Common use of (Information, Debt Service Capability Clause in Contracts

(Information, Debt Service Capability. (1) For as long as amortisation or interest payments are outstanding under the Loan, (i) the Guarantor shall submit directly to the current Lender no later than 15 days after the date the Guarantor is obliged to submit its financial statements to the SEC, its consolidated annual as well as quarterly financial statements for the respective financial year, accompanied by an opinion thereon (without a “going concern” or similar qualification or exception and without any qualification or exception as to the scope of the audit on which such opinion is based) of independent public accountants of recognized national standing in the United States, which opinion shall state that such financial statements present fairly, in all material respects, the financial position of the companies being reported upon and their results of operations and cash flows and have been prepared in conformity with GAAP and (ii) the Borrower shall submit its (audited, if audit is required by law or voluntarily audited) financial statements to the current Lender within 180 days after the end of the respective financial year. Each Debtor shall submit directly to the current Lender promptly upon written demand of such Lender, all other documents and information with respect to such Debtor required to fulfil the requirements of Section 18 of the German Banking Act with respect to such Debtor and all other information that a Lender, acting reasonably, requests to comply with applicable regulatory requirements. Documents required to be delivered under this Article 17 (to the extent any such documents are included in materials otherwise filed with the Securities and Exchange Commission) may be delivered electronically and if so delivered, shall be deemed to have been delivered on the date (i) on which the Guarantor posts such documents, or provides a link thereto on the Guarantor’s website on the Internet at xxx.xxxxx-xxxx.xxx; or (ii) on which such documents are posted on the Guarantor’s behalf on an Internet or intranet website, if any, to which Lender has access (whether a commercial, third-party website or whether sponsored by the Guarantor, the Arranger or another Lender). The Lender shall be entitled to disclose the information to its affiliates, professional advisors and regulatory bodies.