, including the first, is subject to the following conditions:
a)
that the Bank has received, in form and substance satisfactory to it, on or before the date falling 6 (six) Business Days before the Scheduled Disbursement Date (and, in the case of deferment under
, the Requested Deferred Disbursement Date or the Agreed Deferred Disbursement Date, respectively) for the proposed Tranche, of the following documents or evidence:
(i)
a certificate from the Borrower in the form of Schedule E signed by an authorised representative of the Borrower and dated no earlier than the date falling 15 Business Days before the Scheduled Disbursement Date (and, in the case of deferment under
, the Requested Deferred Disbursement Date or the Agreed Deferred Disbursement Date, respectively);
(ii)
that the Bank is satisfied that on the date of the relevant Disbursement Offer and the Disbursement Date for the proposed Tranche the Framework Agreement is legal, valid, binding and enforceable and that no event or circumstance has occurred which could, in the opinion of the Bank, adversely affect the legal, valid, binding and enforceable nature of the Framework Agreement;
(iii)
evidence that the Bank has received at the allocation stage (as described in this Contract) for each Sub-Project to be financed from the respective Tranche, in form and substance satisfactory to it, the data and information for the Sub-Project(s) the value of which is/are under EUR 5,000,000.00 (five million euro) or the completed project fiche (as described in the Schedule A to this Contract), if the relevant Sub- Project(s)’ value is over EUR 5,000,000.00 (five million euro);
(iv)
evidence that the Loan Fund Transfer Agreement has been duly signed and is effective to the satisfaction of the Bank;
(v)
evidence that the Bank has received the relevant information as required under Schedule A.1.5 (PROJECT INFORMATION TO BE SENT TO THE BANK AND METHOD OF TRANSMISSION); and
(vi)
a copy of any other authorisation or other document, opinion or assurance which the Bank has notified the Borrower is necessary or desirable in connection with the entry into and performance of, and the transactions contemplated by, this Contract or the legality, validity, binding effect or enforceability of the same;
b)
that on the Scheduled Disbursement Date (and, in the case of deferment under
no event or circumstance which constitutes or would with the passage of time or the giving of notice or the making of any determination under this Contract (or any combination of the foregoing) constitute:
(1)
an Event of Default; or
(2)
a Prepayment Event
has occurred and is continuing unremedied or unwaived or would result from the disbursement of the proposed Tranche.