Information concerning the Project. (a) The Parent (and, upon request of the Bank, the relevant Borrower) shall deliver to the Bank: (i) the information in content and in form, and at the times, specified in Schedule A.2 or otherwise as agreed from time to time by the parties to this Contract; and (ii) any such information or further document concerning the financing, procurement, implementation, operation and environmental matters of or for the Project as the Bank may reasonably require within a reasonable time, provided always that if such information or document is not delivered to the Bank on time, and the Parent (and, upon request of the Bank, the relevant Borrower) does not rectify the omission within a reasonable time set by the Bank in writing, the Bank may remedy the deficiency, to the extent feasible, by employing its own staff or a consultant or any other third party, at the Parent’s expense and the Borrowers shall provide such persons with all assistance necessary for the purpose; (b) The Borrowers shall submit for the approval of the Bank without delay any material change to the Project, also taking into account the disclosures made to the Bank in connection with the Project prior to the signing of this Contract, in respect of, inter alia, the price, design, plans, timetable or to the expenditure programme or financing plan for the Project; (c) The Borrowers shall promptly inform the Bank of: (i) any action or protest initiated or any objection raised by any third party or any genuine complaint received by any Borrower or any Environmental Claim that is to its knowledge commenced, pending or threatened against it with regard to environmental or other matters affecting the Project; (ii) any fact or event known to any Borrower, which may substantially prejudice or affect the conditions of execution or operation of the Project; (iii) a genuine allegation, complaint or information with regard to Criminal Offences related to the Project; (iv) any non-compliance by it with any applicable Environmental Law; and (v) any suspension, revocation or modification of any Environmental Approval, and set out the action to be taken with respect to such matters. (d) The Borrowers shall provide to the Bank, if so requested: (i) a certificate of its insurers showing fulfilment of the requirements of Article 6.05(c); and (ii) annually, a list of policies in force covering the insured property forming part of the Project, together with confirmation of payment of the current premiums.
Appears in 2 contracts
Samples: Amendment Agreement (LivaNova PLC), Finance Contract (LivaNova PLC)
Information concerning the Project. The Borrower shall:
(a) The Parent (and, upon request of the Bank, the relevant Borrower) shall deliver to the Bank:
(i) the information in content and in form, and at the times, specified in Schedule A.2 or otherwise as agreed from time to time by the parties to this Contract; and
(ii) any such information or further document concerning the financing, procurement, implementation, operation and environmental matters of or for the Project and related environmental or social matters as the Bank may reasonably require within a reasonable time, ; provided always that if such information or document is not delivered to the Bank on time, and the Parent (and, upon request of the Bank, the relevant Borrower) Borrower does not rectify the omission within a reasonable time set by the Bank in writing, the Bank may remedy the deficiency, to the extent feasible, by employing its own staff or a consultant or any other third party, at the ParentBorrower’s expense and the Borrowers Borrower shall provide such persons with all assistance necessary for the purpose;
(b) The Borrowers shall submit for the approval of the Bank without delay any material change to the Project, also taking into account the disclosures made to the Bank in connection with the Project prior to the signing of this Contract, in respect of, inter alia, the price, design, plans, timetable or to the expenditure programme or financing plan for the Project;
(c) The Borrowers immediately inform the Bank in writing of the occurrence of the due ratification of this Contract in accordance with the applicable laws of the Republic of Moldova;
(d) generally inform the Bank of any fact or event known to it which, in its reasonable opinion, might materially prejudice or affect the conditions of execution or operation of the Project;
(e) as soon as it becomes aware thereof (including, for the avoidance of doubt, when it is informed thereof by the PMU, PIU or a Final Beneficiary) promptly inform the Bank of a genuine allegation, complaint or information with regard to Prohibited Conduct related to any funds made available under the Project;
(f) shall ensure that the PMU, by any PIU or by any Final Beneficiary, as soon as it becomes aware thereof promptly inform the Bank of a genuine allegation, complaint or information with regard to Prohibited Conduct related to any funds made available under the Project;
(g) promptly inform the Bank of:
(i) any action or protest initiated or any objection raised by any third party or any genuine complaint received by any Borrower it or any Environmental or Social Claim that is to its knowledge commenced, pending or threatened against it with regard to environmental or other matters affecting the Project;it; and
(ii) any fact or event known to any Borrowerit, which may substantially prejudice or affect the conditions of execution or operation of the Project;
(iii) a genuine allegation, complaint or information with regard to Criminal Offences related to the Project;
(iv) any non-compliance by it with any applicable Environmental Law; andand Social Standard;
(viv) should it become aware of any fact or information confirming or reasonably suggesting that (a) any suspension, revocation or modification of any Environmental Approval, and set out the action to be taken Prohibited Conduct has occurred in connection with respect to such matters.
