Common use of Clauses by inclusion Clause in Contracts

Clauses by inclusion. If the Borrower concludes with any other medium or long term financial creditor a financing agreement that includes a loss-of-rating clause or a covenant or other provision regarding its financial ratios or, if applicable, that is stricter than any equivalent provision of this Contract, the Borrower shall so inform the Bank and shall, at the request of the Bank, execute an agreement to amend this Contract so as to provide for an equivalent provision in favour of the Bank. The Agent shall: (a) annually provide the Bank and the Borrower with information on the total amount outstanding under the Onlending Agreements or a breakdown thereof; (b) inform the Bank and the Borrower of the use made by it of the amounts received from Final Beneficiaries by way of voluntary or compulsory early repayment of loans made under Onlending Agreements and of the use made by it of such amounts, pursuant to Article 6.02; (c) without undue delay inform the Bank and the Borrower of any notice of termination of any Intermediary Agreement served by the Agent to any Intermediary or of any Onlending Agreement served by an Intermediary to any Final Beneficiary; (d) generally inform the Bank and the Borrower of any fact or event known to it which, according to the Agent’s reasonable opinion, might materially prejudice or affect the conditions of execution or operation of any SME and Priority Project or the general condition of any Final Beneficiary; (e) deliver to the Bank all documents and information that may be reasonably requested by the Bank concerning the financing, implementation and operation of each SME and Priority Project and the activities and financial condition of each Final Beneficiary; and (f) deliver to the Bank, upon its request, a copy of any Intermediary Agreement or Onlending Agreement and of any addendum or amendment thereto, together with English translations thereof.

Clauses by inclusion. If the Borrower concludes with any other medium or long term financial creditor a financing agreement that includes a loss-of-rating clause or a covenant or other provision regarding its financial ratios orratios, if applicable, that is stricter than any equivalent provision of this Contract, the Borrower shall so inform the Bank and shall, at the request of the Bank, execute an agreement to amend this Contract so as to provide for an equivalent provision in favour of the Bank. The Agent Borrower shall (and shall procure that the Promoter and the Intermediary shall:, as the case may be): (a) within 30 (thirty) days following the time limits provided under Articles 6.01 and 6.02, respectively, supply to the Bank a list of the Projects that have been financed by the Loan, which shall give the details required (as per the form attached to the Side Letter) and shall conform with the requirements and criteria of eligibility set out in the Side Letter; (b) annually provide the Bank and the Borrower with information on the total amount outstanding under the Onlending Sub-Financing Agreements or a breakdown thereof; (bc) inform the Bank and the Borrower of the use made by it of the amounts received from Final Beneficiaries by way of voluntary or compulsory early repayment of loans made under Onlending Sub-Financing Agreements and of the use made by it of such amounts, pursuant to Article 6.02; (cd) without undue delay inform the Bank and the Borrower of any notice of termination of the Intermediary Agreement or of any Intermediary Sub-Financing Agreement served by the Agent to any Intermediary Borrower or of any Onlending Agreement served by an Intermediary the Intermediary, as the case may be, to any Final Beneficiary; (de) generally inform the Bank and the Borrower of any fact or event known to it which, according to the AgentBorrower’s and the Intermediary’s reasonable opinion, might materially prejudice or affect the conditions of execution or operation of any SME and Priority Project or the general condition of any Final Beneficiary; (ef) deliver to the Bank all documents and information that may be reasonably requested by the Bank concerning the financing, procurement, implementation and operation of each SME Project and Priority Project related environmental or social matters, and the activities and financial condition of each Final Beneficiary; and; (fg) deliver to the Bank, upon its request, a copy of any the Intermediary Agreement or Onlending any Sub-Financing Agreement and of any addendum or amendment thereto, thereto together with English translations thereof; (h) and shall procure that the Intermediary will, as soon as it becomes aware thereof with respect to a Sub-Financing Agreement, or as soon as it is informed thereof by the Final Beneficiary under the terms of the Sub-Financing Agreement, promptly inform the Bank of a genuine allegation, complaint or information with regard to (i) any Prohibited Conduct; or (ii) any illegal activity related to the Financing of Terrorism or Money