Appendix A - Clawback and Termination Events
The following Clawback and Termination Events apply to this Policy:
- There is any change in the Applicant's legal status and such a change is likely to adversely affect the LBRRD; or
- Any claim and/or report submitted by the Applicant does not properly comply with the requirements detailed in this Policy; or
- Any information supplied by the Applicant under or in connection with the LBRRD proves to be materially incorrect or misleading; or
- The Applicant does not comply with or observe any condition of this Policy; or
- The assistance exceeds European Community State Aid limits to the extent that any LBRRD paid should not have been paid.
- A decision of the European Commission or of the European Court of Justice requires payment to be withheld or recovered; or
- There is an unsatisfactory report from the auditors. This will be the case if the auditors
- refer to a fundamental uncertainty, a disagreement or a limitation to their opinion, or
- if the auditors are unable to form an opinion; or
- if they report that the statement of grant does not give a true and fair view; or
- There is any evidence of irregularity, impropriety or negligence in connection with a LBRRD application; or
- If:
- the Applicant, being an individual, an incorporated or an unincorporated body:
- becomes bankrupt, has a receiving order or administration order made against it,
- makes any composition or arrangement for the benefit of creditors,
- makes any conveyance or assignment for the benefit of creditors or purports to do so, or
- is the subject of an application under the Insolvency Act 1986 (or superseding legislation) for the sequestration of the Applicants estate or of a trust on behalf of the Applicant's creditors; or
- the Applicant, being an unincorporated body is dissolved; or
- the Applicant, being an incorporated body
- passes a resolution that the Applicant should be wound up,
- is ordered by the High Court to be wound up,
- has an administrator appointed by order of the Court,
- has an administrative receiver appointed, or
- being a company is struck from the register at Companies House.
- the Applicant, being an individual, an incorporated or an unincorporated body: