Common use of General Undertakings: Positive Covenants Clause in Contracts

General Undertakings: Positive Covenants. 9.1 The undertakings contained in this Clause 9 shall remain in full force and effect from the date of this Deed until the end of the Security Period. 9.2 The Guarantor will provide to the Agent: 9.2.1 as soon as practicable (and in any event within one hundred and twenty (120) days after the close of each of its financial years) a Certified Copy of its Accounts (commencing with the audited accounts made up to 31 December 2005); 9.2.2 as soon as practicable (and in any event within sixty (60) days after the close of each quarter of each financial year) a copy of the unaudited consolidated accounts of the Guarantor for that quarter (commencing with the unaudited accounts made up to 30 June 2006); 9.2.3 as soon as practicable (and in any event within one hundred and twenty (120) days after the close of each financial year), beginning with the year ending 31 December 2006, annual cash flow projections on a consolidated basis of the Guarantor showing on a monthly basis advance ticket sales (for at least twelve (12) months following the date of such statement) for the Group; and 9.2.4 as soon as practicable (and in any event not later than 31 January of each financial year): (a) a budget for the Group for such new financial year including a twelve (12) month liquidity budget for such new financial year; and (b) updated financial projections of the Group for at least the next five (5) years and an outline of the assumptions supporting such budget and financial projections including but without limitation any scheduled drydrockings; 9.2.5 on the date of this Deed, in the case of the first, on the date falling ninety (90) days before the Intended Delivery Date, in the case of the second, and otherwise as soon as practicable (and in any event within sixty (60) days after the close of each of the first three (3) quarters of its financial year and within one hundred and twenty (120) days after the close of each financial year) a statement signed by the Group’s chief financial officer in the form of Schedule 1 (commencing with the second quarter of the financial year ending 31 December 2006); 9.2.6 promptly, such further information in its possession or control regarding its financial condition and operations and those of any company in the Group, including but without limitation a corporate structure chart for the Group including details of the percentage of the shareholdings held, as the Agent may request for the benefit of the Finance Parties; and 9.2.7 details of any material litigation, arbitration or administrative proceedings which affect any Obligor as soon as the same are instituted and served, or, to the knowledge of the Guarantor, threatened (and for this purpose proceedings shall be deemed to be material if they involve a claim in an amount exceeding [**] million Dollars [**] or the equivalent in another currency).

General Undertakings: Positive Covenants. 9.1 The undertakings contained in this Clause 9 shall remain in full force and effect from the date of this Deed until the end of the Security Period. 9.2 The Guarantor will provide to the Agent: 9.2.1 as soon as practicable (and in any event within one hundred and twenty (120) days after the close of each of its financial years) a Certified Copy of its Accounts (commencing with the audited accounts made up to 31 December 2005); 9.2.2 as soon as practicable (and in any event within sixty (60) days after the close of each quarter of each financial year) a copy of the unaudited consolidated accounts of the Guarantor for that quarter (commencing with the unaudited accounts made up to 30 June 2006); 9.2.3 as soon as practicable (and in any event within one hundred and twenty (120) days after the close of each financial year), beginning with the year ending 31 December 2006, annual cash flow projections on a consolidated basis of the Guarantor showing on a monthly basis advance ticket sales (for at least twelve (12) months following the date of such statement) for the Group; and 9.2.4 as soon as practicable (and in any event not later than 31 January of each financial year): (a) a budget for the Group for such new financial year including a twelve (12) month liquidity budget for such new financial year; and (b) updated financial projections of the Group for at least the next five (5) years and an outline of the assumptions supporting such budget and financial projections including but without limitation any scheduled drydrockings; 9.2.5 on the date of this Deed, in the case of the first, on the date falling ninety (90) days before the Intended Delivery Date, in the case of the second, and otherwise as soon as practicable (and in any event within sixty (60) days after the close of each of the first three (3) quarters of its financial year and within one hundred and twenty (120) days after the close of each financial year) a statement signed by the Group’s chief financial officer in the form of Schedule 1 (commencing with the second quarter of the financial year ending 31 December 2006); 9.2.6 promptly, such further information in its possession or control regarding its financial condition and operations and those of any company in the Group, including but without limitation a corporate structure chart for the Group including details of the percentage of the shareholdings held, as the Agent may request for the benefit of the Finance Parties; and 9.2.7 details of any material litigation, arbitration or administrative proceedings which affect any Obligor as soon as the same are instituted and served, or, to the knowledge of the Guarantor, threatened (and for this purpose proceedings shall be deemed to be material if they involve a claim in an amount exceeding [**] million Dollars [**] or the equivalent in another currency).

General Undertakings: Positive Covenants. 9.1 The undertakings contained in this Clause 9 shall remain in full force and effect from the date of this Deed until the end of the Security Period. 9.2 The Guarantor will provide to the Agent: 9.2.1 as soon as practicable (and in any event within one hundred and twenty (120) days after the close of each of its financial years) a Certified Copy of its Accounts (commencing with the audited accounts made up to 31 December 2005); 9.2.2 as soon as practicable (and in any event within sixty (60) days after the close of each quarter of each financial year) a copy of the unaudited consolidated accounts of the Guarantor for that quarter (commencing with the unaudited accounts made up to 30 June 2006); 9.2.3 as soon as practicable (and in any event within one hundred and twenty (120) days after the close of each financial year), beginning with the year ending 31 December 2006, annual cash flow projections on a consolidated basis of the Guarantor showing on a monthly basis advance ticket sales (for at least twelve (12) months following the date of such statement) for the Group; and 9.2.4 as soon as practicable (and in any event not later than 31 January of each financial year): (a) a budget for the Group for such new financial year including a twelve (12) month liquidity budget for such new financial year; and (b) updated financial projections of the Group for at least the next five (5) years and an outline of the assumptions supporting such budget and financial projections including but without limitation any scheduled drydrockings; 9.2.5 on the date of this Deed, in the case of the first, on the date falling ninety (90) days before the Intended Delivery Date, in the case of the second, and otherwise as soon as practicable (and in any event within sixty (60) days after the close of each of the first three (3) quarters of its financial year and within one hundred and twenty (120) days after the close of each financial year) a statement signed by the Group’s chief financial officer in the form of Schedule 1 (commencing with the second quarter of the financial year ending 31 December 2006); 9.2.6 promptly, such further information in its possession or control regarding its financial condition and operations and those of any company in the Group, including but without limitation a corporate structure chart for the Group including details of the percentage of the shareholdings held, as the Agent may request for the benefit of the Finance Parties; and 9.2.7 details of any material litigation, arbitration or administrative proceedings which affect any Obligor as soon as the same are instituted and served, or, to the knowledge of the Guarantor, threatened (and for this purpose proceedings shall be deemed to be material if they involve a claim in an amount exceeding [**] million [Confidential Treatment] Dollars [**] [Confidential Treatment] or the equivalent in another currency).

