Provision of financial and other information. The Borrowers will provide to the Agent (where appropriate, in sufficient copies for distribution to each of the Banks):- (A) within one hundred and eighty (180) days after the close of the relevant financial years, copies of the Audited Stena AB Financial Statements and of the Audited 77 Stena International Financial Statements and of the Audited Stena Switzerland Financial Statements for that financial year; (B) as soon as practicable, but in any event within ninety (90) days after 31 December 2004 and each of the dates falling quarterly thereafter (other than the final quarter of each financial year in respect of the Stena AB Group), certified copies of the unaudited consolidated management accounts of the Stena AB Group and of the Stena International Group for the preceding quarter or quarters of the relevant financial year together with sufficient details of the financial performance of the Restricted Group for that period to enable the Banks, the Standby Lender, the Issuing Banks and the Agent to monitor the compliance by the Borrowers and Stena AB with the financial covenants contained in Clause 14.13 (it being agreed, for the avoidance of doubt, that the details of the financial performance of the Restricted Group accompanying the aforesaid consolidated management accounts shall include the results of Bostads XX Xxxxx ("XXXXX") for so long as it remains a member of the Restricted Group); (C) promptly, such further information in the possession or control of the Borrowers or Stena AB regarding the financial condition and operations of the Stena AB Group and/or the Stena International Group as the Agent may reasonably request; (D) within one hundred and eighty (180) days after the beginning of each financial year of Stena AB, a copy of the annual financial projections for the Restricted Group for that financial year and the four (4) financial years falling thereafter (it being agreed, for the avoidance of doubt, that such financial projections shall include the financial projections for Drott for so long as it remains a member of the Restricted Group); (E) promptly after the making of such filing or report, a notice to the Agent of each filing or report made by Stena AB or any other member of the Stena AB Group with or to the U.S. Securities and Exchange Commission ("SEC") together with details of an e-mail link to the relevant page on "XXXXX" (the SEC's Electronic Data Gathering, Analysis and Retrieval system) on which a copy of such filing or report is contained; (F) within ninety (90) days after the end of each financial year of Stena AB, an Officer's Certificate substantially in the form of Schedule 10 (one of the signatories of which is the principal executive, financial or accounting officer of Stena AB), such certificate to attach such documents as the Agent shall reasonably require to support the statements made therein as to the compliance (or otherwise) of the Borrowers and Stena AB with their obligations under Clause 14.13; (G) as soon as practicable, but in any event within one hundred and twenty (120) days after the close of each financial year:- (i) a certificate from the chief financial officer of each Port Owner certifying the amount of earnings before interest, taxes, depreciation and amortisation during the previous twelve (12) month period of each Mortgaged Port owned by the Port Owner; and (ii) copies of the unaudited management accounts of each Port Owner for such financial year showing the earnings before interest, taxes, depreciation and amortisation of each such Port such documents to be in a form reasonably acceptable to the Agent so that, if they are not so acceptable, the Borrowers shall, if requested by the Agent, procure that an auditor's certificate and/or audited accounts are delivered to the Agent showing the earnings before interest, taxes, depreciation and amortisation of each Mortgaged Port as referred to in paragraph (i) above. The Borrowers and Stena AB may satisfy their obligation to provide information to the Agent under this Clause 14.2 by posting this information onto an electronic website designated by the Borrowers, Stena AB and the Agent (the "DESIGNATED WEBSITE") if:-
Appears in 1 contract
Samples: Loan Agreement (Stena Ab)
Provision of financial and other information. The Borrowers will provide to the Agent (where appropriate, in sufficient copies for distribution to each of the Banks):-
(A) within one hundred and eighty (180) days after the close of the relevant financial years, copies of the Audited Stena AB Financial Statements and of the Audited 77 Stena International Financial Statements and of the Audited Stena Switzerland Financial Statements for that financial year;Audited