(d) The Borrowers shall provide to the Bank, if so requested:
(i) a certificate of its insurers showing fulfilment of the requirements of Article 6.05(c); and
(ii) annually, a list of policies in force covering the insured property forming part of the Project, together with confirmation of payment or (b) any of the current premiums.funds invested in the Project was derived from illicit origin, or (c) any measure has been taken by any Final Beneficiary pursuant to Article 6.09 (
Appears in 2 contracts
Samples: Finance Contract, Finance Contract
Information concerning the Project. Each Borrower shall:
(a) The Parent (and, upon request of the Bank, the relevant Borrower) shall deliver to the Bank:
(i) the information in content and in form, and at the times, specified in Schedule A.2 or otherwise as agreed from time to time by the parties to this Contract; and
(ii) any such information or further document concerning the financing, procurement, implementation, operation and environmental matters of or for the Project as the Bank may reasonably require within a reasonable time, provided always that if such information or document is not delivered to the Bank on time, and the Parent (and, upon request of the Bank, the relevant Borrower) that Borrower does not rectify the omission within a reasonable time set by the Bank in writing, the Bank may remedy the deficiency, to the extent feasible, by employing its own staff or a consultant or any other third party, at the Parent’s that Borrower's expense and the Borrowers that Borrower shall provide such persons with all assistance necessary for the purpose;
(b) The Borrowers shall submit for the approval of the Bank without delay any material change to the Project, also taking into account the disclosures made to the Bank in connection with the Project prior to the signing of this Contract, in respect of, inter alia, the price, design, plans, timetable or to the expenditure programme or financing plan for the Project;
(c) The Borrowers shall promptly inform the Bank of:
(i) any action or protest initiated or any objection raised by any third party or any genuine complaint received by any a Borrower or any material Environmental Claim that is to its knowledge commenced, pending or threatened against it with regard to environmental or other matters affecting the Project;
(ii) any fact or event known to any a Borrower, after due enquiry, which may substantially prejudice or affect the conditions of execution or operation of the Project;; 0015274-0000214 BK:37209258.7 39
(iii) a any genuine allegation, complaint or information with regard to Criminal Offences related to the Project;
(iv) any non-compliance by it with any applicable Environmental LawLaw relevant to the Project; and
(v) any suspension, revocation or modification of any Environmental ApprovalApproval known to a Borrower, after due enquiry, and set out the action to be taken with respect to such matters.
(d) The Borrowers shall A Borrower need not provide information to the Bank, Bank under Articles 8.01 or 8.02 if so requested:
(i) a certificate of its insurers showing fulfilment of that information has already been provided to the requirements of Article 6.05(c); and
(ii) annually, a list of policies in force covering Bank by the insured property forming part of the Project, together with confirmation of payment of the current premiumsother Borrower.
Appears in 2 contracts
Information concerning the Project. The Borrower shall:
(a) The Parent (and, upon request of the Bank, the relevant Borrower) shall deliver to the Bank:
(i) the information in content and in form, and at the times, specified in Schedule A.2 or otherwise as agreed from time to time by the parties to this Contract; and
(ii) any such information or further document concerning the financing, procurement, implementation, operation and environmental matters impact of or for the Project as the Bank may reasonably require within a reasonable time, ; provided always that if such information or document is not delivered to the Bank on time, and the Parent (and, upon request of the Bank, the relevant Borrower) Borrower does not rectify the omission within a reasonable time set by the Bank in writing, the Bank may remedy the deficiency, to the extent feasible, by employing its own staff or a consultant or any other third party, at the ParentBorrower’s expense and the Borrowers Borrower shall provide such persons with all assistance necessary for the purpose;
(b) The Borrowers shall submit for the approval of the Bank without delay any material change to the Project, also taking into account the disclosures made to the Bank in connection with the Project prior to the signing of this Contract, in respect ofincluding, inter alia, in respect of the price, design, plans, timetable or to the expenditure programme or financing plan for the Project, in relation to the disclosures made to the Bank prior to the signing of this Contract;
(c) The Borrowers shall promptly inform the Bank of:
(i) any material action or protest initiated or any material objection raised by any third party or any genuine material complaint received by any the Borrower or any Environmental Claim material litigation that is to its knowledge commenced, pending commenced or threatened against it with regard to environmental or other matters affecting the Project;
(ii) any fact or event known to any the Borrower, which may substantially prejudice or affect the conditions of execution or operation of the Project;
(iii) a genuine allegation, complaint or information with regard to Criminal Offences related to the ProjectProject of which the Borrower becomes aware;
(iv) any non-compliance by it with any applicable Environmental Law; and;
(v) any suspension, revocation or modification of any Environmental Approval, and set out the action to be taken with respect to such matters.; and
(d) The Borrowers shall promptly provide to the Bank, if so requested:
(i) a certificate of its insurers showing fulfilment of the requirements of Article 6.05(c); and
(ii) annually, a list of policies in force covering the insured property forming part of the Project, together with confirmation of payment of the current premiums.
