OF THE CODE) WHICH COVERS OR HAS COVERED EMPLOYEES OR FORMER
EMPLOYEES OF ANY MEMBER OF THE GROUP OR ANY ERISA AFFILIATE HAS AT ALL TIMES
BEEN OPERATED IN COMPLIANCE WITH THE PROVISIONS OF PART 6 OF SUBTITLE B OF TITLE
I OF ERISA AND SECTION 4980B OF THE CODE, SAVE WHERE THE FAILURE TO DO SO WOULD
NOT REASONABLY BE EXPECTED TO RESULT IN A MATERIAL ADVERSE EFFECT.
(G)
IT AND EACH OTHER MEMBER OF THE GROUP DO NOT MAINTAIN OR CONTRIBUTE
TO ANY EMPLOYEE WELFARE BENEFIT PLAN (AS DEFINED IN SECTION 3(1) OF ERISA) WHICH
PROVIDES BENEFITS TO RETIRED EMPLOYEES OR OTHER FORMER EMPLOYEES (OTHER THAN AS
REQUIRED BY SECTION 601 OF ERISA) THE OBLIGATIONS WITH RESPECT TO WHICH WOULD
REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT.
112
(H)
EACH FOREIGN PENSION PLAN HAS BEEN MAINTAINED IN SUBSTANTIAL
COMPLIANCE WITH ITS TERMS AND WITH THE REQUIREMENTS OF ANY AND ALL APPLICABLE
LAWS, STATUTES, RULES, REGULATIONS AND ORDERS AND HAS BEEN MAINTAINED, WHERE
REQUIRED, IN GOOD STANDING WITH APPLICABLE REGULATORY AUTHORITIES, IN THE CASE
OF EACH OF THE FOREGOING, SAVE WHERE THE FAILURE TO DO SO WOULD NOT REASONABLY
BE EXPECTED TO RESULT IN A MATERIAL ADVERSE EFFECT.
(I)
ALL CONTRIBUTIONS REQUIRED TO BE MADE WITH RESPECT TO A FOREIGN
PENSION PLAN MAINTAINED BY IT HAVE BEEN MADE WITHIN THE TIME LIMIT THEREFOR,
SAVE WHERE THE FAILURE TO DO SO WOULD NOT REASONABLY BE EXPECTED TO RESULT IN A
MATERIAL ADVERSE EFFECT.
21.35
REPETITION
Each Repeating Representation is deemed to be made by the party identified as
making such Repeating Representation above in relation to itself, or in the case
of the Company in relation to itself and each Obligor or the Bank Group as a
whole (as applicable), by reference to the facts and circumstances then existing
on each Utilisation Date (save for a Utilisation Date in respect of a Rollover
Advance or a Documentary Credit which is being renewed pursuant to Clause 5.2
(Renewal of Documentary Credits)) and on the first day of each Interest Period.
22.
FINANCIAL INFORMATION
22.1
FINANCIAL STATEMENTS
(A)
GROUP FINANCIAL INFORMATION: THE COMPANY SHALL PROVIDE TO THE
FACILITY AGENT IN SUFFICIENT COPIES FOR ALL THE LENDERS, THE FOLLOWING FINANCIAL
INFORMATION RELATING TO THE GROUP:
(I)
AS SOON AS THE SAME BECOME AVAILABLE, BUT IN ANY EVENT WITHIN 120
DAYS AFTER THE END OF EACH OF THE ULTIMATE PARENT'S FINANCIAL YEARS, THE
CONSOLIDATED FINANCIAL STATEMENTS FOR SUCH FINANCIAL YEAR IN RESPECT OF THE
GROUP, AUDITED BY A FIRM OF AUDITORS MEETING THE REQUIREMENTS OF CLAUSE 24.17
(CHANGE IN AUDITORS), AND ACCOMPANIED BY THE RELATED AUDITOR'S REPORT; AND
(II)
AS SOON AS THEY BECOME AVAILABLE BUT IN ANY EVENT WITHIN 45 DAYS
AFTER THE END OF EACH FINANCIAL QUARTER, THE UNAUDITED CONSOLIDATED QUARTERLY
FINANCIAL STATEMENTS OF THE GROUP COMMENCING WITH THE FIRST COMPLETE FINANCIAL
QUARTER ARISING AFTER THE ORIGINAL EXECUTION DATE (OTHER THAN, FOR SO LONG AS
THE ULTIMATE PARENT REMAINS A REPORTING COMPANY UNDER THE RULES OF THE SEC, THE