(B) as soon as practicable, but in any event within ninety (90) days after 31 December 2004 and each of the dates falling quarterly thereafter (other than the final quarter of each financial year in respect of the Stena AB Group), certified copies of the unaudited consolidated management accounts of the Stena AB Group and of the Stena International Group for the preceding quarter or quarters of the relevant financial year together with sufficient details of the financial performance of the Restricted Group for that period to enable the Banks, the Standby Lender, the Issuing Banks and the Agent to monitor the compliance by the Borrowers and Stena AB with the financial covenants contained in Clause 14.13 (it being agreed, for the avoidance of doubt, that the details of the financial performance of the Restricted Group accompanying the aforesaid consolidated management accounts shall include the results of Bostads XX Xxxxx ("XXXXXDROTT") for so long as it remains a member of the Restricted Group);
(C) promptly, such further information in the possession or control of the Borrowers or Stena AB regarding the financial condition and operations of the Stena AB Group and/or the Stena International Group as the Agent may reasonably request;
(D) within one hundred and eighty (180) days after the beginning of each financial year of Stena AB, a copy of the annual financial projections for the Restricted Group for that financial year and the four (4) financial years falling thereafter (it being agreed, for the avoidance of doubt, that such financial projections shall include the financial projections for Drott for so long as it remains a member of the Restricted Group);
(E) promptly after the making of such filing or report, a notice to the Agent of each filing or report made by Stena AB or any other member of the Stena AB Group with or to the U.S. Securities and Exchange Commission ("SEC") together with details of an e-mail link to the relevant page on "XXXXX" (the SEC's Electronic Data Gathering, Analysis and Retrieval system) on which a copy of such filing or report is contained;
(F) within ninety (90) days after the end of each financial year of Stena AB, an Officer's Certificate substantially in the form of Schedule 10 (one of the signatories of which is the principal executive, financial or accounting officer of Stena AB), such certificate to attach such documents as the Agent shall reasonably require to support the statements made therein as to the compliance (or otherwise) of the Borrowers and Stena AB with their obligations under Clause 14.13;
(G) as soon as practicable, but in any event within one hundred and twenty (120) days after the close of each financial year:-
(i) a certificate from the chief financial officer of each Port Owner certifying the amount of earnings before interest, taxes, depreciation and amortisation during the previous twelve (12) month period of each Mortgaged Port owned by the Port Owner; and
(ii) copies of the unaudited management accounts of each Port Owner for such financial year showing the earnings before interest, taxes, depreciation and amortisation of each such Port such documents to be in a form reasonably acceptable to the Agent so that, if they are not so acceptable, the Borrowers shall, if requested by the Agent, procure that an auditor's certificate and/or audited accounts are delivered to the Agent showing the earnings before interest, taxes, depreciation and amortisation of each Mortgaged Port as referred to in paragraph (i) above. The Borrowers and Stena AB may satisfy their obligation to provide information to the Agent under this Clause 14.2 by posting this information onto an electronic website designated by the Borrowers, Stena AB and the Agent (the "DESIGNATED WEBSITE") if:-
Appears in 1 contract
Samples: Loan Agreement (Stena Ab)
Provision of financial and other information. The Borrowers Borrower will provide to the Agent (where appropriate, in sufficient copies for distribution to each of the Banks):-Banks:-
(A) within one hundred and eighty (180) days after the close of the relevant financial years, copies of the Audited Stena AB Financial Statements and of the Audited 77 Stena International Financial Statements and of the Audited Stena Switzerland Financial Statements for that financial year;
(B) as soon as practicable, but in any event within ninety (90) days after 31 December 2004 30 September 2001 and each of the dates falling quarterly thereafter (other than the final quarter of each financial year in respect of the Stena AB Groupyear), certified copies of the unaudited consolidated management accounts of the Stena AB Group and of the Stena International Group for the preceding quarter or quarters of the relevant financial year together with sufficient details of the financial performance of the Restricted Group for that period to enable the Banks, the Standby Lender, the Issuing Banks and the Agent to monitor the compliance by the Borrowers and Stena AB with the financial covenants contained in Clause 14.13 (it being agreed, for the avoidance of doubt, that the details of the financial performance of the Restricted Group accompanying the aforesaid consolidated management accounts shall include the results of Bostads XX Xxxxx ("XXXXX") for so long as it remains a member of the Restricted Group)quarter;
