Common use of Information Concerning the Borrower Clause in Contracts

Information Concerning the Borrower. The Borrower shall: (a) deliver to the Bank: (i) as soon as they become available but in any event within 150 days after the end of each of its and the Guarantor's financial years, its and the Guarantor's audited financial statements for that financial year (consolidated in the case of the Guarantor and, in the case of the Borrower, consolidated or unconsolidated); (ii) as soon as they become available but in any event within 90 days after each Calculation Date, its and the Guarantor's consolidated management accounts showing their respective financial performance for the financial year-to-date on such Calculation Date; (iii) together with each set of financial statements and management accounts delivered pursuant to Article 8.02(a)(i) or 8.02(a)(ii), a Compliance Certificate setting out (in reasonable detail) computations as to compliance with Article 6.14 as at the date when those financial statements were drawn up, such Compliance Certificate to be signed by two directors of the Borrower (or, failing that, by one director of the Borrower and the finance director or the treasurer or the investor reporting manager or the financial controller or the company secretary of the Borrower); (iv) promptly upon request by the Bank, a certificate signed by two of its directors certifying that no Default is continuing (or, if a Default is continuing, specifying the Default and the steps, if any, being taken to remedy it); and (v) from time to time, such further information on the general financial condition, business and operations of the Borrower, of any member of the Group and of the Guarantor as the Bank may reasonably require; (b) ensure that its accounting records fully reflect the operations relating to the financing, execution and operation of the Project; and (c) inform the Bank promptly of: (i) any material alteration to its constitutional documents or shareholding structure after the date of this Contract; (ii) any fact which obliges it to prepay any Financial Indebtedness or any EU funding; (iii) any event or decision that constitutes or may result in any Compulsory Prepayment Event or of its belief or, as the case may be, reasonable grounds for belief that such an event has occurred or is likely to occur; (iv) any intention on its part to grant any Security over any of its assets in favour of a third party; (v) any intention on its part to relinquish ownership of any material component of the Project; (vi) any fact or event that is reasonably likely to prevent the substantial fulfilment of any obligation of the Borrower under this Contract; (vii) any Default or Material Adverse Change having occurred or being threatened or anticipated and the steps, if any, being taken to remedy it; (viii) any proposed material changes to the Licence and, as soon as reasonably available, provide to the Bank a certified copy of any amendments or modifications to the Licence or replacement thereof; or (ix) any litigation, arbitration or administrative proceedings or investigation which is current, threatened or pending which might if adversely determined result in a Material Adverse Change.

Information Concerning the Borrower. The Borrower shall: (a) The Borrower shall deliver to the Bank: (i) as soon as they become available but in any event within 150 180 (one hundred and eighty) days after the end of each of its financial years its audited consolidated and the Guarantor's financial yearsunconsolidated annual report, its balance sheet, cash flow statement, profit and the Guarantor's audited financial statements loss account and auditors report for that financial year (consolidated in the case of the Guarantor and, in the case together with a Compliance Certificate signed by a legal representative of the Borrower, consolidated or unconsolidated); (ii) as soon as they become available but in any event within 90 120 (one hundred and twenty days) days after the end of each Calculation Dateof the relevant accounting periods its interim consolidated and unconsolidated semi-annual report, its balance sheet, profit and the Guarantor's consolidated management accounts showing their respective financial performance loss account and cash flow statement for the first half-year of each of its financial year-to-date on such Calculation Dateyears together with a Compliance Certificate signed by a legal representative of the Borrower; (iii) together with as soon as they become available but in any event within 45 (forty five) days after the end of each set of financial statements relevant period its liquidity forecast for the next 12 (twelve) months on a rolling basis, in form and management accounts delivered pursuant substance satisfactory to Article 8.02(a)(i) or 8.02(a)(ii), a Compliance Certificate setting out (in reasonable detail) computations as to compliance with Article 6.14 as at the date when those financial statements were drawn up, such Compliance Certificate to be signed by two directors of the Borrower (or, failing that, by one director of the Borrower and the finance director or the treasurer or the investor reporting manager or the financial controller or the company secretary of the Borrower)Bank; (iv) promptly upon request by such further information, evidence or document concerning its general financial situation or such certificates of compliance with the undertakings of Article 7 (Borrower undertakings and representations) as the Bank may deem necessary or may reasonably require to be provided within a reasonable time; (v) any such further information, evidence or document concerning the compliance with