4.2 Subject to Clauses 4.3 and 4.4, Project Co shall be free, at any time, to enter into, terminate, amend, waive its rights and senerally deal with its Funding Agreements on such terms and conditions as it sees fit provided that (at the time such action is contemplated and effected) the same will not materially and adversely affect the ability of Project Co to perform its obligations under the Project Documents or this Agreement.
4.3 No amendment, waiver or exercise of a right under any Funding Agreement or Ancillary Document shall have the effect of increasing the Board's liabilities on early termination of this Agreement unless:6
(a) Project Co has obtained the prior written consent of the Board to such increased liability for the purposes of this Clause 4.3; or
(b) it is an Additional Permitted Borrowing.
4.4 Any amendment or variation of any Funding Agreements which constitutes a Refinancing shall be carried out in accordance with the provisions of Part 29 of the Schedule (Refinancing).
4.5 Without prejudice to Clause 4.2 (Changes to Funding Agreements and Refinancing), Project Co shall liaise with the Board in accordance with the Liaison Procedure, and shall use all reasonable endeavours to provide the Board with a copy of the relevant agreement in settled draft form, not less than ten (10) Business Days before it enters into any Funding Agreement (other than the Initial Funding Agreements).
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5 Boards must ensure that they obtain a share in refinancing gains in accordance with Part 29 of the Schedule.
6 This should not be given unless the Additional Permitted Borrowing Limit has been reached.