OBLIGOR FAILS DULY TO
PERFORM OR COMPLY WITH ANY OBLIGATION EXPRESSED TO BE ASSUMED BY IT IN
CLAUSE 24.1 (APPLICATION OF ADVANCES), CLAUSE 25.2 (NEGATIVE PLEDGE),
CLAUSE 25.3 (LOANS AND GUARANTEES), CLAUSE 25.4 (FINANCIAL INDEBTEDNESS),
CLAUSE 25.5 (DIVIDENDS, DISTRIBUTIONS AND SHARE CAPITAL), CLAUSE 25.8 (MERGERS),
CLAUSE 25.9 (JOINT VENTURES) OR CLAUSE 25.13 (ACQUISITIONS AND INVESTMENTS).
(B)
THE PARENT OR ANY OBLIGOR FAILS DULY TO PERFORM OR COMPLY WITH ANY
OBLIGATION EXPRESSED TO BE ASSUMED BY IT IN CLAUSE 22 (FINANCIAL INFORMATION) OR
SUB-PARAGRAPH (B)(I) OF CLAUSE 24.12 (FURTHER ASSURANCE), PARAGRAPHS (A) AND
(B) OF CLAUSE 24.9 (HEDGING), AND SUCH FAILURE, IF CAPABLE OF REMEDY IS NOT SO
REMEDIED WITHIN 10 BUSINESS DAYS OF THE EARLIER OF THE 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 COMPANY.
(C)
THERE IS ANY BREACH OF CLAUSE 23.2 (RATIOS).
(D)
THERE IS ANY BREACH OF CLAUSE 25.6 (DISPOSALS), PROVIDED THAT
WHERE THE FAILURE TO COMPLY WITH ANY OBLIGATION UNDER CLAUSE 25.6 (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 BORROWER
SHALL HAVE FAILED TO DELIVER 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 BORROWER FAILS TO
PROVIDE SUCH DETAILS WITHIN 10 BUSINESS DAYS AFTER SUCH REQUEST.
27.3
OTHER OBLIGATIONS
The Ultimate Parent, the Parent or 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 27.1 (Non-Payment) and
27.2 (Covenants)) and such failure, if capable of remedy, is not so remedied
within 30 days of the earlier of the Ultimate Parent, the 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.
27.4
MISREPRESENTATION
Any representation or statement made or repeated by the Ultimate Parent, the
Parent or an Obligor in any Finance Document or in any notice or other document
or certificate delivered by it pursuant to a Finance Document is or proves to
have been incorrect or misleading in any
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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, the Parent or the
relevant Obligor becoming aware of such circumstances and the Facility Agent
having notified the Borrower of such misrepresentation having occurred.
27.5
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