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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Opšte Informacije
Donosilac
Narodna skupština Republike Srbije
Član Article 8 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 – DRAWDOWN, CONDITIONS PRECEDENT AND DISBURSEMENT
(3) of Regulation (EU) 2024/1449 and shall be limited to the amount established in that decision.
(2)
No disbursement shall be made before:
a)
the Facility Agreement has entered into force, and;
b)
the Lender has received the official notification in the form of the Legal Opinion by the Borrower that all constitutional and legal requirements for the provisions concerning loans to take effect and the valid and irrevocable commitment of the Borrower to all obligations under this Loan Agreement have been fulfilled, and;
c)
the Lender has received a Request for Payment.
The Borrower is irrevocably bound by the terms of the Request for Payment.
Point c) of the first subparagraph shall not be applicable for the Pre-financing Loan Instalment.
3)
A Request for Payment shall not be regarded as having been duly completed unless it specifies the information set out in Annex 1.
(4)
Following submission of a Request for Payment by the Borrower, the Lender's obligation to pay the Net Disbursement Amount in respect of a Loan Instalment to the Borrower under this Loan Agreement shall be subject to:
a)
no event having occurred that would render incorrect any statement made in the Legal Opinion;
b)
the Lender having received from the Minister of Finance of the Borrower an official document indicating the persons authorised to sign the Request for Payment (and thus validly commit the Borrower) and containing the specimen signatures of these persons;
c)
availability of funding;
d)
no Market Disruption Event having occurred;
e)
no material adverse change having occurred since the date of signature of this Loan Agreement such as would, in the opinion of the Lender, after consultation with the Borrower, be likely to prejudice materially the ability of the Borrower to fulfil its payment obligations under this Agreement, i.e. to service any of the Loan Instalments to be funded and to repay them;
f)
no Event of Default having occurred which has not been cured to the satisfaction of the Lender;
g)
when the Request for Payment covers the Allocated Percentage, the Lender having received from the Borrower a copy of a signed Contribution Arrangement, covering the same amount of that Request for Payment.
(5)
A Loan Instalment may be disbursed in one or more Tranches.
(6)
In accordance with Regulation (EU) 2024/1449 and the Commission Implementing Decision, the Lender shall launch any appropriate Funding Instruments for the funding of the amount of a Loan Instalment under the Diversified Funding Strategy.
(7)
The Lender shall issue to the Borrower a Confirmation Notice setting out the financial terms of the Disbursement. The Borrower shall be deemed to have accepted in advance the terms of the Loan Instalment or Tranche set out in the Confirmation Notice. For the avoidance of doubt, the Lender is under no obligation to consider favourably any request from the Borrower at any time to modify any of the financial terms of a Loan Instalment or Tranche.
(8)
The Commission shall instruct the ECB to transfer the Net Disbursement Amount of a Loan Instalment or Tranche on the Disbursement Date to the following euro account of the Borrower with Deutsche Bundesbank, BIC: MARKDEFFXXX, IBAN DE81504000005040040250, account owner: Narodna Banka Srbije [National Bank of Serbia] for beneficiary the Ministry of Finance Serbia BIC NBSRRSBGXXX, IBAN RS35908504943019331464.
A payment to this bank account shall discharge the Lender from its payment obligation under this Loan Agreement with regard to the respective Disbursement.
9)
The Borrower's right to receive Loan Instalments or Tranches under this Loan Agreement expires at the end of the Availability Period, following which any undisbursed amount of the Loan Facility shall be considered as immediately cancelled, except for any tranches of the Loan Instalment for which the Commission has adopted a release decision prior to that date.