Laundering; (i) and shall procure that the Intermediary will, as soon as it becomes aware thereof, or as soon as it is informed thereof by the Final Beneficiary under the terms of the Sub-Financing Agreement, promptly inform the Bank if at any time it becomes aware of: (i) the illicit origin, including products of Money Laundering or linked to the Financing of Terrorism with respect to an Sub-Financing Agreement or a Project; and/or (ii) any fact or information confirming or reasonably suggesting that any Prohibited Conduct or any violation of any Sanction has occurred in connection with the Project; and/or (iii) a genuine allegation or complaint with regard to any Prohibited Conduct or any Sanction related to the Project, and set out action to be taken with respect to such matters; (j) and shall procure that the Intermediary will, as soon as it becomes aware thereof, or as soon as it is informed thereof by the Final Beneficiary under the terms of the Sub-Financing Agreement, promptly inform the Bank of any measure taken by the Final Beneficiary pursuant to Article 6.02B(i); (k) and shall procure that the Intermediary will, promptly inform the Bank of any non-compliance by any Final Beneficiary with any Environmental and Social Standard; (l) and shall procure that the Intermediary will, promptly inform the Bank of any suspension, revocation or modification of any Environmental or Social Approval; (m) and shall procure that the Intermediary will, promptly inform the Bank of any action or protest initiated or any objection raised by any third party or any genuine complaint or any Environmental or Social Claim that is to its knowledge commenced, pending or threatened against any Final Beneficiary with regard to environmental or other matters affecting a Project; and (n) if so requested, provide to or procure for the Bank promptly all documents and information necessary to enable the Bank to verify the Borrower’s/Intermediary’s or any Final Beneficiary’s compliance with Article 6. The Borrower shall (and shall procure that the Promoter and the Intermediary shall, as the case may be): (a) deliver to the Bank: (i) on an annual basis a certificate listing the politically exposed persons, if any (as defined by the Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing) of the Borrower, of the Promoter and of the Intermediary who have been entrusted with additional political responsibilities and, if that is the case, changes in the identity of politically exposed persons and/or the politically exposed persons of the Borrower, of the Promoter and of the Intermediary who have been exposed to public prosecution or investigations for illegal activities, for example corruption; and (ii) such further information, evidence or document concerning the compliance with the due diligence requirements of the Bank for the Borrower, the Promoter and the Intermediary, including, but not limited to ”know your customer” (KYC) or similar identification procedures, when requested and within a reasonable time, as the Bank may deem necessary or may reasonably require to be provided within a reasonable time, and (b) inform the Bank immediately of: (i) any alteration to the Intermediary’s Founding Law, to the Statute and general documents of the Intermediary and whatever from time to time constitutes its articles of association or other basic documents or shareholding structure and of any change of ownership of its shares after the Effective Date of this Contract; (ii) any fact which obliges it to prepay any financial indebtedness or any EU funding; (iii) any event or decision that constitutes or may result in the events described in a Prepayment Event; (iv) any fact or event that is reasonably likely to prevent the substantial fulfilment of any obligation of the Borrower under this Contract; (v) any Event of Default listed in Article 10 having occurred or being threatened or anticipated; (vi) any fact or event which results in the Borrower, the Promoter or the Intermediary, or any Relevant Person in respect of the Borrower, the Promoter or the Intermediary or any of their controlling entities being a Sanctioned Person; (vii) unless prohibited by law, any material litigation, arbitration, administrative proceedings or investigation carried out by a court, administration or similar public authority, which, to the best of its knowledge and belief, is current, imminent or pending against the Borrower or the Promoter (or the Intermediary, as the case may be) or its controlling entities or members of the Borrower’s management bodies (or of the Intermediary, as the case may be) in connection with Prohibited Conduct related to the Credit, the Loan or the Projects; (viii) any measure taken by the Borrower (or by the Intermediary, as the case may be) pursuant to Article 6.06 (Integrity) of this Contract; and (ix) any litigation, arbitration or administrative proceedings or investigation which is current, threatened or pending and which might if adversely determined result in a Material Adverse Change.

