Zakon o potvrđivanju Finansijskog ugovora Održivo unapređenje putne mreže između Republike Srbije i Evropske investicione banke
Status propisa
Na snazi
Prikazana Verzija
Nema dostupnih verzija
Opšte Informacije
Donosilac
Narodna skupština Republike Srbije
Član 6.12 Zakon o potvrđivanju Finansijskog ugovora Održivo unapređenje putne mreže između Republike Srbije i Evropske investicione banke – General Representations and Warranties
The Borrower represents and warrants to the Bank that:
a)
it has the power to execute, deliver and perform its obligations under this Contract and all necessary actions have been taken to authorise the execution, delivery and performance of the same by it;
b)
this Contract constitutes its legally valid, binding and enforceable obligations;
c)
the execution and delivery of, the performance of its obligations under and compliance with the provisions of this Contract do not and will not contravene or conflict with:
(i)
any applicable law, statute, rule or regulation, or any judgement, decree or permit to which it is subject;
(ii)
any agreement or other instrument binding upon it which might reasonably be expected to have a material adverse effect on its ability to perform its obligations under this Contract;
d)
there has been no Material Adverse Change since 14 April 2025;
e)
no event or circumstance which constitutes an Event of Default has occurred and is continuing unremedied or unwaived;
f)
no litigation, arbitration, administrative proceedings or investigation is current or to its knowledge is threatened or pending before any court, arbitral body or agency which has resulted or if adversely determined is reasonably likely to result in a Material Adverse Change, nor is there subsisting against it any unsatisfied judgement or award;
g)
it has obtained all necessary Authorisations in connection with this Contract and in order to lawfully comply with its obligations hereunder, and the Project and all such Authorisations are in full force and effect and admissible in evidence;
h)
its payment obligations under this Contract rank not less than pari passu in right of payment with all other present and future unsecured and unsubordinated obligations under any of its debt instruments except for obligations mandatorily preferred by law;
and to the best of its knowledge and belief (having made due and careful enquiry) no Environmental or Social Claim has been commenced or is threatened against it in relation to the Project;
j)
it is in compliance with all undertakings under this
to the best of its knowledge, no funds invested in the Project by the Borrower are of illicit origin, including products of Money Laundering or linked to the Financing of Terrorism; and
l)
neither the Borrower, nor, to the best of its knowledge, any Relevant Person has committed (i) any Prohibited Conduct in connection with the Project or any transaction contemplated by the Contract; or (ii) any illegal activity related to the Financing of Terrorism or Money Laundering;
m)
the Project (including without limitation, the negotiation, award and performance of contracts financed or to be financed by the Loan) has not involved or given rise to any Prohibited Conduct;
n)
none of the Borrower and/or, to the best of its knowledge, any Relevant Person:
(i)
is a Sanctioned Person; or
(ii)
is in breach of any Sanctions that apply to it or any Relevant Person (respectively).
It is acknowledged and agreed that the representations set out in this paragraph (n) are only sought by and given to the Bank to the extent that to do so would be permissible pursuant to any applicable anti-boycott rule of the EU such as Regulation (EC) 2271/96.
o)
the Declaration on Honour dated 19 December 2025 is true in all respects.
The representations and warranties set out above are made on the date of this Contract and are, with the exception of the representation set out in paragraph (d) above, deemed repeated with reference to the facts and circumstances then existing on the date of each Disbursement Acceptance, each Disbursement Date and each Payment Date.