the due diligence requirements of the Bank, including, but not limited to “know your customer” (KYC) or similar identification procedures, when requested and within a certificate signed by two of its directors certifying that no Default is continuing (or, if a Default is continuing, specifying the Default and the steps, if any, being taken to remedy it)reasonable time; and (vvi) from time to time, such further information, evidence or document concerning the factual information on or documents provided to the general financial conditionBank for the purposes of entering into this Contract, business and operations of the Borrower, of any member of the Group and of the Guarantor as the Bank may reasonably require;deem necessary or may require to be provided within a reasonable time. (b) ensure that its accounting records fully reflect the operations relating to the financing, execution and operation of the Project; and (c) The Borrower shall inform the Bank promptly immediately of: (i) any material alteration to its constitutional documents or shareholding structure after the date of this Contract; (ii) any fact which obliges it to prepay any Financial Indebtedness or any EU funding; (iii) any event or decision that constitutes or may result in any Compulsory Prepayment Event or of its belief or, as the case may be, reasonable grounds for belief that such an event has occurred or is likely to occur; (iv) any intention on its part to grant any Security over any of its assets in favour of a third party; (v) any intention on its part to relinquish ownership of any material component of the Project; (vi) any fact or event that is reasonably likely to prevent the substantial fulfilment of any obligation of the Borrower under this Contract; (vii) any Default or Material Adverse Change Event of Default having occurred or being threatened or anticipated and the steps, if any, being taken to remedy itanticipated; (viiiii) any proposed material changes to the Licence andextent permitted by law, as soon as reasonably available, provide to the Bank a certified copy of any amendments or modifications to the Licence or replacement thereof; or (ix) any material litigation, arbitration or arbitration, administrative proceedings or investigation which carried out by a court, administration or similar public authority, which, to the best of its knowledge and belief is current, threatened or pending pending: (1) against the Borrower or its Controlling entities or members of the Borrower’s management bodies in connection with Illegal Activities related to the Loan or the Investment; or (2) which might if adversely determined result in a Material Adverse Change; (iii) any measure taken by the Borrower pursuant to Paragraph 6 (Integrity) of Schedule H (General Undertakings); (iv) any Change in the Beneficial Ownership of the Borrower; (v) any Voluntary Non EIB Prepayment that has occurred or is likely to occur; and (vi) any claim, action, proceeding, formal notice or investigation relating to any Sanctions concerning a Group Company or any Relevant Person.

Information Concerning the Borrower. The Borrower shall: (a) The Borrower shall deliver to the Bank:: \\1076678 0000-0000-0000 v7 Hogan Lovells (i) as soon as they become available but in any event within 150 120 days after the end of each of its Financial Years (and for the Guarantor's financial yearsFinancial Year ending on 31 December 2019, 120 days after the end of this Financial Year) its audited consolidated and unconsolidated annual report, balance sheet, cash flow statement, profit and loss account and auditors report for that Financial Year. The Borrower shall ensure that a statement for the Guarantor's Net Sales amount to be received by the Bank is included in the latest audited consolidated financial statements for that financial year (consolidated in signed off by the case of the Guarantor and, in the case of the Borrower, consolidated or unconsolidated)auditors; (ii) as soon as they become available but in any event within 90 60 days after the end of each Calculation Dateof the relevant accounting periods its interim consolidated and unconsolidated semi-annual report, its balance sheet, profit and the Guarantor's consolidated management accounts showing their respective financial performance loss account and cash flow statement for the financial yearfirst half-to-date on such Calculation Dateyear of each of its Financial Years; (iii) as soon as they become available but in any event within 45 days after the end of each quarter, its quarterly consolidated and unconsolidated quarterly report, balance sheet, profit and loss account and cash flow statement for each quarter of each of its Financial Years together with each set of financial statements and management accounts delivered pursuant to Article 8.02(a)(i) or 8.02(a)(ii), a Compliance Certificate setting out (in reasonable detail) computations as to compliance with Article 6.14 as at the date when those financial statements were drawn up, such Compliance Certificate to be signed by two directors of the Borrower (or, failing that, by one director of the Borrower and the finance director or the treasurer or the investor reporting manager or the financial controller or the company secretary legal representative of the Borrower); (iv) promptly upon request by the Bank, a certificate signed by two of its directors certifying that no Default is continuing (or, if a Default is continuing, specifying the Default and the steps, if any, being taken to remedy it); and (v) from time to time, such further information on the information, evidence or document concerning its general financial condition, business situation