Clauses by inclusion. If the Borrower concludes with any other medium or long term financial creditor a financing agreement that includes a loss-of-rating clause or a covenant or other provision regarding its financial ratios orratios, if applicable, that is stricter than any equivalent provision of this Contract, the Borrower shall so inform the Bank and shall, at the request of the Bank, execute an agreement to amend this Contract so as to provide for an equivalent provision in favour of the Bank. 8.01 Information concerning Projects and Final Beneficiaries The Agent Borrower shall (and shall procure that the Promoter and the Intermediary shall:, as the case may be): (a) within 30 (thirty) days following the time limits provided under Articles 6.01 and 6.02, respectively, supply to the Bank a list of the Projects that have been financed by the Loan, which shall give the details required (as per the form attached to the Side Letter) and shall conform with the requirements and criteria of eligibility set out in the Side Letter; (b) annually provide the Bank and the Borrower with information on the total amount outstanding under the Onlending Sub-Financing Agreements or a breakdown thereof; (bc) inform the Bank and the Borrower of the use made by it of the amounts received from Final Beneficiaries by way of voluntary or compulsory early repayment of loans made under Onlending Sub-Financing Agreements and of the use made by it of such amounts, pursuant to Article 6.02; (cd) without undue delay inform the Bank and the Borrower of any notice of termination of the Intermediary Agreement or of any Intermediary Sub-Financing Agreement served by the Agent to any Intermediary Borrower or of any Onlending Agreement served by an Intermediary the Intermediary, as the case may be, to any Final Beneficiary; (de) generally inform the Bank and the Borrower of any fact or event known to it which, according to the AgentBorrower’s and the Intermediary’s reasonable opinion, might materially prejudice or affect the conditions of execution or operation of any SME and Priority Project or the general condition of any Final Beneficiary; (ef) deliver to the Bank all documents and information that may be reasonably requested by the Bank concerning the financing, procurement, implementation and operation of each SME Project and Priority Project related environmental or social matters, and the activities and financial condition of each Final Beneficiary; and; (fg) deliver to the Bank, upon its request, a copy of any the Intermediary Agreement or Onlending any Sub-Financing Agreement and of any addendum or amendment thereto, thereto together with English translations thereof; (h) and shall procure that the Intermediary will, as soon as it becomes aware thereof with respect to a Sub-Financing Agreement, or as soon as it is informed thereof by the Final Beneficiary under the terms of the Sub-Financing Agreement, promptly inform the Bank of a genuine allegation, complaint or information with regard to (i) any Prohibited Conduct; or (ii) any illegal activity related to the Financing of Terrorism or Money Laundering; (i) and shall procure that the Intermediary will, as soon as it becomes aware thereof, or as soon as it is informed thereof by the Final Beneficiary under the terms of the Sub-Financing Agreement, promptly inform the Bank if at any time it becomes aware of: (i) the illicit origin, including products of Money Laundering or linked to the Financing of Terrorism with respect to an Sub-Financing Agreement or a Project; and/or (ii) any fact or information confirming or reasonably suggesting that any Prohibited Conduct or any violation of any Sanction has occurred in connection with the Project; and/or (iii) a genuine allegation or complaint with regard to any Prohibited Conduct or any Sanction related to the Project, and set out action to be taken with respect to such matters; (j) and shall procure that the Intermediary will, as soon as it becomes aware thereof, or as soon as it is informed thereof by the Final Beneficiary under the terms of the Sub-Financing Agreement, promptly inform the Bank of any measure taken by the Final Beneficiary pursuant to Article 6.02B(i); (k) and shall procure that the Intermediary will, promptly inform the Bank of any non-compliance by any Final Beneficiary with any Environmental and Social Standard; (l) and shall procure that the Intermediary will, promptly inform the Bank of any suspension, revocation or modification of any Environmental or Social Approval; (m) and shall procure that the Intermediary will, promptly inform the Bank of any action or protest initiated or any objection raised by any third party or any genuine complaint or any Environmental or Social Claim that is to its knowledge commenced, pending or threatened against any Final Beneficiary with regard to environmental or other matters affecting a Project; and (n) if so requested, provide to or procure for the Bank promptly all documents and information necessary to enable the Bank to verify the Borrower’s/Intermediary’s or any Final Beneficiary’s compliance with Article 6. 