Common use of Other documents and evidence Clause in Contracts

Other documents and evidence. (a) An executed copy of each of the Debenture Documents (other than the Debenture Certificate). (b) A certificate dated the Closing Date and signed by a Director of the Issuer confirming the matters specified in Clauses 4.1(a)(iii), 4.1(a)(iv), and 4.1(a)(v) (Conditions Precedent to Closing) of this Agreement. (c) A certificate of good standing or the equivalent dated within three Business Days of the Closing Date, in respect of the Issuer and each of the Material Subsidiaries. (d) A certificate of the transfer agent of the Issuer certifying: (i) that it has been duly appointed as the transfer agent and registrar for the Shares; and (ii) the issued and outstanding Shares. (e) Copies of correspondence received from the Stock Exchange indicating that the Issuer has obtained all necessary approvals for the Shares to be listed on the Stock Exchange, subject only to the satisfaction by the Issuer of such customary and standard post-closing conditions imposed by the Stock Exchange in similar circumstances. (f) A copy of any other authorisation or other document, opinion or assurance which the Debentureholder considers (in good faith) to be necessary (if it has notified the Issuer accordingly within a reasonable time prior to the Closing Date) in connection with the entry into and performance of the transactions contemplated by any Debenture Document or for the validity and enforceability of any Debenture Document. (g) The satisfaction of all of the Debentureholder’s necessary “know your customer” and/or other similar checks under its internal requirements and Applicable Laws and regulations in relation to this Agreement, the Debentures and the transactions contemplated thereby and the Issuer has provided all such relevant information in relation thereto. (h) A written acceptance of the process agent mentioned in Clause 23.3 (Service of Process) of its appointment as set out in that Clause. (i) A group structure chart of the Issuer and its Subsidiaries. Schedule 3 Form of Debenture Certificate [ ] Schedule 4 Form of Transfer and Accession Deed

Other documents and evidence. (a) An executed copy 6.1 A valuation of each Ship, addressed to the Lender, stated to be for the purposes of this Agreement and dated not earlier than ten (10) days before the Utilisation Date for the Advance under the Tranche relating to each respective Ship from an Approved Valuer in order to determine the Initial Market Value of the Debenture Documents (other than the Debenture Certificate)each Ship. 6.2 Evidence that any process agent referred to in Clause 46.2 (b) A certificate dated the Closing Date and signed by a Director Service of the Issuer confirming the matters specified in Clauses 4.1(a)(iiiprocess), 4.1(a)(iv)if not an Obligor, and 4.1(a)(v) (Conditions Precedent to Closing) of this Agreementhas accepted its appointment. (c) A certificate of good standing or the equivalent dated within three Business Days of the Closing Date, in respect of the Issuer and each of the Material Subsidiaries. (d) A certificate of the transfer agent of the Issuer certifying: (i) that it has been duly appointed as the transfer agent and registrar for the Shares; and (ii) the issued and outstanding Shares. (e) Copies of correspondence received from the Stock Exchange indicating that the Issuer has obtained all necessary approvals for the Shares to be listed on the Stock Exchange, subject only to the satisfaction by the Issuer of such customary and standard post-closing conditions imposed by the Stock Exchange in similar circumstances. (f) 6.3 A copy of any other authorisation Authorisation or other document, opinion or assurance which the Debentureholder Lender considers (in good faith) to be necessary or desirable (if it has notified the Issuer accordingly within a reasonable time prior to the Closing DateBorrowers accordingly) in connection with the entry into and performance of the transactions contemplated by any Debenture Transaction Document or for the validity and enforceability of any Debenture Transaction Document. (g) The satisfaction of all 6.4 Copies of the Debentureholder’s necessary Original Financial Statements of each Obligor. 6.5 Copies of any mandates or other documents required in connection with the opening or operation of the Accounts. 6.6 Evidence that the fees, costs and expenses then due from the Borrowers pursuant to Clause 11 (Fees) and Clause 16 (Costs and Expenses) have been paid or will be paid by the first Utilisation Date. 6.7 Such evidence as the Lender may require evidencing that the Ships are insured in accordance with the provisions of this Agreement and all requirements in this Agreement in respect of insurances have been complied with. 6.8 Such evidence as the Lender may require to be able to satisfy its “know your customer” and/or other or similar checks under its internal requirements and Applicable Laws and regulations identification procedures in relation to this Agreement, the Debentures and the transactions contemplated thereby by the Finance Documents, including, without limitation: (a) full disclosure of structure and ownership of the Borrowers and the Issuer has provided all such relevant information in relation thereto.Parent Guarantor; (hb) A written acceptance the identity of the process agent mentioned in Clause 23.3 (Service ultimate owner(s) shall be proven via acceptable documentation and the Lender shall receive certified copies of Processdocuments of identification to include address regarding the ultimate owner(s) of its appointment as set out in that Clause.