Common use of GENERAL UNDERTAKINGS OF THE DEBTORS Clause in Contracts

GENERAL UNDERTAKINGS OF THE DEBTORS. 5.1 Until the date of full satisfaction of all obligations due to the Bank under any Financing Document, the Borrower undertakes to duly and timely perform the following obligations: (a) Compliance with laws: to comply in all material respects with all laws to which it may be subject. (b) Access: to allow the Bank and/or the accountants or other contractors or professional advisors of the Bank the unrestricted access at any reasonable time and with a reasonable prior notice, at the Borrower’s cost and risk, to the Borrower’s premises, assets, registries and records (including, without limitation to, any financial statements or other accounting registration, the entire documentations based on which the above were prepared (in whatever form, either written, electronic or other form) of the Borrower, held by the Borrower or under its control (including, without limitation, its employees, representatives, assignees, successors or subcontractors), as well as any documents referring to environmental risk) and to meet and discuss with the Borrower’s management; the financial statements, registrations and documents on which the above are based on or other above mentioned documents shall be made available to the Bank or its authorized representatives during normal working schedule, at the Borrower’s headquarters. In case the Borrower’s headquarters are not available at the date reasonably requested by the Bank, the above mentioned documents will be made available for examination by the Borrower on a date and at a location chosen by the Bank, on the Borrower’s expense. (c) Authorizations: to obtain, to comply with and take all measures required for maintaining the validity and effectiveness of any Authorization required or appropriate for (i) allowing the Borrower to validly conclude, exercise the rights and perform the obligations provided by each Financing Documents; (ii) ensuring the lawfulness, validity, enforceability or admissibility in evidence in Romania and in any other relevant jurisdiction, if the case, of any Financing Document; and (iii) conducting its business, if failing to comply with this obligation has or is reasonably expected to have a Material Adverse Effect; (d) Credit Facility utilisation: to ensure that all amounts made available by the Bank under the Credit Facility Agreement are used for the purposes provided by the Credit Facility Agreement, and upon request, to provide the Bank with satisfactory evidence in respect thereto; (e) Paripassu: to ensure that its payment obligations under the Financing Documents rank at least paripassu with the claims of all its other unsecured and unsubordinated creditors, except for obligations mandatorily preferred by law; (f) Environment protection: to comply with all environment protection laws, to obtain, maintain and ensure compliance with all environmental authorizations or other similar permits, to implement the procedures for monitoring the compliance with, and to prevent liability based on, any environment protection law, to the extent any such non-compliance has or is reasonably expected to have a Material Adverse Effect;

Appears in 2 contracts

Samples: General Conditions for Credit Facilities, General Conditions for Credit Facilities

