ESG Certificate Clause Samples
An ESG Certificate clause requires a party to provide documentation verifying its compliance with environmental, social, and governance (ESG) standards. Typically, this involves submitting a certificate or report from a recognized authority or internal compliance team, confirming that the party meets specified ESG criteria, such as sustainable sourcing, fair labor practices, or ethical governance. The core function of this clause is to ensure transparency and accountability regarding ESG commitments, helping parties manage reputational risk and align with regulatory or stakeholder expectations.
POPULAR SAMPLE Copied 2 times
ESG Certificate. To: [The Bank of Nova Scotia] as Facility Agent We refer to the senior secured credit facility agreement originally dated 16 January 2004 (as from time to time amended, varied, novated or supplemented, the “Facilities Agreement”) and made between, inter alia, UPC Broadband Holding B.V. as Borrower and The Bank of Nova Scotia as Facility Agent and as Security Agent and the financial and other institutions named in it as Lenders. Terms defined in the Facilities Agreement or an Additional Facility Accession Agreement (as defined therein) shall have the same meanings in this Certificate. I, [name], a Director of UPC Financing Partnership (“UPC Financing”) CERTIFY without personal liability, that for the financial year ending [●]:
ESG Certificate. On or before the Monthly Settlement Date immediately following the ESG Margin Effective Date (the calendar month of such Monthly Settlement Date, the “ESG Reporting Month”) and on or before the Monthly Settlement Date occurring in the ESG Reporting Month for each successive year until the Final Payout Date, the Servicer shall furnish to the Administrative Agent a certificate in form reasonably satisfactory to the Administrative Agent (each, an “ESG Certificate”) containing calculations, mutually agreed by the Borrowers, the Administrative Agent and each Lender, for the prior calendar year, in reasonable detail, together with supporting information in connection therewith, signed by a Financial Officer of the Servicer and certified as being true, complete and correct in all material respects. Each party hereto hereby agrees that the Administrative Agent shall not have any responsibility for (or liability in respect of) reviewing, auditing or otherwise evaluating any calculation by the Servicer (or any of the data or computations that are part of or related to any such calculation) set forth in any ESG Certificate (and the Administrative Agent may rely conclusively on any such certificate, without further inquiry).
ESG Certificate. On or before the Monthly Settlement Date immediately following the ESG Margin Effective Date (the calendar month of such Monthly Settlement Date, the “ESG Reporting Month”) and on or before the Monthly Settlement Date occurring in the ESG Reporting Month for each successive year until the Final Payout Date, the Servicer shall furnish to the Administrative Agent a certificate in form reasonably satisfactory to the Administrative Agent (each, an “ESG Certificate”) containing calculations, mutually agreed by the Borrower, the Administrative Agent and each Lender, for the prior calendar year, in reasonable detail, together with supporting information in connection therewith, signed by a Financial Officer of the Servicer and certified as being true, complete and correct in all material respects. Each party hereto hereby agrees that the Administrative Agent shall not have any responsibility for (or liability in respect of) reviewing, auditing or otherwise evaluating any calculation by the Servicer (or any of the data or computations that are part of or related to any such calculation) set forth in any ESG Certificate (and the Administrative Agent may rely conclusively on any such certificate, without further inquiry). Notwithstanding anything in this Agreement to the contrary, the failure to deliver an ESG Certificate under this Section 14.20 shall not constitute an Event of Default or an Unmatured Event of Default.
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 of the Agreement are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; [LETTERHEAD OF BORROWER] [Date] [Administrative Agent] [Lenders] Re: Reduction Notice Ladies and Gentlemen: Reference is hereby made to that certain Receivables Financing Agreement, dated as of October 21, 2020 among EnLink Midstream Funding, LLC (the “Borrower”), EnLink Midstream Operating, LP, as Servicer (the “Servicer”), the Lenders par...
ESG Certificate. The Administrative Agent shall have received from the Borrower an Officer’s Certificate, dated as of the Second Amendment Effective Date, attaching a true, correct and complete copy of the ESG Report issued by Vigeo Eiris in July 2018.
ESG Certificate. On or before the ESG Determination Date of each year, beginning with the ESG Determination Date occurring on August 25, 2022, the Parent shall furnish to the Administrative Agent a certificate substantially in the form reasonably satisfactory to the Administrative Agent (each, an “ESG Certificate”) containing calculations, in reasonable detail, of the TRIR Among Peers and the GHG Intensity (YoY Change) for the most recently ended calendar year, together with supporting information in connection therewith, signed by a financial officer of the Parent and certified as being true, complete and correct in all material respects.
ESG Certificate