8.02 Information concerning the Borrower The Borrower shall (and shall procure that the Promoter and the Intermediary shall, as the case may be): (a) deliver to the Bank: (i) on an annual basis a certificate listing the politically exposed persons, if any (as defined by the Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing) of the Borrower, of the Promoter and of the Intermediary who have been entrusted with additional political responsibilities and, if that is the case, changes in the identity of politically exposed persons and/or the politically exposed persons of the Borrower, of the Promoter and of the Intermediary who have been exposed to public prosecution or investigations for illegal activities, for example corruption; and (ii) such further information, evidence or document concerning the compliance with the due diligence requirements of the Bank for the Borrower, the Promoter and the Intermediary, including, but not limited to “know your customer” (KYC) or similar identification procedures, when requested and within a reasonable time, as the Bank may deem necessary or may reasonably require to be provided within a reasonable time, and (b) inform the Bank immediately of: (i) any alteration to the Intermediary’s Founding Law, to the Statute and general documents of the Intermediary and whatever from time to time constitutes its articles of association or other basic documents or shareholding structure and of any change of ownership of its shares after the Effective Date of this Contract; (ii) any fact which obliges it to prepay any financial indebtedness or any EU funding; (iii) any event or decision that constitutes or may result in the events described in a Prepayment Event; (iv) any fact or event that is reasonably likely to prevent the substantial fulfilment of any obligation of the Borrower under this Contract; (v) any Event of Default listed in Article 10 having occurred or being threatened or anticipated; (vi) any fact or event which results in the Borrower, the Promoter or the Intermediary, or any Relevant Person in respect of the Borrower, the Promoter or the Intermediary or any of their controlling entities being a Sanctioned Person; (vii) unless prohibited by law, any material litigation, arbitration, administrative proceedings or investigation carried out by a court, administration or similar public authority, which, to the best of its knowledge and belief, is current, imminent or pending against the Borrower or the Promoter (or the Intermediary, as the case may be) or its controlling entities or members of the Borrower’s management bodies (or of the Intermediary, as the case may be) in connection with Prohibited Conduct related to the Credit, the Loan or the Projects; (viii) any measure taken by the Borrower (or by the Intermediary, as the case may be) pursuant to Article 6.06 (Integrity) of this Contract; and (ix) any litigation, arbitration or administrative proceedings or investigation which is current, threatened or pending and which might if adversely determined result in a Material Adverse Change.

Clauses by inclusion. If the Borrower concludes with any other medium or long term financial creditor a financing agreement that includes a loss-of-rating clause or a covenant or other provision regarding its financial ratios or, if applicable, that is stricter than any equivalent provision of this Contract, the Borrower shall so inform the Bank and shall, at the request of the Bank, execute an agreement to amend this Contract so as to provide for an equivalent provision in favour of the Bank. 8.01 Information concerning SME and Priority Projects and Final Beneficiaries The Agent shall: (a) annually provide the Bank and the Borrower with information on the total amount outstanding under the Onlending Agreements or a breakdown thereof; (b) inform the Bank and the Borrower of the use made by it of the amounts received from Final Beneficiaries by way of voluntary or compulsory early repayment of loans made under Onlending Agreements and of the use made by it of such amounts, pursuant to Article 6.02; (c) without undue delay inform the Bank and the Borrower of any notice of termination of any Intermediary Agreement served by the Agent to any Intermediary or of any Onlending Agreement served by an Intermediary to any Final Beneficiary; (d) generally inform the Bank and the Borrower of any fact or event known to it which, according to the Agent’s reasonable opinion, might materially prejudice or affect the conditions of execution or operation of any SME and Priority Project or the general condition of any Final Beneficiary; (e) deliver to the Bank all documents and information that may be reasonably requested by the Bank concerning the financing, implementation and operation of each SME and Priority Project and the activities and financial condition of each Final Beneficiary; and; (f) deliver to the Bank, upon its request, a copy of any Intermediary Agreement or Onlending Agreement and of any addendum or amendment thereto, together with English translations thereof.; (g) as soon as it becomes aware thereof with respect to a Onlending Agreement, or as soon as it is informed thereof by the Final Beneficiary under the terms of the Onlending Agreements, promptly inform the