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This excerpt taken from the LUX 20-F filed Jun 28, 2006. Control
Event”) or (2) circumstances exist that might reasonably give
rise to the occurrence of a Control Event, the Italian Borrower shall, to the
extent it can do so without breaching any applicable law or regulation or
contract and subject always to Clause 25 (Confidentiality),
promptly notify the Agent upon becoming aware of that event.
(b) If within 20 days of receiving the notice referred to in Sub clause (a) the Majority Lenders:(i) determine, acting reasonably and in good faith, that the New Shareholder(s) are of a reputation that gives the Majority Lenders reason to believe that any amounts due under the Finance Documents will not be repaid as and when they become due; and(ii) deliver a written notice through the Italian Agent to the Italian Borrower to this effect,then upon the later of (i) the receipt of the notice pursuant to paragraph (b) above and (ii) the occurrence of the Control Event the Agent shall, by not less than 45 days’ notice to the Borrowers (by means of a notice in addition to the one specified in b(ii) above), cancel the Total Commitments and declare all outstanding Loans, together with accrued interest, and all other amounts accrued under the Finance Documents immediately due and payable, whereupon the Total Commitments will be cancelled and all outstanding amounts will become immediately due and payable. (c) For the purposes of this Clause 8.2 “ |
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