Common use of Times when representations made Clause in Contracts

Times when representations made. (a) All the representations and warranties in this Clause 21 (other than paragraph (a) of Clause 21.11 (No default)) are made by each Obligor on the 2016 Amendment and Restatement Effective Date and on the 2021 Amendment and Restatement Effective Date. (b) The Repeating Representations are deemed to be made by each Obligor on: (i) the date of each Utilisation Request; (ii) each Utilisation Date; and (iii) the first day of each Interest Period. (c) The representations and warranties set out in paragraph (a) of Clause 21.14 (Financial statements) will cease to be made in respect of any financial statements on and from the date on which more recent financial statements are delivered to the Agent pursuant to Clause 22.4 (Financial statements). (d) The Repeating Representations and each of the representations and warranties set out in Clause 21.9 (No filing or stamp taxes), Clause 21.10 (Deduction of Tax) and paragraph (a) of Clause 21.14 (Financial statements) (as if such representation applied to the financial statements delivered by that Additional Guarantor as a condition precedent to its accession to this Agreement) are deemed to be made by each Additional Guarantor on the day on which it becomes an Additional Guarantor. (e) Each representation or warranty made or deemed to be made after the date of the 2016 Amendment and Restatement Effective Date shall be made or deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is made or deemed to be made.

Times when representations made. (a) All the The representations and warranties in this Clause 21 (other than paragraph (a) of Clause 21.11 (No default)) are 20 shall be made by each Obligor on the 2016 Amendment date of this Agreement and Restatement Effective Date and on the 2021 Amendment and Restatement Effective first Utilisation Date. (b) The Repeating Representations are shall be deemed to be made by each Obligor on: (i) on the date of each Utilisation Request; (ii) , on each Utilisation Date; and (iii) Date and on the first day of each Interest Period. (c) The representations and warranties set out in Clause 20.11 (Financial Statements) in respect of each set of Financial Statements delivered pursuant to Clause 21.1 (Financial Statements) shall only be made once in respect of each set of Financial Statements on the date such Financial Statements are delivered. (d) All the representations and warranties in this Clause 20 except paragraph (a) of Clause 21.14 20.9 (Financial statements) will cease to be made in respect of any financial statements on and from the date on which more recent financial statements are delivered to the Agent pursuant to No Default), Clause 22.4 20.10 (Financial statementsNo Misleading Information). , paragraph (d) The Repeating Representations and each of the representations and warranties set out in Clause 21.9 20.11 (No filing or stamp taxes), Clause 21.10 (Deduction of TaxFinancial Statements) and paragraph Clause 20.16 (a) of Clause 21.14 (Financial statements) (as if such representation applied to the financial statements delivered by that Additional Guarantor as a condition precedent to its accession to this AgreementNigeria Group Structure and Subsidiaries) are deemed to be made by each Additional Guarantor on the day on which it becomes (or it is proposed that it becomes) an Additional Guarantor. (e) Each representation or warranty made or deemed to be made after the date of the 2016 Amendment and Restatement Effective Date this Agreement shall be made or deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is made or deemed to be made.

