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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Donosilac
Narodna skupština Republike Srbije
Član Article 9 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 – REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS
By signing this Agreement, the Borrower represents and warrants to the Lender that on the date of this Loan Agreement and on each Disbursement Date:
a)
each Loan Instalment or any Tranche thereof shall constitute an unsecured, direct, unconditional, unsubordinated and general obligation of the Borrower and will rank at least pari passu with all other present and future unsecured and unsubordinated loans and obligations of the Borrower arising from its present or future External Indebtedness, provided however that the Borrower shall have no obligation to effect equal or rateable payment(s) at any time with respect to any such other External Indebtedness and, in particular, shall have no obligation to pay other External Indebtedness at the same time or as a condition of paying sums due on the Loan Facility and vice versa; and
b)
the Legal Opinion provided in accordance with Annex 3 is accurate and correct.
(2)
Undertakings
The Borrower undertakes, until such time as all principal under this Loan Agreement has been fully reimbursed and all interest and additional amounts, if any, due under this Loan Agreement have been fully paid:
a)
to utilise the Net Disbursement Amount of each Disbursement consistently with Regulation (EU) 2024/1449, in accordance with the Reform Agenda, the Facility Agreement, and any related conditions applicable at the time of issuing the Request for Payment;
b)
to obtain and maintain in full force and effect all authorisations necessary for it to comply with its obligations under this Loan Agreement;
c)
to comply in all respects with applicable laws which might affect its ability to perform this Loan Agreement;
d)
to pay any fees, costs, overheads and expenses, including if applicable breakage costs and Cost of Liquidity Management, calculated according to the Cost Allocation Methodology;
e)
in relation to External Indebtedness to recognise that the Lender shall have the identical legal capacity, immunities and privileges as accorded to international financial institutions;
f)
to ensure that the checks and measures referred to under
with the exception of those encumbrances enumerated in subparagraphs (1) to (7) below:
(i)
not to secure by mortgage, pledge or any other encumbrance upon its own assets or revenues any present or future External Indebtedness and any guarantee or indemnity given in respect thereof, unless the Loan Facility at the same time shares pari passu and pro rata in such security; and
(ii)
not to grant to any other creditor or holder of its sovereign debt any priority over the Lender.
The grant of the following encumbrances shall not constitute a breach of this
encumbrances upon any property incurred to secure financing for the purchase price or construction of such property and any renewal or extension of any such encumbrance which is limited to the original property covered thereby and which secures any renewal or extension of the original secured financing; and
(2)
encumbrances on commercial goods arising in the course of ordinary commercial transactions (and expiring at the latest within one year thereafter) to finance the import or export of such goods into or from the country of the Borrower; and
(3)
encumbrances securing or providing for the payment of External Indebtedness incurred exclusively in order to provide financing for a specific investment project, provided that the properties to which any such encumbrances apply are properties which are the subject of such project financing, or which are revenues or claims which arise from the project; and
(4)
any other encumbrances in existence on the date of the signing of this Loan Agreement, provided that such encumbrances remain confined to the properties presently affected thereby and properties which become affected by such encumbrances under contracts in effect on the date of the signing of this Loan Agreement (including, for the avoidance of doubt, the crystallization of any floating charge which had been entered into at the date of this Loan Agreement), and provided further that such encumbrances secure or provide for the payment of only those obligations so secured or provided for on the date hereof or any refinancing of such obligations; and
(5)
all other statutory encumbrances and privileges which operate solely by virtue of law and which cannot be reasonably avoided by the Borrower; and
(6)
any encumbrance securing the Borrower’s obligations with any central securities depository such as Euroclear given in the normal course of the business; and
(7)
any encumbrance securing an indebtedness of less than EUR 3 million, provided that the maximum aggregate amount of indebtedness secured by such encumbrances does not exceed EUR 50 million.
, "financing for a specific investment project" means any financing of the acquisition, construction, or development of any properties in connection with a project if the providing entity for such financing expressly agrees to look to the properties financed and the revenues to be generated by the operation of, or loss or damage to, such properties as the principal source of repayment for the moneys advanced.