Form of Credit facility to Banks - Agence Française de Développement

(i)
carry out its business in compliance with pursuant to laws and regulations applicable in the
country of implementation of the Project and to comply with environmental and social
standards;
(ii) require the Clients Beneficiaries to comply with all standards and regulations set out in the
preceding paragraph in the operation of their businesses.
[OPTION 1: the Borrower environmental and social policies are considered as satisfactory by
the Lender]
(iii) act in a socially and environmentally responsible manner, evidenced by:
- a list of excluded projects that the Borrower undertakes not to finance;
- a process for managing environmental and social risks affecting projects financed
by the Borrower; and
- a corporate social responsibility programme (CSR).
(iv) deliver to the Lender, on each anniversary date of the Agreement, an annual progress report
regarding its environmental and social liability policies.
[OPTION 2: the Lender considers that the Borrower’s environmental and social policies need
to be elaborated or improved]
(iii) elaborate and implement, within a two (2) year period from the Signing Date,
environmental and social liability policies, in compliance with the ESAP set out in
Schedule 10 (Environmental and Social Action Plan).
OR
(iii) improve within a eighteen (18) month period from the Signing Date, its environmental and
social liability policies, in compliance with the ESAP set out in Schedule 10
(Environmental and Social Action Plan) 16 .
(iv) deliver to the Lender, on each anniversary date of the Agreement, an annual progress
report regarding the implementation actions of its environmental and social liability
policies together with next steps schedule.
11.16 No Competition
The Borrower undertakes not to submit to any donor other than the Lender, Drawing Rights
Requests or Drawdown Requests in the forms of advances 17 for an Eligible Project to be
financed with the Facility (however, if an Eligible Project is partially financed with the Facility,
this provision shall only apply to the portion of the Eligible Project financed with the Facility).
16 If the ESAP is not made at as the Signing Date, the delivery of the ESAP (to the satisfactory of the Lender)
shall be a condition precedent to the first Drawdown. The Borrower shall also undertake to implement it and
deliver to the Lender annual follow-up reports.
17 To be deleted according to the chosen option in Clause 3.4 (Payment Mechanics).
19