Times when representations made. (a) All the representations and warranties in this Clause 21 (other than paragraph (a) of Clause 21.11 (No default)) 20 are made by each Original Obligor on the 2016 Amendment and Restatement Effective Date date of this Agreement and on the 2021 Amendment and Restatement Effective Closing Date. (b) The Repeating Representations are deemed to be made by each Obligor on: (i) on the date of each the Utilisation Request; (ii) each , on the Utilisation Date; and (iii) , on the first day of each Interest PeriodQuarter Period (except that those contained in paragraphs (a) to (e) of Clause 20.13 (Original Financial Statements) will cease to be so made once subsequent financial statements have been delivered under this Agreement). (c) The representations and warranties set out in paragraph (a) of Clause 21.14 (Financial statements) will cease to be made in respect of any financial statements on and from the date on which more recent financial statements are delivered to the Agent pursuant to Clause 22.4 (Financial statements). (d) The Repeating Representations and each of All the representations and warranties set out in this Clause 21.9 20 except Clause 20.12 (No filing or stamp taxesmisleading information), Clause 21.10 20.25 (Deduction of TaxGroup Structure Chart), Clause 20.27 (Acquisition Documents, Disclosures and Other Documents) and paragraph Clause 20.29 (a) of Clause 21.14 (Financial statements) (as if such representation applied to the financial statements delivered by that Additional Guarantor as a condition precedent to its accession to this AgreementHolding Companies) are deemed to be made by each Additional Guarantor on the day on which it becomes (or it is proposed that it becomes) an Additional Guarantor. (ed) Each representation or warranty made or deemed to be made after the date of the 2016 Amendment and Restatement Effective Date this Agreement shall be made or deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is made or deemed to be made.

Times when representations made. (a) All the representations and warranties in this Clause 21 17 (other than in paragraph (a) and (b) of Clause 21.11 (No default)17.11) are made by each Obligor the Obligors on the 2016 Amendment and Restatement Effective Signing Date and on the 2021 Extension Agreement Date and on the dates (and subject to the amendments) specified in the 2023 Amendment and Restatement Effective DateAgreement, except where a representation is expressed to be given at a specific date (in which case it shall be made on such date). (b) The Repeating Representations (except, save as set out below, for Clause 17.10 (No Misleading Information) and Clause 17.26 (U.S. Securities laws; status of the Collateral SDRs)) are deemed to be made by each Obligor on: the Obligors: (i) the date of each Utilisation Request; (ii) each Utilisation Date; and (iii) on the first day of each Interest Period.; (ii) on each date on which SDRs are purchased by the Borrower or credited to the Collateral SDRs Account; and (iii) on each Utilisation Date (c) The representations and warranties Repeating Representation set out in paragraph Clause 17.10 (aNo Misleading Information) of Clause 21.14 (Financial statements) will cease is deemed to be made in respect of any financial statements by the Obligors on and from the date on which more recent financial statements are delivered the information referred to the Agent pursuant to in such Clause 22.4 (Financial statements)is delivered. (d) The Repeating Representations and each of the representations and warranties set out in Clause 21.9 17.26 (No filing or stamp taxes), Clause 21.10 (Deduction U.S. Securities laws; status of Tax) and paragraph (a) of Clause 21.14 (Financial statements) (as if such representation applied to the financial statements delivered by that Additional Guarantor as a condition precedent to its accession to this AgreementCollateral SDRs) are deemed to be made by the Obligors on each Additional Guarantor on the day on which it becomes an Additional GuarantorUtilisation Date. (e) Each representation or warranty made or deemed to be made after the date of the 2016 Amendment and Restatement Effective Signing Date shall be made or deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is made or deemed to be made.

Times when representations made. (a) All the representations and warranties in this Clause 21 (other than paragraph (a) of Clause 21.11 (No default)) 19 are made by each Original Obligor on the 2016 Amendment and Restatement Effective Date and on the 2021 Amendment and Restatement Effective Datedate of this Agreement. (b) The Repeating Representations are deemed to be made by each Obligor on: (i) on the date of each Utilisation Request; (ii) Request and on each Utilisation Date; and (iii) Date and on the first day of each Interest Period. (c) All Repeating Representations, together with the representations and warranties in Clause 19.17 (Ranking) and 19.19 (Legal and Beneficial Ownership), are deemed to be made by each Additional Obligor on the day on which it becomes (or it is proposed that it becomes) an Additional Obligor. (d) The representations and warranties set out in paragraph (aClause 19.12(a) of Clause 21.14 (Financial statementsStatements) will cease are deemed to be made by the Company on the date of this Agreement and the representations and warranties in respect of any financial statements Clause 19.12(b) (Financial Statements) are deemed to be made by each Obligor on and from the date on which more recent each set of financial statements referred to therein are delivered to the Agent, in respect of such financial statements, beginning with the first date on which financial statements are delivered to the Agent pursuant to Clause 22.4 20.1 (Financial statementsStatements). (d) The Repeating Representations and each of the representations and warranties set out in Clause 21.9 (No filing or stamp taxes), Clause 21.10 (Deduction of Tax) and paragraph (a) of Clause 21.14 (Financial statements) (as if such representation applied to the financial statements delivered by that Additional Guarantor as a condition precedent to its accession to this Agreement) are deemed to be made by each Additional Guarantor on the day on which it becomes an Additional Guarantor. (e) Each representation or warranty made or deemed to be made after the date of the 2016 Amendment and Restatement Effective Date this Agreement shall be made or deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is made or deemed to be made.