Appears in 1 contract
Samples: Finance Contract (Pacificorp /Or/)
Information concerning the Project. The Borrower shall:
(a) The Parent (and, upon request of the Bank, the relevant Borrower) shall deliver to the Bank:
(i) the information in content and in form, and at the times, specified in Schedule A.2 A or otherwise as agreed from time to time by the parties to this ContractParties; and
(ii) any such information or further document concerning the financing, procurement, implementation, operation and environmental matters of or for the Project Project, as the Bank may reasonably require within a reasonable timetime to comply with its obligations, provided always that if such information or document is not delivered to the Bank on time, and the Parent (and, upon request of the Bank, the relevant Borrower) Borrower does not rectify the omission within a reasonable time set by the Bank in writing, the Bank may remedy the deficiency, to the extent feasible, by employing its own staff or a consultant or any other third party, at the ParentBorrower’s expense and the Borrowers Borrower shall provide such persons with all assistance necessary for the purpose;
(b) The Borrowers shall submit for the approval of the Bank without delay any material change to the Project, also taking into account the disclosures made to the Bank in connection with the Project prior to the signing of this Contract, in respect of, inter alia, the price, design, plans, timetable or to the expenditure programme or financing plan for the Project;
(c) The Borrowers shall upon completion of the Project, deliver to the Bank copies of (i) the energy performance certificates, and (ii) the commissioning tests for air tightness and thermal integrity for the new buildings exceeding 5,000m2.
(d) promptly inform the Bank of:
(i) any action or protest initiated or any objection raised by any third party or any genuine complaint received by any the Borrower or any Environmental Claim that is to its knowledge commenced, pending or threatened against it with regard to environmental or other matters affecting the Project;
(ii) any fact or event known to any the Borrower, which may substantially prejudice or affect the conditions of execution or operation of the Project;
(iii) a genuine allegation, complaint or information with regard to Criminal Offences Illegal Activities or any Sanctions or any US Sanctions related to the Project;
(iv) any self-declared exclusion by a bidder that occurs prior to the contract award and is covered by the Exclusion Policy;
(v) any non-compliance by it with any applicable Environmental Law; and
(vvi) any suspension, revocation or modification of any Environmental Approval, and set out the action to be taken with respect to such matters.
(d) The Borrowers shall provide to the Bank, if so requested:
(i) a certificate of its insurers showing fulfilment of the requirements of Article 6.05(c); and
(iie) annually, promptly inform the Bank about any material modifications in the Borrower's planning and development strategies and promptly deliver to the Bank a list copy of policies in force covering the insured property forming part of the Projectany such modification or any new strategy, together with confirmation of payment of the current premiumsany relevant documents.
Appears in 1 contract
Samples: Finance Contract
Information concerning the Project. Each Borrower shall:
(a) The Parent (and, upon request of the Bank, the relevant Borrower) shall deliver to the Bank:
(i) the information in content and in form, and at the times, specified in Schedule A.2 or otherwise as agreed from time to time by the parties to this Contract; and
(ii) any such information or further document concerning the financing, procurement, implementation, operation and environmental matters of or for the Project as the Bank may reasonably require within a reasonable time, provided always that if such information or document is not delivered to the Bank on time, and the Parent (and, upon request of the Bank, the relevant Borrower) that Borrower does not rectify the omission within a reasonable time set by the Bank in writing, the Bank may remedy the deficiency, to the extent feasible, by employing its own staff or a consultant or any other third party, at the Parent’s that Xxxxxxxx's expense and the Borrowers that Borrower shall provide such persons with all assistance necessary for the purpose;
(b) The Borrowers shall submit for the approval of the Bank without delay any material change to the Project, also taking into account the disclosures made to the Bank in connection with the Project prior to the signing of this Contract, in respect of, inter alia, the price, design, plans, timetable or to the expenditure programme or financing plan for the Project;
(c) The Borrowers shall promptly inform the Bank of:
(i) any action or protest initiated or any objection raised by any third party or any genuine complaint received by any a Borrower or any material Environmental Claim that is to its knowledge commenced, pending or threatened against it with regard to environmental or other matters affecting the Project;
(ii) any fact or event known to any a Borrower, after due enquiry, which may substantially prejudice or affect the conditions of execution or operation of the Project;
(iii) a genuine allegation, complaint or information with regard to Criminal Offences related to the Project;
(iv) any non-compliance by it with any applicable Environmental LawLaw relevant to the Project; and
(viv) any suspension, revocation or modification of any Environmental ApprovalApproval known to a Borrower, after due enquiry, and set out the action to be taken with respect to such matters.
