Common use of Miscellaneous Information Clause in Contracts

Miscellaneous Information. 18.7.1 The Borrower will inform the Agent in writing: (a) promptly upon a Responsible Officer becoming aware of it, of the occurrence of any Event of Default or Potential Event of Default and confirm to the Agent in each Drawdown Request and, after the Facility has been fully drawn, not later than thirty (30) days after the end of each calendar quarter that, save as previously notified to the Agent or as notified in such Drawdown Request or, as the case may be, confirmation, no Event of Default or Potential Event of Default has occurred and is continuing; (b) promptly upon a Responsible Officer becoming aware of it, of any circumstances which are likely to delay in any material respect the completion of the Project in accordance with the Base Case, including any event which might reasonably be expected to result in Cost Overruns; (c) promptly upon a Responsible Officer becoming aware of it, of any material delay in the payment or non-payment of the Government Grants compared with the assumption made in the Finance Model; (d) promptly upon a Responsible Officer becoming aware of it, of any circumstances which are likely to have a materially adverse impact on the validity, enforceability and continuance of the State Guarantee, the Government Grants and the EU-Decision; (e) promptly upon a Responsible Officer becoming aware of it, of any Event of Force Majeure or any other event which might delay construction or operation or which might reasonably be expected to interrupt or reduce the operation of the plant excluding any planned outage or maintenance period previously notified to the Agent or which might reasonably be expected to have a Material Adverse Effect; (f) promptly upon a Responsible Officer becoming aware of it, of any Environmental Claim commenced or threatened against it; (g) promptly upon a Responsible Officer becoming aware of it, of any material default of any party to a Project Contract; (h) within ten (10) Business Days upon a Responsible Officer becoming aware thereof, of the details of each litigation, arbitration or administrative proceeding pending or threatened against it which is likely to result in a liability of the Borrower in an amount or amounts exceeding, in aggregate, EUR 2,000,000 or the equivalent in other currencies; (i) of any Change of Control; (j) of any changes in its senior management; (k) as soon as reasonably possible after a Responsible Officer becoming aware of it, of possible Capital Expenditures in an amount of more than EUR 2 million in excess of the Project Budget for that financial year. 18.7.2 The Borrower will provide upon request such verbal or written information concerning the Project as the Agent or the Lenders may reasonably require including information that is publicly available. The Borrower will fulfil its reporting requirements pursuant to this Clause 18 in a form which will allow the Agent to make the information available to the Lenders without material effort. The Agent will notify the Borrower of the number of copies needed and the form (e-mail, fax, mail) in which the information will have to be provided. The Agent will promptly upon receipt forward any information to the Lenders and, to the extent necessary, to the Guarantors.

Miscellaneous Information. 18.7.1 18.8.1 The Borrower will inform the Agent in writing: (a) promptly upon a Responsible Officer becoming aware of it, of the occurrence of any Event of Default, Potential Event of Default, Blue Mill Event of Default or Potential Blue Mill Event of Default and confirm to the Agent in each Drawdown Request and, after the Facility has been fully drawn, not later than thirty (30) days after the end of each calendar quarter that, save as previously notified to the Agent or as notified in such Drawdown Request or, as the case may be, confirmation, no Event of Default, Potential Event of Default, Blue Mill Event of Default or Potential Blue Mill Event of Default has occurred and is continuing; (b) promptly upon a Responsible Officer becoming aware of it, of any circumstances which are likely to delay in any material respect the completion of the Project or Project Blue Mill in accordance with the Base Case, including any event which might reasonably be expected to result in Cost Overruns or Blue Mill Cost Overruns; (c) promptly upon a Responsible Officer becoming aware of it, of any material delay in the payment or non-payment of the Government Grants or the Blue Mill Government Grants compared with the assumption made in the Finance Model; (d) promptly upon a Responsible Officer becoming aware of it, of any circumstances which are likely to have a materially adverse impact on the validity, enforceability and continuance of the State Guarantee, the Blue Mill State Guarantee, the Government Grants, the Blue Mill Government Grants and the EU-Decision; (e) promptly upon a Responsible Officer becoming aware of it, of any Event of Force Majeure or Blue Mill Event of Force Majeure or any other event which might delay construction or operation or which might reasonably be expected to interrupt or reduce the operation of the plant or the construction or operation of Project Blue Mill excluding any planned outage or maintenance period previously notified to the Agent or which might reasonably be expected to have a Material