General Undertakings: Positive Covenants. 9.1 The undertakings contained in this Clause 9 shall remain in full force and effect from the date of this Deed until the end of the Security Period. 9.2 The Guarantor will provide to the Agent: 9.2.1 as soon as practicable (and in any event within one hundred and twenty (120) days after the close of each of its financial years) a Certified Copy of its Accounts (commencing with the audited accounts made up to 31 December 2005); 9.2.2 as soon as practicable (and in any event within sixty (60) days after the close of each quarter of each financial year) a copy of the unaudited consolidated accounts of the Guarantor for that quarter (commencing with the unaudited accounts made up to 30 June 2006); 9.2.3 as soon as practicable (and in any event within one hundred and twenty (120) days after the close of each financial year), beginning with the year ending 31 December 2006, annual cash flow projections on a consolidated basis of the Guarantor showing on a monthly basis advance ticket sales (for at least twelve (12) months following the date of such statement) for the Group; and 9.2.4 as soon as practicable (and in any event not later than 31 January of each financial year): (a) a budget for the Group for such new financial year including a twelve (12) month liquidity budget for such new financial year; and (b) updated financial projections of the Group for at least the next five (5) years (including an income statement and an outline of the assumptions supporting such budget and financial projections including but without limitation any scheduled drydrockings; 9.2.5 on the date of this Deed, in the case of the first, on the date falling ninety (90) days before the Intended Delivery Date, in the case of the second, and otherwise as soon as practicable (and in any event within sixty (60) days after the close of each of quarterly break downs for the first three of these five (35) quarters of its financial year and within one hundred and twenty (120) days after the close of each financial year) a statement signed by the Group’s chief financial officer in the form of Schedule 1 (commencing with the second quarter of the financial year ending 31 December 2006years); 9.2.6 promptly, such further information in its possession or control regarding its financial condition and operations and those of any company in the Group, including but without limitation a corporate structure chart for the Group including details of the percentage of the shareholdings held, as the Agent may request for the benefit of the Finance Parties; and 9.2.7 details of any material litigation, arbitration or administrative proceedings which affect any Obligor as soon as the same are instituted and served, or, to the knowledge of the Guarantor, threatened (and for this purpose proceedings shall be deemed to be material if they involve a claim in an amount exceeding [**] million Dollars [**] or the equivalent in another currency).,

General Undertakings: Positive Covenants. 9.1 The undertakings contained in this Clause 9 shall remain in full force and effect from the date of this Deed until the end of the Security Period. 9.2 The Guarantor will provide to the Agent: 9.2.1 as soon as practicable (and in any event within one hundred and twenty (120) days after the close of each of its financial years) a Certified Copy of its Accounts (commencing with the audited accounts made up to 31 December 2005); 9.2.2 as soon as practicable (and in any event within sixty (60) days after the close of each quarter of each financial year) a copy of the unaudited consolidated accounts of the Guarantor for that quarter (commencing with the unaudited accounts made up to 30 June 2006); 9.2.3 as soon as practicable (and in any event within one hundred and twenty (120) days after the close of each financial year), beginning with the year ending 31 December 2006, annual cash flow projections on a consolidated basis of the Guarantor showing on a monthly basis advance ticket sales (for at least twelve (12) months following the date of such statement) for the Group; and 9.2.4 as soon as practicable (and in any event not later than 31 January of each financial year): (a) a budget for the Group for such new financial year including a twelve (12) month liquidity budget for such new financial year; and (b) updated financial projections of the Group for at least the next five (5) years and an outline of the assumptions supporting such budget and financial projections including but without limitation any scheduled drydrockings; 9.2.5 on the date of this Deed, in the case of the first, on the date falling ninety (90) days before the Intended Delivery Date, in the case of the second, and otherwise as soon as practicable (and in any event within sixty (60) days after the close of each of the first three (3) quarters of its financial year and within one hundred and twenty (120) days after the close of each financial year) a statement signed by the Group’s chief financial officer in the form of Schedule 1 (commencing with the second quarter of the financial year ending 31 December 2006); 9.2.6 promptly, such further information in its possession or control regarding its financial condition and operations and those of any company in the Group, including but without limitation a corporate structure chart for the Group including details of the percentage of the shareholdings held, as the Agent may request for the benefit of the Finance Parties; and 9.2.7 details of any material litigation, arbitration or administrative proceedings which affect any Obligor as soon as the same are instituted and served, or, to the knowledge of the Guarantor, threatened (and for this purpose proceedings shall be deemed to be material if they involve a claim in an amount exceeding [**] [Confidential Treatment] million Dollars [**] [Confidential Treatment] or the equivalent in another currency).