Common use of Finance Contract Clause in Contracts

Finance Contract. The following provisions of the Finance Contract are deemed incorporated in this Agreement by reference (except to the extent expressly modified herein) with the same force and effect as though fully set forth herein, regardless of whether or not all amounts outstanding under the Finance Contract have been paid: (i) article 7 (a) and (b) of the Finance Contract, save that: - the Repeating Representations as defined in the Finance Contract only include the representations set out in Paragraph 1 (Authorisations and Binding Obligations), Paragraph 3 (No proceedings), Paragraph 6 (Anti-Corruption), and Paragraph 13 (Sanctions) of Schedule G (Representations and Warranties) of the Finance Contract; and - such Repeating Representations are deemed to be made by the Company on the anniversary date of each Disbursement Date in respect of each Tranche. (ii) article 7 (c) of the Finance Contract, save that: - the undertakings of the Finance Contract which the Company shall undertake only include all undertakings in Schedule I (Information and Visits) and the following undertakings in Schedule H (General Undertakings):  Paragraph 2 (Completion of Investment),  Paragraph 3 (Procurement procedure),  Paragraph 4 (Compliance with laws),  Paragraph 5 (Environment),  Paragraph 6 (Integrity),  Paragraph 10 (Change in business),  Paragraph 12 (Books and records),  Paragraph 22 (Maintenance of Status); and  Paragraph 26 (Sanctions); and - such undertakings shall remain in force from the date of this Agreement until this Agreement is terminated pursuant to Clause 8 (Termination) above, regardless of whether there is no amount outstanding under the Finance Contract or the Credit (as such term is defined in the Finance Contract) is unavailable.

Appears in 2 contracts

Sources: Subscription Agreement (Cellectis S.A.), Subscription Agreement (Cellectis S.A.)

Finance Contract. The Solely for the benefit of the EIB and EIB Permitted Transferees (and not for any other Warrant Right Holder), the following provisions of the Finance Contract are deemed incorporated in this Agreement by reference (except to the extent expressly modified herein) with the same force and effect as though fully set forth herein, regardless of whether or not all amounts the Finance Contract is in force, regardless of whether there is any amount outstanding under the Finance Contract have been paidContract, and regardless of whether the Credit is available: (ia) article 7 Paragraph (a) of Article 6 (Borrower undertakings and representations) of the Finance Contract, save that the references to the Borrower shall be deemed to be references to the Company; (b) Paragraph (b) of Article 6 (Borrower undertakings and representations) of the Finance Contract, save that: - : (i) the Repeating Representations as defined in the Finance Contract only include the representations set out in Paragraph 1 (Authorisations and Binding Obligations), Paragraph 3 (No proceedings), ) and Paragraph 6 (Anti-Corruption), and Paragraph 13 (Sanctions) of Schedule G (Representations and Warranties) of the Finance Contract; and - and (ii) such Repeating Representations are deemed to be made by the Company on the anniversary date 1 January and 1 July of each Disbursement Date in respect of each Tranche.year; and (iic) article 7 Paragraph (c) of Article 6 (Borrower undertakings and representations) of the Finance Contract, save that: - that the undertakings of the Finance Contract which are deemed incorporated by reference in this Agreement and which the Company shall therefore undertake only include all undertakings in Schedule I (Information and Visits) and but only the following undertakings in Schedule H (General Undertakings):  ): (i) Paragraph 2 (Completion of Investment),  , (ii) Paragraph 3 (Procurement procedure),  , (iii) Paragraph 4 (Compliance with laws),  , (iv) Paragraph 5 (EnvironmentEnvironment and Social Matters),  , (v) Paragraph 6 (Integrity),  , (vi) Paragraph 10 (Change in business),  , (vii) Paragraph 11 (Merger), (viii) Paragraph 12 (Books and records), and (ix) Paragraph 22 (Maintenance of Status); and  Paragraph 26 (Sanctions); and - such undertakings shall remain in force from the date of this Agreement until this Agreement is terminated pursuant to Clause 8 (Termination) above, regardless of whether there is no amount outstanding under the Finance Contract or the Credit (as such term is defined in the Finance Contract) is unavailable.

