GUARANTEES), CLAUSE 20.4 (FINANCIAL INDEBTEDNESS), CLAUSE 20.5 (DIVIDENDS,
DISTRIBUTIONS AND SHARE CAPITAL), CLAUSE 20.8 (MERGERS), CLAUSE 20.9 (JOINT
VENTURES) OR CLAUSE 20.13 (ACQUISITIONS AND INVESTMENTS).
(B)
ANY OBLIGOR FAILS DULY TO PERFORM OR COMPLY
WITH ANY OBLIGATION EXPRESSED TO BE ASSUMED BY IT IN CLAUSE 17 (FINANCIAL
INFORMATION) OR SUB-PARAGRAPH (B)(I) OF CLAUSE 19.12 (FURTHER ASSURANCE),
PARAGRAPHS (A) AND (B) OF CLAUSE 19.9 (HEDGING), AND SUCH FAILURE, IF CAPABLE OF
REMEDY IS NOT SO REMEDIED WITHIN 10 BUSINESS DAYS OF THE EARLIER OF SUCH OBLIGOR
BECOMING AWARE OF SUCH FAILURE TO PERFORM OR COMPLY AND THE FACILITY AGENT
HAVING GIVEN NOTICE OF SUCH FAILURE TO THE ULTIMATE PARENT.
(C)
THERE IS ANY BREACH OF CLAUSE 18.2
(RATIOS).
(D)
THERE IS ANY BREACH OF CLAUSE 20.6
(DISPOSALS), PROVIDED THAT WHERE THE FAILURE TO COMPLY WITH ANY OBLIGATION UNDER
CLAUSE 20.6 (DISPOSALS) RELATES TO THE OBLIGATION TO DELIVER A CERTIFICATE
WITHIN A SPECIFIED TIME PERIOD, NO EVENT OF DEFAULT SHALL BE DEEMED TO HAVE
OCCURRED UNLESS THE RELEVANT OBLIGOR SHALL HAVE FAILED TO DELIVER (OR PROCURE
THE DELIVERY OF) THE REQUIRED CERTIFICATE WITHIN SUCH TIME PERIOD AND UPON
REQUEST BY THE FACILITY AGENT FOR A DESCRIPTION OF THE TRANSACTIONS RELATING TO
SUCH CERTIFICATE WHICH WAS NOT DELIVERED, THE RELEVANT OBLIGOR FAILS TO PROVIDE
SUCH DETAILS WITHIN 10 BUSINESS DAYS AFTER SUCH REQUEST.
22.3
OTHER OBLIGATIONS
Any Obligor fails duly to perform or comply with any of the obligations
expressed to be assumed by it in any of the Finance Documents (other than any of
those referred to in Clauses 22.1 (Non-Payment) and 22.2 (Covenants)) and such
failure, if capable of remedy, is not so remedied within 30 days of the earlier
of the Ultimate Parent or such Obligor becoming aware of such failure to perform
or comply and the Facility Agent having given notice of such failure to the
Borrower.
22.4
MISREPRESENTATION
Any representation or statement made or repeated (or procured to be made or
repeated) by any Obligor in any Finance Document or in any notice or other
document or certificate delivered by it (or procured by it to be delivered)
pursuant to a Finance Document is or proves to have been incorrect or misleading
in any material respect when made or repeated where the circumstances giving
rise to such inaccuracy, if capable of remedy or change are not remedied or do
not change within 30 days of the earlier of the Ultimate Parent or the relevant
Obligor becoming aware of such circumstances and the Facility Agent having
notified the Borrower of such misrepresentation having occurred.
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22.5
CROSS DEFAULT
(A)
ANY FINANCIAL INDEBTEDNESS OF ANY MEMBER OF
THE GROUP IS NOT PAID WHEN DUE AND PAYABLE, AFTER TAKING INTO ACCOUNT ANY
APPLICABLE GRACE PERIOD;
(B)
ANY FINANCIAL INDEBTEDNESS OF ANY MEMBER OF
THE GROUP IS DECLARED (OR IS CAPABLE OF BEING DECLARED) TO BE OR OTHERWISE
BECOMES DUE AND PAYABLE PRIOR TO ITS SPECIFIED MATURITY AS A RESULT OF AN EVENT
OF DEFAULT (HOWEVER DESCRIBED), AFTER TAKING INTO ACCOUNT