Common use of OBSTRUCTIVE PRACTICES Clause in Contracts

OBSTRUCTIVE PRACTICES. An “Obstructive Practice” is (i) deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making of false statements to investigators, in order to materially impede a World Bank Group investigation into allegations of a corrupt, fraudulent, coercive or collusive practice, and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or (ii) acts intended to materially impede the exercise of IFC’s access to contractually required information in connection with a World Bank Group investigation into allegations of a corrupt, fraudulent, coercive or collusive practice . INTERPRETATION Any action legally or otherwise properly taken by a party to maintain or preserve its regulatory, legal or constitutional rights such as the attorney-client privilege, regardless of whether such action had the effect of impeding an investigation, does not constitute an Obstructive Practice. GENERAL INTERPRETATION A Person should not be liable for actions taken by unrelated third parties unless the first party participated in the prohibited act in question. ANNEX K DEVELOPMENT IMPACT INDICATORS Volume of Grains Traded / Milled (MT) Taxes Paid (US$ million) Direct employment (# of employees) Direct female employment (# of female employees) Wages and Benefits (US$ million) Farmers reached (#) Purchases from Domestic Suppliers (US$ millions) ANNEX L EXISTING GUARANTEES Type of Total Line Outstanding Cancellation Borrower Beneficiary Guarantee Line (‘000 US$) (‘000 US$) Date CAGSA ING/Natixus Corporate Guarantee Pre-Export Finance $ 50,000 $ 50,000 Financial Year 0000 XXXXX XXX Corporate Guarantee Pre-Export Finance $ 100,000 $ 100,000 Financial Year 2016 SCHEDULE 1 FORM OF CERTIFICATE OF INCUMBENCY AND AUTHORITY (See Section 1.01 and Section 4.02(c) of the Loan Agreement) [Applicable Obligor Letterhead] [Date] International Finance Corporation 0000 Xxxxxxxxxxxx Xxxxxx, X.X. Xxxxxxxxxx, X.X. 00000 Xxxxxx Xxxxxx of America Attention: Xxxxxx X. Xxxxxx, Regional Head of Industry Ladies and Gentlemen:

OBSTRUCTIVE PRACTICES. An “Obstructive Practice” is (i) deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making of false statements to investigators, in order to materially impede a World Bank Group investigation into allegations of a corrupt, fraudulent, coercive or collusive practice, and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or (ii) acts intended to materially impede the exercise of IFC’s access to contractually required information in connection with a World Bank Group investigation into allegations of a corrupt, fraudulent, coercive or collusive practice . INTERPRETATION Any action legally or otherwise properly taken by a party to maintain or preserve its regulatory, legal or constitutional rights such as the attorney-client privilege, regardless of whether such action had the effect of impeding an investigation, does not constitute an Obstructive Practice. GENERAL INTERPRETATION A Person person should not be liable for actions taken by unrelated third parties unless the first party participated in the prohibited act in question. Loan Agreement EXISTING AFFILIATE TRANSACTIONS All matters disclosed on pages 130-134, Note 4 in the Borrower´s consolidated financial statements dated as of September 30, 2018. Loan Agreement ANNEX K DEVELOPMENT IMPACT INDICATORS Volume J PROHIBITED ACTIVITIES · Production or activities involving harmful or exploitative forms of Grains Traded / Milled forced labor/harmful child labor. · Production or trade in any product or activity deemed illegal under host country laws or regulations or international conventions and agreements. · Production or trade in weapons and munitions. · Production or trade in alcoholic beverages (MTexcluding beer and wine). · Production or trade in tobacco. · Gambling, casinos and equivalent enterprises. · Trade in wildlife or wildlife products regulated under Convention on International Trade in Endangered Species of Wild Fauna and Flora. · Production or trade in radioactive materials. · Production or trade in or use of unbonded asbestos fibers. · Commercial logging operations or the purchase of logging equipment for use in primary tropical moist forest (prohibited by the Forestry policy). · Production or trade in products containing PCBs. · Production or trade in pharmaceuticals subject to international phase outs or bans. · Production or trade in pesticides/herbicides subject to international phase out. · Production or trade in ozone depleting substances subject to international phase out. · Drift net fishing in the marine environment using nets in excess of 2.5 km in length. · Knowingly provide or permit to be provided any product or services (or any text, pictures, graphics, sound, video, or other data in connection with any services) Taxes Paid (US$ million) Direct employment (# of employees) Direct female employment (# of female employees) Wages and Benefits (US$ million) Farmers reached (#) Purchases from Domestic Suppliers (US$ millions) ANNEX L EXISTING GUARANTEES Type of Total Line Outstanding Cancellation Borrower Beneficiary Guarantee Line (‘000 US$) (‘000 US$) Date CAGSA ING/Natixus Corporate Guarantee Pre-Export Finance $ 50,000 $ 50,000 Financial Year 0000 XXXXX XXX Corporate Guarantee Pre-Export Finance $ 100,000 $ 100,000 Financial Year 2016 SCHEDULE 1 FORM OF CERTIFICATE OF INCUMBENCY AND AUTHORITY (See Section 1.01 and Section 4.02(c) of the Loan Agreement) [Applicable Obligor Letterhead] [Date] International Finance Corporation 0000 Xxxxxxxxxxxx Xxxxxx, X.X. Xxxxxxxxxx, X.X. 00000 Xxxxxx Xxxxxx of America Attention: Xxxxxx X. Xxxxxx, Regional Head of Industry Ladies and Gentlementhat:

