Tabreed 06 Prospectus - London Stock Exchange
Tabreed 06 Prospectus - London Stock Exchange
Tabreed 06 Prospectus - London Stock Exchange
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Investments (or part thereof) from time to time to enable it to pay instalments falling due under the<br />
Istisna’a Agreement.<br />
Service Agency Agreement<br />
Under the terms of the Service Agency Agreement, the Service Agent will, inter alia, be responsible<br />
on behalf of the Issuer for the performance of all Major Maintenance in respect of the Delivered<br />
Plants, payment of plant ownership taxes and the procuring of insurances in accordance with good<br />
industry practices as of the Closing Date.<br />
Following the occurrence of a Total Loss Event, if the proceeds of any insurances received in respect<br />
of such Total Loss Event are less than the applicable Base Amount, such event shall constitute<br />
evidence that the Service Agent has failed to perform its obligations to insure under this Agreement<br />
and shall therefore be liable to pay to the Lessor an amount equivalent to the shortfall between any<br />
amounts received from the insurers and the Exercise Price payable under the Purchase Undertaking<br />
unless the Service Agent proves otherwise.<br />
Tax Gross-up<br />
All payments by <strong>Tabreed</strong>, or the Issuer, as the case may be, under the Transaction Documents or in<br />
respect of the Certificates are to be made without withholding or deduction for or on account of<br />
Taxes, unless the withholding or deduction of Taxes is required by law. In such event, (a) where<br />
<strong>Tabreed</strong> is required to make such a withholding or deduction, <strong>Tabreed</strong> will be required, pursuant to<br />
the relevant Transaction Document to pay to the Issuer, and/or (b) where the Issuer is required to<br />
make such a withholding or deduction, the Issuer will be required to pay in respect of the<br />
Certificates, such additional amounts so that (i) the Issuer will receive the full amount which<br />
otherwise would have been due and payable under the relevant agreement or deed and (ii) the<br />
Certificateholders will receive the full amount which otherwise would have been due and payable<br />
under the Certificates.<br />
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