Climate Contract Playbook Edition 3
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1.5 Typical Clause to Review: Group Bank Accounts (Clause 28.34 of the LMA Form) 28.34 Group Bank Accounts
(a) The Borrower shall ensure that [by no later than the Closing Date] [within [number of] days of the Closing Date] a deposit account shall be opened and maintained in the name of the Borrower and shall be designated as a Deposit Account. (b) The Borrower will allocate the proceeds of the Green Facility to the Deposit Account for application in accordance with the Green Loan Framework. (c) Proceeds of the Green Facility not required to be immediately applied in accordance with the Green Loan Framework shall not be invested in any greenhouse gas intensive, highly polluting or non-green energy intensive projects. The unallocated proceeds may: (i) be invested in or refinanced by any [other green financing instruments][green bonds] issued in accordance with [third party green standards]; or (ii) be invested in money market instruments with a credit rating of [applicable rating], until such time as they are applied to the Eligible Green Project in accordance with the Green Loan Framework.
1.6
Typical Clause to Review: Events of Default (Clause 29 of the LMA Form)
29.22 Green Loan Audits
(a) If the Borrower fails to comply with any of the provisions referred to in: (i) Clause 3.1 (Purpose); (ii) Clause 25.34 (Green Loan Representations);
(iii) Clause 26.8 (Green Loan Reporting); (iv) Clause 28.34 (Group Bank Accounts); or (v) Clause 28.42 (Green Loan Undertakings),
the Agent (acting on the instructions of the Lenders) may carry out any third party verifications or audits, at the cost of the Borrower, that it considers reasonably necessary to confirm compliance by the Borrower with its obligations under this Agreement. (b) The terms of reference of any audit pursuant to this Clause 29.22 shall be subject to the prior approval of the Agent (acting on the instructions of the Lenders). (c) The findings of any audit carried out pursuant to this Clause 29.22 shall, in the absence of manifest error, be conclusive and binding on all Parties. 29.23 Declassification Events If: (d) any representation, warranty or statement made or given or deemed to be made or given by the Borrower relating to a Green Loan is or provides to have been incorrect or misleading in any material respect when made or deemed to be made; (e) the Borrower fails to comply with any of the provisions referred to in: (i) Clause 3.1 (Purpose); (ii) Clause 25.34 (Green Loan Representations);
(iii) Clause 26.8 (Green Loan Reporting); (iv) Clause 28.34 (Group Bank Accounts); (v) Clause 28.42 (Green Loan Undertakings); or
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