– for example passport(s); (ic) A group structure chart signatures on this Agreement and the other Finance Documents shall be verified and the signatories’ identity including address and civil registration number if any shall be documented via passports or other acceptable documentation; and (d) such other documentation and information as the Lender deems necessary and/or advisable in order to comply with any law and/or regulation regarding money laundering and/or the financing of terrorist activities (including, without limitation, such documentation and information as the Issuer Lender deem necessary and/or advisable in order to comply with customer due diligence measures for purposes of AML/CTF checks as required by the Danish Act on Measures to Prevent Money Laundering and its Subsidiaries. Schedule 3 Form Financing of Debenture Certificate [ ] Schedule 4 Form of Transfer and Accession DeedTerrorism).

Other documents and evidence. (a) An executed copy of each Copies of the Debenture Documents (other than executed Charter Contracts and the Debenture Certificate)latest Valuation Reports. (b) A certificate dated the Closing Date and signed by a Director copy of the Issuer confirming the matters specified in Clauses 4.1(a)(iii), 4.1(a)(iv), and 4.1(a)(v) (Conditions Precedent to Closing) of this AgreementGroup Structure Chart. (c) A certificate of good standing or the equivalent dated within three Business Days Copies of the Closing Date, in respect of the Issuer and each of the Material Subsidiariesexecuted Finance Documents by all parties thereto. (d) A certificate Evidence that all fees, costs and expenses (including legal fees) due from the Borrowers pursuant to Clause 5 (Fees, Costs and Expenses) of this Agreement have been paid or will be paid by the transfer agent of the Issuer certifying: (i) that it has been duly appointed as the transfer agent and registrar for the Shares; and (ii) the issued and outstanding SharesEffective Date. (e) Copies A certificate signed by an authorized signatory of correspondence received from the Stock Exchange indicating that Borrowers stating that, upon the Issuer has obtained all necessary approvals for Effective Date, (i) no member of the Shares Group will have any Financial Indebtedness other than Permitted Financial Indebtedness and each member of the Group will have (ii) no Encumbrance existing in relation to be listed on any asset of any member of the Stock Exchange, subject only to the satisfaction by the Issuer of such customary and standard post-closing conditions imposed by the Stock Exchange in similar circumstancesGroup other than any Permitted Encumbrance. (f) Evidence satisfactory to the Lender that the Security has been or will be perfected in accordance with all applicable laws on the Effective Date and constitutes valid security with the ranking it is expressed to have. (g) Copies of all relevant insurance policies and evidence that these are in full force and effect. (h) All requested information required pursuant to the obligations of the Lender, together with any other additional documents, records and information that the Lender may be required to obtain, verify or review pursuant to the terms of any other applicable law or regulation. (i) All documentation or information on assets required to be provided under any Security Documents. (j) A copy of any other authorisation or other document, opinion or assurance which the Debentureholder considers (in good faith) to be Lender notifies the Borrowers is necessary (if it has notified the Issuer accordingly within a reasonable time prior to the Closing Date) or desirable in connection with the entry into and performance of the transactions contemplated by any Debenture Document or for the validity and enforceability of any Debenture DocumentFinance Documents. (gk) The satisfaction of Evidence reasonably satisfactory to the Lender that all of the Debentureholder’s governmental and regulatory consents and other clearances (including but not limited to tax clearances) and all third party consents and approvals necessary “know your customer” and/or in connection herewith or other similar checks under its internal requirements and Applicable Laws and regulations in relation to this Agreement, the Debentures and the transactions contemplated thereby and the Issuer has provided all such relevant information in relation theretocompetition or regulatory authority have been