or such certificates of compliance with the undertakings of Article 7 (Borrower undertakings and operations representations) the factual information or documents provided to the Bank for the purposes of the Borrower, of any member of the Group and of the Guarantor entering into this Contract as the Bank may deem necessary or may reasonably requirerequire to be provided within a reasonable time; and (v) any such information or further document concerning customer due diligence matters of, or for, the Borrower to comply with “Know your customer” (KYC) or similar identification procedures as the Bank may deem necessary or may reasonably require to be provided within a time; (b) ensure that its accounting records fully reflect the operations relating to the financing, execution and operation of the Project; and (c) The Borrower shall inform the Bank promptly immediately of: (i) any material alteration to its constitutional documents Event of Default having occurred or shareholding structure after the date of this Contractbeing threatened; (ii) any fact which obliges it to prepay any Financial Indebtedness or any EU funding; (iii) any event or decision that constitutes or may result in any Compulsory Prepayment Event or of its belief orthe extent permitted by law, as the case may be, reasonable grounds for belief that such an event has occurred or is likely to occur; (iv) any intention on its part to grant any Security over any of its assets in favour of a third party; (v) any intention on its part to relinquish ownership of any material component of the Project; (vi) any fact or event that is reasonably likely to prevent the substantial fulfilment of any obligation of the Borrower under this Contract; (vii) any Default or Material Adverse Change having occurred or being threatened or anticipated and the steps, if any, being taken to remedy it; (viii) any proposed material changes to the Licence and, as soon as reasonably available, provide to the Bank a certified copy of any amendments or modifications to the Licence or replacement thereof; or (ix) any litigation, arbitration or arbitration, administrative proceedings or investigation which carried out by a court, administration or similar public authority, which, to the best of its knowledge and belief is current, threatened or pending which might if adversely determined result in a Material Adverse Change.pending:

Information Concerning the Borrower. The Borrower shall: (a) The Borrower shall deliver to the Bank: (i) as soon as they become available but in any event within 150 180 (one hundred and eighty) days after the end of each of its financial years its audited consolidated and the Guarantor's financial yearsunconsolidated annual report, its balance sheet, cash flow statement, profit and the Guarantor's audited financial statements loss account and auditors report for that financial year (consolidated in the case of the Guarantor and, in the case together with a Compliance Certificate signed by a legal representative of the Borrower, consolidated or unconsolidated); (ii) as soon as they become available but in any event within 90 120 (one hundred and twenty days) days after the end of each Calculation Dateof the relevant accounting periods its interim consolidated and unconsolidated semi-annual report, its balance sheet, profit and the Guarantor's consolidated management accounts showing their respective financial performance loss account and cash flow statement for the first half-year of each of its financial year-to-date on such Calculation Dateyears together with a Compliance Certificate signed by a legal representative of the Borrower; (iii) together with as soon as they become available but in any event within 30 (thirty) days after the end of each set of financial statements relevant period its liquidity forecast for the next 12 (twelve) months on a rolling basis, in form and management accounts delivered pursuant substance satisfactory to Article 8.02(a)(i) or 8.02(a)(ii), a Compliance Certificate setting out (in reasonable detail) computations as to compliance with Article 6.14 as at the date when those financial statements were drawn up, such Compliance Certificate to be signed by two directors of the Borrower (or, failing that, by one director of the Borrower and the finance director or the treasurer or the investor reporting manager or the financial controller or the company secretary of the Borrower)Bank; (iv) promptly upon request by such further information, evidence or document concerning its general financial situation or such certificates of compliance with the undertakings of Article 7 (Borrower undertakings and representations) as the Bank may deem necessary or may reasonably require to be provided within a reasonable time; (v) any such further information, evidence or document concerning the compliance with the due diligence requirements of the Bank, including, but not limited to “know your customer” (KYC) or similar identification procedures, when requested and within a certificate signed by two of its directors certifying that no Default is continuing (or, if a Default is continuing, specifying the Default and the steps, if any, being taken to remedy it)reasonable time; and (vvi) from time to time, such further information, evidence or document concerning the factual information on or documents provided to the general financial conditionBank for the purposes of entering into this Contract, business and operations of the Borrower, of any member of the Group and of the Guarantor as the Bank may reasonably require;deem necessary or may require to be provided within a reasonable time. (b) ensure that its accounting records fully