Times when representations made. (a) All the representations and warranties in this Clause 21 20 are made by each Original Obligor on the date of this Agreement except for the representations and warranties set out in paragraphs (a) to (e) of Clause 20.12 (No Misleading Information) which are deemed to be made by each Obligor, with respect to the Base Case Model, on the date of this Agreement and on the Closing Date. (b) All the representations and warranties in this Clause 20 (other than paragraph the representation and warranty in Clause 20.10 (a) Deduction of Clause 21.11 (No defaultTax)) are deemed to be made by each Obligor on the 2016 Amendment and Restatement Effective Date and on the 2021 Amendment and Restatement Effective Closing Date. (bc) The Repeating Representations are deemed to be made by each Obligor on: (i) on the date of each Utilisation Request; (ii) , on each Utilisation Date; and (iii) Date and on the first day of each Interest Period. Period (c) The representations and warranties set out except that those contained in paragraph paragraphs (a) to (e) of Clause 21.14 20.13 (Financial statementsStatements) will cease to be made in respect of any by each Obligor once subsequent financial statements on and from the date on which more recent financial statements are have been delivered to the Agent pursuant to Clause 22.4 (Financial statementsunder this Agreement). (d) The Repeating Representations and each of All the representations and warranties set out in this Clause 21.9 20 except Clause 20.12 (No filing or stamp taxes), Clause 21.10 (Deduction of TaxMisleading Information) and paragraph Clause 20.25 (a) of Clause 21.14 (Financial statements) (as if such representation applied to the financial statements delivered by that Additional Guarantor as a condition precedent to its accession to this AgreementGroup Structure Chart) are deemed to be made by each Additional Guarantor on the day on which it becomes (or it is proposed that it becomes) an Additional Guarantor. (e) Each representation or warranty made or deemed to be made after the date of the 2016 Amendment and Restatement Effective Date this Agreement shall be made or deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is made or deemed to be made.

Times when representations made. (a) All the representations and warranties in this Clause 21 (other than paragraph (a) of Clause 21.11 (No default)) 20 are made by each Original Obligor on the 2016 Amendment date of this Agreement and Restatement Effective Date with respect to the Information Package, on the date of this Agreement and on any later date on which the 2021 Amendment and Restatement Effective DateInformation Package (or part of it) is released to the Arranger. (b) The Repeating Representations are deemed to be made by each Obligor on: (i) on the date of each Utilisation Request; (ii) , on each Utilisation Date; and (iii) Date and on the first day of each Interest PeriodPeriod (except that those contained in paragraphs (a) to (e) of Clause 20.13 (Original Financial Statements) will cease to be so made once subsequent financial statements have been delivered under this Agreement). (c) The representations and warranties set out in paragraph (a) of Clause 21.14 (Financial statements) will cease to be made in respect of any financial statements on and from the date on which more recent financial statements are delivered to the Agent pursuant to Clause 22.4 (Financial statements). (d) The Repeating Representations and each of All the representations and warranties set out in this Clause 21.9 20 except Clause 20.12 (No filing or stamp taxesmisleading information), Clause 21.10 20.23 (Deduction of Tax) Group Structure Chart), Clause 20.25 (Disclosures and paragraph (a) of Clause 21.14 (Financial statements) (as if such representation applied to the financial statements delivered by that Additional Guarantor as a condition precedent to its accession to this Agreementother documents) are deemed to be made by each Additional Guarantor Obligor on the day on which it becomes (or it is proposed that it becomes) an Additional GuarantorObligor. (ed) Each representation or warranty made or deemed to be made after the date of the 2016 Amendment and Restatement Effective Date this Agreement shall be made or deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is made or deemed to be made.

