Zakon o potvrđivanju Ugovora o kreditnom aranžmanu kupca između Republike Srbije koju zastupa Vlada Republike Srbije postupajući preko Ministarstva finansija u svojstvu Zajmoprimca aranžiran od strane BNP Paribas, Credit Agricole Corporate and Investment Bank i Societe Generale u svojstvu Ovlašćenih vodećih aranžera sa Credit Agricole Corporate and Investment Bank u svojstvu Banke za globalnu koordinaciju i dokumentaciju i Credit Agricole Corporate and Investment Bank u svojstvu Agenta ESA i Kreditnog aranžmana i Societe Generale u svojstvu Agenta životne i društvene sredine i Koordinatora zelenog zajma i Finansijskih institucija navedenih u Delu 1 Priloga 1 u svojstvu Prvobitnih zajmodavaca
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Donosilac
Narodna skupština Republike Srbije
Član 21. Zakon o potvrđivanju Ugovora o kreditnom aranžmanu kupca između Republike Srbije koju zastupa Vlada Republike Srbije postupajući preko Ministarstva finansija u svojstvu Zajmoprimca aranžiran od strane BNP Paribas, Credit Agricole Corporate and Investment Bank i Societe Generale u svojstvu Ovlašćenih vodećih aranžera sa Credit Agricole Corporate and Investment Bank u svojstvu Banke za globalnu koordinaciju i dokumentaciju i Credit Agricole Corporate and Investment Bank u svojstvu Agenta ESA i Kreditnog aranžmana i Societe Generale u svojstvu Agenta životne i društvene sredine i Koordinatora zelenog zajma i Finansijskih institucija navedenih u Delu 1 Priloga 1 u svojstvu Prvobitnih zajmodavaca – INFORMATION UNDERTAKINGS
remain in force from the date of this Agreement for so long as any amount is outstanding under the Finance Documents or any Total Commitments is in force.
21.1 Information: miscellaneous
a)
The Borrower shall deliver to the Facility and ECA Agent, in a form acceptable to the Facility and ECA Agent (in sufficient copies for all the Lenders), as soon as the same become available, but in any event within 30 days after their enactment, a copy of the law approving the budget of the Republic of Serbia (Zakon o budžetu Republike Srbije) for each calendar year.
b)
The Borrower shall supply to the Facility and ECA Agent:
(i)
promptly upon becoming aware of them, the details of any litigation, arbitration or administrative proceedings which are current, threatened or pending against the Borrower or any of its agencies, and which might, if adversely determined, have a Material Adverse Effect;
(ii)
promptly upon becoming aware of them, the details of any litigation, dispute, claim, arbitration or administrative proceedings relating to any Finance Document;
(iii)
promptly upon becoming aware of them, the details of any material litigation, dispute or claim under the Commercial Contract and of the commencement of any arbitration, administrative or legal proceedings relating to the Commercial Contract;
(iv)
promptly, details of any law, decree or regulation in Serbia which will or could reasonably be expected to materially and adversely affect the Borrower’s ability to perform its payment obligations under the Finance Documents;
(v)
promptly, all amendments to the Commercial Contract; and
(vi)
promptly, such further information as any Finance Party or the ECA (through the Facility and ECA Agent) may reasonably request.
c)
The Borrower shall notify the Facility and ECA Agent promptly upon becoming aware of the same, details of:
(i)
any material breach, or if it has reasonable grounds for belief that there will be any material breach of the Buyer’s or the Seller's obligations under the Commercial Contract;
(ii)
any notice of termination or suspension of the Commercial Contract or any circumstances that entitle any relevant party to suspend, terminate, repudiate or cancel the Commercial Contract.
d)
Unless such disclosure would constitute a breach of any applicable law or regulation, the Borrower shall supply to the Facility and ECA Agent (in sufficient copies for all the Lenders and the ECA, if the Facility and ECA Agent so requests):
(i)
promptly upon becoming aware of them, the details of any actual or potential violation by, or creation of liability for, the Borrower, the Buyer or any of its or the Buyer’s agencies or owned or controlled companies, their respective ministers, directors, officers, officials or representatives (as applicable), or any agent or employee of it or of the Buyer or of any of its or the Buyer’s agencies or owned or controlled companies (or any counterparty of any such person in relation to any transaction contemplated by a Transaction Document) of or in relation to any Anti-Corruption Laws or any Anti-Money Laundering and Anti-Terrorism Financing Regulations, or of any investigation or proceedings relating to the same;
(ii)
copies of any correspondence delivered to, or received from, any regulatory authorities in relation to any matter referred to in paragraph (i) above at the same time as they are dispatched or promptly upon receipt (as the case may be); and
(iii)
promptly upon request by any Finance Party (through the Facility and ECA Agent), such further information relating to any matter referred to in paragraphs (i) and (ii) above as that Finance Party may reasonably require.
e)
The Borrower shall notify the Facility and ECA Agent promptly any change in the names of the Borrower’s or the Buyer’s representatives duly authorized to sign on behalf of the Borrower or the Buyer all documents to be delivered pursuant to the Agreement or the Commercial Contract and the Borrower shall provide the Facility and ECA Agent with an authenticated specimen of signatures of any such new representatives.