(d) The Borrowers shall A Borrower need not provide information to the Bank, Bank under Articles 8.01 or 8.02 if so requested:
(i) a certificate of its insurers showing fulfilment of that information has already been provided to the requirements of Article 6.05(c); and
(ii) annually, a list of policies in force covering Bank by the insured property forming part of the Project, together with confirmation of payment of the current premiumsother Borrower.
Appears in 1 contract
Samples: Finance Contract (Xylem Inc.)
Information concerning the Project. (a) The Parent (and, upon request of the Bank, the relevant Borrower) shall Promoter shall: deliver to the Bank:
(i) : the information in content and in form, and at the times, specified in Schedule A.2 of this Agreement or otherwise as agreed from time to time by the parties to this Agreement or the Finance Contract; and
(ii) any such information concerning the Schemes included in the Allocation Request as the Bank may reasonably require within a reasonable time; any such information or further document concerning the financing, procurement, implementation, operation and environmental matters of or for the Project as the Bank may reasonably require within a reasonable time, ; provided always that if such information or document is not delivered to the Bank on time, and the Parent (and, upon request of the Bank, the relevant Borrower) Promoter does not rectify the omission within a reasonable time set by the Bank in writing, the Bank may remedy the deficiency, to the extent feasible, by employing its own staff or a consultant or any other third party, at the ParentPromoter’s expense and the Borrowers Promoter shall provide such persons with all assistance necessary for the purpose;
(b) The Borrowers shall ; submit for the approval of the Bank without delay any material change to the Project, also taking into account the disclosures made to the Bank in connection with the Project prior to the signing of this ContractAgreement, in respect of, inter alia, the price, design, plans, timetable or to the expenditure programme or financing plan for the Project;
(c) The Borrowers shall ; promptly inform the Bank of:
(i) : any action or protest initiated or any objection raised by any third party or any genuine complaint received by the Promoter or any Borrower Final Beneficiary or any Environmental Claim that is to its knowledge commenced, pending or threatened against it or any Final Beneficiary with regard to environmental or other matters affecting the Project;
(ii) ; any fact or event known to any Borrowerthe Promoter, which may substantially prejudice or affect the conditions of execution or operation of the Project;
(iii) ; a genuine allegation, complaint or information with regard to Criminal Offences Offence related to the Project;
(iv) ; any non-compliance by it or any Final Beneficiary with any applicable Environmental Law; and
(v) and any suspension, revocation or modification of any Environmental Approval, and set out the action to be taken with respect to such matters.
(d) The Borrowers shall ; and promptly provide to the Bank, if so requested:
(i) a certificate of its insurers showing fulfilment of the requirements of Article 6.05(c); and
(ii) annually, a list of policies in force covering the insured property forming part of the Project, together with confirmation of payment of the current premiums.
