Climate Contract Playbook Edition 3
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(f) not, without the prior written consent of the Sustainability Coordinator (acting in accordance with the instructions of the Majority Lenders), amend or vary the Sustainability Strategy. 3.3 [Energy Performance Certificate of each [Business Site]] [Each Obligor shall, within [15] Business Days of a request by the Sustainability Coordinator, supply or shall procure to supply to the Sustainability Coordinator of a copy of the current energy performance certificate(s) in respect of each Business Site or evidence that an energy performance certificate is not required under any applicable law or regulation.] 3.4 Environmental, social and corporate governance (g) Together with delivery of each Sustainability Compliance Certificate the Company shall notify the Sustainability Coordinator (in reasonable detail) of any incident relating to environmental, social and corporate governance of the Group that has occurred that is in any material respect a breach or non-compliance with its Sustainability Objectives [or any ESG report delivered to the Sustainability Coordinator]. (h) Upon delivery of each set of its Annual Financial Statements each Obligor shall deliver to the Agent information as may be reasonably requested by the Sustainability Coordinator (acting on the instructions of the Majority Lender) regarding the environmental, social and corporate governance of the Group which is not already contained in such Annual Financial Statements. Events of Default 4.1 [A Sustainability Linked Borrower has Achieved SPTs which are less than [25%] of the total number of Sustainability Performance Targets as at any Sustainability Performance Test Date, as indicated by a Sustainability Performance Evaluation.] 4.2 A Sustainability Linked Borrower fails to provide a Sustainability Compliance Certificate pursuant to Clause 4.1(a) for a Sustainability Performance Evaluation. 5. Conditions Subsequent 4. 5.1 [Publication of each Sustainability Strategy and the Sustainability Performance Targets within [x] Business Days of the date of this Agreement on the relevant Sustainability Linked Borrower’s website.]
Schedule 1 – Conditions Precedent
1.
Sustainability linked documentation (a) The Sustainability Strategy initialled by the Sustainability Linked Borrower and the Sustainability Coordinator. (b) A certificate of the Sustainability Linked Borrower (signed by a director) confirming the Sustainability Linked Borrower will undertake its business activities and apply proceeds of the Sustainability Linked Facilities in accordance with the Sustainability Strategy. (c) A report by the relevant Sustainability Experts addressed to the Lenders confirming that the Sustainability Strategy is appropriate, uses suitable and reasonable methodologies and that its application can reasonably be expected to enable the Sustainability Linked Borrower to achieve its Sustainability Performance Targets (d) [Insert specific SPTs CPs/Industry standard reports/ratings related to SPTs etc.]
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