Zakon o potvrđivanju Okvirnog sporazuma o zajmu LD 2009 ADD 1 (2025) između Banke za razvoj Saveta Evrope i Republike Srbije za projektni zajam - Univerzitetska dečja klinika, Tiršova 2
Status propisa
Na snazi
Prikazana Verzija
Nema dostupnih verzija
Opšte Informacije
Donosilac
Narodna skupština Republike Srbije
Zakon o potvrđivanju Okvirnog sporazuma o zajmu LD 2009 ADD 1 (2025) između Banke za razvoj Saveta Evrope i Republike Srbije za projektni zajam - Univerzitetska dečja klinika, Tiršova 2
would constitute an event in the terms of Article 3.3 (h) of the Loan Regulations and may give rise to the early reimbursement, suspension or cancellation of the Loan under the terms of Articles 3.3 (Early reimbursement of disbursed loans), 3.5 (Suspension by the Bank of undisbursed loans) and 3.6 (Cancellation by the Bank of undisbursed loans) of the Loan Regulations.
The Borrower shall ensure that its payment obligations under this Agreement rank, and will 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.
In particular, the Borrower shall not make (or authorise) any payment in respect of any other such Debt Instrument (whether regularly scheduled or otherwise) if:
i)
the CEB makes a demand of early reimbursement under Article 3.3 of the Loan Regulations; or
ii)
an event or potential event of default under any unsecured and unsubordinated Debt Instrument of the Borrower or any of its agencies or instrumentalities has occurred and is continuing.
However, payment in respect of such Debt Instrument is possible if the Borrower:
i)
simultaneously pays; or
ii)
sets aside in a designated account for payment on the next Interest Payment Date
a sum equal to the same proportion of the principal outstanding under this Agreement as the proportion that the payment under such Debt Instrument bears to the total debt outstanding under that instrument.
For this purpose, any payment of a Debt Instrument that is made out of the proceeds of the issue of another instrument, to which substantially the same persons as hold claims under the Debt Instrument have subscribed, shall be disregarded.
Should a Security be granted for the performance of any of the Borrower’s Debt Instruments, the Borrower shall timely inform the CEB of its intentions and shall, if so required by the CEB, provide to the CEB, within the deadline set forth in the CEB’s notice, identical or equivalent Security for the performance of its financial obligations under this Agreement.
This provision shall not apply to a Security:
a)
created on property at the time of purchase solely as security for the payment of the purchase price or for the payment of debt incurred for the purpose of financing the purchase of such property; or
b)
securing a Debt Instrument maturing not more than one (1) year after the date on which it was originally incurred.
Should any of the Borrower’s Debt Instruments include a loss-of-rating covenant, a financial ratios covenant or pari passu provisions that are not included in the Agreement or that are stricter than any equivalent provision of this Agreement, the Borrower shall so inform the CEB and shall, at the request of the CEB by means of a written notice, execute within the deadline indicated in the CEB’s notice, an amendment to this Agreement to provide an equivalent provision in favour of the CEB.
Should the Borrower voluntarily prepay (for the avoidance of doubt, prepayment shall include a repurchase where applicable) in whole or in part any Debt Instrument and such prepayment:
i)
is not made within a revolving credit facility which remains open for drawing on the same terms after such prepayment; or
ii)
is not made out of the proceeds of another Debt Instrument having a term at least equal to the unexpired term of the prepaid Debt Instrument,
the Borrower shall inform the CEB. .In such an event, and upon the CEB’s request, the Borrower shall prepay to the CEB within two (2) months from any such prepayment the amounts disbursed under the Loan in accordance with Sub-