Notifiable Acquisition) (Specification of Qualifying Entities) Regulations 2021.]14 [The Company has no operations in the US or, to the extent the Company has operations in the US, so far as the Company is aware, [having taken legal advice,] it is not a TID U.S. Business as defined in [the 31 CFR 800.248].]
ESG. (a) Tenant acknowledges that current and future disclosures and information may be required by Landlord’s ESG Performance initiatives and applicable Laws. Tenant shall provide Landlord any and all information reasonably requested by or on behalf of Landlord in connection with the ESG Performance of the Premises and/or any other information necessary for Landlord to comply with applicable Laws or Landlord’s ESG Performance initiatives, including to maintain or obtain any ESG Certifications for the Building and the Property. Tenant consents to Landlord’s using such data, subject only to the provision that Landlord will comply with applicable privacy Laws in its handling of data relating to the Premises and Tenant’s consumption.
(b) Without the consent of the Tenant, the Landlord shall be entitled to install, or have installed by third parties, intelligent measuring systems or modern measuring devices as well as new measuring devices or meters compatible with smart meter gateways for gas, water and heating for the purpose of recording consumption in the Property, the Building and/or the Premises.
(c) Tenant shall fully cooperate with Landlord in any ESG Performance initiatives that Landlord determines may be necessary or appropriate for the Property, the Building and/or the Premises to be in compliance with applicable Laws and positioning the Building and/or the Property within an ESG related investment fund or product. In addition, Tenant shall reasonably cooperate with any rules, regulations and requirements that Landlord determines may be necessary or appropriate to (i) maintain or obtain any ESG Certification for the Property and/or the Building, or (ii) further the mandates or goals of the Landlord’s own sustainability objectives.
(d) Tenant shall use commercially reasonable efforts to, and shall encourage its employees, subtenants, service providers and other contractual partners to, operate the Premises in a manner that would reasonably be expected to reduce energy and water use and waste generation and increase recycling within the Property, the Building and the Premises.
(e) Tenant shall use commercially reasonable efforts to obtain electrical energy for the Premises from renewable energy sources. If any applicable legal requirements to meet the demand for electrical energy from renewable sources comes into force during the term of this Lease then Tenant shall comply with such legal requirements.
(f) In the case of any capital improvement that an ind...
ESG. 1. Ensure that all activities taken under supervision of the CMO are compliant with all Company’s ESG requirements and Commitments.
ESG. 18.1. IG is committed to improve its services and make a positive contribution to its businesses and the world. IG observes its ESG-policy, as published on its website (xxxxx://xxxxxxxx-xxxxxxxxxxx.xxx/wp- content/uploads/2024/06/20240327-ESG-public- story-IG.pdf) and as amended from time to time, in every step of its business. In doing business with IG, Customer acknowledges IG’s ESG-policy and agrees to use its best efforts to act in line with the ESG- policy.
ESG. If, upon conclusion of the ESG Performance Period, the Company’s relative ESG for the ESG Performance Period falls below the 25th percentile of ESG for the ESG Peer Group Companies (as defined below), no Performance Shares for ESG performance shall become earned.
ESG. Prior to 30 September 2021, the Original Borrower and one or more Lenders selected by the Original Borrower (the “ESG Negotiators”) shall negotiate in good faith to agree the sustainability-linked key performance indicators (each a “KPI”) for the KEL Group which apply to an adjustment to the Margin after 30 September 2021 and associated amendments, consents or waivers to this Agreement or the other Finance Documents on the basis of the following parameters:
