7.4  Changes to Financing Agreements and Ancillary Documents

Guidance drafting (see Section 16.4 of SoPC4) as follows:

7.4.1  Without prejudice to the provisions of this Clause 7 (Amendment of Documents) and Clause 52 (Refinancing), the Contractor shall not, without the prior written consent of the Authority, enter into new Financing Agreements or terminate, amend, waive its rights or otherwise deal with its Financing Agreements if the same may reasonably be expected to have a material adverse effect on the ability of the Contractor to perform its obligations under the Ancillary Documents or the Contract.

Required drafting (see Section 22.3 of SoPC4) as follows:

7.4.2  No amendment, waiver or exercise of a right under this Contract, any Financing Agreement or Ancillary Document (other than Off-Take Contracts or Third Party Waste Contracts in which case Clause 51 shall apply) shall have the effect of increasing the Authority's liabilities on early termination of this Contract unless:

(a)  the Contractor has obtained the prior written consent of the Authority to such increased liability for the purposes of this Clause 7.4.2 (Changes to Financing Agreements and Ancillary Documents), or

(b)  it is a Permitted Borrowing.

In the event of any conflict between the provisions of this Clause 7.4.2 and any other provision of this Contract, the provisions of Clause 7.4.2 shall prevail.