Adverse Effect; (f) promptly upon a Responsible Officer becoming aware of it, of any Environmental Claim commenced or threatened against it; (g) promptly upon a Responsible Officer becoming aware of it, of any material default of any party to a Project Contract; (h) within ten (10) Business Days upon a Responsible Officer becoming aware thereof, of the details of each litigation, arbitration or administrative proceeding pending or threatened against it which is likely to result in a liability of the Borrower in an amount or amounts exceeding, in aggregate, EUR 2,000,000 or the equivalent in other currencies; (i) of any Change of Control; (j) of any changes in its senior management; (k) as soon as reasonably possible after a Responsible Officer becoming aware of it, of possible Capital Expenditures or Blue Mill Capital Expenditures in an amount of more than EUR 2 million in excess of the Project Budget for that financial year. 18.7.2 18.8.2 The Borrower will provide upon request such verbal or written information concerning the Project or Project Blue Mill as the Agent or the Lenders may reasonably require including information that is publicly available. The Borrower will fulfil its reporting requirements pursuant to this Clause 18 in a form which will allow the Agent to make the information available to the Lenders without material effort. The Agent will notify the Borrower of the number of copies needed and the form (e-mail, fax, mail) in which the information will have to be provided. The Agent will promptly upon receipt forward any information to the Lenders and, to the extent necessary, to the Guarantors.

Miscellaneous Information. 18.7.1 16.8.1 The Borrower will inform the Agent in writing: (a) promptly upon a Responsible Officer becoming aware of it, of the occurrence of any Event of Default, Potential Event of Default, Pulp Mill Event of Default or Potential Pulp Mill Event of Default and confirm to the Agent in each Drawdown Request and, after the Facility has been fully drawn, not later than thirty (30) days after the end of each calendar quarter that, save as previously notified to the Agent or as notified in such Drawdown Request or, as the case may be, confirmation, no Event of Default, Potential Event of Default, Pulp Mill Event of Default or Potential Pulp Mill Event of Default has occurred and is continuing; (b) promptly upon a Responsible Officer becoming aware of it, of any circumstances which are likely to delay in any material respect the completion of the Project Blue Mill in accordance with the Base Case, including any event which might reasonably be expected to result in Cost Overruns; (c) promptly upon a Responsible Officer becoming aware of it, of any material delay in the payment or non-payment of the Government Grants compared with the assumption made in the Finance ModelGrants; (d) promptly upon a Responsible Officer becoming aware of it, of any circumstances which are likely to have a materially adverse impact on the validity, enforceability and continuance of the State Guarantee, Guarantee and the Government Grants and the EU-DecisionGrants; (e) promptly upon a Responsible Officer becoming aware of it, of any Event of Force Majeure or any other event which might delay construction or operation or which might reasonably be expected to interrupt or reduce the operation of the plant excluding any planned outage or maintenance period previously notified to the Agent or which might reasonably be expected to have a Material Adverse Effect; (f) promptly upon a Responsible Officer becoming aware of it, of any Environmental Claim commenced or threatened against it; (g) promptly upon a Responsible Officer becoming aware of it, of any material default of any party to a Project Contract; (h) within ten (10) Business Days upon a Responsible Officer becoming aware thereof, of the details of each litigation, arbitration or administrative proceeding pending or threatened against it which is likely to result in a liability of the Borrower in an amount or amounts exceeding, in aggregate, EUR 2,000,000 or the equivalent in other currencies; (i) of any Change of Control; (j) of any changes in its senior management; (k) as soon as reasonably possible after a Responsible Officer becoming aware of it, of possible Capital Expenditures in an amount of more than EUR 2 million in excess of the Project Budget for that financial year; and (l) as soon as reasonably possible after a Responsible Officer becoming aware of it, of possible Capital Expenditures in relation to Project Blue Mill exceeding in aggregate the Capital Expenditure foreseen for Project Blue Mill pursuant to the Investment and Financing Plan by more than EUR 1,5 million. 18.7.2 16.8.2 The Borrower will provide upon request such verbal or written information concerning the Project Blue Mill as the Agent or the Lenders may reasonably require including information that is publicly available. The Borrower will fulfil its reporting requirements pursuant to this Clause 18 16 in a form which will allow the Agent to make the information available to the Lenders without material effort. The Agent will notify the Borrower of the number of copies needed and the form (e-mail, fax, mail) in which the information will have to be provided. The Agent will promptly upon receipt forward any information to the Lenders and, to the extent necessary, to the Guarantors.