Times when representations made. (a) All Save as set out in paragraph (f), all the representations and warranties in this Clause 21 18 are made by each Original Obligor on the date of this Agreement. (other than paragraph (ab) of The representations and warranties in Clause 21.11 18.12 (No default)misleading information) are deemed to be made by each Obligor on the 2016 Amendment and Restatement Effective Date and on the 2021 Amendment and Restatement Effective Syndication Date. (bc) The Repeating Representations are deemed to be made by each Obligor on: (i) on the date of each Utilisation Request; (ii) , on each Utilisation Date; and (iii) Date and on the first day of each Interest Period. Period (c) The representations and warranties set out except that those contained in paragraph paragraphs (a), (b), (d) and (e) of Clause 21.14 18.13 (Original Financial statementsStatements) will cease to be so made in respect of any once subsequent financial statements on have been delivered under this Agreement and from those in paragraph (c) shall not be repeated after the date on which more recent financial statements are delivered to the Agent pursuant to Clause 22.4 (Financial statementsof this Agreement). (d) The Repeating Representations and each of the representations and warranties set out in this Clause 21.9 18 except Clause 18.12 (No filing or stamp taxesmisleading information), Clause 21.10 (Deduction of Tax) and paragraph (a) of Clause 21.14 (Financial statements) (as if such representation applied to the financial statements delivered by that Additional Guarantor as a condition precedent to its accession to this Agreement) are deemed to be made by each Additional Guarantor Obligor on the day on which it becomes (or it is proposed that it becomes) an Additional GuarantorObligor. (e) The representations and warranties set out in Clause 18.26 (Terms of The Offer) are made on the date of the launch of the Offer. (f) Each representation or warranty made or deemed to be made after the date of the 2016 Amendment and Restatement Effective Date this Agreement shall be made or deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is made or deemed to be made.

Times when representations made. (a) All the representations and warranties in this Clause 21 (other than paragraph (a) of Clause 21.11 (No default)) 23 are made by each Original Obligor on the 2016 Amendment date of this Agreement, the first Utilisation Date and Restatement Effective the Closing Date except for the representations and warranties set out in Clause 23.12 (No misleading information) which are deemed to be made by each Obligor (i) with respect to the Base Case Model, on the date of this Agreement and on the 2021 Amendment Closing Date and Restatement Effective Date(ii) with respect to the Information Package, on the date of this Agreement. (b) The Repeating Representations are deemed to be made by each Obligor on: (iand, where indicated, the Parent) on the date of each Utilisation Request; (ii) , on each Utilisation Date; and (iii) Date and on the first day of each Interest Period (except that those contained in Clause 23.13 (Financial Statements) will cease to be so made once subsequent financial statements have been delivered under this Agreement) falling after the last day of the Certain Funds Period. (c) The representations and warranties set out in paragraph (a) of Repeating Representations, Clause 21.14 (Financial statements) will cease to be made in respect of any financial statements on and from the date on which more recent financial statements are delivered to the Agent pursuant to Clause 22.4 (Financial statements). (d) The Repeating Representations and each of the representations and warranties set out in Clause 21.9 23.9 (No filing or stamp taxes), ) and Clause 21.10 23.10 (Deduction of Tax) and paragraph (a) of Clause 21.14 (Financial statements) (as if such representation applied to the financial statements delivered by that Additional Guarantor as a condition precedent to its accession to this Agreement) are deemed to be made by each Additional Guarantor Obligor on the day on which it becomes (or it is proposed that it becomes) an Additional GuarantorObligor. (ed) Each representation or warranty made or deemed to be made after the date of the 2016 Amendment and Restatement Effective Date this Agreement shall be made or deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is made or deemed to be made.