(C) promptly, such further information in the possession or control of the Borrowers Borrower or Stena AB regarding the financial condition and operations of the Stena AB Group and/or the Stena International Group as the Agent may reasonably request;
(D) within one hundred and eighty (180) days after the beginning of each financial year of Stena AB, a copy of the annual financial projections for the Restricted Group for that financial year and the four (4) financial years falling thereafter (it being agreed, for the avoidance of doubt, that such financial projections shall include the financial projections for Drott for so long as it remains a member of the Restricted Group);
(E) promptly after the making of such filing or report, a notice to the Agent of each filing or report made by Stena AB or any other member of the Stena AB Group with or to the U.S. Securities and Exchange Commission ("SEC") together with details of an e-mail link to the relevant page on "XXXXX" (the SEC's Electronic Data Gathering, Analysis and Retrieval system) on which a copy of such filing or report is contained;
(F) within ninety (90) days after the end of each financial year of Stena AB, an Officer's Certificate substantially in the form of Schedule 10 (one of the signatories signors of which is the principal executive, financial or accounting officer of Stena AB), such certificate to attach such documents as the Agent shall reasonably require to support the statements made therein as stating whether or not to the compliance (or otherwise) best knowledge of the Borrowers and signors thereof, Stena AB with their obligations under Clause 14.13is in default in the performance and observance of any of the terms, provisions and conditions of Clauses 10.6, 10.7, 10.8, 10.9, 10.10, 10.11, 10.14, 10.17, 10.20 and 10.21 and, if Stena AB shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge;
(GE) as soon as practicable, but in any event within one hundred and twenty (120) days after the close of each financial year:-
(i) a certificate from the chief financial officer of each Port Owner certifying the amount of earnings before interest, taxes, depreciation and amortisation during the previous twelve (12) month period of each Mortgaged Port owned by the Port Owner; and
(ii) copies of the unaudited management accounts of each Port Owner for such financial year showing the earnings before interest, taxes, depreciation and amortisation of each such Port such documents to be in a form reasonably acceptable to the Agent so that, if they are not so acceptable, the Borrowers Borrower shall, if requested by the Agent, procure that an auditor's certificate and/or audited accounts are delivered to the Agent showing the earnings before interest, taxes, depreciation and amortisation of each Mortgaged Port as referred to in paragraph (i) above. The Borrowers , and
(F) not later than 28 September 2001 in respect of the position as at 30 June 2001 and Stena AB may satisfy their obligation to provide information to thereafter within ninety (90) days after 31 December 2001 and each of the dates falling at six (6) monthly intervals thereafter or, if the Agent under so requests in writing pursuant to Clause 10.21(B), within ninety (90) days after the end of any other relevant financial quarter (or (if later) within ten (10) business days in Gothenburg (excluding public holidays, Saturdays and Sundays) of receipt of the Agent's written request), an Officer's Certificate together with the method of the calculation of the asset coverage ratio and all supporting documents, in substantially the form set out in Schedule 21 in respect of the asset coverage ratio set out in Clause 10.21(A) confirming:-
(i) the respective amounts of the Appraised Value of Restricted Group Assets, Secured Debt, Strategic Investments, Cash and Marketable Securities, Net Market Value of the Unrestricted Group, Other Assets and Working Capital, Available Asset Value and Unsecured Debt (as each of those terms is defined in Clause 10.21(C)) as at the relevant date and that such amounts were calculated in accordance with this Clause 14.2 by posting this information onto an electronic website designated by Agreement and Swedish GAAP; and
(ii) the Borrowers, Stena AB amounts of the valuations of the assets comprised in the calculation of the Available Asset Value (including a list of each of the vessels and the Agent (the "DESIGNATED WEBSITE") if:-ports and their respective valuations).
