“Following our discussion on the Deed of release and the signing of the Syndicate Agreement Amendment 2, please kindly find the following clarifications for your further discussion with your HO legal team: 1/ Borrower’s rights under the Facility Agreement: - Under Article 7.3 of the original Facility Agreement, the Borrower is entitled to prepay the loan by 45 days prior notice serving to the Facility Agent. It did inform Vietinbank and accordingly Vietinbank informed all the Original Lenders. - Under Article 3.11 of the original Deed of Covenants (signed between the Borrower, its Shareholders and Security Agent), as long as PVKZ repay the full loan amount TO the Security Agent (Vietinbank), Vietinbank then has the obligation to release the security over the Secured Assets, regardless other Finance Parties have received repayment or not.
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