Times when representations made. (a) All the representations and warranties in this Clause 21 20 (other than paragraph (a) of Clause 21.11 (No default)Representations) are made by the Borrower on the date of this Agreement except for the representations and warranties set out in Clause 20.12 (No misleading information) which are deemed to be made by each Obligor with respect to the Base Case Model, on the 2016 Amendment and Restatement Effective Date date of this Agreement and on the 2021 Amendment and Restatement Effective Closing Date. (b) The Repeating Representations are deemed to be made by each Obligor on: (i) on the date of each Utilisation Request; (ii) , on each Utilisation Date; and (iii) Date and on the first day of each Interest PeriodPeriod (except that those contained in paragraphs (a) to (c) of Clause 20.13 (Original Financial Statements) will cease to be so made once subsequent financial statements have been delivered under this Agreement). (c) The representations and warranties set out in paragraph (a) of Clause 21.14 (Financial statements) will cease to be made in respect of any financial statements on and from the date on which more recent financial statements are delivered to the Agent pursuant to Clause 22.4 (Financial statements). (d) The Repeating Representations and each of All the representations and warranties set out in this Clause 21.9 20 (Representations) except Clause 20.12 (No filing or stamp taxesmisleading information), Clause 21.10 20.24 (Deduction of TaxGroup Structure Chart) and paragraph Clause 20.28 (a) of Clause 21.14 (Financial statements) (as if such representation applied to the financial statements delivered by that Additional Guarantor as a condition precedent to its accession to this AgreementHolding Companies and Dormant Companies) are deemed to be made by each Additional Guarantor on the day on which it becomes (or it is proposed that it becomes) an Additional Guarantor. (ed) Each representation or warranty made or deemed to be made after the date of the 2016 Amendment and Restatement Effective Date this Agreement shall be made or deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is made or deemed to be made.

Times when representations made. (a) 20.30.1 All the representations and warranties in this Clause 21 (other than paragraph (a) 20 are made by each Original Obligor on the date of this Agreement. 20.30.2 All the representations and warranties in this Clause 21.11 (No default)) 20 are deemed to be made by each Obligor on the 2016 Amendment and Restatement Effective Date and on the 2021 Amendment and Restatement Effective first Utilisation Date. (b) 20.30.3 The Repeating Representations are deemed to be made by each Obligor on: (i) on the date of each Utilisation Request; (ii) , on each Utilisation Date; and (iii) Date and on the first day of each Interest Period. Period (c) The representations and warranties set out except that those contained in paragraph paragraphs (aa)-(e) of Clause 21.14 20.14 (Original Financial statements) will cease to be so made in respect of any once subsequent financial statements on and from the date on which more recent financial statements are have been delivered to the Agent pursuant to Clause 22.4 (Financial statementsunder this Agreement). (d) The Repeating Representations and each of 20.30.4 All the representations and warranties set out in this Clause 21.9 20 except Clause 20.13 (No filing or stamp taxesmisleading information), Clause 21.10 20.24 (Deduction of Tax) Group Structure Chart), and paragraph Clause 20.26 (a) of Clause 21.14 (Financial statements) (as if such representation applied to the financial statements delivered by that Additional Guarantor as a condition precedent to its accession to this AgreementAcquisition Documents, Disclosures and other Documents) are deemed to be made by each Additional Guarantor on the day on which it becomes (or it is proposed that it becomes) an Additional Guarantor. (e) 20.30.5 Each representation or warranty made or deemed to be made after the date of the 2016 Amendment and Restatement Effective Date this Agreement shall be made or deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is made or deemed to be made.

