Common use of Other Rights and Obligations of the Parties Clause in Contracts

Other Rights and Obligations of the Parties. The Guarantor is authorized to, after full and proper settlement of the Secured Claims, request from the Bank copies of documents supporting the Secured Claims against the Debtor that have been re-assigned to him/her/it. The Guarantor shall: Within reasonable term defined by a written request of the Bank provide the Bank with a document and/or information in format acceptable to the Bank which: Reflects total assets/property, financial status (including balance sheet and income statement), business transactions, statements from bank accounts (including accounts in other banking/finance institutions) and reporting (including tax reports) of the Guarantor; Reflects data regarding possible, potential and/or existing administrative, court (including arbitration) or/and other similar disputes or/and proceedings that may significantly affect fulfillment of obligations assumed by the Guarantor under the Agreement, including, without limitations, disputes or legal proceedings with respect to the assets/property, insolvency/bankruptcy of the Guarantor; Are necessary for observance and fulfillment by the Bank of requirements of the Legislation; Are reasonably required by the Bank (including for the purpose of monitoring the fulfillment of obligations assumed by the Guarantor under the Agreement). Without prior written consent of the Bank, as a legal entity or other organizational formation which is not a legal entity, shall not allow for the change of main sphere of activities, reorganization (transformation, merger, split) or liquidation; Shall not allow disposal and/or putting any other encumbrance on his own assets/property and/or part thereof, and/or shall not assume any obligations and/or bear any costs, and/or perform any such activity which may significantly affect the fulfillment of obligations assumed by the Guarantor under the Agreement; Maintain his/her/its financial reporting, as well as financial reporting of his/her/its Subsidiaries in full compliance with the rules and procedures prescribed by the Legislation, and at the request of the Bank ensure access to auditor appointed by the Bank for inspection of any such financial reporting at the expense of the Bank and/or Debtor Ensure observance of the Representations and Warrantees, obligations and/or other provisions stipulated by the Agreement; The Bank is authorized to assign the Secured Claims and guarantee (claims under the guarantee) to other Person; The Bank shall notify the Guarantor in writing within reasonable term about the assignment of the Secured Claims and the guarantee.

Appears in 4 contracts

Samples: Joint Guarantee Agreement, Joint Guarantee Agreement, Joint Guarantee Agreement

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