Common use of GUARANTOR’S ADDITIONAL OBLIGATIONS Clause in Contracts

GUARANTOR’S ADDITIONAL OBLIGATIONS. 1.1 Guarantor’s additional positive obligations: In addition to the positive obligations provided at Clause 5.1 of Chapter 1 (General Provisions), the Guarantor undertakes and commits to the Bank in relation to each of the Insurances, as follows: (a) to sent to each insurer stipulated in the relevant Mortgage Agreement a notice having the form and content provided in the template notice attached to the relevant Mortgage Agreement and to make that an original copy of the notice confirmation for each of the Insurances, in the form provided in the relevant Mortgage Agreement, signed by such insurance company, is sent to the Bank; (b) if the Bank is appointed as Insurance payee, to determine the introduction of a clause in each of the Insurances whereby the Bank is appointed as sole payee of any and all indemnities and products in case of occurrence of the insured risk, including all the rights whatsoever and the restitutions of premiums, in a form satisfactory for the Bank; the Bank shall apply the amounts thus paid by the insurers for the payment of the Secured Obligations, even if they have not fallen due, according to Article 2405 of the Romanian Civil Code; (c) if the Bank is not appointed as Insurance payee, to ensure the compliance by the insurer of Clause 2.1(f) of the above Chapter 3 (Special Provisions- Movable Mortgage over Bank Accounts) ; (d) to determine the insurer or the member of the relevant insurance company to inform the Bank and the Guarantor (1) on any rescission, termination or amendment of any Insurance, at least 45 (fortyfive) days before such rescission, termination, amendment or expiry has effects, (2) any non- compliance with the obligation to pay the insurance premium, immediately, (3) any expiry by non- renewal of any Insurance and (4) any action or inaction or occurrence of any event of which the insurer is aware and which could invalidate or determine the (total or partial) impossibility to enforce such Insurance, immediately; (e) to submit the original copy of each Insurance and/or, as the case may be, the original copy of the addendum to the Insurance with the Bank, no later than the date of first utilisation from the facility credit, in case of new Insurances or at least 5 (five) days before the expiry date of the Insurance, in case of their renewal; (f) from time to time after the execution of the Mortgage Agreement and the Security Period, as regards any new insurance policies or, as the case may be, in relation to the renewal, expiry, rescission or replacement of any Insurance: (i) within 5 (five) days as of the date of such new insurance or, as the case may be, as of the date of renewal or replacement of such Insurance, to execute an addendum to the Mortgage Agreement in order to include the new insurances in the relevant appendix to the Mortgage Agreement (by sending to the Bank a notice having the form provided in the appropriate appendix to the Mortgage Agreement and an updated list of Insurances having the form provided in the appropriate appendix of the Mortgage Agreement so as to include the new Insurances in the appropriate appendix of the Mortgage Agreement; and (ii) to comply with the requirements provided at Clauses 1.1 (a) - (e) of this Chapter and Clause 3.5 of Chapter 1 (General Provisions).

GUARANTOR’S ADDITIONAL OBLIGATIONS. 1.1 2.1 Guarantor’s additional positive obligations: In addition to the positive obligations provided at Clause 5.1 of Chapter 1 (General ProvisionsGUARANTOR’S OBLIGATIONS), the Guarantor undertakes and commits to the Bank in relation to as regards each of the Insurances, Bank Account as follows: (a) if there are any Bank Accounts opened with other banks than the Bank, to sent to provide each insurer bank stipulated in the appendix to the relevant Mortgage Agreement with a notice (having the form and content provided in the template notice attached to the relevant Mortgage Agreement Agreement) and to make that provide the Bank with an original copy of the notice confirmation for each of the Bank Accounts, signed by the Guarantor and the relevant bank for such Bank Accounts; (b) to dispose of its Bank Accounts as necessary in its ordinary course of business, and, at any rate, only as permitted under the Credit Facility Agreement; (c) authorize the transfer by the Bank (without being necessary a specific consent of the Guarantor at the transfer moment) of the proceeds from the current accounts opened with the Bank and with any credit institution, as per the relevant Mortgage Agreement or from the Collateral Deposit opened with the Bank (as the case may