Times when representations made. (a) All the representations and warranties in this Clause 21 (other than paragraph (a) of Clause 21.11 (No default)) clause 23 are made by each Obligor on the 2016 Amendment date of this Agreement except for the representations and Restatement Effective Date warranties set out in clause 23.12 which are deemed to be made by each Obligor (i) with respect to the Information Memorandum, on the date the Information Memorandum is approved by the Company, (ii) with respect to the Information Package, on the date of this Agreement and on the 2021 Amendment Closing Date and Restatement Effective (iii) with respect to the Information Package, on the date of this Agreement and on any later date on which the Information Package (or part of it) is released to the Arrangers. (b) All the representations and warranties in this clause 23 are deemed to be made by each Obligor on the Closing Date. (bc) The Repeating Representations are deemed to be made by each Obligor on: (i) on the date of each Utilisation Request; (ii) , on each Utilisation Date; and (iii) Date and on the first day of each Interest Period. Period (cexcept that those contained in clause 23.13(a) The representations and warranties set out in paragraph (a) of Clause 21.14 (Financial statementsto 23.13(e) will cease to be so made in respect of any once subsequent financial statements on and from the date on which more recent financial statements are have been delivered to the Agent pursuant to Clause 22.4 (Financial statementsunder this Agreement). (d) The Repeating Representations and each of All the representations and warranties set out in Clause 21.9 (No filing or stamp taxes)this clause 23 except clause 23.12, Clause 21.10 (Deduction of Tax) clause 23.24 and paragraph (a) of Clause 21.14 (Financial statements) (as if such representation applied to the financial statements delivered by that Additional Guarantor as a condition precedent to its accession to this Agreement) clause 23.28 are deemed to be made by each Additional Guarantor Obligor on the day on which it becomes (or it is proposed that it becomes) an Additional GuarantorObligor. (e) Each representation or warranty made or deemed to be made after the date of the 2016 Amendment and Restatement Effective Date this Agreement shall be made or deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is made or deemed to be made.

Times when representations made. (a) All the representations and warranties in this Clause 21 (other than paragraph (a) of Clause 21.11 (No default)) 20 are made by each the Original Obligor on the 2016 Amendment and Restatement Effective Date and on the 2021 Amendment and Restatement Effective Datedate of this Agreement. (b) The Repeating Representations are deemed to be made by the Original Obligor and each Obligor on: (i) that has acceded to this Agreement on the date of each Utilisation Loan Request; (ii) , on each Utilisation Date; and (iii) Loan Date and on the first day of each Interest Period. (c) The representations and warranties set out in paragraph (a) of Clause 21.14 (Financial statements) will cease to be made in respect of any financial statements on and from the date on which more recent financial statements are delivered to the Agent pursuant to Clause 22.4 (Financial statements). (d) The Repeating Representations and each of All the representations and warranties set out in this Clause 21.9 20 (except Clause 20.11 (No filing or stamp taxes), Clause 21.10 (Deduction of Taxmisleading information) and paragraph Clause 20.23 (a) of Clause 21.14 (Financial statements) (as if such representation applied to the financial statements delivered by that Additional Guarantor as a condition precedent to its accession to this AgreementGroup Structure Chart)) are deemed to be made by each Loan Date Guarantor or Additional Guarantor (as applicable) on the day on which it becomes (or it is proposed that it becomes) a Loan Date Guarantor or an Additional GuarantorGuarantor (as applicable). (d) Each Obligor (other than the Company) hereby empowers (bevollmächtigt) the Company (in this capacity or in its capacity as Obligors’ Agent) to make the Repeating Representations on its behalf as its attorney (Stellvertreter). Each Obligor (other than the Company) hereby relieves the Company from any restrictions on representing several persons or self- dealing under any applicable law, in particular from the restrictions pursuant to section 181 of the German Civil Code (Bürgerliches Gesetzbuch) for the purpose of making the Repeating Representations on its behalf as attorney (Stellvertreter). (e) Each representation or warranty made or deemed to be made after the date of the 2016 Amendment and Restatement Effective Date this Agreement shall be made or deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is made or deemed to be made.

