Common use of UNDERTAKINGS OF THE ISSUER IN RESPECT OF THE SECURITY Clause in Contracts

UNDERTAKINGS OF THE ISSUER IN RESPECT OF THE SECURITY. The Issuer undertakes vis-à-vis the Security Trustee: (a) not to sell the Security and to refrain from all actions and failure to act (excluding the collection and enforcement of the Security in the ordinary course of business) which may result in a significant (wesentlichen) decrease in the aggregate value or in a loss of the Security; to the extent that there are indications that a Transaction Creditor does not properly fulfil its obligations under a Transaction Document, the Issuer will in particular exercise the due care from a prudent merchant (Sorgfalt eines ordentlichen Kaufmanns) to take all necessary action to prevent the Security or their value from being jeopardised; (b) upon request of the Security Trustee, to mark in its accounting records the transfer for security purposes and the pledge to the Security Trustee and to disclose to third parties having a legal interest in becoming aware of the transfer for security purposes and the pledge that the transfer for security purposes and the pledge has taken place; (c) promptly to notify the Security Trustee if the rights of the Security Trustee in the Security are impaired or jeopardised by way of an attachment or other actions of third parties, by sending a copy of the attachment or transfer order or of any other document on which the enforcement of the third party is based, as well as all further documents which are required or useful to enable the Security Trustee to file proceedings and take other actions in defence of its rights. In addition, the Issuer shall promptly inform the attachment creditor and other third parties in writing of the rights of the Security Trustee in the Security; and (d) to permit the Security Trustee or its representatives to inspect its books and records at any time during usual business hours for purposes of verifying and enforcing the Security, to give any information necessary for such purpose, and to make the relevant records available for inspection.

UNDERTAKINGS OF THE ISSUER IN RESPECT OF THE SECURITY. The Issuer undertakes vis-à-vis the Security Trustee: (a) not to sell the Security and to refrain from all actions and failure to act (excluding the collection and enforcement of the Security in the ordinary course of business) which may result in a significant (wesentlichen) material decrease in the aggregate value or in a loss of the Security; to the extent that there are indications that a Transaction Creditor does not properly fulfil its obligations under a Transaction Document, the Issuer will in particular exercise the due care from of a prudent merchant (die Sorgfalt eines ordentlichen Kaufmanns) to take all necessary action to prevent the Security or their value from being jeopardised; (b) upon request of the Security Trustee, to mark in its accounting records books and documents the transfer for security purposes and the pledge pledges to the Security Trustee and to disclose to third parties having a legal interest in becoming aware of the transfer for security purposes and the pledge pledges that the transfer for security purposes and the pledge has pledges have taken place; (c) promptly to notify the Security Trustee if the rights of the Security Trustee in the Security are impaired or jeopardised by way of an attachment or other actions of third parties, by sending a copy of the attachment or transfer order or of any other document on which the enforcement of the third party is based, as well as all further documents which are required or useful to enable the Security Trustee to file proceedings and take other actions in defence of its rights. In addition, the Issuer shall promptly inform the attachment creditor and other third parties in writing writing, including by e-mail, of the rights of the Security Trustee in the Security; and; (d) to permit the Security Trustee or its representatives to inspect its books and records at any time during usual business hours for purposes of verifying and enforcing the Security, to give any information necessary for such purpose, and to make the relevant records available for inspection; and (e) to enter into alternative security arrangements pursuant to which the Security Trustee benefits from a valid, binding and enforceable security right over the assets assigned or pledged pursuant to clauses 5 (Assignment for Security Purposes) and 6 (Pledge) hereof in case that the arrangements under clauses 5 (Assignment for Security Purposes) and 6 (Pledge) are not regarded as valid under the laws of a jurisdiction other than Germany.

