Most-Favoured Treatment. The Company has not, and has not permitted any Subsidiary to, at any time be party to a Bank Agreement (or any side letter or other agreement relating thereto) containing any Restrictive Covenant which is more restrictive upon the Company or any Subsidiary (or more beneficial to any lender, note holder or other Person extending credit) than the covenants, events of default and other provisions (collectively, the “Existing Provisions”) included in this Agreement (each such Restrictive Covenant that is more restrictive than that already existing in this Agreement being an “Other Covenant”), without promptly (and in any event within five Business Days of the occurrence thereof) giving written notice thereof (together with a copy of the agreement setting forth such Other Covenant or an extract of the agreement setting forth the Other Covenant and any related definitions) to the holders of Notes which notice shall refer specifically to this Section. I confirm that I have reviewed the terms of the Note Purchase Agreement and have made, or caused to be made under my supervision, a review of the transactions and conditions of the Company and its Subsidiaries for the period from the date of the Note Purchase Agreement until the date of this certificate and that such review has not disclosed the existence during such period of any condition or event that constitutes a Default or Event of Default. Dated: 13 December 2018 By: Xxxxx Xxxxxx Chief Financial Officer
Appears in 5 contracts
Samples: Note Purchase Agreement, Note Purchase Agreement, Note Purchase Agreement