1. Following the evaluation of the proposals, the Commission may conclude a loan agreement with the final recipients of the support selected from the Facility (the ‘agreement’) in accordance with Article 8. The agreement shall establish the rights and obligations of the final recipient and of the Commission in accordance with the conditions set out in the call for proposals.
2. The agreement shall lay down, at least:
(a)
milestones related to the implementation and progress of the project, maximum maturity of the loan, schedule of reimbursements, conditions on the ranking of the loan (e.g subordination or seniority arrangements), and applicable contractual remedies in case of non-compliance;
(b)
specific arrangements for the management, reporting and audit of funds provided under the Facility, including requirements for regular reporting to the Commission by the final recipient on the progress of the project, as well as requirements to acknowledge the origin of the funds;
(c)
requirements for prevention, detection, investigation and correction of irregularities, fraud, corruption or any other illegal activity affecting the financial interests of the Union.
3. The agreement shall ensure that the obligations set out in Article 129 of the Financial Regulation are fulfilled.
4. In addition, the provisions of the agreement referred to in Paragraph 2 shall set out, at least, the following:
(a)
milestones related to the progress in implementing the business plan shall constitute a precondition for the disbursement of the loans;
(b)
maximum maturity of the loan shall be of 10 years from of the signature of the agreement. The Commission may extend the maximum maturity of the loan beyond 10 years through a revision of the loan agreement in the context of situations of financial restructuring of the project;
(c)
start of reimbursements shall be no later than either at the end of ramp-up phase or 48 months after the signature of the loan agreement, whichever occurs first;
(d)
reimbursements shall be made in equal amounts, annually, over a period of 6 years. However, as part of the loan agreement, a final recipient may choose to defer the schedule of individual reimbursements within the overall maximum maturity of 10 years. Such deferrals will be subject to a market interest rate, as to be stipulated in the loan agreement;
(e)
seniority levels of the loan may be agreed between the Commission and final recipient during the preparation of the agreement to suit the existing financial structure of each project;
(f)
appropriate contractual remedies will apply in case the final recipient ceases production of the project and starts production of battery cells at a location outside the EEA within 12 months following the cessation of production.