obtained. (hl) A written acceptance good standing certificate from each Obligor. For and on behalf of: /s/ Ion X. Xxxxxxxxxx By: I. Varouxakis By: Title: President Title: For and on behalf of the process agent mentioned in Clause 23.3 (Service /s/ Ion X. Xxxxxxxxxx By: I. Varouxakis Title: President Address: Fax: /s/ Ion X. Xxxxxxxxxx By: I. Varouxakis Title: President Address: Fax: /s/ Ion X. Xxxxxxxxxx By: I. Varouxakis Title: President Address: Fax: /s/ Ion X. Xxxxxxxxxx By: I. Varouxakis Title: President Address: Fax: For and on behalf of Process) /s/ Ion X. Xxxxxxxxxx By: I. Varouxakis Title: President Address: Fax: /s/ Ion X. Xxxxxxxxxx By: I. Varouxakis Title: President Address: Fax: /s/ Ion X. Xxxxxxxxxx By: I. Varouxakis Title: President Address: Fax: /s/ Ion X. Xxxxxxxxxx By: I. Varouxakis Title: President Address: Fax: For and on behalf of its appointment as set out in that Clause. (i) A group structure chart of the Issuer and its Subsidiaries. Schedule 3 Form of Debenture Certificate [ ] Schedule 4 Form of Transfer and Accession Deed/s/ Ion X. Xxxxxxxxxx By: I. Varouxakis By: Title: President Title: /s/ Ion X. Xxxxxxxxxx By: I. Varouxakis Title: President Address: Fax: /s/ Ion X. Xxxxxxxxxx By: I. Varouxakis Title: President Address: Fax: /s/ Ion X. Xxxxxxxxxx By: I. Varouxakis Title: President Address: Fax:

Other documents and evidence. 4.1 Evidence that Enstar (aEU) An executed copy Limited has accepted its appointment as process agent referred to in clause 42.2 (Service of each process) and confirmed it agrees and consents to the provisions of the Debenture Documents clause 41 (other than the Debenture CertificateGoverning law) and of clause 42 (Enforcement). 4.2 The Group Structure Chart. 4.3 Evidence that at least two Rating Agencies have publicly assigned a senior unsecured long-term and non-credit enhanced debt rating (bor equivalent) to the Parent of BBB- (or its equivalent) or higher. 4.4 A certificate dated the Closing Date and signed copy, certified by a Director an authorised signatory of the Issuer confirming Parent to be a true copy, of the matters specified in Clauses 4.1(a)(iii), 4.1(a)(iv), and 4.1(a)(v) (Conditions Precedent to Closing) of this AgreementOriginal Financial Statements. (c) A certificate of good standing or the equivalent dated within three Business Days of the Closing Date, in respect of the Issuer and each of the Material Subsidiaries. (d) A certificate of the transfer agent of the Issuer certifying: (i) that it has been duly appointed as the transfer agent and registrar for the Shares; and (ii) the issued and outstanding Shares. (e) Copies of correspondence received from the Stock Exchange indicating that the Issuer has obtained all necessary approvals for the Shares to be listed on the Stock Exchange, subject only to the satisfaction by the Issuer of such customary and standard post-closing conditions imposed by the Stock Exchange in similar circumstances. (f) 4.5 A copy of any other authorisation Authorisation or other document, opinion or assurance which the Debentureholder considers (in good faith) to be Agent notifies the Parent is necessary (if it has notified the Issuer accordingly within a reasonable time prior to the Closing Date) or desirable in connection with the entry into and performance of the transactions contemplated by any Debenture Finance Document or for the validity and enforceability of any Debenture Finance Document. (g) The satisfaction 4.6 Any information and evidence in respect of any Obligor required by any Finance Party to enable it to be satisfied with the results of all of the Debentureholder’s necessary “know your customer” and/or or other similar checks under its internal requirements and Applicable Laws and regulations which it is required to carry out in relation to such person. 4.7 A certificate of the Parent (signed by a director) certifying that all necessary or desirable Authorisations from any governmental authority or other regulatory body in connection with the entry into and performance of the transactions contemplated by any Finance Document (or for the validity or enforceability of any of those documents) have been obtained and are in full force and effect together with certified copies of those obtained. 4.8 Evidence that the arrangement fee and initial agency fee was paid on or before the date of this Agreement. 4.9 Evidence that all amounts due under the Existing Facility Agreement have or will on the first Utilisation Date be repaid in full and all Security relating to the Existing Facility Agreement has been released in full. 1. An Accession Letter (if relevant) executed by the Additional Obligor and the Parent. 2. A certified copy of the constitutional documents of the Additional Obligor, with such amendments as the Debentures Agent may reasonably require and in the case of each Obligor that is a U.S. Obligor, such constitutional documents shall be certified as of a recent date together with a certificate of good standing. 