Common use of GUARANTOR’S ADDITIONAL POSITIVE OBLIGATIONS Clause in Contracts

GUARANTOR’S ADDITIONAL POSITIVE OBLIGATIONS. 2.1 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 the Goodwill, as follows: (a) to maintain and preserve, in good condition and repair (except for normal wear and tear) and to use with the care of a diligent owner all the goods of which the Goodwill consists or will consist; (b) to deposit the proceeds resulting from the transfer of any element of the Goodwill in accordance with Article 2393 of the Romanian Civil Code into the account opened with the Bank and to inform the Bank thereon. The Guarantor cannot dispose of the amounts collected in this account without the Bank’s prior written consent; (c) to insure the assets of which the Goodwill consists, as listed in the Mortgage Agreement, against all risks for the entire Security Period and to appoint the Bank and sole beneficiary of the rights to be indemnified under the insurance policy and of any other amounts collected as price, value or remedies in relation to the improvements to the immovable assets of which the Goodwill consists; (d) for the purpose of evidence, the Guarantor undertakes to send monthly updated lists with the situation of all the rights and assets which are added to the Goodwill during the previous month. For the avoidance of any doubt, each such updated list shall be considered to be a part of the relevant Mortgage Agreement, the new list replacing the previous one, with no need to execute an addendum between the contractual parties in this respect, and having effects as of the execution date of such updated appendix by the parties’ representatives. For the purpose of evidence, the new situation of the assets which are included in the Guarantor’s Goodwill in the updated appendix (if the case) shall be registered with the publicity registers (Electronic Archive, shareholders’ register, etc.), the Movable Mortgage established under the relevant Mortgage Agreement thus extending on any new assets which will be part of the Guarantor’s Goodwill after the date of the relevant Mortgage Agreement, even in the absence of such further registrations; and not to execute any total or partial lease agreement for the Goodwill or any element thereof throughout the entire Security Period without the Bank’s prior written consent.

GUARANTOR’S ADDITIONAL POSITIVE OBLIGATIONS. 2.1 3.1 In addition to the positive obligations provided at Clause 5.1 of Chapter 1 (General Provisions)) of Chapter 1, the Guarantor undertakes and commits to the Bank in relation to each of the GoodwillReceivables, as follows: (a) to take all the measures in order to maintain and preserve, in good condition and repair (except for normal wear and tear) force and to use with the care of a diligent owner preserve and enforce its rights related to all Receivables, to fulfil all the goods obligations incumbent upon it in relation to them in order to make sure that the amount of which the Goodwill consists or Receivable will consistbe unconditionally due and payable on the due date into the account indicated in the relevant Mortgage Agreement and to enforce all the rights and remedies owed to it on the basis of such Receivables; (b) to deposit make all necessary efforts for the proceeds resulting from the transfer of any element satisfaction of the Goodwill Receivable and for the Mortgagor to pay the Receivable into the account provided in the relevant Mortgage Agreement, also having the duty that, if it sues the Mortgagor for the payment of the Receivable, to bring the Bank as party to the case – being understood that the Bank has the right, but not the obligation to recover in court the amounts which have not been paid by the Mortgagor in accordance with Article 2393 2407 of the Romanian Civil Code into the account opened with the Bank and to inform the Bank thereon. The Guarantor cannot dispose of the amounts collected in this account without the Bank’s prior written consent;Code; and (c) to insure submit to the assets of which Bank an updated list (according to the Goodwill consists, as listed in appendix to the relevant Mortgage Agreement, against all risks for ) containing the entire Security Period and to appoint the Bank and sole beneficiary details of the rights to be indemnified under the insurance policy commercial agreements and of any other amounts collected as pricerelated Receivables, value or remedies in relation to the improvements to the immovable assets of which the Goodwill consists; (d) for the purpose of evidence, the Guarantor undertakes to send monthly updated lists along with the situation of all the rights and assets which are added to the Goodwill during the previous monthrelated securities. For the avoidance of any doubt, each such updated list shall be considered to be a part of the relevant Mortgage Agreement, the new list replacing the previous one, with no need to execute an addendum between the contractual parties in this respectaddendum, and having effects as of the execution date of such the updated appendix list by the parties’ representatives. For the purpose of evidence, the new situation of the assets which are included in the Guarantor’s Goodwill in the The updated appendix (if the case) list shall be registered with the publicity registers (Electronic Archive, shareholders’ register, etc.)Archive on the basis of an amending endorsement, the Movable Mortgage established under the relevant Mortgage Agreement thus extending on any new assets which will be part of Receivables related to the Guarantor’s Goodwill existing agreements and on any Receivables related to the new agreements executed after the date of the relevant Mortgage Agreement, even in the absence of such further registrations; and not to execute any total or partial lease agreement for the Goodwill or any element thereof throughout the entire Security Period without the Bank’s prior written consent.

GUARANTOR’S ADDITIONAL POSITIVE OBLIGATIONS. 2.1 3.1 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 GoodwillReceivables, as follows: (a) to take all the measures in order to maintain and preserve, in good condition and repair (except for normal wear and tear) force and to use with the care of a diligent owner preserve and enforce its rights related to all Receivables, to fulfil all the goods obligations incumbent upon it in relation to them in order to make sure that the amount of which the Goodwill consists or Receivable will consistbe unconditionally due and payable on the due date into the account indicated in the relevant Mortgage Agreement and to enforce all the rights and remedies owed to it on the basis of such Receivables; (b) to deposit make all necessary efforts for the proceeds resulting from the transfer of any element satisfaction of the Goodwill Receivable and for the Mortgagor to pay the Receivable into the account provided in the relevant Mortgage Agreement, also having the duty that, if it sues the Mortgagor for the payment of the Receivable, to bring the Bank as party to the case – being understood that the Bank has the right, but not the obligation to recover in court the amounts which have not been paid by the Mortgagor in accordance with Article 2393 2407 of the Romanian Civil Code into the account opened with the Bank and to inform the Bank thereon. The Guarantor cannot dispose of the amounts collected in this account without the Bank’s prior written consent;Code; and (c) to insure submit to the assets of which Bank an updated list (according to the Goodwill consists, as listed in appendix to the relevant Mortgage Agreement, against all risks for ) containing the entire Security Period and to appoint the Bank and sole beneficiary details of the rights to be indemnified under the insurance policy commercial agreements and of any other amounts collected as pricerelated Receivables, value or remedies in relation to the improvements to the immovable assets of which the Goodwill consists; (d) for the purpose of evidence, the Guarantor undertakes to send monthly updated lists along with the situation of all the rights and assets which are added to the Goodwill during the previous monthrelated securities. For the avoidance of any doubt, each such updated list shall be considered to be a part of the relevant Mortgage Agreement, the new list replacing the previous one, with no need to execute an addendum between the contractual parties in this respectaddendum, and having effects as of the execution date of such the updated appendix list by the parties’ representatives. For the purpose of evidence, the new situation of the assets which are included in the Guarantor’s Goodwill in the The updated appendix (if the case) list shall be registered with the publicity registers (Electronic Archive, shareholders’ register, etc.), the Movable Mortgage established under the relevant Mortgage Agreement thus extending on any new assets which will be part of Receivables related to the Guarantor’s Goodwill existing agreements and on any Receivables related to the new agreements executed after the date of the relevant Mortgage Agreement, even in the absence of such further registrations; and not to execute any total or partial lease agreement for the Goodwill or any element thereof throughout the entire Security Period without the Bank’s prior written consent.