Allowed Creditors Clause Samples

Allowed Creditors. The concept of Allowed Creditors is only applicable for the Assumptions concerning Allowed Guaranteed Indebtedness. Allowed Creditors must have Grantor authorization to accredit such status. For such purposes, an Allowed Creditor may be: i. Any multilateral credit institution of which the State of the Republic of Peru is a member; ii. Any institution, Export Credit Agency, or any governmental agency of any country with which the State of the Republic of Peru maintains diplomatic relations; iii. Any international financial institution designated as Bank of First Class in Circular No. 022-2016- BCRP, issued by the Central Reserve Bank of Peru, or any other circular that subsequently modifies or replaces it, or but only, if it incorporates new institutions. iv. Any other international financial institution that has a risk rating of not less than the rating of the Peruvian sovereign debt corresponding to foreign currency and long term assigned by an international risk rating entity that rates the Republic of Peru. v. Any domestic financial institution with a local risk rating of not less than ("A"), evaluated by a domestic risk rating company, duly authorized by the Securities Market Superintendence (SMV); vi. all institutional investors -such as the Pension Fund Administrators -AFP-, which directly or indirectly acquire any type of security issued by i) the Concessionaire, ii) the trustee or securitization company incorporated in Peru or abroad that acquires rights and / or assets derived from the Concession Agreement; vii. Any legal entity that directly or indirectly acquires any type of security or debt instrument issued by the Concessionaire through a public or private offering or through trust funds, investment funds or a securitization company incorporated in Peru or abroad. It is expressly established that under no circumstances shall the shareholders -or partners or shareholders of the Concessionaire- be Allowed Creditors, whether directly or indirectly. Allowed Creditors must not be economically related to the Concessionaire, in accordance with CONASEV Resolution No. 090-2005-EF-94.10, amended by CONASEV Resolution No. 005-2006-EF / 94.10, or any regulation that replaces it. In the cases of sub-sections (i) to (v), to be considered as Allowed Creditor, it is necessary to have such status at the date of signing the respective financing agreement. In the case of syndicated loans, the Allowed Creditors may be represented by an Administrative Agent or Gua...