be); (d) unless otherwise specified in these GCS or in the other Financing Documents, to deposit or cause the deposit in the Bank Accounts of all the monetary Products of the Mortgaged Property; (e) all the proceeds resulting from the transfer of the assets included in the Mortgaged Property such as described at Article 2393 of the Romanian Civil Code shall be deposited in a Bank Account which will be at all times encumbered by a Movable Mortgage in favour of the Bank; and (f) all the proceeds resulting (i) from the partial or total indemnity received for the loss of the asset on the basis of any Insurance (in which the Bank is not appointed as exclusive loss payee) resulting from the total or partial destruction of the Mortgaged Property, if the Mortgaged Property also includes Insurances, or (ii) received as compensation in an expropriation for public utility purposes or for limitations of the form ownership right under the law, shall be paid only into the Bank Account provided in the relevant Mortgage Agreement, signed by such insurance company, which is sent available to the Bank; (b) if Bank and will be at all times encumbered by a Movable Mortgage in favour of the Bank is appointed as Insurance payeein accordance with the Credit Facility Agreement and the other Financing Documents. Unless otherwise permitted under the Financing Documents, to determine throughout the introduction of a clause in each Security Period the Guarantor cannot dispose of the Insurances whereby amounts in this Bank Account without the Bank is appointed as sole payee of any and all indemnities and products in case of occurrence of the insured risk, including all the rights whatsoever and the restitutions of premiumsBank’s consent, in a form satisfactory for the Bank; the Bank shall apply the amounts thus paid by the insurers for the payment of the Secured Obligations, even if they have not fallen due, according to accordance with Article 2405 2331 of the Romanian Civil Code;. (cg) if to immediately submit to the Bank, at its request, an updated list (according to the appendix to the relevant Mortgage Agreement) containing the details of the Bank is not appointed as Insurance payeeAccounts. For the avoidance of any doubt, each such updated list shall be considered to ensure the compliance by the insurer of Clause 2.1(f) of the above Chapter 3 (Special Provisions- Movable Mortgage over Bank Accounts) ; (d) to determine the insurer or the member be a part of the relevant insurance company Mortgage Agreement, the new list replacing the previous one, with no need to inform execute an addendum, and having effects as of the Bank and execution date of the Guarantor (1) updated list by the parties’ representatives. The updated list shall be registered with the Electronic Archive on the basis of an amending endorsement, the Mortgage thus extending on any rescission, termination or amendment of any Insurance, at least 45 (fortyfive) days before such rescission, termination, amendment or expiry has effects, (2) any non- compliance with the obligation to pay the insurance premium, immediately, (3) any expiry by non- renewal of any Insurance and (4) any action or inaction or occurrence of any event of which the insurer is aware and which could invalidate or determine the (total or partial) impossibility to enforce such Insurance, immediately; (e) to submit the original copy of each Insurance and/or, as the case may be, the original copy of the addendum to the Insurance with the Bank, no later than new Bank Accounts opened after the date of first utilisation from the facility credit, in case of new Insurances or at least 5 (five) days before the expiry date of the Insurance, in case of their renewal; (f) from time to time after the execution of the Mortgage Agreement and the Security Period, as regards any new insurance policies or, as the case may be, in relation to the renewal, expiry, rescission or replacement of any Insurance: (i) within 5 (five) days as of the date of such new insurance or, as the case may be, as of the date of renewal or replacement of such Insurance, to execute an addendum to the Mortgage Agreement in order to include the new insurances in the relevant appendix to the Mortgage Agreement (by sending to the Bank a notice having the form provided in the appropriate appendix to the Mortgage Agreement and an updated list of Insurances having the form provided in the appropriate appendix of the Mortgage Agreement so as to include the new Insurances in the appropriate appendix of the Mortgage Agreement; and (ii) to comply with the requirements provided at Clauses 1.1 (a) - (e) of this Chapter and Clause 3.5 of Chapter 1 (General Provisions).