OBSTRUCTIVE PRACTICES. An “Obstructive Practice” is (i) deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making of false statements to investigators, in order to materially impede a World Bank Group investigation into allegations of a corrupt, fraudulent, coercive or collusive practice, and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or (ii) acts intended to materially impede the exercise of IFC’s access to contractually required information in connection with a World Bank Group investigation into allegations of a corrupt, fraudulent, coercive or collusive practice . INTERPRETATION Any action legally or otherwise properly taken by a party to maintain or preserve its regulatory, legal or constitutional rights such as the attorney-client privilege, regardless of whether such action had the effect of impeding an investigation, does not constitute an Obstructive Practice. GENERAL INTERPRETATION A Person person should not be liable for actions taken by unrelated third parties unless the first party participated in the prohibited act in question. ANNEX K DEVELOPMENT IMPACT E PROJECT SCHEDULE Building Completion Date Building 100 May 31, 2018 Building 200 July 7, 2019 Building 300 December 31, 2019 Building 400 September 30, 2020 Building 500 December 31, 2020 Building 600 March 31, 2021 ANNEX F PERFORMANCE INDICATORS Volume Brief outcome description Indicator Baseline 2017 Target: 2022 Returns to society Transfers to government (taxes paid; US$ million) 0 1.10 Increased employment opportunities Construction employment (#) 0 400 Operations direct and indirect employment (#) 0 800 Infrastructure development Warehousing space built (square meters of Grains Traded / Milled (MTgross leasable area) Taxes Paid 0 124,100 Resource Efficiency Obtaining Green Building certification No Yes Linkages with local small and medium enterprises Purchases from domestic suppliers (US$ million) Direct employment (# 0 1.2 Demonstration Effect Establishment of employees) Direct female employment (# of female employees) Wages and Benefits (US$ million) Farmers reached (#) Purchases from Domestic Suppliers (US$ millions) new class standard N/A Yes ANNEX L EXISTING GUARANTEES Type of Total Line Outstanding Cancellation Borrower Beneficiary Guarantee Line (‘000 US$) (‘000 US$) Date CAGSA ING/Natixus Corporate Guarantee Pre-Export Finance $ 50,000 $ 50,000 Financial Year 0000 XXXXX XXX Corporate Guarantee Pre-Export Finance $ 100,000 $ 100,000 Financial Year 2016 SCHEDULE 1 FORM OF CERTIFICATE OF INCUMBENCY AND AUTHORITY (See Section 1.01 and Section 4.02(c) of the Loan Agreement) [Applicable Obligor Letterhead] [Date] International Finance Corporation 0000 Xxxxxxxxxxxx Xxxxxx, X.X. Xxxxxxxxxx, X.X. 00000 Xxxxxx Xxxxxx of America Attention: Xxxxxx X. Xxxxxx, Regional Head of Industry Ladies and Gentlemen:G ACTION PLAN