Zakon o potvrđivanju Finansijskog ugovora Održivo unapređenje putne mreže između Republike Srbije i Evropske investicione banke

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DonosilacNarodna skupština Republike Srbije

Član 1.4.C Zakon o potvrđivanju Finansijskog ugovora Održivo unapređenje putne mreže između Republike Srbije i Evropske investicione banke – All Tranches

Član1.4.C

All Tranches

The disbursement of each Tranche under , 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 (fifteen) 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, in aggregate the amounts of the previously disbursed Tranches and the amount to be disbursed under the expected disbursement does not exceed the allocated amount approved by the Bank under the Allocation Letters;
(iv)
except for the first Tranche, evidence that an amount equal to at least 50% (fifty per cent) of all previously disbursed amounts under the Contract have effectively been paid out towards any expenditure incurred with respect to the allocated Sub-Project(s);
(v)
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 , on the Requested Deferred Disbursement Date or the Agreed Deferred Disbursement Date, respectively) for the proposed Tranche:
(i)
the representations and warranties which are repeated pursuant to are correct in all respects; and
(ii)
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.
c)
in respect of a Live Pricing Tranche, that a Disbursement Acceptance duly countersigned by the Borrower has been delivered to the Bank within the deadline specified therein, pursuant to .