Zakon o potvrđivanju Sporazuma o zajmu između KfW, Frankfurt na Majni i Republike Srbije koju zastupa Vlada Republike Srbije delujući preko i putem Ministarstva finansija za Zajam za politike (PBL) „Reforma sektora energetike i životne sredine u Republici Srbiji II“
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Član 2.3. Zakon o potvrđivanju Sporazuma o zajmu između KfW, Frankfurt na Majni i Republike Srbije koju zastupa Vlada Republike Srbije delujući preko i putem Ministarstva finansija za Zajam za politike (PBL) „Reforma sektora energetike i životne sredine u Republici Srbiji II“
Conditions precedent to disbursement. KfW is obligated to make disbursements
under this Agreement only if the following conditions precedent have been
fulfilled in a manner satisfactory to KfW in form and substance:
a)
The Borrower will have demonstrated to the satisfaction of KfW, by
presenting a legal opinion the content of which is essentially in conformity
with the specimen in Annex 2 (Form of Legal Opinion of the Ministry of
Justice of the Republic of Serbia) hereof and by presenting certified copies
(each with an official translation into the language of this Agreement) of all documents to which such legal opinion refers, that the Loan Agreement is
legally effective and enforceable and, in particular, that
i)
the Borrower has met all requirements under its constitutional law and
other applicable legal provisions for the valid assumption of all its
obligations under this Agreement, and
ii)
KfW is exempted from all taxes on income from interest earnings and
all levies, commissions and similar costs in the Republic of Serbia
when granting the Loan;
b)
KfW is in possession of an original of this Agreement signed with legally
no reason for termination has occurred, nor has an incident occurred that
would become a cause for termination by notification or expiration or
ascertainment or fulfilment of a condition (potential reason for termination);
g)
no extraordinary circumstances have arisen that preclude or seriously
jeopardise the implementation, the operation, or the purpose of the
Programme or the performance of the payment obligations assumed by the
Borrower under this Agreement; and
h)
the Borrower has provided evidence to KfW on the fulfillment of the
Programme prior actions as set out in Annex 8 (Policy and Results Matrix)
(the “Programme Prior Actions”) and has received a written confirmation
of KfW that the evidence is satisfactory to KfW in form and substance.
KfW has the right prior to any disbursement from the Loan to demand such further documents and evidence as it deems necessary at its discretion (acting reasonably in accordance with regulations and policies applicable to KfW and/or international banking practice) to ascertain the conditions precedent for disbursement specified in this section.