UNDERTAKINGS OF THE ISSUER IN RESPECT OF THE SECURITY. The Issuer undertakes vis-à-vis the Security Trustee: (a) not to sell the Security and to refrain from all actions and failure to act (excluding the collection and enforcement of the Security in the ordinary course of business) which may result in a significant (wesentlichen) decrease in the aggregate value or in a loss of the Security; to the extent that there are indications that a Transaction Creditor does not properly fulfil its obligations under a Transaction Document, the Issuer will in particular exercise the due care from a prudent merchant (Sorgfalt eines ordentlichen Kaufmanns) to take all necessary action to prevent the Security or their value from being jeopardised; (b) upon request of the Security Trustee, to mark in its accounting records the transfer for security purposes and the pledge to the Security Trustee and to disclose to third parties having a legal interest in becoming aware of the transfer for security purposes and the pledge that the transfer for security purposes and the pledge has taken place; (c) promptly to notify the Security Trustee if the rights of the Security Trustee in the Security are impaired or jeopardised by way of an attachment or other actions of third parties, by sending a copy of the attachment or transfer order or of any other document on which the enforcement of the third party is based, as well as all further documents which are required or useful to enable the Security Trustee to file proceedings and take other actions in defence of its rights. In addition, the Issuer shall promptly inform the attachment creditor and other third parties in writing writing, including by e-mail, of the rights of the Security Trustee in the Security; and (d) to permit the Security Trustee or its representatives to inspect its books and records at any time during usual business hours for purposes of verifying and enforcing the Security, to give any information necessary for such purpose, and to make the relevant records available for inspection.

UNDERTAKINGS OF THE ISSUER IN RESPECT OF THE SECURITY. The Issuer undertakes vis-à-vis the Security Trustee: (a) not to sell the Security and to refrain from all actions and failure to act (excluding the collection and enforcement of the Security in the ordinary course of business) which may result in a significant (wesentlichen) material decrease in the aggregate value or in a loss of the Security; to the extent that there are indications that a Transaction Creditor does not properly fulfil its obligations under a Transaction Document, the Issuer will in particular exercise the due care from of a prudent merchant (die Sorgfalt eines ordentlichen Kaufmanns) to take all necessary action to prevent the Security or their value from being jeopardised; (b) upon request of the Security Trustee, to mark in its accounting records books and documents the transfer for security purposes and the pledge pledges to the Security Trustee and to disclose to third parties having a legal interest in becoming aware of the transfer for security purposes and the pledge pledges that the transfer for security purposes and the pledge has pledges have taken place; (c) promptly to notify the Security Trustee if the rights of the Security Trustee in the Security are impaired or jeopardised by way of an attachment or other actions of third parties, by sending a copy of the attachment or transfer order or of any other document on which the enforcement of the third party is based, as well as all further documents which are required or useful to enable the Security Trustee to file proceedings and take other actions in defence of its rights. In addition, the Issuer shall promptly inform the attachment creditor and other third parties in writing of the rights of the Security Trustee in the Security; and; (d) to permit the Security Trustee or its representatives to inspect its books and records at any time during usual business hours for purposes of verifying and enforcing the Security, to give any information necessary for such purpose, and to make the relevant records available for inspection; and (e) to enter into alternative security arrangements pursuant to which the Security Trustee benefits from a valid, binding and enforceable security right over the assets assigned or pledged pursuant to clauses 5 (Assignment for Security Purposes) and 6 (Pledge) hereof in case that the arrangements under clauses 5 (Assignment for Security Purposes) and 6 (Pledge) are not regarded as valid under the laws of a jurisdiction other than Germany.

UNDERTAKINGS OF THE ISSUER IN RESPECT OF THE SECURITY. The Issuer undertakes vis-à-vis the Security Trustee:‌ (a) not to sell the Security and to refrain from all actions and failure to act (excluding the collection and enforcement of the Security in the ordinary course of business) which may result in a significant (wesentlichen) decrease in the aggregate value or in a loss of the Security; to the extent that there are indications that a Transaction Creditor does not properly fulfil its obligations under a Transaction Document, the Issuer will in particular exercise the due care from a prudent merchant (Sorgfalt eines ordentlichen Kaufmanns) to take all necessary action to prevent the Security or their value from being jeopardised; (b) upon request of the Security Trustee, to mark in its accounting records the transfer for security purposes and the pledge to the Security Trustee and to disclose to third parties having a legal interest in becoming aware of the transfer for security purposes and the pledge that the transfer for security purposes and the pledge has taken place;third (c) promptly to notify the Security Trustee if the rights of the Security Trustee in the Security are impaired or jeopardised by way of an attachment or other actions of third parties, by sending a copy of the attachment or transfer order or of any other document on which the enforcement of the third party is based, as well as all further documents which are required or useful to enable the Security Trustee to file proceedings and take other actions in defence of its rights. In addition, the Issuer shall promptly inform the attachment creditor and other third parties in writing writing, including by e-mail, of the rights of the Security Trustee in the Security; and (d) to permit the Security Trustee or its representatives to inspect its books and records at any time during usual business hours for purposes of verifying and enforcing the Security, to give any information necessary for such purpose, and to make the relevant records available for inspection.

