Common use of Failure to Align Clause in Contracts

Failure to Align. Without prejudice to any obligation of the Borrower under any provisions of this Agreement, any failure of the Borrower to align with the Core Components as demonstrated by breach of with the terms and provisions set forth in this Section 10.31 shall under no circumstances (i) constitute a Potential Default, an Event of Default, a Potential Amortization Event or an Amortization Event hereunder or under any other Transaction Document, (ii) operate in any matter to limit, restrict or otherwise affect the use of proceeds of the Advances or (iii) otherwise affect Borrower’s right or ability to take any actions otherwise permitted under this Agreement or any other Transaction Document. The only consequence of any such failure is cessation of the Green Loan designation of the Facility, and thereafter the Green Loan Structuring Agent, Administrative Agent, the Lenders, and Borrower shall cease representing in all internal and external communications, marketing or publications that the Facility is a Green Loan. Neither the Administration Agent, the Green Loan Structuring Agent nor any Lender is bound to monitor or verify the application of any amount borrowed pursuant to this Agreement, including, without limitation, the monitoring of and/or verifying compliance with the Green Loan Principles. [***] = Certain information has been excluded from this exhibit because it is both not material and would likely cause harm to the company if publicly disclosed.

Failure to Align. Without prejudice to any obligation of the Borrower under any provisions of this Agreement, any failure of the Borrower to align with the Core Components as demonstrated by breach of with the terms and provisions set forth in this Section 10.31 10.27 shall under no circumstances (i) constitute a Potential Default, an Event of Default, a Potential Amortization Event or an Amortization Event hereunder or under any other Transaction Document, (ii) operate in any matter to limit, restrict or otherwise affect the use of proceeds of the Advances or (iii) otherwise affect Borrower’s right or ability to take any actions otherwise permitted under this Agreement or any other Transaction Document. The only consequence of any such failure is cessation of the Green Loan designation of the Facility, and thereafter the Green Loan Structuring Agent, Administrative Agent, the Lenders, and Borrower shall cease representing in all internal and external communications, marketing or publications that the Facility is a Green Loan. Neither the Administration Agent, the Green Loan Structuring Agent nor any Lender is bound to monitor or verify the application of any amount borrowed pursuant to this Agreement, including, without limitation, the monitoring of and/or verifying compliance with the Green Loan Principles. [***] = Certain information has been excluded from this exhibit because it is both not material and would likely cause harm to the company if publicly disclosed.

Failure to Align. Without prejudice to any obligation of the Borrower under any provisions of this Agreement, any failure of the Borrower to align with the Core Components as demonstrated by breach of with the terms and provisions set forth in this Section 10.31 10.27 shall under no circumstances (i) constitute a Potential Default, an Event of Default, a Potential Amortization Event or an Amortization Event hereunder or under any other Transaction Document, (ii) operate in any matter to limit, restrict or otherwise affect the use of proceeds of the Advances or (iii) otherwise affect Borrower’s right or ability to take any actions otherwise permitted under this Agreement or any other Transaction Document. The only consequence of any such failure is cessation of the Green Loan designation of the Facility, and thereafter the Green Loan Structuring Agent, Administrative Agent, the Lenders, and Borrower shall cease representing in all internal and external communications, marketing or publications that the Facility is a Green Loan. Neither the Administration Agent, the Green Loan Structuring Agent nor any Lender is bound to monitor or verify the application of any amount borrowed pursuant to this Agreement, including, without limitation, the monitoring of and/or verifying compliance with the Green Loan Principles. [***] = Certain information has been excluded from this exhibit because it is both not material and would likely cause harm to the company if publicly disclosed.

Failure to Align. Without prejudice to any obligation of the Borrower under any provisions of this Agreement, any failure of the Borrower to align with the Core Components as demonstrated by breach of with the terms and provisions set forth in this Section 10.31 10.27 shall under no circumstances (i) constitute a Potential Default, an Event of Default, a Potential Amortization Event or an Amortization Event hereunder or under any other Transaction Document, (ii) operate in any matter to limit, restrict or otherwise affect the use of proceeds of the Advances or (iii) otherwise affect Borrower’s right or ability to take any actions otherwise permitted under this Agreement or any other Transaction Document. The only consequence of any such failure is cessation of the Green Loan designation of the Facility, and thereafter the Green Loan Structuring Agent, Administrative Agent, the Lenders, and Borrower shall cease representing in all internal and external communications, marketing or publications that the Facility is a Green Loan. Neither the Administration Agent, the Green Loan Structuring Agent nor any Lender is bound to monitor or verify the application of any amount borrowed pursuant to this Agreement, including, without limitation, the monitoring of and/or verifying compliance with the Green Loan Principles. [Signature Pages Follow] [***] = Certain information has been excluded from this exhibit because it is both not material and would likely cause harm to the company if publicly disclosed.

Failure to Align. Without prejudice to any obligation of the Borrower under any provisions of this Agreement, any failure of the Borrower to align with the Core Components as demonstrated by breach of with the terms and provisions set forth in this Section 10.31 shall under no circumstances (i) constitute a Potential Default, an Event of Default, a Potential Amortization Event or an Amortization Event hereunder or under any other Transaction Document, (ii) operate in any matter to limit, restrict or otherwise affect the use of proceeds of the Advances or (iii) otherwise affect Borrower’s right or ability to take any actions otherwise permitted under this Agreement or any other Transaction Document. The only consequence of any such failure is cessation of the Green Loan designation of the Facility, and thereafter the Green Loan Structuring Agent, Administrative Agent, the Lenders, and Borrower shall cease representing in all internal [***] = Certain information has been excluded from this exhibit because it is both not material and would likely cause harm to the company if publicly disclosed. and external communications, marketing or publications that the Facility is a Green Loan. Neither the Administration Agent, the Green Loan Structuring Agent nor any Lender is bound to monitor or verify the application of any amount borrowed pursuant to this Agreement, including, without limitation, the monitoring of and/or verifying compliance with the Green Loan Principles. [***] = Certain information has been excluded from this exhibit because it is both not material and would likely cause harm to the company if publicly disclosed.