Appears in 1 contract
Samples: Facility Agreement (Stena Ab)
Provision of financial and other information. The Borrowers Borrower will provide to the Agent (where appropriate, in sufficient copies for distribution to each of the Banks):-Banks:-
(A) within one hundred and eighty (180) days after the close of the relevant financial years, copies of the Audited Stena AB Financial Statements and of the Audited 77 Stena International Financial Statements and of the Audited Stena Switzerland Financial Statements for that financial year;
(B) as soon as practicable, but in any event within ninety (90) days after 31 December 2004 2002 and each of the dates falling quarterly thereafter (other than the final quarter of each financial year in respect of the Stena AB Groupyear), certified copies of the unaudited consolidated management accounts of the Stena AB Group and of the Stena International Group for the preceding quarter or quarters of the relevant financial year together with sufficient details of the financial performance of the Restricted Group for that period to enable the Banks, the Standby Lender, the Issuing Banks and the Agent to monitor the compliance by the Borrowers and Stena AB with the financial covenants contained in Clause 14.13 (it being agreed, for the avoidance of doubt, that the details of the financial performance of the Restricted Group accompanying the aforesaid consolidated management accounts shall include the results of Bostads XX Xxxxx ("XXXXX") for so long as it remains a member of the Restricted Group)quarter;
(C) promptly, such further information in the possession or control of the Borrowers Borrower or Stena AB regarding the financial condition and operations of the Stena AB Group and/or the Stena International Group as the Agent may reasonably request;
(D) within one hundred and eighty (180) days after the beginning of each financial year of Stena AB, a copy of the annual financial projections for the Restricted Group for that financial year and the four (4) financial years falling thereafter (it being agreed, for the avoidance of doubt, that such financial projections shall include the financial projections for Drott for so long as it remains a member of the Restricted Group);
(E) promptly after the making of such filing or report, a notice to the Agent of each filing or report made by Stena AB or any other member of the Stena AB Group with or to the U.S. Securities and Exchange Commission ("SEC") together with details of an e-mail link to the relevant page on "XXXXX" (the SEC's Electronic Data Gathering, Analysis and Retrieval system) on which a copy of such filing or report is contained;
(F) within ninety (90) days after the end of each financial year of Stena AB, an Officer's Certificate substantially in the form of Schedule 10 (one of the signatories signors of which is the principal executive, financial or accounting officer of Stena AB), such certificate to attach such documents as the Agent shall reasonably require to support the statements made therein as stating whether or not to the compliance (or otherwise) best knowledge of the Borrowers and signors thereof, Stena AB with their obligations under Clause 14.13is in default in the performance and observance of any of the terms, provisions and conditions of Clauses 14.6, 14.7, 14.8, 14.9, 14.10, 14.11, 14.14, 14.17, 14.20 and 14.21 and, if Stena AB shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge;
(GE) as soon as practicable, but in any event within one hundred and twenty (120) days after the close of each financial year:-
(i) a certificate from the chief financial officer of each Port Owner certifying the amount of earnings before interest, taxes, depreciation and amortisation during the previous twelve (12) month period of each Mortgaged Port owned by the Port Owner; and
(ii) copies of the unaudited management accounts of each Port Owner for such financial year showing the earnings before interest, taxes, depreciation and amortisation of each such Port such documents to be in a form reasonably acceptable to the Agent so that, if they are not so acceptable, the Borrowers Borrower shall, if requested by the Agent, procure that an auditor's certificate and/or audited accounts are delivered to the Agent showing the earnings before interest, taxes, depreciation and amortisation of each Mortgaged Port as referred to in paragraph (i) above. The Borrowers ,
(F) not later than the Availability Date in respect of the position as at 30 June 2002 and Stena AB may satisfy thereafter within ninety (90) days after 31 December 2002 and each of the dates falling at six (6) monthly intervals thereafter, an Officer's Certificate together with the method of the calculation of the Free Net Worth and all supporting documents, in substantially the form set out in Schedule 11 in respect of the Free Net Worth test set out in Clause 14.21(A) confirming:-
(i) the respective amounts of the Appraised Value of Restricted Group Assets, Secured Debt, Strategic Investments, Cash and Marketable Securities, Other Assets and Working Capital, Available Asset Value and Unsecured Debt (as each of those terms is defined in Clause 14.21(C)) as at the relevant date and that such amounts were calculated in accordance with this Agreement and Swedish GAAP; and
(ii) the amounts of the valuations of the assets comprised in the calculation of the Available Asset Value (including a list of each of the vessels and ports and their obligation to provide information to the Agent under this Clause 14.2 by posting this information onto an electronic website designated by the Borrowers, Stena AB and the Agent (the "DESIGNATED WEBSITE") if:-respective valuations).
Appears in 1 contract
Samples: Facility Agreement (Stena Ab)