reflect the operations relating to the financing, execution and operation of the Project; and (c) The Borrower shall inform the Bank promptly immediately of: (i) any material alteration to its constitutional documents or shareholding structure after the date of this Contract; (ii) any fact which obliges it to prepay any Financial Indebtedness or any EU funding; (iii) any event or decision that constitutes or may result in any Compulsory Prepayment Event or of its belief or, as the case may be, reasonable grounds for belief that such an event has occurred or is likely to occur; (iv) any intention on its part to grant any Security over any of its assets in favour of a third party; (v) any intention on its part to relinquish ownership of any material component of the Project; (vi) any fact or event that is reasonably likely to prevent the substantial fulfilment of any obligation of the Borrower under this Contract; (vii) any Default or Material Adverse Change Event of Default having occurred or being threatened or anticipated and the steps, if any, being taken to remedy itanticipated; (viiiii) any proposed material changes to the Licence andextent permitted by law, as soon as reasonably available, provide to the Bank a certified copy of any amendments or modifications to the Licence or replacement thereof; or (ix) any material litigation, arbitration or arbitration, administrative proceedings or investigation which carried out by a court, administration or similar public authority, which, to the best of its knowledge and belief is current, threatened or pending pending: (1) against the Borrower or its Controlling entities or members of the Borrower's management bodies in connection with Illegal Activities related to the Loan or the Investment; or (2) which might if adversely determined result in a Material Adverse Change; (iii) any measure taken by the Borrower pursuant to Paragraph 6 (Integrity) of Schedule H (General Undertakings); (iv) any Change in the Beneficial Ownership of the Borrower; (v) any Voluntary Non EIB Prepayment that has occurred or is likely to occur; and (vi) any claim, action, proceeding, formal notice or investigation relating to any Sanctions concerning a Group Company or any Relevant Person.

Information Concerning the Borrower. The Borrower shall: (a) deliver to the Bank: (i) as soon as they become available but in any event within 150 180 days after the end of each of its and financial years the Guarantor's financial years, its and the GuarantorGroup's audited financial statements consolidated annual report, balance sheet, profit and loss account and auditors report for that financial year (consolidated in year, and the case of the Guarantor andunconsolidated annual report, in the case balance sheet, profit and loss account of the Borrower, consolidated or unconsolidated)together with a Compliance Certificate as set out in Schedule D.2 signed by two directors; (ii) as soon as they become publicly available but in any event within 90 120 days after the end of each Calculation Date, its and of the Guarantorrelevant accounting periods the Group's consolidated management accounts showing their respective financial performance and Borrower's unconsolidated semi-annual or quarterly reports, balance sheet and profit and loss account for the first half-year or each of the first three quarters of each of its financial year-to-date on such Calculation Dateyears together with a Compliance Certificate as set out in Schedule D.2 signed by two directors; (iii) together with on each set of financial statements Accounting Reference Date and management accounts delivered pursuant on each date falling six months after an Accounting Reference Date updates in form and substance satisfactory to Article 8.02(a)(ithe Bank on (1) or 8.02(a)(ii), a Compliance Certificate setting out all regulatory approvals relating to the Unyvero platform and cartridges; (in reasonable detail2) computations as to compliance with Article 6.14 as at the date when those financial statements were drawn up, such Compliance Certificate to be signed by two directors placements of the Borrower Unyvero platform; and (or, failing that, by one director 3) financial performance of the Borrower and Group compared to the finance director or the treasurer or the investor reporting manager or the financial controller or the company secretary of the Borrower); (iv) promptly upon request by the Bank, a certificate signed by two of its directors certifying that no Default is continuing (or, if a Default is continuing, specifying the Default and the steps, if any, being taken to remedy it)budget; and (viv) from time to time, such further information on the its general financial condition, business and operations of the Borrower, of any member of the Group and of the Guarantor situation as the Bank may reasonably require;require or such certificates of compliance with the undertakings of Article 6 as the Bank may reasonably deem necessary; and (b) ensure that its accounting records fully reflect the operations relating to the financing, execution and operation of the Project; and (c) inform the Bank promptly immediately of: (i) any material alteration to its constitutional documents or shareholding structure and of any change of ownership of 5% or more of its shares after the date of this Contract; (ii) any fact which obliges it to prepay any Financial Indebtedness financial indebtedness or any EU European Union funding; (iii) any event or decision that constitutes or may result in any Compulsory a Prepayment Event or of its belief or, as the case may be, reasonable grounds for belief that such an event has occurred or is likely to occurEvent; (iv) any