Miscellaneous Information. 18.7.1 The Borrower will inform (i) all documents relevant to this Agreement which are dispatched by it to its members (or any class of them) or its creditors upon request of the Agent in writing:Notes Administrative Agent; (aii) information and/or documents with respect to the Collateral Vessels, goods transported on the Collateral Vessels, the Earnings and Insurances reasonably requested by the Notes Administrative Agent; (iii) promptly upon a Responsible Officer becoming aware of itthem, details of any judgment or order of a court, arbitral body or agency which is made against any member of the occurrence of any Event of Default or Potential Event of Default Guarantor Group and confirm to the Agent in each Drawdown Request and, after the Facility has been fully drawn, not later than thirty (30) days after the end of each calendar quarter that, save as previously notified to the Agent or as notified in such Drawdown Request or, as the case may be, confirmation, no Event of Default or Potential Event of Default has occurred and is continuing; (b) promptly upon a Responsible Officer becoming aware of it, of any circumstances which are likely to delay in any material respect the completion of the Project in accordance with the Base Case, including any event which might reasonably be expected to result in Cost Overruns; (c) promptly upon a Responsible Officer becoming aware of it, of any material delay in the payment or non-payment of the Government Grants compared with the assumption made in the Finance Model; (d) promptly upon a Responsible Officer becoming aware of it, of any circumstances which are likely to have a materially adverse impact on the validity, enforceability and continuance of the State Guarantee, the Government Grants and the EU-Decision; (e) promptly upon a Responsible Officer becoming aware of it, of any Event of Force Majeure or any other event which might delay construction or operation or which might reasonably be expected to interrupt or reduce the operation of the plant excluding any planned outage or maintenance period previously notified to the Agent or which might reasonably be expected to have a Material Adverse Effect; (fiv) promptly upon a Responsible Officer becoming aware of itthem, details of any Environmental Claim commenced or threatened against it; (g) promptly upon a Responsible Officer becoming aware of it, of any material default of any party to a Project Contract; (h) within ten (10) Business Days upon a Responsible Officer becoming aware thereof, of the details of each litigation, arbitration or administrative proceeding pending proceedings or threatened against it which is likely investigations (including proceedings or investigations relating to result in a liability any alleged or actual breach of the Borrower in an amount ISM Code or amounts exceedingof the ISPS Code) which are current, in aggregatethreatened or pending against any member of the Guarantor Group, EUR 2,000,000 or the equivalent in other currenciesand which might, if adversely determined, have a Material Adverse Effect; (iv) of any Change of Controlpromptly, its constitutional documents where these have been amended or varied; (jvi) promptly, such further information and/or documents regarding: (i) the Security Assets; (ii) compliance of the Obligors with the terms of the Financing Documents, (iii) the financial condition, business and operations of any changes in its senior managementother Obligor; the Charters, as any Finance Party may reasonably request; (kvii) as soon as reasonably possible after promptly following execution or at the time of any substitution of a Responsible Officer becoming aware of itCollateral Vessel pursuant to Section 10.1, of possible Capital Expenditures in an amount of more than EUR 2 million in excess a copy of the Project Budget for Permitted Charter in respect of that financial year.Collateral Vessel; and 18.7.2 The Borrower will provide upon (viii) promptly on request such verbal or written information concerning by the Project as the Notes Administrative Agent or any Purchaser or Holder (A) such further information, in sufficient copies for all holders of Notes, regarding the Lenders financial condition and operations of the Obligors as any such Purchaser or holder may reasonably require including request and (B) information that is publicly available. The Borrower will fulfil its reporting requirements pursuant and documentation reasonably requested by the Notes Administrative Agent or any such Purchaser or Holder for purposes of compliance with any laws applicable to this Clause 18 in a form which will allow the Agent to make the information available to the Lenders without material effort. The Agent will notify the Borrower of the number of copies needed and the form (e-mail, fax, mail) in which the information will have to it or as may be provided. The Agent will promptly upon receipt forward required by any information to the Lenders and, to the extent necessary, to the Guarantorsregulatory authority.