Common use of Obligor Information Clause in Contracts

Obligor Information. (a) So far as permitted by any applicable law, regulation, order or any binding confidentiality obligations, each Obligor must supply to the Security Trustee, the Initial ACF Agent and any other Facility Agent, the Hedge Counterparties, the Rating Agencies, each PP Noteholder and the Bond Trustee: (i) as soon as reasonably practicable after becoming aware of the same but subject to Paragraph (b) below, details of any litigation, arbitration or administrative proceedings which are current or threatened in writing against any Obligor where such proceedings, have been, or there is a reasonable likelihood that they will be, adversely determined and which would, if adversely determined, be reasonably likely to have a Material Adverse Effect; (ii) as soon as reasonably practicable after becoming aware of the same but subject to Paragraph (b) below, details of any communication, enquiry, investigation or proceeding with, from or involving any regulator or other governmental authority where such communication relates to a matter which has or could reasonably be expected to have a Material Adverse Effect or where such enquiry, investigation or proceeding, has a reasonable likelihood of being adversely determined and if adversely determined, would have or could reasonably be expected to have a Material Adverse Effect; and (iii) such material information (including hedging information) about the business and financial condition of the Security Group which can be requested by the Security Trustee on the instructions of Qualifying Secured Creditors holding at least 20 per cent. by value of the Qualifying Secured Debt, provided that, at any time when no Event of Default or Trigger Event has occurred and is subsisting, a maximum of one such request for information may be made, in any 12 month period. (b) Nothing in this Paragraph 8 shall oblige any Obligor to: (i) disclose any information regarding any proposal, plan, contract, agreement, arrangement, notice or approval which is, in the reasonable opinion of such Obligor, material to the business and interests of such Obligor or the Security Group taken as a whole and which is, in the reasonable opinion of such Obligor of significant commercial sensitivity such that the disclosure of such information might reasonably be expected to be materially prejudicial to the business and interests of such Obligor or the Security Group taken as a whole unless and until such time as (A) the relevant proposal, plan, contract, notice agreement or arrangement or any modification thereto has been concluded or the relevant approval obtained or declined or the relevant notice withdrawn, or if earlier (B) such Obligor is required by law, regulation or any rule of any applicable listing authority to publish details regarding the status of such contract, agreement or approval; or (ii) supply details of any communication, correspondence, enquiry, investigation or proceeding of a preliminary nature unless and until there is a reasonable prospect that the matters addressed by such communication, correspondence, enquiry, investigation or proceeding are reasonably likely to proceed in such a manner that, if adversely determined, would have or could reasonably be expected to have a Material Adverse Effect, and the provision of any information is subject in each case to any binding duty of confidentiality and any applicable legal or regulatory restrictions or restrictions imposed by any Regulator provided that the relevant Obligor shall use its reasonable endeavours to obtain the consent of the Regulator to disclose such information on the basis that it shall be kept confidential by any recipient for so long as such information remains confidential or commercially sensitive.

Obligor Information. ‌ (a) So far as permitted by any applicable law, regulation, order or any binding confidentiality obligations, each Obligor must supply to the Security Trustee, the Initial ACF Agent and any other Facility Agent, the Hedge Counterparties, the Rating Agencies, each PP Noteholder and the Bond Trustee: (i) as soon as reasonably practicable after becoming aware of the same but subject to Paragraph (b) below, details of any litigation, arbitration or administrative proceedings which are current or threatened in writing against any Obligor where such proceedings, have been, or there is a reasonable likelihood that they will be, adversely determined and which would, if adversely determined, be reasonably likely to have a Material Adverse Effect; (ii) as soon as reasonably practicable after becoming aware of the same but subject to Paragraph (b) below, details of any communication, enquiry, investigation or proceeding with, from or involving any regulator or other governmental authority where such communication relates to a matter which has or could reasonably be expected to have a Material Adverse Effect or where such enquiry, investigation or proceeding, has a reasonable likelihood of being adversely determined and if adversely determined, would have or could reasonably be expected to have a Material Adverse Effect; and (iii) such material information (including hedging information) about the business and financial condition of the Security Group which can be requested by the Security Trustee on the instructions of Qualifying Secured Creditors holding at least 20 per cent. by value of the Qualifying Secured Debt, provided that, at any time when no Event of Default or Trigger Event has occurred and is subsisting, a maximum of one such request for information may be made, in any 12 month period. (b) Nothing in this Paragraph 8 shall oblige any Obligor to:to:‌ (i) disclose any information regarding any proposal, plan, contract, agreement, arrangement, notice or approval which is, in the reasonable opinion of such Obligor, material to the business and interests of such Obligor or the Security Group taken as a whole and which is, in the reasonable opinion of such Obligor of significant commercial sensitivity such that the disclosure of such information might reasonably be expected to be materially prejudicial to the business and interests of such Obligor or the Security Group taken as a whole unless and until such time as (A) the relevant proposal, plan, contract, notice agreement or arrangement or any modification thereto has been concluded or the relevant approval obtained or declined or the relevant notice withdrawn, or if earlier (B) such Obligor is required by law, regulation or any rule of any applicable listing authority to publish details regarding the status of such contract, agreement or approval; or (ii) supply details of any communication, correspondence, enquiry, investigation or proceeding of a preliminary nature unless and until there is a reasonable prospect that the matters addressed by such communication, correspondence, enquiry, investigation or proceeding are reasonably likely to proceed in such a manner that, if adversely determined, would have or could reasonably be expected to have a Material Adverse Effect, and the provision of any information is subject in each case to any binding duty of confidentiality and any applicable legal or regulatory restrictions or restrictions imposed by any Regulator provided that the relevant Obligor shall use its reasonable endeavours to obtain the consent of the Regulator to disclose such information on the basis that it shall be kept confidential by any recipient for so long as such information remains confidential or commercially sensitive.

