SCHEDULE 3OTHER CONTRACTUAL TERMS

PART 5RECORDS, INFORMATION, NOTIFICATIONS AND RIGHTS OF ENTRY

F1Notice provisions specific to an agreement with a company limited by shares42A

1

Where a company limited by shares is a party to the agreement, it shall give notice in writing to the Board forthwith when—

a

it passes a resolution or a court of competent jurisdiction makes an order that the contractor be wound up;

b

circumstances arise which might entitle a creditor or a court to appoint a receiver, administrator or administrative receiver for the contractor;

c

circumstances arise which would enable the court to make a winding up order in respect of the contractor;

d

the contractor is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 (definition of inability to pay debts); or

e

changes take place in relation to the ownership of shares in the company.

2

A notice under sub-paragraph (e) must—

a

provide the name of any person ceasing to own a share in the company;

b

provide the name of any new person acquiring a share in the company; and

c

confirm that following any changes in share ownership, that the company continues to meet the conditions in section 108(1A) of the 2006 Act.