intention on its part to grant any Security security over any of its assets in favour of a third partyparty except for those cases not prohibited by this Contract; (v) any intention on its part to relinquish ownership of any material component of the Project; (vi) any fact or event that is reasonably likely to prevent the substantial fulfilment of any obligation of the Borrower under this Contract; (vii) any Default or Material Adverse Change event listed in Article 10.01 having occurred or being threatened or anticipated and the steps, if any, being taken to remedy itanticipated; (viii) any proposed material changes to investigations concerning the Licence andintegrity of the members of the Borrower's Managing Directors, as soon as reasonably available, provide to the Bank a certified copy of any amendments other administrative body or modifications to the Licence or replacement thereof; ormanagers; (ix) to the extent permitted by law, any material litigation, arbitration, administrative proceedings or investigation carried out by a court, administration or similar public authority, which, to the best of its knowledge and belief, is current, imminent or pending against the Borrower or its controlling entities or members of the Borrower's management bodies in connection with Illegal Activities related to the Loan and/or the Project; (x) any measure taken by the Borrower pursuant to Article 6.05(f) of this Contract; (xi) any litigation, arbitration or administrative proceedings or investigation which is current, threatened or pending and which might if adversely determined is reasonably likely to result in a Material Adverse Change; or (xii) any Change in the Beneficial Ownership of the Borrower.

Information Concerning the Borrower. The Borrower shall: (a) deliver to the Bank: (i) as soon as they become available but in any event within 150 180 days after the end of each of its and financial years the Guarantor's financial years’s audited consolidated annual report, its balance sheet, profit and the Guarantor's audited financial statements loss account and auditors report for that financial year (consolidated in the case of the Guarantor andyear, in the case of and the Borrower’s unaudited annual report, consolidated or unconsolidated);balance sheet, profit and loss account, together with a Compliance Certificate as set out in Schedule E.2 signed by two directors confirming compliance by the Borrower with the covenants pursuant to Article 6.10A and with evidence of such compliance and related calculations; and (ii) as soon as they become publicly available but in any event within 90 days after the end of each Calculation Date, its of the relevant accounting periods the Guarantor’s and the Guarantor's Borrower’s interim consolidated management accounts showing their respective financial performance and unconsolidated semi-annual report, balance sheet and profit and loss account for the first half-year of each of its financial year-to-date on years together with a Compliance Certificate as set out in Schedule E.2 signed by two directors confirming compliance by the Borrower with the covenants pursuant to Article 6.10A and with evidence of such Calculation Datecompliance and related calculations; (iii) together with as soon as they become publicly available but in any event within 45 days after the end of each set of financial statements and management accounts delivered pursuant to Article 8.02(a)(i) or 8.02(a)(ii), a Compliance Certificate setting out (in reasonable detail) computations as to compliance with Article 6.14 as at the date when those financial statements were drawn up, such Compliance Certificate to be signed by two directors of the Borrower (or, failing that, by one director of relevant accounting periods the Borrower Guarantor’s and the finance director or Borrower’s interim consolidated and unconsolidated quarterly reports, balance sheet and profit and loss account for the treasurer or first and the investor reporting manager or the third quarter of each of its financial controller or the company secretary of the Borrower)years; (iv) promptly upon request by as soon as they are delivered to the BankBoard of Directors, the monthly management accounts as delivered to the Board of Directors on a certificate signed by two monthly basis; (v) as soon as they are delivered to the Board of its directors certifying that no Default is continuing (orDirectors, if a Default is continuing, specifying the Default and annual budgets delivered to the steps, if any, being taken to remedy it)Board of Directors on an annual basis; and (vvi) from time to time, such further information on the its general financial condition, business and operations of the Borrower, of any member of the Group and of the Guarantor situation as the Bank may reasonably require;require or such certificates of compliance with the undertakings of Article 6 as the Bank may deem necessary; and (b) ensure that its accounting records fully reflect the operations relating to the financing, execution and operation of the Project; and (c) inform the Bank promptly immediately of: (i) any material alteration to its the constitutional documents (as applicable) or shareholding structure of the Borrower or the Guarantor and of any change of ownership of 5% or more of the Borrower shares after the date of this Contract; (ii) any fact which obliges it to prepay any Financial Indebtedness financial indebtedness or any EU European Union funding; (iii) any event or decision that constitutes or may result in any Compulsory a Prepayment Event or of its belief or, as the case may be, reasonable grounds for belief that such an event has occurred