Obligor Information. (a) So far as permitted by any applicable law, regulation, order or any binding confidentiality obligations, each Obligor must supply to the Borrower Security Trustee, the Initial ACF Agent and any other Facility Agent, the IBLA Creditor and the Borrower Hedge Counterparties, the Rating Agencies, each PP Noteholder and the Bond Trustee: (i) as soon as reasonably practicable after becoming aware of the same but subject to Paragraph paragraph (b) below, details of any litigation, arbitration or administrative proceedings which are current or threatened in writing against any Obligor where such proceedings, proceedings have been, or there is a reasonable likelihood that they will be, adversely determined and which would, if adversely determined, be reasonably likely to have a Material Adverse Effect; (ii) promptly, such information as the Borrower Security Trustee may reasonably require about compliance of the Obligors with the terms of any Borrower Security Documents; (iii) promptly, details of the loss or modification of any Licence or any formal communication from the Regulatory Authority regarding any potential or threatened loss or modification of a Licence which could have a Material Adverse Effect; (iv) upon request by the Borrower Security Trustee, certified copies of any material Authorisations; (v) promptly, any formal communication from the Regulatory Authority regarding any change to any Regulatory Consent which is reasonably likely to be made and if made would be reasonably likely to have a Material Adverse Effect; (vi) upon receipt by the Company from the IBLA Creditor under clause 12.2.3 (Credit Rating) of the IBLA, details of a Rating and any change in that Rating; (vii) as soon as reasonably practicable after becoming aware they are entered into, reasonable detail of the same but subject any pre-hedging transactions and associated mark to Paragraph market amounts; (bviii) below, details of any communicationviolation of any Sanctions, enquiryas soon as reasonably practicable following such violation provided that the Company (or relevant member of the Borrower Security Group) shall be permitted, investigation prior to notification, to first notify the relevant body, agency, regulatory authority or proceeding withequivalent organisation (each, from a "Regulator") which regulates such relevant Sanctions (such notification to be made as soon as reasonably practicable taking into account any disclosure obligations under applicable law or involving any regulator regulation). To the extent that such Regulator imposes confidentiality restrictions, the Company (or other governmental authority where the relevant member of the Borrower Security Group) shall not be required to notify the Borrower Security Trustee to the extent it would contravene such communication relates confidentiality restrictions, provided that the Company (or the relevant member of the Borrower Security Group) shall use reasonable endeavours to a matter which has or could reasonably be expected to have a Material Adverse Effect or where remove such enquiry, investigation or proceeding, has a reasonable likelihood of being adversely determined and if adversely determined, would have or could reasonably be expected to have a Material Adverse Effect; andrestrictions; (iiiix) such material information (including hedging information) about the business and financial condition of the Borrower Security Group which can be as is reasonably requested by the Borrower Security Trustee on the instructions of the Qualifying Borrower Secured Creditors holding at least 20 per cent. by value of the Qualifying Borrower Secured Debt, provided that, at any time when no Event of Default or Trigger Event has occurred and is subsisting, a maximum of one such request for information may be made, made in any 12 12-month period; and (x) promptly upon its occurrence, details of the amounts of any cancellation of the Borrower Liquidity Facility and the rationale for such cancellation. (b) Nothing in this Paragraph paragraph 8 shall oblige any Obligor to: (i) disclose any information regarding any proposal, plan, contract, agreement, arrangement, notice or approval which is, in the reasonable opinion of such Obligor, material to the business and interests of such Obligor or the Borrower Security Group taken as a whole and which is, in the reasonable opinion of such Obligor Obligor, of significant commercial sensitivity such that the disclosure of such information might reasonably be expected to be materially prejudicial to the business and interests of such Obligor or the Borrower Security Group taken as a whole unless and until such time as as: (A) the relevant proposal, plan, contract, notice agreement or arrangement or any modification thereto has been concluded or the relevant approval obtained or declined or the relevant notice withdrawn, or if earlier (B) such Obligor is