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GENERAL UNDERTAKINGS OF THE DEBTORS. 5.1 Until the date of full satisfaction of all obligations due to the Bank under any Financing Document, the Borrower undertakes to duly and timely perform the following obligations: (a) Compliance with laws: to comply in all material respects with all laws to which it may be subject. (b) Access: to allow the Bank and/or the accountants or other contractors or professional advisors of the Bank the unrestricted access at any reasonable time and with a reasonable prior notice, at the Borrower’s 's cost and risk, to the Borrower’s 's premises, assets, registries and records (including, without limitation to, any financial statements or other accounting registration, the entire documentations based on which the above were prepared (in whatever form, either written, electronic or other form) of the Borrower, held by the Borrower or under its control (including, without limitation, its employees, representatives, assignees, successors or subcontractors), as well as any documents referring to environmental risk) and to meet and discuss with the Borrower’s 's management; the financial statements, registrations and documents on which the above are based on or other above mentioned documents shall be made available to the Bank or its authorized representatives during normal working schedule, at the Borrower’s 's headquarters. In case the Borrower’s 's headquarters are not available at the date reasonably requested by the Bank, the above mentioned documents will be made available for examination by the Borrower on a date and at a location chosen by the Bank, on the Borrower’s 's expense. (c) Authorizations: to obtain, to comply with and take all measures required for maintaining the validity and effectiveness of any Authorization required or appropriate for (i) allowing the Borrower to validly conclude, exercise the rights and perform the obligations provided by each Financing Documents; (ii) ensuring the lawfulness, validity, enforceability or admissibility in evidence in Romania and in any other relevant jurisdiction, if the case, of any Financing Document; and (iii) conducting its business, if failing to comply with this obligation has or is reasonably expected to have a Material Adverse Effect; (d) Credit Facility utilisation: to ensure that all amounts made available by the Bank under the Credit Facility Agreement are used for the purposes provided by the Credit Facility Agreement, and upon request, to provide the Bank with satisfactory evidence in respect thereto; (e) ParipassuPari passu: to ensure that its payment obligations under the Financing Documents rank at least paripassu pari passu with the claims of all its other unsecured and unsubordinated creditors, except for obligations mandatorily preferred by law; (f) Environment protection: to comply with all environment protection laws, to obtain, maintain and ensure compliance with all environmental authorizations or other similar permits, to implement the procedures for monitoring the compliance with, and to prevent liability based on, any environment protection law, to the extent any such non-compliance has or is reasonably expected to have a Material Adverse Effect;

Appears in 1 contract

Samples: General Conditions for Credit Facilities

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GENERAL UNDERTAKINGS OF THE DEBTORS. 5.1 Until the date of full satisfaction of all obligations due to the Bank under any Financing Document, the Borrower undertakes to duly and timely perform the following obligations: (a) Compliance with laws: to comply in all material respects with all laws to which it may be subject. (b) Access: to allow the Bank and/or the accountants or other contractors or professional advisors of the Bank the unrestricted access at any reasonable time and with a reasonable prior notice, at the Borrower’s cost and risk, to the Borrower’s premises, assets, registries and records (including, without limitation to, any financial statements or other accounting registration, the entire documentations based on which the above were prepared (in whatever form, either written, electronic or other form) of the Borrower, held by the Borrower or under its control (including, without limitation, its employees, representatives, assignees, successors or subcontractors), as well as any documents referring to environmental risk) and to meet and discuss with the Borrower’s management; the financial statements, registrations and documents on which the above are based on or other above mentioned documents shall be made available to the Bank or its authorized representatives during normal working schedule, at the Borrower’s headquarters. In case the Borrower’s headquarters are not available at the date reasonably requested by the Bank, the above mentioned documents will be made available for examination by the Borrower on a date and at a location chosen by the Bank, on the Borrower’s expense. (c) Authorizations: to obtain, to comply with and take all measures required for maintaining the validity and effectiveness of any Authorization required or appropriate for (i) allowing the Borrower to validly conclude, exercise the rights and perform the obligations provided by each Financing Documents; (ii) ensuring the lawfulness, validity, enforceability or admissibility in evidence in Romania and in any other relevant jurisdiction, if the case, of any Financing Document; and (iii) conducting its business, if failing to comply with this obligation has or is reasonably expected to have a Material Adverse Effect; (d) Credit Facility utilisation: to ensure that all amounts made available by the Bank under the Credit Facility Agreement are used for the purposes provided by the Credit Facility Agreement, and upon request, to provide the Bank with satisfactory evidence in respect thereto; (e) ParipassuPari passu: to ensure that its payment obligations under the Financing Documents rank at least paripassu pari passu with the claims of all its other unsecured and unsubordinated creditors, except for obligations mandatorily preferred by law; (f) Environment protection: to comply with all environment protection laws, to obtain, maintain and ensure compliance with all environmental authorizations or other similar permits, to implement the procedures for monitoring the compliance with, and to prevent liability based on, any environment protection law, to the extent any such non-compliance has or is reasonably expected to have a Material Adverse Effect;

Appears in 1 contract

Samples: General Conditions for Credit Facilities

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