or is likely to occurEvent; (iv) any intention on its part to grant any Security security over any of its assets in favour of a third party; (v) any intention on its part to relinquish ownership of any material component of the Project; (vi) any fact or event that is reasonably likely to prevent the substantial fulfilment of any obligation of the Borrower under this Contract; (vii) any Default or Material Adverse Change event listed in Article 10.01 having occurred or being threatened or anticipated and the steps, if any, being taken to remedy itanticipated; (viii) any proposed material changes to investigations concerning the Licence and, as soon as reasonably available, provide to integrity of the Bank a certified copy members of any amendments the Borrower’s Board of Directors or modifications to the Licence or replacement thereofmanagers; or (ix) to the extent permitted by law, any material litigation, arbitration, administrative proceedings or investigation carried out by a court, administration or similar public authority, which, to the best of its knowledge and belief, is current, imminent or pending against the Borrower or its controlling entities or members of the Borrower’s management bodies in connection with Criminal Offences related to the Loan or the Project; and (x) any litigation, arbitration or administrative proceedings or investigation which is current, threatened or pending and which might if adversely determined result in a Material Adverse Change.

Information Concerning the Borrower. The Borrower shall: (a) deliver to the Bank: (i) as soon as they become available but in any event within 150 days after the end of each of its and the Guarantor's ’s financial years, its and the Guarantor's ’s audited financial statements for that financial year (consolidated in the case of the Guarantor and, in the case of the Borrower, consolidated or unconsolidated); (ii) as soon as they become available but in any event within 90 days after each Calculation Date, its and the Guarantor's consolidated management accounts showing their respective financial performance for the financial year-to-date on such Calculation Date; (iii) together with each set of financial statements and management accounts delivered pursuant to Article 8.02(a)(i) or 8.02(a)(ii), a Compliance Certificate setting out (in reasonable detail) computations as to compliance with Article 6.14 as at the date when those financial statements were drawn up, such Compliance Certificate to be signed by two directors of the Borrower (or, failing that, by one director of the Borrower and the finance director or the treasurer or the investor reporting manager or the financial controller or the company secretary of the Borrower); (iv) promptly upon request by the Bank, a certificate signed by two of its directors certifying that no Default is continuing (or, if a Default is continuing, specifying the Default and the steps, if any, being taken to remedy it); and (v) from time to time, such further information on the general financial condition, business and operations of the Borrower, of any member of the Group and of the Guarantor as the Bank may reasonably require; (b) ensure that its accounting records fully reflect the operations relating to the financing, execution and operation of the Project; and (c) inform the Bank promptly of: (i) any material alteration to its constitutional documents or shareholding structure after the date of this Contract; (ii) any fact which obliges it to prepay any Financial Indebtedness or any EU funding; (iii) any event or decision that constitutes or may result in any Compulsory Prepayment Event or of its belief or, as the case may be, reasonable grounds for belief that such an event has occurred or is likely to occur; (iv) any intention on its part to grant any Security over any of its assets in favour of a third party; (v) any intention on its part to relinquish ownership of any material component of the Project; (vi) any fact or event that is reasonably likely to prevent the substantial fulfilment of any obligation of the Borrower under this Contract; (vii) any Default or Material Adverse Change having occurred or being threatened or anticipated and the steps, if any, being taken to remedy it; (viii) any proposed material changes to the Licence and, as soon as reasonably available, provide to the Bank a certified copy of any amendments or modifications to the Licence or replacement thereof; or; (ix) any material dispute with the Authority and any allegation of the Authority of material non-compliance with applicable law, regulation and the terms of the License; (x) the commencement of any proceedings and the giving of any notice regarding the termination or revocation of the Licence; (xi) any Energy Administration Order, any Enforcement Order and any other material regulatory notices or orders. (xii) any litigation, arbitration or administrative proceedings or investigation which is current, threatened or pending which might if adversely determined result in a Material Adverse Change; (xiii) any investigations concerning the integrity of the members of the Borrower’s board of directors; (xiv) to the extent permitted by law, any material litigation, arbitration, administrative proceedings or investigation carried out by a court, administration or similar public authority, which, to the best of its knowledge and belief, is current, imminent or pending against the Borrower or its controlling entities or members of the Borrower’s board of directors in connection with Criminal Offences related to the Loan or the Project; (xv) any measure taken by the Borrower pursuant to Article 6.05(f) of this Contract.