required by law, regulation or any rule of any applicable listing authority to publish details regarding the status of such contract, agreement or approval; or (ii) supply details of any communication, correspondence, enquiry, investigation or proceeding of a preliminary nature unless and until there is a reasonable prospect that the matters addressed by such communication, correspondence, enquiry, investigation or proceeding are reasonably likely to proceed in such a manner that, if adversely determined, would have or could reasonably be expected to have a Material Adverse Effect, and the provision of any information is subject in each case to any binding duty of confidentiality and any applicable legal or regulatory restrictions or restrictions imposed by any Regulator Regulatory Authority, provided that the relevant Obligor shall use its reasonable endeavours to obtain the consent of the Regulator Regulatory Authority to disclose such information on the basis that it shall be kept confidential by any recipient for so long as such information remains confidential or commercially sensitive. 9 “Know Your Customer” Checks (a) If: (i) the introduction of or any change in (or in the interpretation, administration or application of) any law or regulation made after the date of this Agreement; (ii) any change in the status of an Obligor, the composition of its shareholders, or the accession of a new Obligor after the date of this Agreement; or (iii) a proposed assignment or transfer by an Authorised Credit Provider of any of its rights and obligations under any Authorised Credit Facility to a party that is not an Authorised Credit Provider prior to such assignment or transfer, obliges any Authorised Credit Provider or its agent (or, in the case of the event described in paragraph (iii) above, any prospective new Authorised Credit Provider) to comply with “know your customer” or similar identification procedures in circumstances where the necessary information is not already available to it, each Obligor shall promptly upon the request of any Authorised Credit Provider or its agent supply, or procure the supply of, such documentation and other evidence as is reasonably requested by the relevant Authorised Credit Provider’s agent (for itself or on behalf of such Authorised Credit Provider) or any Authorised Credit Provider (for itself or, in the case of the event described in paragraph (iii) above, on behalf of any prospective new Authorised Credit Provider) in order for the Authorised Credit Provider’s agent, such Authorised Credit Provider or, in the case of the event described in paragraph (iii) above, any prospective new Authorised Credit Provider, to carry out and be satisfied it has complied with all necessary “know your customer” or other similar checks under all applicable laws and regulations pursuant to the transactions contemplated in the Borrower Finance Documents. (b) Each Authorised Credit Provider shall promptly upon the request of the Authorised Credit Provider’s agent supply, or procure the supply of, such documentation and other evidence as is reasonably requested by the agent (for itself) in order for the agent to carry out and be satisfied it has complied with all necessary “know your customer” or other similar checks under all applicable laws and regulations pursuant to the transactions contemplated in the Borrower Finance Documents. (c) The Borrower Security Group Agent shall, by not less than 10 Business Days’ prior written notice to the Authorised Credit Provider’s agent, notify the agent (which shall promptly notify the Authorised Credit Providers) of its intention to request that a member of the Borrower Security Group becomes a new Obligor pursuant to Clause 1.5 (Obligors) and the Borrower STID. (d) Following the giving of any notice pursuant to paragraph (c) above, if the accession of such new Obligor obliges the Authorised Credit Provider’s agent or any Authorised Credit Provider to comply with “know your customer” or similar identification procedures in circumstances where the necessary information is not already available to it, each Obligor shall promptly upon the request of the Authorised Credit Provider’s agent or any Authorised Credit Provider supply, or procure the supply of, such documentation and other evidence as is customary and reasonably requested by the Authorised Credit Provider’s agent (for itself or on behalf of any Authorised Credit Provider) or any Authorised Credit Provider (for itself or on behalf of any prospective new Authorised Credit Provider) in order for the Authorised Credit Provider’s agent or such Authorised Credit Provider or any prospective new Authorised Credit Provider to carry out and be satisfied it has complied with all necessary “know your customer” or other similar checks under all applicable laws and regulations pursuant to the accession of such Subsidiary to this Agreement as a new Obligor.