Form of Credit facility to Banks - Agence Française de Développement

- any incident or accident directly related to the implementation of the Eligible Project(s)
which might have a significant effect on the environment or on the work conditions of its
employees or its contracting parties working for the implementation of the Eligible
Project(s), the nature of such incident or accident and all the actions taken or to be taken, as
the case may be, by the Borrower to remedy it, as promptly as practicable following the
occurrence of such incident or accident;
- any decision or event which might affect the organization, completion or continuance of
the Eligible Project(s), as promptly as practicable;
- any amendments to its statutory documents which must legally be published;
- any transaction which might result in a transfer of ownership of five percent (5%) or more
of the share capital of the Borrower, or in a direct or indirect change of Control of the
Borrower; and
- any other information concerning its financial condition, business or operations or any
elements or evidence that the Lender may reasonably request, as promptly as practicable.
[Other Information Undertakings to be added depending on the Project and/or the Borrower]
13. EVENTS OF DEFAULT ACCELERATION
13.1 Events of Default
Each of the events or circumstances set out in this Clause 13.1 (Events of Default) constitutes an
Event of Default.
13.1.1 Payment Default
The Borrower does not pay on the due date any amount due pursuant to this Agreement at the
agreed location and/or in the agreed currency, unless the payment is fully made by the
Borrower within a maximum of five (5) Business Days following its due date.
13.1.2 Undertakings and Obligations
The Borrower breaches any of the provisions of the Agreement and in particular, without
limitation, any of its undertakings given pursuant to Clause 11 (Undertakings) and Clause 12
(Information Undertakings) of this Agreement.
Except for undertakings taken pursuant to Clauses 11.11 (Business Relationship), 11.12 (Licit
Origin of Funds) and 11.13 (No Corruption) for which no grace period shall be granted, no
Event of Default pursuant to this Clause 13.1.2 (Undertakings and Obligations) shall be
declared if the breach of such provisions has been cured within five (5) Business Days from
the date of delivery of a notice by the Lender to the Borrower or the date the Borrower
becomes aware of such breach.
13.1.3 Misrepresentations
Any representation, warranty and/or statement made or reputed to be made by the Borrower
pursuant to the Agreement and in particular under Clause 10 (Representations and
Warranties) or under any other documents provided by or on behalf of the Borrower pursuant
to or relating to the Agreement, is inaccurate or misleading at the time it was made or
considered to be made.
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