Times when representations made. (a) 22.27.1 All the representations and warranties in this Clause 21 (other than paragraph (a) 22 are made by each Original Obligor on the date of this Agreement except for the representations and warranties set out in Clause 21.11 22.12 (No default)misleading information) which are deemed to be made by each Obligor with respect to the Budget, on the date of this Agreement and on the first Utilisation Date. 22.27.2 The representations and warranties in Clause 22.12 (No misleading information) are deemed to be made by each Obligor on the 2016 Amendment and Restatement Effective Date and on the 2021 Amendment and Restatement Effective Syndication Date. (b) 22.27.3 The Repeating Representations are deemed to be made by each Obligor on: (i) on the date of each Utilisation Request; (ii) , on each Utilisation Date; and (iii) Date and on the first day of each Interest Period. Period (c) The representations except that those contained in Clauses 22.13.3 and warranties set out in paragraph (a) of Clause 21.14 (Financial statements) 22.13.5 will cease to be so made in respect of any once subsequent financial statements on and from the date on which more recent financial statements are have been delivered to the Agent pursuant to Clause 22.4 (Financial statementsunder this Agreement). (d) The Repeating Representations and each of 22.27.4 All the representations and warranties set out in this Clause 21.9 22 except Clause 22.12 (No filing or stamp taxes), Clause 21.10 (Deduction of Taxmisleading information) and paragraph Clause 22.22 (a) of Clause 21.14 (Financial statements) (as if such representation applied to the financial statements delivered by that Additional Guarantor as a condition precedent to its accession to this AgreementGroup Structure Chart) are deemed to be made by each Additional Guarantor on the day on which it becomes (or it is proposed that it becomes) an Additional Guarantor. (e) 22.27.5 Each representation or warranty made or deemed to be made after the date of the 2016 Amendment and Restatement Effective Date this Agreement shall be made or deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is made or deemed to be made.

Times when representations made. (a) All Except as set out in paragraph (e), all the representations and warranties in this Clause 21 18 are made by each Original Obligor on the date of this Agreement. (other than paragraph (ab) of The representations and warranties in Clause 21.11 18.12 (No default)misleading information) are deemed to be made by each Obligor on the 2016 Amendment and Restatement Effective Date and on the 2021 Amendment and Restatement Effective Syndication Date. (bc) The Repeating Representations are deemed to be made by each Obligor on: (i) on the date of each Utilisation Request; (ii) each Utilisation the Utilization Request and the Selection Notice, on the Utilization Date; and (iii) , on the first day of each Interest Period. Period (c) The representations and warranties set out except that those contained in paragraph paragraphs (a), (b), (d) and (e) of Clause 21.14 18.13 (Original Financial statementsStatements) will cease to be so made in respect of any once subsequent financial statements on have been delivered under this Agreement and from those in paragraph (c) shall not be repeated after the date on which more recent financial statements are delivered to the Agent pursuant to Clause 22.4 (Financial statementsof this Agreement). (d) The Repeating Representations and each of the representations and warranties set out in this Clause 21.9 18 except Clause 18.12 (No filing or stamp taxesmisleading information), Clause 21.10 (Deduction of Tax) and paragraph (a) of Clause 21.14 (Financial statements) (as if such representation applied to the financial statements delivered by that Additional Guarantor as a condition precedent to its accession to this Agreement) are deemed to be made by each Additional Guarantor on the day on which it becomes (or it is proposed that it becomes) an Additional Guarantor. (e) Each representation or warranty made or deemed to be made after the date of the 2016 Amendment and Restatement Effective Date this Agreement shall be made or deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is made or deemed to be made.