ARE DISPATCHED;
(B)
IF ANY EVENT OF DEFAULT IS CONTINUING,
SUCH INFORMATION OR PROJECTIONS REGARDING THE FINANCIAL CONDITION, BUSINESS,
PROPERTY, ASSETS, OPERATIONS, PERFORMANCE OR PROSPECTS OF ANY MEMBER OF THE
GROUP AS ANY FINANCE PARTY (THROUGH THE FACILITY AGENT) MAY REASONABLY REQUEST;
AND
(C)
PROMPTLY, DETAILS OF ANY DISPOSAL,
CLAIM OR CIRCUMSTANCE WHICH WILL REQUIRE A PREPAYMENT OF LOANS UNDER PARAGRAPH
(B) OF CLAUSE 11.7 (EXIT), CLAUSE 11.8 (EQUITY PROCEEDS) AND CLAUSE 11.9
(DISPOSAL PROCEEDS);
(D)
ANY OTHER INFORMATION AND DOCUMENTS AS
MAY BE REQUIRED UNDER SECTIONS 13, 13(A) AND 18 OF THE GERMAN BANKING ACT
(GESETZ ÜBER DAS KREDITWESEN),
provided that the Company shall not be obliged to disclose to the Facility Agent
any non-public information about the Group that would result in the Group being
in breach of any legal or regulatory restriction applicable to any member of the
Group.
23.6
NOTIFICATION OF DEFAULT
(A)
EACH OBLIGOR SHALL NOTIFY THE FACILITY
AGENT OF ANY DEFAULT (AND THE STEPS, IF ANY, BEING TAKEN TO REMEDY IT) PROMPTLY
UPON BECOMING AWARE OF ITS OCCURRENCE (UNLESS THAT OBLIGOR IS AWARE THAT A
NOTIFICATION HAS ALREADY BEEN PROVIDED BY ANOTHER OBLIGOR).
(B)
PROMPTLY UPON A REQUEST BY THE FACILITY
AGENT, THE COMPANY SHALL SUPPLY TO THE FACILITY AGENT A CERTIFICATE SIGNED BY AT
LEAST ONE DIRECTOR OR SENIOR OFFICER ON ITS BEHALF CERTIFYING THAT NO DEFAULT IS
CONTINUING (OR IF A DEFAULT IS CONTINUING, SPECIFYING THE DEFAULT AND THE STEPS,
IF ANY, BEING TAKEN TO REMEDY IT).
23.7
"KNOW YOUR CUSTOMER" CHECKS
(A)
IF:
(I)
THE INTRODUCTION OF OR ANY CHANGE IN (OR IN THE
INTERPRETATION, ADMINISTRATION OR APPLICATION OF) ANY LAW OR REGULATION MADE
AFTER THE DATE OF THIS AGREEMENT;
87
(II)
ANY CHANGE IN THE STATUS OF AN OBLIGOR OR THE
COMPOSITION OF THE SHAREHOLDERS OF AN OBLIGOR AFTER THE DATE OF THIS AGREEMENT;
OR
(III)
A PROPOSED ASSIGNMENT OR TRANSFER BY A LENDER OF ANY OF
ITS RIGHTS AND/OR OBLIGATIONS UNDER THIS AGREEMENT TO A PARTY THAT IS NOT A
LENDER PRIOR TO SUCH ASSIGNMENT OR TRANSFER,
obliges the Facility Agent or any Lender (or, in the case of sub-paragraph (iii)
above, any prospective new Lender) to comply with "know your customer" or
similar identification procedures in circumstances where the necessary
information is not already available to it, each Obligor shall promptly upon the
request of the Facility Agent or any Lender supply, or procure the supply of,
such documentation and other evidence as is reasonably requested by the Facility
Agent (for itself or on behalf of any Lender) and reasonably obtainable by the
relevant Obligor or any Lender (for itself or, in the case of the event
described in sub-paragraph (iii) above, on behalf of any prospective new Lender)
in order for the Facility Agent, such Lender or, in the case of the event
described in sub-paragraph (iii) above, any prospective new Lender to carry out
and be satisfied (acting reasonably) with the results of all necessary "know
your customer" or other similar checks under all applicable