Bank of a genuine allegation, complaint or information with regard to Criminal Offences related to any funds made available under the Onlending Agreement or any SME and Priority Project; (h) as soon as it becomes aware thereof, or as soon as it is informed thereof by the Final Beneficiary under the terms of the Onlending Agreements, promptly inform the Bank if at any time it becomes aware of the illicit origin, including products of money laundering or linked to the financing of terrorism with respect to a Onlending Agreement or a SME and Priority Project; (i) as soon as it becomes aware thereof, or as soon as it is informed thereof by the Final Beneficiary under the terms of the Onlending Agreements, promptly inform the Bank of any measure taken by the Final Beneficiary pursuant to Article 6.02B (q); (j) inform the Bank of a genuine allegation or complaint with regard to any Prohibited Conduct related to a SME and Priority Project; (k) inform the Bank should it become aware of any fact or information confirming or reasonably suggesting that (i) any Prohibited Conduct has occurred in connection with a SME and Priority Project, or (ii) any of the funds; (l) inform the Bank if it becomes aware of the illicit origin of funds invested in or in the SME and Priority Project; (m) inform the Bank of any action or protest initiated or any objection raised by any third party or any genuine complaint received by the Borrower or any Environmental or Social Claim that is to its knowledge commenced, pending or threatened against it;

Clauses by inclusion. If the Borrower concludes with any other medium or long term financial creditor a financing agreement that includes a loss-of-rating clause or a covenant or other provision regarding its financial ratios or, if applicable, that is stricter than any equivalent provision of this Contract, the Borrower shall so inform the Bank and shall, at the request of the Bank, execute an agreement to amend this Contract so as to provide for an equivalent provision in favour of the Bank. The Agent shall: (a) annually provide the Bank and the Borrower with information on the total amount outstanding under the Onlending Agreements or a breakdown thereof; (b) inform the Bank and the Borrower of the use made by it of the amounts received from Final Beneficiaries by way of voluntary or compulsory early repayment of loans made under Onlending Agreements and of the use made by it of such amounts, pursuant to Article 6.02; (c) without undue delay inform the Bank and the Borrower of any notice of termination of any Intermediary Agreement served by the Agent to any Intermediary or of any Onlending Agreement served by an Intermediary to any Final Beneficiary; (d) generally inform the Bank and the Borrower of any fact or event known to it which, according to the Agent’s reasonable opinion, might materially prejudice or affect the conditions of execution or operation of any SME and Priority Project or the general condition of any Final Beneficiary; (e) deliver to the Bank all documents and information that may be reasonably requested by the Bank concerning the financing, implementation and operation of each SME and Priority Project and the activities and financial condition of each Final Beneficiary; and; (f) deliver to the Bank, upon its request, a copy of any Intermediary Agreement or Onlending Agreement and of any addendum or amendment thereto, together with English translations thereof.; (g) as soon as it becomes aware thereof with respect to a Onlending Agreement, or as soon as it is informed thereof by the Final Beneficiary under the terms of the Onlending Agreements, promptly inform the Bank of a genuine allegation, complaint or information with regard to Criminal Offences related to any funds made available under the Onlending Agreement or any SME and Priority Project; (h) as soon as it becomes aware thereof, or as soon as it is informed thereof by the Final Beneficiary under the terms of the Onlending Agreements, promptly inform the Bank if at any time it becomes aware of the illicit origin, including products of money laundering or linked to the financing of terrorism with respect to a Onlending Agreement or a SME and Priority Project; (i) as soon as it becomes aware thereof, or as soon as it is informed thereof by the Final Beneficiary under the terms of the Onlending Agreements, promptly inform the Bank of any measure taken by the Final Beneficiary pursuant to Article 6.02B (q); (j) inform the Bank of a genuine allegation or complaint with regard to any Prohibited Conduct related to a SME and Priority Project; (k) inform the Bank should it become aware of any fact or information confirming or reasonably suggesting that (i) any Prohibited Conduct has occurred in connection with a SME and Priority Project, or (ii) any of the funds; (l) inform the Bank if it becomes aware of the illicit origin of funds invested in or in the SME and Priority Project; (m) inform the Bank of any action or protest initiated or any objection raised by any third party or any genuine complaint received by the Borrower or any Environmental or Social Claim that is to its knowledge commenced, pending or threatened against it;