Common use of Extraordinary Termination Clause in Contracts

Extraordinary Termination. The Borrower is entitled to terminate the credit agreement extraordinarily at any time, observing a notice period of 30 calendar days, and to repay the outstanding utilizations in whole or in part. If, as a result of the extraordinary termination, the maturity date for the utilization occurs within an ongoing fixed interest period or on a day other than the originally agreed maturity date, compensation in accordance with paragraph 1 of “Compensation in the Event of Extraordinary Termination” shall be due for payment on the early maturity date. UBS is entitled to terminate the credit agreement at any time with immediate effect and to make all claims including accrued interest, fees, etc., regardless of the terms of the loans granted, due immediately and to demand them immediately, if: 1) the Borrower or a group company (a “group company” is any company that is controlled by the Borrower within the meaning of Art. 963 paragraph 2 OR [Obligationenrecht (Swiss Code of Obligations)]) is in arrears vis-à-vis UBS or a third party (including any acquirers of credit claims) with respect to interest, fees, and/or capital payments by more than 30 calendar days, or credit overruns are not repaid or adequately secured through payment within the deadline set by UBS. 2) a restructuring obligation is imposed upon the Borrower or a group company by an official order (particularly in the field of environmental protection), which, in the judgment of UBS, could have a material impact on its financial performance. 3) the ownership/control circumstances of the Borrower change to a significant extent, in the judgment of UBS. 4) the Borrower or a group company changes its legal or economic structure, for example through liquidation, sale of a significant portion of the assets, change of corporate purpose or business activity, merger, or restructuring, if, in the judgment of UBS, the relevant event could have a material impact on its financial capacity. 5) in connection with the Borrower or a group company, a petition is filed for the opening of a bankruptcy proceeding or the postponement of a bankruptcy proceeding and/or a judicial or extrajudicial moratorium is requested. 6) the Borrower or a group company has stopped its payments, or the earnings or financial situation of the Borrower or a group company experiences a significant deterioration in the judgment of UBS. 7) the Borrower or a group company breaches any other obligations of this credit agreement. If, at the time of the extraordinary termination, there are outstanding utilizations in the form of deposits and letters of credit, the Borrower undertakes to have these contingent liabilities redeemed immediately or to secure them by pledging current assets in the amount of the commitment plus the customary bank margin. UBS Serial no. 0202-00632294 (only for internal bank purposes)

Extraordinary Termination. The Borrower is entitled to terminate the credit agreement extraordinarily at any time, observing a notice period of 30 calendar days, and to repay the outstanding utilizations in whole or in part. If, as a result of the extraordinary termination, the maturity date for the utilization occurs within an ongoing fixed interest period or on a day other than the originally agreed maturity date, compensation in accordance with paragraph 1 of “Compensation in the Event of Extraordinary Termination” shall be due for payment on the early maturity date. UBS is entitled to terminate the credit agreement at any time with immediate effect and to make all claims including accrued interest, costs, fees, etc., regardless of the terms of the loans granted, due immediately and to demand them immediatelypayment thereof, ifobserving a notice period of 5 banking days, as well as to refuse other utilizations, if one of the following extraordinary grounds for termination occurs: 1) the Borrower or a group company (a “group company” is any company that is controlled by the Borrower within the meaning of Art. 963 paragraph 2 OR [Obligationenrecht (Swiss Code of Obligations)]) is in arrears vis-à-vis UBS or a third party (including default with the payment of any acquirers of amount due under this credit claims) with respect to interest, fees, and/or capital payments by more than 30 calendar days, or credit overruns are not repaid or adequately secured through payment within the deadline set by UBSagreement. 2) a restructuring obligation is imposed upon the Borrower or a group company by an official order (particularly in the field of environmental protection), which, in the judgment of UBS, could have a material impact on its financial performance. 3) the ownership/control circumstances of the Borrower change to a significant extent, in the judgment of UBS. 4) the Borrower or a group company changes its legal or economic structure, for example through liquidation, sale of a significant portion of the assets, change of corporate purpose or business activity, merger, or restructuring, if, in the judgment of UBS, the relevant event could have a material impact on its financial capacity. 5) in In connection with the Borrower or a group companyBorrower, a petition request is filed for the opening made to open a bankruptcy proceeding, or postponement of a bankruptcy proceeding or the postponement like (e.g. liquidation, restructuring, or termination of a bankruptcy proceeding business activities) and/or a judicial or extrajudicial moratorium is requestedrequested and/or, in application of Article 42 of the SchKG [Gesetz über Schuldbetreibung und Konkurs (Law on Debt Enforcement and Bankruptcy)] a seizure enforcement action is initiated. 6) the Borrower or a group company has stopped its payments, making payments or the earnings or financial situation of the Borrower or a group company experiences a significant deterioration in the judgment of UBSis clearly insolvent. 7) the Borrower is in default with the fulfillment of debt obligations (including contingent liabilities and financing leases) to a creditor, regardless of the reason for the default and regardless of whether the creditor of the obligations in question has exercised its rights or a group company breaches any not. 8) the Borrower violates other obligations of arising under this credit agreement. If, at the time agreement or one of the extraordinary termination, there are outstanding utilizations in the form of deposits and letters of credit, self-declarations made by the Borrower undertakes is found to have these contingent liabilities redeemed immediately be untrue. In addition, UBS is entitled to terminate this credit agreement at any time for regulatory or to secure them by pledging current assets in the amount statutory reasons (e.g. violation of the commitment plus the customary bank margin. UBS Serial no. 0202-00632294 (only for internal bank purposes)Money Laundering Act) observing a notice period of 5 banking days, and to refuse further utilizations.

