Zakon o potvrđivanju Finansijskog ugovora Železnička pruga Niš - Dimitrovgrad B između Republike Srbije i Evropske investicione banke

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Član 1.4.A Zakon o potvrđivanju Finansijskog ugovora Železnička pruga Niš - Dimitrovgrad B između Republike Srbije i Evropske investicione banke – First Tranche

Section1.4.A

First Tranche

The disbursement of the first Tranche under is conditional upon receipt by the Bank, 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:
a)
evidence that the execution of this Contract by the Borrower has been duly authorised and that the person or persons signing this Contract on behalf of the Borrower is/are duly authorised to do so together with the specimen signature of each such person or persons;
b)
evidence that the Borrower has obtained all necessary Authorisations required in connection with the Contract;
c)
a favourable legal opinion issued in the English language by the Ministry of Justice of the Borrower confirming, inter alia, (i) the authority of persons signing this Contract on behalf of the Borrower; (ii) that this Contract has been duly executed by the Borrower and constitutes valid, binding and enforceable obligations of the Borrower according to its terms; (iii) the valid choice of the laws of Luxembourg and the Court of Justice of the European Union under this Contract, and (iv) the recognition and enforcement of judgments of The Court of Justice of the European Union in any proceedings taken in the Republic of Serbia in relation to this Contract;
d)
the duly executed amended and restated Project Implementation Agreement;
e)
evidence that the execution of the amended and restated Project Implementation Agreement by the Promoter and the Final Beneficiary has been duly authorised and that the persons signing the amended and restated Project Implementation Agreement on behalf of the Promoter and the Final Beneficiary are duly authorised to do so together with the specimen signature of each such persons;
f)
the Borrower shall have taken all action necessary to exempt from taxation for all payments of principal, interest and other sums due hereunder and to permit the payment of all such sums gross without deduction of tax at source;
g)
any necessary exchange control consents shall have been obtained to permit receipt of disbursements hereunder, repayment of the same and payment of interest and all other amounts due hereunder; such consents must extend to the opening and maintenance of the accounts to which disbursement of the Credit is directed; and
h)
that the conditions set out in article 3(b) of the amended and restated Project Implementation Agreement have been provided and fulfilled.