Common use of Visits by the Bank Clause in Contracts

Visits by the Bank. (a) The Borrower shall allow persons designated by the Bank and, when either required by the relevant mandatory provisions of EU law or pursuant to the EFSI Regulation, the competent EU institutions including the European Court of Auditors, the Commission, the European Anti-Fraud Office, as well as persons designated by the foregoing: (i) to visit the sites, installations and works comprising the Investment; (ii) to interview representatives of the Borrower, and not obstruct contacts with any other person involved in or affected by the Investment; and (iii) to conduct such on the spot audits and checks as they may wish and review the Borrower's books and records in relation to the execution of the Investment and to be able to take copies of related documents to the extent not prohibited by the law. (b) The Borrower shall provide the Bank, or ensure that the Bank is provided, with all necessary assistance for the purposes described in this Article. \\1076678 0000-0000-0000 v7 Hogan Lovells (c) In the case of a genuine allegation, complaint or information with regard to Illegal Activities related to the Loan and/or the Investment, the Borrower shall consult with the Bank in good faith regarding appropriate actions. In particular, if it is proven that a third party committed Illegal Activities in connection with the Loan and/or the Investment with the result that the Loan or the EFSI financing were misapplied, the Bank may, without prejudice to the other provisions of this Contract, inform the Borrower if, in its view, the Borrower should take appropriate recovery measures against such third party. In any such case, the Borrower shall in good faith consider the Bank's views and keep the Bank informed.

Appears in 1 contract

Samples: Amendment Agreement (Nanobiotix S.A.)

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Visits by the Bank. (a) The Borrower Each Obligor shall allow persons designated by the Bank and, when either required by the relevant mandatory provisions of EU law or pursuant to the EFSI RegulationHorizon 2020 Legal Basis, the competent EU institutions including as applicable, the European Court of Auditors, the Commission, the European Anti-Fraud Office, and the European Public Prosecutor’s Office, as well as persons designated by the foregoing:, (i) to visit the sites, installations and works comprising the Investment; (ii) to interview representatives of the Borrowereach Obligor, and not obstruct contacts with any other person involved in or affected by the Investment; and (iii) to conduct such investigations, inspections, on the spot audits and checks as they may wish and review the Borrower's Obligors’ books and records in relation to the execution of the Investment and to be able to take copies of related documents to the extent not prohibited by the law. (b) The Borrower Each Obligor shall provide the Bank, or ensure that the Bank is provided, with all necessary assistance for the purposes described in this Article. \\1076678 0000-0000-0000 v7 Hogan LovellsParagraph 3 (Visits by the Bank). (c) In the case of a genuine allegation, complaint or information with regard to Illegal Activities Criminal Offences related to the Loan and/or the Investment, the Borrower shall consult with the Bank in good faith regarding appropriate actions. In particular, if it is proven that a third party committed Illegal Activities a Criminal Offence in connection with the Loan and/or the Investment Project with the result that the Loan or the EFSI financing were was misapplied, the Bank may, without prejudice to the other provisions of this Contract, inform the Borrower if, in its view, the Borrower should take appropriate recovery measures against such third party. In any such case, the Borrower shall in good faith consider the Bank's ’s views and keep the Bank informed.

Appears in 1 contract

Samples: Finance Contract (Immunic, Inc.)

Visits by the Bank. (a) The Borrower Each Obligor shall allow persons designated by the Bank and, when either required by the relevant mandatory provisions of EU law or pursuant to the EFSI InvestEU Regulation, the competent EU institutions including the European Court of Auditors, the European Commission, the European Anti-Fraud Office, the European Public Prosecutor’s Office as well as persons designated by the foregoing:foregoing (each a “Relevant Party”): (i) to visit the sites, installations and works comprising the Investment; (ii) to interview representatives of the Borrowereach Obligor, and not obstruct contacts with any other person involved in or affected by the Investment; and (iii) to conduct such investigations, inspections, on the spot audits and checks as they may wish and review the Borrower's Obligors’ books and records in relation to the execution of the Investment and to be able to take copies of related documents to the extent not prohibited by the law. (b) The Borrower Each Obligor shall provide the BankBank and any Relevant Party, or ensure that the Bank and any Relevant Party is provided, with all necessary assistance for the purposes described in this Article. \\1076678 0000-0000-0000 v7 Hogan LovellsParagrah 3 (Visits by the Bank), including access to information, facilities and documentation for the purposes described in this paragraph. (c) In the case of a genuine allegation, complaint or information with regard to Illegal Activities related to the Loan and/or the Investment, the Borrower shall consult with the Bank in good faith regarding appropriate actions. In particular, if it is proven that a third party committed Illegal Activities in connection with the Loan and/or the Investment with the result that the Loan or the EFSI financing were was misapplied, the Bank may, without prejudice to the other provisions of this Contract, inform the Borrower if, in its view, the Borrower should take appropriate recovery measures against such third party. In any such case, the Borrower shall in good faith consider the Bank's ’s views and keep the Bank informed.

Appears in 1 contract

Samples: Finance Contract (Cellectis S.A.)