GUARANTOR’S ADDITIONAL OBLIGATIONS. 1.1 2.1 Guarantor’s additional positive obligations: In addition to the positive obligations provided at Clause 5.1 of Chapter 1 (General ProvisionsGUARANTOR’S OBLIGATIONS), the Guarantor undertakes and commits to the Bank in relation to as regards each of the Insurances, Bank Account as follows: (a) if there are any Bank Accounts opened with other banks than the Bank, to sent to provide each insurer bank stipulated in the appendix to the relevant Mortgage Agreement with a notice (having the form and content provided in the template notice attached to the relevant Mortgage Agreement Agreement) and to make that provide the Bank with an original copy of the notice confirmation for each of the Bank Accounts, signed by the Guarantor and the relevant bank for such Bank Accounts; (b) to dispose of its Bank Accounts as necessary in its ordinary course of business, and, at any rate, only as permitted under the Credit Facility Agreement; (c) authorize the transfer by the Bank (without being necessary a specific consent of the Guarantor at the transfer moment) of the proceeds from the current accounts opened with the Bank and with any credit institution, as per the relevant Mortgage Agreement or from the Collateral Deposit opened with the Bank (as the case may be); (d) unless otherwise specified in these GCS or in the other Financing Documents, to deposit or cause the deposit in the Bank Accounts of all the monetary Products of the Mortgaged Property; (e) all the proceeds resulting from the transfer of the assets included in the Mortgaged Property such as described at Article 2393 of the Romanian Civil Code shall be deposited in a Bank Account which will be at all times encumbered by a Movable Mortgage in favour of the Bank; and (f) all the proceeds resulting (i) from the partial or total indemnity received for the loss of the asset on the basis of any Insurance (in which the Bank is not appointed as exclusive loss payee) resulting from the total or partial destruction of the Mortgaged Property, if the Mortgaged Property also includes Insurances, or (ii) received as compensation in an expropriation for public utility purposes or for limitations of the form ownership right under the law, shall be paid only into the Bank Account provided in the relevant Mortgage Agreement, signed by such insurance company, which is sent available to the Bank; (b) if Bank and will be at all times encumbered by a Movable Mortgage in favour of the Bank is appointed as Insurance payeein accordance with the Credit Facility Agreement and the other Financing Documents. Unless otherwise permitted under the Financing Documents, to determine throughout the introduction of a clause in each Security Period the Guarantor cannot dispose of the Insurances whereby amounts in this Bank Account without the Bank is appointed as sole payee of any and all indemnities and products in case of occurrence of the insured risk, including all the rights whatsoever and the restitutions of premiumsBank’s consent, in a form satisfactory for the Bank; the Bank shall apply the amounts thus paid by the insurers for the payment of the Secured Obligations, even if they have not fallen due, according to accordance with Article 2405 2331 of the Romanian Civil Code;. (cg) if to immediately submit to the Bank, at its request, an updated list (according to the appendix to the relevant Mortgage Agreement) containing the details of the Bank is not appointed as Insurance payeeAccounts. For the avoidance of any doubt, each such updated list shall be considered to ensure the compliance by the insurer of Clause 2.1(f) of the above Chapter 3 (Special Provisions- Movable Mortgage over Bank Accounts) ; (d) to determine the insurer or the member be a part of the relevant insurance company Mortgage Agreement, the new list replacing the previous one, with no need to inform execute an addendum, and having effects as of the Bank and execution date of the Guarantor (1) updated list by the parties’ representatives. The updated list shall be registered with the Electronic Archive, the Mortgage thus extending on any rescission, termination or amendment new Bank Accounts opened after the date of any Insurance, at least 45 (fortyfive) days before such rescission, termination, amendment or expiry has effects, (2) any non- compliance with the obligation to pay the insurance premium, immediately, (3) any expiry by non- renewal of any Insurance and (4) any action or inaction or occurrence of any event of which the insurer is aware and which could invalidate or determine the (total or partial) impossibility to enforce such Insurance, immediately;relevant Mortgage Agreement. (eh) to submit the original copy account statement of each Insurance and/orthe Collateral Deposit will be issued at the bank’s branches and/or through electronic banking, as the case may be. In case, during the original copy of the addendum to the Insurance with the Bank, no later than the date of first utilisation from the facility credit, in case of new Insurances or at least next 5 (five) days before Business Days after the expiry date transaction in the Collateral Deposit account has been performed, the Guarantor does not communicate to the Bank’s unit where the Collateral Deposit is opened, in writing, the errors or omissions regarding the performed transactions, account balance and operations from the account statement of the InsuranceCollateral Deposit, in case the above shall be considered as implicitly accepted. The above approval does not exclude the Guarantor’s right to dispute any operations from his accounts that he may deem unauthorised or incorrect, including errors/omissions from the account statement within the term provided by the General Terms of their renewal; Business (f) from time to time after as published on the execution Bank’s website xxx.xxx.xx), under the sanction of losing the benefit of the Mortgage Agreement and the Security Periodterm. The dispute will be made in writing, as regards any new insurance policies or, as the case may be, in relation to the renewal, expiry, rescission or replacement of any Insurance: (i) within 5 (five) days as of the date of such new insurance or, as the case may be, as of the date of renewal or replacement of such Insurance, to execute an addendum to the Mortgage Agreement in order to include the new insurances in the relevant appendix to the Mortgage Agreement (by sending to the Bank a notice having the form provided in the appropriate appendix to the Mortgage Agreement and an updated list of Insurances having the form provided in the appropriate appendix of the Mortgage Agreement so as to include the new Insurances in the appropriate appendix of the Mortgage Agreement; and (ii) to comply registered letter with the requirements provided at Clauses 1.1 (a) - (e) of this Chapter and Clause 3.5 of Chapter 1 (General Provisions)receipt confirmation.