3. A certified copy of a resolution of the board of directors of the Additional Obligor: 3.1 approving the terms of, and the transactions contemplated thereby by, the Accession Letter and the Issuer has provided Finance Documents and resolving that it execute, deliver and perform the Accession Letter and any other Finance Document to which it is party; 3.2 authorising a specified person or persons to execute the Accession Letter and other Finance Documents on its behalf; 3.3 authorising a specified person or persons, on its behalf, to sign and/or despatch all such relevant information other documents and notices (including, in relation theretoto an Additional Borrower, any Utilisation Request) to be signed and/or despatched by it under or in connection with the Finance Documents to which it is a party; and 3.4 authorising the Parent to act as its agent in connection with the Finance Documents. (h) 4. A written acceptance specimen of the process agent mentioned signature of each person authorised by the resolution referred to in Clause 23.3 (Service of Process) of its appointment as set out in that Clauseparagraph 3 above. (i) A group structure chart of the Issuer and its Subsidiaries. Schedule 3 Form of Debenture Certificate [ ] Schedule 4 Form of Transfer and Accession Deed

Other documents and evidence. (a) An executed copy Evidence that the process agent referred to in Clause 39.2 (Service of each of the Debenture Documents (other than the Debenture Certificate).process) has accepted its appointment; (b) A certificate dated the Closing Date and signed by a Director of the Issuer confirming the matters specified in Clauses 4.1(a)(iii), 4.1(a)(iv), and 4.1(a)(v) (Conditions Precedent to Closing) of this Agreement. (c) A certificate of good standing or the equivalent dated within three Business Days of the Closing Date, in respect of the Issuer and each of the Material Subsidiaries. (d) A certificate of the transfer agent of the Issuer certifying: (i) that it has been duly appointed as the transfer agent and registrar for the Shares; and (ii) the issued and outstanding Shares. (e) Copies of correspondence received from the Stock Exchange indicating that the Issuer has obtained all necessary approvals for the Shares to be listed on the Stock Exchange, subject only to the satisfaction by the Issuer of such customary and standard post-closing conditions imposed by the Stock Exchange in similar circumstances. (f) A copy of any other authorisation Authorisation or other document, opinion (of Lenders’ counsel) or assurance which the Debentureholder Agent reasonably considers (in good faith) to be necessary (if it has notified the Issuer accordingly within a reasonable time prior to the Closing DateBorrower accordingly) in connection with the entry into and performance of the transactions contemplated by any Debenture Finance Document or for the validity and enforceability of any Debenture Finance Document.; (c) the Original Financial Statements; (d) evidence that the fees, costs and expenses then due from the Borrower pursuant to Clause 11 (Fees) and Clause 16 (Costs and expenses) have been paid or will be paid by the proposed Utilisation Date; (e) the Group Structure Chart; (f) a copy of all applicable Acquisition Documents; (g) The satisfaction of all of evidence that the Debentureholder’s necessary “know your customer” and/or other similar checks Acquisition Closing Date has occurred and no material conditions have been waived or consents given under its internal requirements and Applicable Laws and regulations in relation to this Agreement, the Debentures and the transactions contemplated thereby and the Issuer has provided all such relevant information in relation thereto.Acquisition Documents; (h) A written acceptance copies of all applicable Broadcasting Licences of the process agent mentioned in Clause 23.3 (Service of Process) of its appointment as set out in that Clause.Target Group; (i) A group structure chart certificate of closing indebtedness and disclosure schedule in relation to the Acquisition; (j) evidence, based on the Group’s annual forecast (in the form and substance satisfactory to the Agent), that the Group does not breach any Financial Covenant on a pro forma basis for the next four succeeding test dates; (k) copies of the Issuer latest annual audited financial statements of each Russian Obligor (if applicable) and its Subsidiaries. Schedule 3 Form the 2007 audited financial statements of Debenture Certificate [ ] Schedule 4 Form the Target Group (if available); (l) copies of Transfer and Accession Deedthe latest available financial statements of each Russian Obligor prepared in accordance with RAS; (m) extract from the Unified State Register Of Legal Entities in relation to each Russian Obligor issued by the competent tax authority no earlier than 30 days prior to the date of each of the Finance Documents; (n) an extract from the share register of the Borrower; and (o) such other documents or evidence as the Agent considers to be necessary or desirable (if it has notified the Borrower accordingly).

