Form of Credit facility to Banks - Agence Française de Développement

10.7 Registration Costs and Stamp Duties
Under the laws of the Borrower’s jurisdiction of incorporation, the Agreement shall not be filed,
recorded or enrolled with any Authority in that jurisdiction and no stamp duties, registration
costs or similar tax are payable on, or in relation to the Agreement or the transactions
contemplated therein.
10.8 Free Transfer of Funds
All amounts due by the Borrower to the Lender under the Agreement are freely transferable to
France or to any other country.
10.9 No Event of Default
No Event of Default has occurred, is continuing, or is reasonably expected to occur.
10.10 No Misleading Information
All information and documents provided by the Borrower to the Lender are true, accurate and
are up to date as at the date they were provided or, as the case may be, as at the date to which
they refer and they have neither been amended, modified, terminated, cancelled, distorted nor
are untrue or misleading in any material respect, as a result of omission, the occurrence of a new
event or the disclosure or non-disclosure of information.
10.11 Pari Passu Ranking
The Borrower’s payment obligations under the Agreement rank at least pari passu with all its
other unsecured and unsubordinated obligations.
10.12 Taxes
All Taxes owed by the Borrower have been paid when due and there are no assessments made
by the tax Authorities with regards to Tax liabilities that are not capable of being challenged in
good faith by the Borrower.
10.13 No Litigation
Except for the potential or pending claims that have been expressly declared by the Borrower, to
the best of the Borrower’s knowledge and belief, no litigation, arbitration or administrative
proceedings before any court, arbitral body or other authority which, if adversely determined,
might reasonably be expected to have a Material Adverse Effect, are pending or have been
threatened against the Borrower or any of its assets.
10.14 Insolvency Proceedings
The Borrower is not insolvent or subject to or threatened with any insolvency or bankruptcy
proceedings or any similar proceedings whatsoever.
10.15 Licit Origin of the Funds
The Borrower represents and warrants that (i) its share capital, shareholder loans and/or grants
and (ii) the funds invested in the Project are not of illicit origin under:
(i) French law and in particular (without limitation) are not linked to drug trafficking, fraud
against the financial interests of the European Communities, corruption, organised criminal
activities or the financing of terrorism; and/or
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