Zakon o potvrđivanju Sporazuma o zajmu između Evropske unije, koju predstavlja Evropska komisija, kao zajmodavca i Republike Srbije, kao zajmoprimca i Narodne banke Srbije, kao fiskalnog agenta zajmoprimca, u okviru Instrumenta za reformu i rast za Zapadni Balkan

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DonosilacNarodna skupština Republike Srbije

Član Article 12 Zakon o potvrđivanju Sporazuma o zajmu između Evropske unije, koju predstavlja Evropska komisija, kao zajmodavca i Republike Srbije, kao zajmoprimca i Narodne banke Srbije, kao fiskalnog agenta zajmoprimca, u okviru Instrumenta za reformu i rast za Zapadni Balkan – PAYMENTS

Article12

PAYMENTS

1)
All payments to be made by the Borrower shall be paid without set-off or counterclaim, free and clear of, and without deduction for and on account of, any Taxes, commissions and any other charges for the entire term of this Loan Agreement.
(2)
The Borrower declares that all payments and transfers under this Loan Agreement, as well as the Loan Agreement itself, are not subject to any Tax or any other levy, impost or duty in the country of the Borrower and shall not be so subject for the entire term of this Loan Agreement. If nevertheless the Borrower or the National Bank of the Borrower is required by law to make any such deductions, the Borrower shall pay the requisite additional amounts so that the Lender receives in full the amounts specified by this Loan Agreement.
(3)
All payments by the Borrower shall be made on the Due Date before 11:00 a.m. Luxembourg time to the European Commission's account 4062990131 at the ECB, via TARGET2 participant SWIFT-BIC ECBFDEFFBAC, in favour of the final beneficiary EUCOLULLXXX or to such other account as the Lender may communicate by written notice prior to the relevant Due Date.
A payment made on the Due Date on such account shall discharge the Borrower from the relevant repayment obligation.
4)
If the Borrower pays an amount in relation to any of the Loan Instalment or to any Tranche thereof which is less than the total amount due and payable under this Loan Agreement, the Borrower hereby waives any rights it may have to make any appropriation of the amount so paid as to the amounts due.
The amount so paid in respect of the Loan Instalment or of any Tranche thereof shall be applied in or towards satisfaction of payments due under such Loan Instalment or any Tranche thereof in the following sequence:
a)
first against any fees, expenses and indemnities;
b)
second against any interest for late payments as determined under (4) of this Loan Agreement;
c)
third against interest; and
d)
fourth against principal,
provided that these amounts are due or overdue for payment on that date.
5)
Any calculation and determination by the Lender under this Agreement:
a)
shall be made in a commercially reasonable manner; and
b)
shall, absent manifest error, be binding on the Lender and the Borrower.
(6)
Business Day Convention as communicated in the Confirmation Notice shall apply.