Information Concerning the Borrower. The Borrower shall: (a) deliver to the Bank: (i) as soon as they become available but in any event within 150 180 days after the end of each of its financial years the Group’s audited consolidated annual report, balance sheet, profit and the Guarantor's financial years, its loss account and the Guarantor's audited financial statements auditors report for that financial year (consolidated in year, and the case of the Guarantor andunconsolidated annual report, in the case balance sheet, profit and loss account of the Borrower, consolidated or unconsolidated)together with a Compliance Certificate as set out in Schedule D.2 signed by two directors; (ii) as soon as they become publicly available but in any event within 90 120 days after the end of each Calculation Dateof the relevant accounting periods the Group’s consolidated and Borrower’s unconsolidated semi-annual or quarterly reports, its balance sheet and the Guarantor's consolidated management accounts showing their respective financial performance profit and loss account for the first half-year or each of the first three quarters of each of its financial year-to-date on such Calculation Dateyears together with a Compliance Certificate as set out in Schedule D.2 signed by two directors; (iii) together with on each set of financial statements Accounting Reference Date and management accounts delivered pursuant on each date falling six months after an Accounting Reference Date updates in form and substance satisfactory to Article 8.02(a)(ithe Bank on (1) or 8.02(a)(ii), a Compliance Certificate setting out all regulatory approvals relating to the Unyvero platform and cartridges; (in reasonable detail2) computations as to compliance with Article 6.14 as at the date when those financial statements were drawn up, such Compliance Certificate to be signed by two directors placements of the Borrower Unyvero platform; and (or, failing that, by one director 3) financial performance of the Borrower and Group compared to the finance director or the treasurer or the investor reporting manager or the financial controller or the company secretary of the Borrower); (iv) promptly upon request by the Bank, a certificate signed by two of its directors certifying that no Default is continuing (or, if a Default is continuing, specifying the Default and the steps, if any, being taken to remedy it)budget; and (viv) from time to time, such further information on the its general financial condition, business and operations of the Borrower, of any member of the Group and of the Guarantor situation as the Bank may reasonably require;require or such certificates of compliance with the undertakings of Article 6 as the Bank may reasonably deem necessary; and (b) ensure that its accounting records fully reflect the operations relating to the financing, execution and operation of the Project; and (c) inform the Bank promptly immediately of: (i) any material alteration to its constitutional documents or shareholding structure and of any change of ownership of 5% or more of its shares after the date of this Contract; (ii) any fact which obliges it to prepay any Financial Indebtedness financial indebtedness or any EU European Union funding; (iii) any event or decision that constitutes or may result in any Compulsory a Prepayment Event or of its belief or, as the case may be, reasonable grounds for belief that such an event has occurred or is likely to occurEvent; (iv) any intention on its part to grant any Security security over any of its assets in favour of a third partyparty except for those cases not prohibited by this Contract; (v) any intention on its part to relinquish ownership of any material component of the Project; (vi) any fact or event that is reasonably likely to prevent the substantial fulfilment of any obligation of the Borrower under this Contract; (vii) any Default or Material Adverse Change event listed in Article 10.01 having occurred or being threatened or anticipated and the steps, if any, being taken to remedy itanticipated; (viii) any proposed material changes to investigations concerning the Licence andintegrity of the members of the Borrower’s Managing Directors, as soon as reasonably available, provide to the Bank a certified copy of any amendments other administrative body or modifications to the Licence or replacement thereof; ormanagers; (ix) to the extent permitted by law, any material litigation, arbitration, administrative proceedings or investigation carried out by a court, administration or similar public authority, which, to the best of its knowledge and belief, is current, imminent or pending against the Borrower or its controlling entities or members of the Borrower’s management bodies in connection with Illegal Activities related to the Loan and/or the Project; (x) any measure taken by the Borrower pursuant to Article 6.05(f) of this Contract; (xi) any litigation, arbitration or administrative proceedings or investigation which is current, threatened or pending and which might if adversely determined is reasonably likely to result in a Material Adverse Change; or (xii) any Change in the Beneficial Ownership of the Borrower.