ESG Certificate. On or before the Monthly Settlement Date occurring in August of each year, beginning with the Monthly Settlement Date occurring on August 25, 2022, the Parent shall furnish to the Administrative Agent and each Group Agent a certificate in form reasonably satisfactory to the Administrative Agent (each, an “ESG Certificate”) containing calculations, in reasonable detail, of the TRIR Among Peers and the GHG Intensity (YoY Change) for the prior calendar year, together with supporting information in connection therewith, signed by a Financial Officer of the Parent and certified as being true, complete and correct in all material respects. Each party hereto hereby agrees that the Administrative Agent shall not have any responsibility for (or liability in respect of) reviewing, auditing or otherwise evaluating any calculation by the Parent of the ESG Margin (or any of the data or computations that are part of or related to any such calculation) set forth in any ESG Certificate (and the Administrative Agent may rely conclusively on any such certificate, without further inquiry). Notwithstanding anything in this Agreement to the contrary, the failure to deliver an ESG Certificate under this Section shall not constitute an Event of Default or an Unmatured Event of Default. In Witness Whereof, the parties have caused this Agreement to be executed by their respective officers thereunto duly authorized, as of the date first above written. DCP Receivables LLC, as the Borrower By: Name: Title: DCP Midstream, LP, as the Servicer By: DCP Midstream GP, LP, its general partner By: DCP Midstream GP, LLC, its general partner By: Name: Title: PNC Bank, National Association, as Administrative Agent By: Name: Title: PNC Bank, National Association, as Group Agent for the PNC Group By: Name: Title: PNC Bank, National Association, as a Committed Lender By: Name: Title: PNC Capital Markets LLC, as Structuring Agent By: Name: Title: Exhibit A-1 Form of [Loan Request][LC Request] [Letterhead of Borrower] [Date] [Administrative Agent] [Group Agents] Re: [Loan Request] [LC Request] Ladies and Gentlemen: Reference is hereby made to that certain Receivables Financing Agreement, dated as of August 13, 2018 among DCP Receivables LLC (the “Borrower”), DCP Midstream, LP, as Servicer (the “Servicer”), the Lenders party thereto, the Group Agents party thereto and PNC Bank, National Association, as Administrative Agent (in such capacity, the “Administrative Agent”) (as amended, supplemented or ot...
ESG Certificate. On or before the Monthly Settlement Date immediately following the ESG Margin Effective Date (the calendar month of such Monthly Settlement Date, the “ESG Reporting Month”) and on or before the Monthly Settlement Date occurring in the ESG Reporting Month for each successive year until the Final Payout Date, the Servicer shall furnish to the Administrative Agent a certificate in form reasonably satisfactory to the Administrative Agent (each, an “ESG Certificate”) containing calculations, mutually agreed by the Borrowers, the Administrative Agent and each Lender, for the prior calendar year, in reasonable detail, together with supporting information in connection therewith, signed by a Financial Officer of the Servicer and certified as being true, complete and correct in all material respects. Each party hereto hereby agrees that the Administrative Agent shall not have any responsibility for (or liability in respect of) reviewing, auditing or otherwise evaluating any calculation by the Servicer (or any of the data or computations that are part of or related to any such calculation) set forth in any ESG Certificate (and the Administrative Agent may rely conclusively on any such certificate, without further inquiry).
ESG Certificate. On or before the ESG Determination Date of each year, beginning with the ESG Determination Date occurring on August 25, 2022, the Parent shall furnish to the Administrative Agent a certificate substantially in the form reasonably satisfactory to the Administrative Agent (each, an “ESG Certificate”) containing calculations, in reasonable detail, of the TRIR Among Peers and the GHG Intensity (YoY Change) for the most recently ended calendar year, together with supporting information in connection therewith, signed by a financial officer of the Parent and certified as being true, complete and correct in all material respects.
ESG Certificate. The Administrative Agent shall have received from the Borrower an Officer’s Certificate, dated as of the Second Amendment Effective Date, attaching a true, correct and complete copy of the ESG Report issued by Vigeo Eiris in July 2018.
ESG Certificate. To: [The Bank of Nova Scotia] as Facility Agent We refer to the senior secured credit facility agreement originally dated 16 January 2004 (as from time to time amended, varied, novated or supplemented, the “Facilities Agreement”) and made between, inter alia, UPC Broadband Holding B.V. as Borrower and The Bank of Nova Scotia as Facility Agent and as Security Agent and the financial and other institutions named in it as Lenders. Terms defined in the Facilities Agreement or an Additional Facility Accession Agreement (as defined therein) shall have the same meanings in this Certificate. I, [name], a Director of UPC Financing Partnership (“UPC Financing”) CERTIFY without personal liability, that for the financial year ending [●]:
ESG Certificate