Extraordinary Termination. The Borrower is entitled shall have the right to terminate the credit agreement extraordinarily this Credit Agreement at any time, observing a notice period of time by giving 30 calendar daysdays prior notice, and to repay the any outstanding utilizations amounts in whole or in part. If, as In the event that any prepayment is made during a result of the extraordinary termination, the maturity date for the utilization occurs within an ongoing fixed interest period or on a day other than the date originally agreed maturity datefor repayment, compensation in accordance with paragraph 1 of “Compensation in the Event of Extraordinary Termination” an indemnity for prepayment shall be due payable pursuant to «Indemnity for payment Prepayment» on the early maturity dateactual date that the prepayment is made. UBS is entitled shall have the right to terminate the credit agreement this Credit Agreement at any time with immediate effect effect, and to make declare all claims outstanding amounts including accrued interest, commission, fees, etc.. immediately due and payable, regardless irrespective of the terms term of the loans any credit facility granted, due immediately and to demand them immediately, if: 1) the Borrower or a group Group company (a “group «Group company” is » shall hereinafter mean any company that is controlled by the Borrower within the meaning of Art. 963 paragraph 2 OR [Obligationenrecht (663 lit. e, para. 1 of the Swiss Code of Obligations)]Obligations that may be deemed to belong to the Borrower’s consolidated group of companies) is more than 30 calendar days in arrears vis-à-vis with payment of interest, commission and/or principal payments owed to UBS or a third party (including any acquirers of parties that may have acquired claims under the credit claims) with respect to interest, fees, and/or capital payments by more than 30 calendar daysgranted), or credit overruns are not repaid fails to reduce overdrafts by repayment or adequately secured through payment providing sufficient additional security within the deadline time period set therefor by UBS. 2) a restructuring obligation is imposed upon the Borrower or a group company one of its Group companies is/are required by an official order (particularly in particular in the field area of environmental protection), which, in ) to undertake remedial measures which are deemed by UBS as having a potentially material effect on the judgment of UBS, could have a material impact on Borrower’s ability to perform its financial performanceobligations. 3) the ownership/control circumstances of the Borrower change to a significant extent, in the judgment opinion of UBSUBS a material reduction in the value of security is imminent or has occurred. 4) there has been a change of ownership/controlling interests in relation to the Borrower which UBS deems to be material. 5) the Borrower or a group Group company changes its its/their legal or economic commercial structure, for example e.g. through liquidation, sale of a significant portion substantial part of the its assets, change of corporate purpose its objects or business activityactivities, merger, merger or restructuring, if, in the judgment of UBS, provided that the relevant event could have is deemed by UBS as having a potentially material impact effect on the Borrower’s ability to perform its financial capacityobligations. 56) in connection with regard to the Borrower or a group company, a petition is filed for the opening of a Group company bankruptcy proceeding or the postponement of a bankruptcy proceeding and/or a judicial or extrajudicial moratorium is requested. 6) the Borrower proceedings or a group company has stopped its payments, stay of bankruptcy proceedings are filed and/or an application for court or the earnings or financial situation of the Borrower or a group company experiences a significant deterioration in the judgment of UBSout-of-court creditor protection is made. 7) the Borrower or a group Group company breaches has suspended payments or the earnings or asset position of the Borrower or a Group company is deemed by UBS to have deteriorated significantly. 8) the Borrower or a Group company is in breach of any other obligations of arising under this credit agreement. If, at the time of the extraordinary termination, there are outstanding utilizations in the form of deposits and letters of credit, the Borrower undertakes to have these contingent liabilities redeemed immediately or to secure them by pledging current assets in the amount of the commitment plus the customary bank margin. UBS Serial no. 0202-00632294 (only for internal bank purposes)Credit Agreement.