UNDERTAKINGS OF THE ISSUER IN RESPECT OF THE SECURITY. The Issuer undertakes vis-à-vis the Security Trustee: (a) not to sell the Security and to refrain from all actions and failure to act (excluding the collection and enforcement of the Security in the ordinary course of business) which may result in a significant (wesentlichen) material decrease in the aggregate value or in a loss of the Security; to the extent that there are indications that a Transaction Creditor does not properly fulfil its obligations under a Transaction Document, the Issuer will in particular exercise the due care from of a prudent merchant (die Sorgfalt eines ordentlichen Kaufmanns) to take all necessary action to prevent the Security or their value from being jeopardised; (b) upon request of the Security Trustee, to mark in its accounting records books and documents the transfer for security purposes and the pledge pledges to the Security Trustee and to disclose to third parties having a legal interest in becoming aware of the transfer for security purposes and the pledge pledges that the transfer for security purposes and the pledge has pledges have taken place; (c) promptly to notify the Security Trustee if the rights of the Security Trustee in the Security are impaired or jeopardised by way of an attachment or other actions of third parties, by sending a copy of the attachment or transfer order or of any other document on which the enforcement of the third party is based, as well as all further documents which are required or useful to enable the Security Trustee to file proceedings and take other actions in defence of its rights. In addition, the Issuer shall promptly inform the attachment creditor and other third parties in writing writing, including by email, of the rights of the Security Trustee in the Security; and; (d) to permit the Security Trustee or its representatives to inspect its books and records at any time during usual business hours for purposes of verifying and enforcing the Security, to give any information necessary for such purpose, and to make the relevant records available for inspection; and (e) to enter into alternative security arrangements pursuant to which the Security Trustee benefits from a valid, binding and enforceable security right over the assets assigned or pledged pursuant to clauses 5 (Assignment for Security Purposes) and 6 (Pledge) hereof in case that the arrangements under clauses 5 (Assignment for Security Purposes) and 6 (Pledge) are not regarded as valid under the laws of a jurisdiction other than Germany.

UNDERTAKINGS OF THE ISSUER IN RESPECT OF THE SECURITY. The Issuer undertakes vis-à-vis the Security Trustee: (a) not to sell the Security and to refrain from all actions and failure to act (excluding the collection and enforcement of the Security in the ordinary course of business) which may result in a significant (wesentlichen) material decrease in the aggregate value or in a loss of the Security; to the extent that there are indications that a Transaction Creditor does not properly fulfil its obligations under a Transaction Document, the Issuer will in particular exercise the due care from of a prudent merchant (die Sorgfalt eines ordentlichen Kaufmanns) to take all necessary action to prevent the Security or their value from being jeopardised; (b) upon request of the Security Trustee, to mark xxxx in its accounting records books and documents the transfer for security purposes and the pledge pledges to the Security Trustee and to disclose to third parties having a legal interest in becoming aware of the transfer for security purposes and the pledge pledges that the transfer for security purposes and the pledge has pledges have taken place; (c) promptly to notify the Security Trustee if the rights of the Security Trustee in the Security are impaired or jeopardised by way of an attachment or other actions of third parties, by sending a copy of the attachment or transfer order or of any other document on which the enforcement of the third party is based, as well as all further documents which are required or useful to enable the Security Trustee to file proceedings and take other actions in defence of its rights. In addition, the Issuer shall promptly inform the attachment creditor and other third parties in writing writing, including by e-mail, of the rights of the Security Trustee in the Security; and; (d) to permit the Security Trustee or its representatives to inspect its books and records at any time during usual business hours for purposes of verifying and enforcing the Security, to give any information necessary for such purpose, and to make the relevant records available for inspection; and (e) to enter into alternative security arrangements pursuant to which the Security Trustee benefits from a valid, binding and enforceable security right over the assets assigned or pledged pursuant to clauses 5 (Assignment for Security Purposes) and 6 (Pledge) hereof in case that the arrangements under clauses 5 (Assignment for Security Purposes) and 6 (Pledge) are not regarded as valid under the laws of a jurisdiction other than Germany.