Zakon o potvrđivanju Finansijskog ugovora EPS Zeleno finansiranje A između Republike Srbije i Evropske investicione banke

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DonosilacNarodna skupština Republike Srbije

Član 10.1.A Zakon o potvrđivanju Finansijskog ugovora EPS Zeleno finansiranje A između Republike Srbije i Evropske investicione banke – Immediate demand

Section10.1.A

Immediate demand

The Bank may make such demand immediately without prior notice (mise en demeure préalable) or any judicial or extra judicial step:
a)
if the Borrower does not pay on the due date any amount payable pursuant to this Contract at the place and in the currency in which it is expressed to be payable, unless:
(i)
its failure to pay is caused by an administrative or technical error or a Disruption Event; and
(ii)
payment is made within 3 (three) Business Days of its due date;
b)
if any information or document given to the Bank by or on behalf of the Borrower and/or the Promoter (as applicable) or any representation, warranty or statement made or deemed to be made by the Borrower and/or the Promoter (as applicable) in, pursuant to or for the purposes of entering into this Contract or in connection with the negotiation or performance of this Contract is or proves to have been incorrect, incomplete or misleading in any material respect;
c)
if, following any default of the Borrower in relation to any loan, or any obligation arising out of any financial transaction, other than the Loan:
(i)
the Borrower is required or is capable of being required or will, following expiry of any applicable contractual grace period, be required or be capable of being required to prepay, discharge, close out or terminate ahead of maturity such other loan or obligation; or
(ii)
any financial commitment for such other loan or obligation is cancelled or suspended;
d)
if the Borrower is unable to pay its debts as they fall due, or suspends its debts, or makes or seeks to make a composition with its creditors;
e)
if an encumbrancer takes possession of, or a receiver, liquidator, administrator, administrative receiver or similar officer is appointed, whether by a court of competent jurisdiction or by any competent administrative authority, of or over or any property forming part of the Project;
f)
if the Borrower defaults in the performance of any obligation in respect of any other loan granted by the Bank or financial instrument entered into with the Bank, or of any other loan or financial instrument made to it from the resources of the Bank or the European Union;
g)
if any expropriation, attachment, arrestment, distress, execution, sequestration or other process is levied or enforced upon the property of the Borrower or any property forming part of the Project and is not discharged or stayed within 14 (fourteen) days;
h)
if a Material Adverse Change occurs, as compared with the Borrower’s condition at the date of this Contract; or
i)
if it is or becomes unlawful for the Borrower to perform any of its obligations under this Contract or for the Promoter to perform any of its obligations under this Contract is not effective in accordance with its terms or is alleged by the Borrower and/or the Promoter (as applicable) to be ineffective in accordance with its terms.