Appears in 1 contract
Samples: Project Implementation Agreement
Information concerning the Project. The Borrower shall:
(a) The Parent (and, upon request of the Bank, the relevant Borrower) shall deliver to the Bank:
(i) the information in content and in form, and at the times, specified in Schedule A.2 or otherwise as agreed from time to time by the parties to this Contract;
(ii) the allocation report pursuant to Schedule A.2;
(iii) any such information concerning the Schemes included in the Allocation Request as the Bank may reasonably require within a reasonable time; and
(iiiv) any such information or further document concerning the financing, procurement, implementation, operation and environmental matters of or for the Project as the Bank may reasonably require within a reasonable time, ; provided always that if such information or document is not delivered to the Bank on time, and the Parent (and, upon request of the Bank, the relevant Borrower) Borrower does not rectify the omission within a reasonable time set by the Bank in writing, the Bank may remedy the deficiency, to the extent feasible, by employing its own staff or a consultant or any other third party, at the ParentBorrower’s expense and the Borrowers Borrower shall provide such persons with all assistance necessary for the purpose;
(b) The Borrowers shall submit for the approval of the Bank without delay any material change to the ProjectProject or any Scheme(s), also taking into account the disclosures made to the Bank in connection with the Project prior to the signing of this Contract, in respect of, inter alia, the price, design, plans, timetable or to the expenditure programme or financing plan for the ProjectProject or such Scheme(s);
(c) The Borrowers shall promptly inform the Bank of:
(i) any action or protest initiated or any objection raised by any third party or any genuine complaint received by any the Borrower or a Final Beneficiary or any Environmental Claim that is to its knowledge commenced, pending or threatened against it or a Final Beneficiary with regard to environmental or other matters affecting the Project;Project or any Scheme(s); and
(ii) any fact or event known to any the Borrower, which may substantially prejudice or affect the conditions of execution or operation of the Project;
(iii) a genuine allegation, complaint or information with regard to Criminal Offences related to the Project;
(iv) any non-compliance by it or the Final Beneficiary with any applicable Environmental Law; and
(viv) any suspension, revocation or modification of any Environmental Approval, and set out the action to be taken with respect to such matters.;
(d) The Borrowers shall provide without undue delay inform the Bank of any notice of termination of any On-lending Agreement served by the Borrower to a Final Beneficiary;
(e) generally inform the Bank of any fact or event known to it which, according to the BankBorrower’s reasonable opinion, if so requested:
(i) a certificate might materially prejudice or affect the conditions of its insurers showing fulfilment execution or operation of any Scheme or the requirements general condition of Article 6.05(c)any Final Beneficiary; and
(iif) annuallydeliver to the Bank all documents and information that may be reasonably requested by the Bank concerning the financing, a list implementation and operation of policies in force covering each Scheme and the insured property forming part activities and financial condition of the Project, together with confirmation of payment of the current premiumseach Final Beneficiary.
Appears in 1 contract
Samples: Finance Contract
Information concerning the Project. The Borrower shall:
(a) The Parent (and, upon request of the Bank, the relevant Borrower) shall deliver to the Bank:
(i) the information in content and in form, and at the times, specified in Schedule A.2 or otherwise as agreed from time to time by the parties to this Contract; and
(ii) any such information or further document concerning the financing, procurement, implementation, operation and environmental matters of or for the Project as the Bank may reasonably require within a reasonable time, ; provided always that if such information or document is not delivered to the Bank on time, and the Parent (and, upon request of the Bank, the relevant Borrower) Borrower does not rectify the omission within a reasonable time set by the Bank in writing, the Bank may remedy the deficiency, to the extent feasible, by employing its own staff or a consultant or any other third party, at the Parent’s Borrower's expense and the Borrowers Borrower shall provide such persons with all assistance necessary for the purpose;
(b) The Borrowers shall submit for the approval of the Bank without delay any material change to the Project, also taking into account the disclosures made to the Bank in connection with the Project prior to the signing of this Contract, in respect of, inter alia, the price, design, plans, timetable or to the expenditure programme or financing plan for the Project;
(c) The Borrowers shall promptly inform the Bank of:
(i) any action or protest initiated or any objection raised by any third party or any genuine complaint received by any the Borrower or any Environmental Claim that is to its knowledge commenced, pending or threatened against it with regard to environmental or other matters affecting the Project;; and
(ii) any fact or event known to any the Borrower, which may substantially prejudice or affect the conditions of execution or operation of the Project;
(iii) a genuine allegation, complaint or information with regard to Criminal Offences related to the Project;
(iv) any suspension or cancellation of any Scheme in respect of which a Letter of Allocation has been issued;
(v) any non-compliance by it with any applicable Environmental Law; and
(vvi) any suspension, revocation or modification of any Environmental Approval, and set out the action to be taken with respect to such matters.;
(d) The Borrowers shall provide promptly inform the Bank of any suspension of any payment by the European Commission in respect of any Scheme and/or of any initiation by the European Commission of an infringement procedure or of legal proceedings before the European Court of Justice for non-compliance of any relevant regulation with respect to any Scheme;
(e) promptly inform the Bank about any material modifications in the Borrower's planning and development strategies and promptly deliver to the BankBank a copy of any such modification or any new strategy, if so requestedtogether with any relevant documents; and
(f) deliver as soon as available, the road safety audits in relation to any and all roads included in the Schemes referred to in Article 6.5(j) together with a report by the Borrower highlighting in a summary table all recommendations of the road auditors, together with:
(i) a certificate of its insurers showing fulfilment of confirmation that the requirements of Article 6.05(c)Borrower has, or will, integrate the recommendations into such road Scheme; andor
(ii) annually, a list explanation of policies in force covering alternative measures to be applied by the insured property forming part of Borrower when recommendations from the Projectaudit have not been undertaken, together with confirmation of payment of the current premiumsjustification for such alternative measures.
Appears in 1 contract
Samples: Finance Contract