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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Narodna skupština Republike Srbije
Član 28. 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 – PAYMENT MECHANICS
On each date on which the Borrower or a Lender is required to make a payment under a Finance Document, the Borrower or Lender shall make the same available to the Facility and ECA Agent (unless a contrary indication appears in a Finance Document) for value on the due date at the time and in such funds specified by the Facility and ECA Agent as being customary at the time for settlement of transactions in the relevant currency in the place of payment (such time being, as of the Signing Date, no later than 11:00 am Paris Time).
b)
Payment shall be made to such account in the principal financial center of the country of that currency with such bank as the Facility and ECA Agent specifies.
28.2 Distributions by the Facility and ECA Agent
Each payment received by the Facility and ECA Agent under the Finance Documents for another Party shall, subject to
(Clawback) be made available by the Facility and ECA Agent as soon as practicable after receipt to the Party entitled to receive payment in accordance with this Agreement (in the case of a Lender, for the account of its Facility Office), to such account as that Party may notify to the Facility and ECA Agent by not less than five Business Days' notice with a bank in the principal financial center of the country of that currency.
28.3 Distributions to the Borrower
The Facility and ECA Agent may (with the consent of the Borrower or in accordance with
(Set-Off)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
28.4 Clawback
a)
Where a sum is to be paid to the Facility and ECA Agent under the Finance Documents or the ECA Insurance Policy for another Party, the Facility and ECA Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
b)
If the Facility and ECA Agent pays an amount to another Party and it proves to be the case that the Facility and ECA Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Facility and ECA Agent shall on demand refund the same to the Facility and ECA Agent together with interest on that amount from the date of payment to the date of receipt by the Facility and ECA Agent, calculated by the Facility and ECA Agent to reflect its cost of funds.
28.5 Partial payments
a)
If the Facility and ECA Agent receives a payment that is insufficient to discharge all the amounts then due and payable by the Borrower under the Finance Documents, the Facility and ECA Agent shall apply that payment towards the obligations of the Borrower under the Finance Documents in the following order:
(i)
firstly, in or towards payment pro rata of any unpaid amount owing to the Facility and ECA Agent, the Global Coordinating and Documentation Bank, the Environmental and Social Agent, the Green Loan Coordinator or the Mandated Lead Arrangers under the Finance Documents;
(ii)
secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under the Finance Documents;
(iii)
thirdly, in or towards payment of Break Costs;
(iv)
fourthly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(v)
fifthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
b)
The Facility and ECA Agent shall, (x) if so directed by the ECA or the Majority Lenders or (y) if required to comply with the ECA Insurance Policy, vary the order set out in paragraphs (a)(ii) to (v) above.
c)
Paragraphs (a) and (b) above will override any appropriation made by the Borrower.
28.6 No set-off by Borrower
All payments to be made by the Borrower under the Finance Documents shall be calculated and be made without (and free and clear of any deduction for) set-off or counterclaim.
28.7 Business Days
a)
Any payment which is due to be made on a day that is not a Business Day shall be made on the next Business Day in the same calendar month (if there is one) or the preceding Business Day (if there is not).
b)
During any extension of the due date for payment of any principal or Unpaid Sum under this Agreement interest is payable on the principal or Unpaid Sum at the rate payable on the original due date.
28.8 Disruption to Payment Systems etc.
If either the Facility and ECA Agent determines (in its discretion) that a Disruption Event has occurred or the Facility and ECA Agent is notified by the Borrower that a Disruption Event has occurred:
a)
the Facility and ECA Agent may, and shall if requested to do so by the Borrower, consult with the Borrower with a view to agreeing with the Borrower such changes to the operation or administration of the Facility as the Facility and ECA Agent may deem necessary in the circumstances;
b)
the Facility and ECA Agent shall not be obliged to consult with the Borrower in relation to any changes mentioned in paragraph (a) if, in its opinion, it is not practicable to do so in the circumstances and, in any event, shall have no obligation to agree to such changes;
c)
the Facility and ECA Agent may consult with the Finance Parties in relation to any changes mentioned in paragraph (a) but shall not be obliged to do so if, in its opinion, it is not practicable to do so in the circumstances;
d)
any such changes agreed upon by the Facility and ECA Agent and the Borrower shall (whether or not it is finally determined that a Disruption Event has occurred) be binding upon the Parties as an amendment to (or, as the case may be, waiver of) the terms of the Finance Documents notwithstanding the provisions of
the Facility and ECA Agent shall not be liable for any damages, costs or losses to any person, any diminution in value or any liability whatsoever (including, without limitation for negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Facility and ECA Agent) arising as a result of its taking, or failing to take, any actions pursuant to or in connection with this