Other documents and evidence. (a) An executed A copy of each the Rules and a certificate of an authorised signatory of the Debenture Documents (other than Company confirming that the Debenture Certificate)copy of the Rules have not been amended and remain in full force and effect. (b) A certificate dated the Closing Date and signed by a Director certified copy of the Issuer form of Clearing Participant’s Agreement and security deed or a certificate of an authorised signatory of the Company confirming that the matters specified copy of the form of Clearing Participant’s Agreement and security deed previously delivered to the Facility Agent for the purposes of the Original Facility Agreement have not been amended and remain in Clauses 4.1(a)(iii), 4.1(a)(iv), full force and 4.1(a)(v) (Conditions Precedent to Closing) of this Agreementeffect. (c) A certificate Evidence that any process agent referred to in Clause 12.2 (Service of good standing or the equivalent dated within three Business Days of the Closing Date, in respect of the Issuer and each of the Material Subsidiariesprocess) has accepted its appointment. (d) A certificate of the transfer agent of the Issuer certifying: (i) that it has been duly appointed as the transfer agent and registrar for the Shares; and (ii) the issued and outstanding Shares. (e) Copies of correspondence received from the Stock Exchange indicating that the Issuer has obtained all necessary approvals for the Shares to be listed on the Stock Exchange, subject only to the satisfaction by the Issuer of such customary and standard post-closing conditions imposed by the Stock Exchange in similar circumstances. (f) A copy of any other authorisation Authorisation or other document, opinion or assurance which the Debentureholder considers (in good faith) Facility Agent, Security Agent or Lenders consider to be reasonably necessary or desirable (if it has they have notified the Issuer Company accordingly within a reasonable time prior to the Closing Datedate of this Agreement) in connection with the entry into and performance of the transactions contemplated by any Debenture Document this Agreement or for the validity and enforceability of this Agreement and any Debenture other Finance Document. (e) A copy of the Latest Financial Statements. (f) Evidence that the fees, costs and expenses then due from the Company pursuant to Clause 7 (Transaction expenses) and Clause 8 (Fees) have been paid or will be paid at the times and in the manner set out in the relevant Fee Letters. (g) The satisfaction Evidence of all a positive advice of any works council which has advisory rights in respect of the Debentureholder’s necessary “know your customer” and/or other similar checks under its internal requirements entry into and Applicable Laws and regulations in relation to this Agreement, the Debentures and performance of the transactions contemplated thereby in the Finance Documents. SECTION 1 INTERPRETATION 1. Definitions and the Issuer has provided all such relevant information in relation thereto. (h) A written acceptance interpretation 2 SECTION 2 THE FACILITY 2. The Facility 47 3. Purpose 54 4. Conditions of the process agent mentioned in Clause 23.3 (Service of Process) of its appointment as set out in that Clause. (i) A group structure chart of the Issuer and its Subsidiaries. Schedule Utilisation 55 SECTION 3 Form of Debenture Certificate [ ] Schedule 4 Form of Transfer and Accession DeedUTILISATION