Appears in 1 contract

Sources: Synthetic Warrant Agreement (Nyxoah SA)

Finance Contract. The following provisions of the Finance Contract are deemed incorporated in this Agreement by reference (except to the extent expressly modified herein) with the same force and effect as though fully set forth herein, regardless of whether or not all amounts the Finance Contract is in force, regardless of whether there is any amount outstanding under the Finance Contract have been paidContract, and regardless of whether the Credit is available: (ia) article 7 Paragraphs (a) and (b) of Article 7 (Borrower undertakings and representations) of the Finance Contract, save that: - : (i) the Repeating Representations as defined in the Finance Contract only include the representations set out in Paragraph 1 (Authorisations and Binding Obligations), Paragraph 3 (No proceedings), Paragraph 6 7 (Anti-Corruption), ) and Paragraph 13 (Sanctions) of Schedule G (Representations and Warranties) of the Finance Contract; and - and (ii) such Repeating Representations are deemed to be made by the Company on the anniversary date of each Disbursement Acceptance (as defined in the Finance Contract), each Disbursement Date (as defined in the Finance Contract), each Quarter Date (as defined in the Finance Contract) and each Payment Date (as defined in the Finance Contract) in respect of each Tranche.; and (iib) article Paragraph (c) of Article 7 (cBorrower undertakings and representations) of the Finance Contract, save that: - that the undertakings of the Finance Contract which the Company shall undertake only include all undertakings in Schedule I (Information and Visits) and the following undertakings in Schedule H (General Undertakings):  ): (i) Paragraph 2 (Completion of Investment),  , (ii) Paragraph 3 (Procurement procedure),  , (iii) Paragraph 4 (Compliance with laws),  , (iv) Paragraph 5 (EnvironmentEnvironment and Social Matters),  , (v) Paragraph 6 (Integrity),  , (vi) Paragraph 10 (Change in business),  , (vii) Paragraph 11 (Merger), (viii) Paragraph 12 (Books and records),  , (ix) Paragraph 22 (Maintenance of Status); , and (x) Paragraph 26 (Sanctions); and - such undertakings shall remain in force from the date of this Agreement until this Agreement is terminated pursuant to Clause 8 (Termination) above, regardless of whether there is no amount outstanding under the Finance Contract or the Credit (as such term is defined in the Finance Contract) is unavailable.

Appears in 1 contract

Sources: Warrant Agreement (Edap TMS Sa)

Finance Contract. The following provisions of the Finance Contract are deemed incorporated in this Agreement by reference (except to the extent expressly modified herein) with the same force and effect as though fully set forth herein, regardless of whether or not all amounts the Finance Contract is in force, regardless of whether there is any amount outstanding under the Finance Contract have been paid:Contract, and regardless of whether the Credit is available thereunder. For the avoidance of doubt, such provisions are solely for the benefit of the Parties to this Agreement. (i) article 7 (a) Paragraph (a) of Article 7.1 (Borrower undertakings and representations) of the Finance Contract, save that the references to the Borrower shall be deemed to be references to the Company. (b) Paragraph (b) of Article 7.1 (Borrower undertakings and representations) of the Finance Contract, save that: - : (i) the Repeating Representations as defined in the Finance Contract only include the representations set out in Paragraph 1 (Authorisations Authorizations and Binding Obligations), Paragraph 3 4 (No proceedings), Paragraph 6 7 (Anti-Corruption), ) and Paragraph 13 8 (SanctionsAccounting and Tax) of Schedule G (Representations and Warranties) of the Finance Contract; and - and (ii) such Repeating Representations are deemed to be made by the Company on the anniversary date 1 January and 1 July of each Disbursement Date in respect of each Trancheyear. (iic) article 7 Article 7.2 (cBorrower undertakings and representations) of the Finance Contract, save that: - : (i) the undertakings of the Finance Contract which the Company shall undertake only include all undertakings in Schedule I (Information and Visits) and the following undertakings in Schedule H (General Undertakings):  Paragraph 2 ): (Completion of Investment),  Paragraph 3 (Procurement procedure),  1) Paragraph 4 (Compliance with laws),  , (2) Paragraph 5 (EnvironmentEnvironment and Social Matters),  , (3) Paragraph 6 (Integrity),  , (4) Paragraph 10 (Change in business),  , (5) Paragraph 11 (Merger), (6) Paragraph 12 (Books and records),  , (7) Paragraph 22 (Maintenance of Status); and  , and (8) Paragraph 26 (Sanctions); and - such undertakings shall remain in force from the date of this Agreement until this Agreement is terminated pursuant to Clause 8 (Termination) above, regardless of whether there is no amount outstanding under the Finance Contract or the Credit (as such term is defined in the Finance Contract) is unavailable.

Appears in 1 contract

Sources: Warrant Issuance Agreement (IO Biotech, Inc.)