Visits by the Bank. (a) The Borrower shall allow persons designated by the Bank and, when either required by the relevant mandatory provisions of EU European Union law or pursuant to the EFSI Regulation, the competent EU European Union institutions including the European Court of Auditors, the European Commission, the European Anti-Fraud Office, as well as persons designated by the foregoingforegoing to: (ia) to visit the sites, installations and works comprising the InvestmentProject; (iib) to interview representatives of the Borrower, any other member of the Group and/or any Guarantor, and not obstruct contacts with any other person involved in or affected by the InvestmentProject; and (iiic) to conduct such on the spot audits and checks as they may wish and review the Borrower's ’s, any other member of the Group and/or each Guarantor’s books and records in relation to the execution of the Investment Project and to be able to take copies of related documents to the extent not prohibited permitted by the law. (b) . The Borrower shall provide the Bank, or ensure that the Bank is provided, with all necessary assistance for the purposes described in this ArticleArticle 8.03. \\1076678 0000-0000-0000 v7 Hogan Lovells (c) In the case of a genuine allegation, complaint or information with regard to Illegal Activities related to the Loan and/or the InvestmentProject, the Borrower shall consult with the Bank in good faith regarding appropriate actions. In particular, if it is proven that a third party committed Illegal Activities in connection with the Loan and/or the Investment Project with the result that the Loan or the EFSI financing were misapplied, the Bank may, without prejudice to the other provisions of this Contract, inform the Borrower if, in its view, the Borrower should take appropriate recovery measures against such third party. In any such case, the Borrower shall in good faith consider the Bank's ’s views and keep the Bank informed.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Opgen Inc)

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Visits by the Bank. (a) The Borrower Each Obligor shall allow persons designated by the Bank and, when either required by the relevant mandatory provisions of EU law or pursuant to the EFSI RegulationHorizon 2020 Legal Basis, the competent EU institutions including the European Court of Auditors, the Commission, the European Anti-Fraud Office, the European Public Prosecutor’s Office as well as persons designated by the foregoing: (i) to visit the sites, installations and works comprising the Investment; (ii) to interview representatives of the Borrowereach Obligor, and not obstruct contacts with any other person involved in or affected by the Investment; and (iii) to conduct such investigations, inspections, on the spot audits and checks as they may wish and review the Borrower's Obligors’ books and records in relation to the execution of the Investment and to be able to take copies of related documents to the extent not prohibited by the law. (b) The Borrower Each Obligor shall provide the Bank, or ensure that the Bank is provided, with all necessary assistance for the purposes described in this Article. \\1076678 0000-0000-0000 v7 Hogan LovellsParagrah 3 (Visits by the Bank). (c) In the case of a genuine allegation, complaint or information with regard to Illegal Activities Criminal Offences related to the Loan and/or the Investment, the Borrower shall consult with the Bank in good faith regarding appropriate actions. In particular, if it is proven that a third party committed Illegal Activities Criminal Offences in connection with the Loan and/or the Investment with the result that the Loan or the EFSI financing under the Horizon 2020 Framework EU Programme were misapplied, the Bank may, without prejudice to the other provisions of this Contract, inform the Borrower if, in its reasonable view, the Borrower should take appropriate recovery measures against such third party. In any such case, the Borrower shall in good faith consider the Bank's ’s views and keep the Bank informed.

Appears in 1 contract

Samples: Finance Contract (Brenmiller Energy Ltd.)

Visits by the Bank. (a) The Borrower shall allow persons designated by the Bank and, when either required by the relevant mandatory provisions of EU European Union law or pursuant to the EFSI Regulation, the competent EU European Union institutions including the European Court of Auditors, the European Commission, the European Anti-Fraud Office, as well as persons designated by the foregoingforegoing to: (ia) to visit the sites, installations and works comprising the InvestmentProject; (iib) to interview representatives of the Borrower, any other member of the Group and/or any Guarantor, and not obstruct contacts with any other person involved in or affected by the InvestmentProject; and (iiic) to conduct such on the spot audits and checks as they may wish and review the Borrower's, any other member of the Group and/or each Guarantor's books and records in relation to the execution of the Investment Project and to be able to take copies of related documents to the extent not prohibited permitted by the law. (b) . The Borrower shall provide the Bank, or ensure that the Bank is provided, with all necessary assistance for the purposes described in this ArticleArticle 8.03. \\1076678 0000-0000-0000 v7 Hogan Lovells (c) In the case of a genuine allegation, complaint or information with regard to Illegal Activities related to the Loan and/or the InvestmentProject, the Borrower shall consult with the Bank in good faith regarding appropriate actions. In particular, if it is proven that a third party committed Illegal Activities in connection with the Loan and/or the Investment Project with the result that the Loan or the EFSI financing were misapplied, the Bank may, without prejudice to the other provisions of this Contract, inform the Borrower if, in its view, the Borrower should take appropriate recovery measures against such third party. In any such case, the Borrower shall in good faith consider the Bank's views and keep the Bank informed.

Appears in 1 contract

Samples: Finance Contract (Opgen Inc)

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