21.2 Notification of default
a)
The Borrower shall notify the Facility and ECA Agent of any Default (and the steps, if any, being taken to remedy it) promptly upon becoming aware of its occurrence.
b)
Promptly upon a request by the Facility and ECA Agent, the Borrower shall supply to the Facility and ECA Agent a certificate signed by an authorised officer of the Borrower that no Default is continuing (or if a Default is continuing, specifying the Default and the steps, if any, being taken to remedy it).
c)
The Borrower shall notify the Facility and ECA Agent of the occurrence of any event which may lead to an obligation of the Borrower to prepay the Loans pursuant to
(French Treasury Loan) promptly upon becoming aware of the same.
21.3 Change in the relevant law
The Borrower shall notify, promptly upon becoming aware of it, any change in the applicable law or regulation (including, without limitation, the Constitution (Ustav) of the Republic of Serbia, any statute (zakon), or implementing regulation (podzakonski akt)), or the enactment, promulgation, issuance of a new law, decree or regulation (including, without limitation, the Constitution (Ustav) of the Republic of Serbia, any statute (zakon), or implementing regulation (podzakonski akt)) which will or may adversely affect the ability of the Borrower to perform its obligations under the Finance Documents to which it is a party or the rights of any Finance Party or the ECA.
21.4 Sanctions
The Borrower shall immediately notify the Facility and ECA Agent in writing of any circumstances that result in the representations and warranties under
(Sanctions) or any information otherwise provided to any Lender in relation to Sanctions becoming inaccurate or incorrect or incomplete.
21.5 "Know your customer" checks
a)
If:
(i)
the introduction of or any change in (or in the interpretation, administration or application of) any law or regulation made after the date of this Agreement;
(ii)
any change in the status of the Borrower after the date of this Agreement; or
(iii)
a proposed transfer by a Lender of any of its rights and/or obligations under this Agreement to a party that is not a Lender prior to such transfer,
obliges the Facility and ECA Agent or any Lender (or, in the case of paragraph (ii), any prospective new Lender) to comply with "know your customer" or similar identification procedures in circumstances where the necessary information is not already available to it, the Borrower shall promptly upon the request of the Facility and ECA Agent (for itself or on behalf of any Lender (including any prospective new Lender)) supply, or procure the supply of, such documentation and other evidence as is reasonably requested by the Facility and ECA Agent (for itself or on behalf of any Lender (including any prospective new Lender) in order for the Facility and ECA Agent, such Lender or, in the case of the event described in paragraph (ii), any prospective new Lender to carry out and be satisfied it has complied with all necessary "know your customer" or other similar checks under all applicable laws and regulations pursuant to the transactions contemplated in the Finance Documents.
Each Lender shall promptly upon the request of the Facility and ECA Agent supply, or procure the supply of, such documentation and other evidence as is reasonably requested by the Facility and ECA Agent (for itself) in order for the Facility and ECA Agent to carry out and be satisfied it has complied with all necessary "know your customer" or other similar checks under all applicable laws and regulations, including (but not limited to) checks to be carried out by a Finance Party or the ECA to comply with “know your customer” or similar identification procedures under all laws and regulations applicable to such Finance Party or the ECA relating to anti-money laundering, terrorist financing and Sanctions, and/or as required under the Finance Party's, or the prospective new Lender's internal practices and procedures pursuant to the transactions contemplated in the Finance Documents.
21.6 Green Loan Reporting
a)
The Borrower shall provide Green Loan Reports to the Facility and ECA Agent, as soon as the same become available but, subject to paragraph (b) below, in any event within one hundred twenty (120) days of the end of each of each calendar year.
b)
The first Green Loan Report shall be delivered to the Facility and ECA Agent no later than 12 Months after the date of the first Utilisation under this Agreement.
c)
All Green Loan Reports shall be signed by an authorized signatory of the Employer.
d)
The Green Loan Report shall be produced in the format set out in Schedule 10 (Form of Green Loan Reports).
e)
Green Loan Reports may be verified by an independent entity, although, for the avoidance of doubt, the Parties acknowledge and agree that the Borrower shall be under no obligation to appoint a third party consultant, commission an independent report or incur any additional costs and expenditure in complying with its undertakings in this