Zakon o potvrđivanju Ugovora o kreditnom aranžmanu br. CRS 1029 01 N između Francuske agencije za razvoj i Republike Srbije

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Član 13.1 Zakon o potvrđivanju Ugovora o kreditnom aranžmanu br. CRS 1029 01 N između Francuske agencije za razvoj i Republike Srbije – Events of Default

Section13.1

Events of Default

Each of the events or circumstances set out in this (Events of Default) is an Event of Default.
a)
Payment Default
The Borrower does not pay on the due date any amount payable by it under this Agreement in the manner required under this Agreement. However, without prejudice to (Late payment and default interest), no Event of Default will occur under this paragraph (a) if such payment is made in full by the Borrower within five (5) Business Days of the due date.
b)
Project Documents
Any Project Document, or any of the rights and obligations set out therein, ceases to be in full force and effect, is subject to a notice of termination or its validity, legality or enforceability is challenged. No Event of Default will occur pursuant to this paragraph (b) if (i) the challenge or notice of termination is withdrawn within thirty (30) calendar days after the date on which the Lender informed the Borrower of such challenge or notice or the Borrower became aware of such challenge or notice; and (ii), according to the opinion of the Lender, such dispute or request has not had a Material Adverse Effect during such thirty (30) day period.
c)
Undertakings and Obligations
The Borrower does not comply with any term of the Agreement, including, without limitation, any of the undertakings it has given pursuant to Clause 11 (Undertakings) and Clause 12 (Information Undertakings).
Save for the undertakings given pursuant to Clauses 11.6 (Environmental and social responsibility), 11.11 (Financial Sanctions Lists and Embargo) and 11.12 (Licit Origin, absence of Prohibited Practices) in respect of which no grace period is permitted, no Event of Default will occur under this paragraph (c) if the non-compliance is capable of remedy and is remedied within five (5) Business Days of the earlier of (A) the date of the Lender’s notice of failure to the Borrower; and (B) the Borrower becoming aware of the breach, or within the time limit determined by the Lender in the case referred to in subparagraph 11.12(f) of (Licit Origin, absence of Prohibited Practices).
d)
Misrepresentation
A representation or warranty made by the Borrower in the Agreement, including under Clause 10 (Representations And Warranties), or in any document delivered by or on behalf of the Borrower under or in relation to the Agreement is incorrect or misleading when made or deemed to be made.
e)
Cross Default
(i)
Subject to paragraph (iii), any Financial Indebtedness of the Borrower is not paid on its due date or, if applicable, within any grace period granted pursuant to the relevant documentation.
(ii)
Subject to paragraph (iii), a creditor has cancelled or suspended its commitment towards the Borrower pursuant to any Financial Indebtedness, or has declared the Financial Indebtedness due and payable prior to its specified maturity, or requested prepayment in full of the Financial Indebtedness, in each case, as a result of an event of default or any provision having a similar effect (howsoever described) pursuant to the relevant documentation.
(iii)
No Event of Default will occur under this if the relevant amount of Financial Indebtedness or the commitment for Financial Indebtedness falling within paragraphs (i) and (ii) above is less thirty million Euros (EUR 30,000,000) (or its equivalent in any other currency(ies)).
f)
Unlawfulness It is or becomes unlawful for the Borrower to perform any of its obligations under this Agreement.
g)
Material adverse change
Any event (including a change in the political situation of the country of the Borrower) or any measure which is likely, according to the Lender’s opinion, to have a Material Adverse Effect occurs or is likely to occur.
h)
Withdrawal or suspension of the Project
Any of the following occurs:
i)
the implementation of the Project is suspended or postponed for a period exceeding six (6) months; or
ii)
the Project has not been completed in full by the Technical Completion Date; or
iii)
the Borrower withdraws from, or ceases to participate in, the Project.
i)
Authorisations
Any Authorisation required for the Borrower in order to perform or comply with its obligations under this Agreement or its other material obligations under any Project Documents or required in the ordinary course of the Project is not obtained within the required timeframe or is cancelled or becomes invalid or otherwise ceases to be in full force and effect.
j)
Judgments, rulings or decisions having a Material Adverse Effect
Any judgment or arbitral award or any judicial or administrative decision affecting the Borrower has or is reasonably likely, according to the opinion of the Lender, to have a Material Adverse Effect, occurs or is likely to occur.
k)
Suspension of free convertibility and free transfer
Free convertibility and free transfer of any of the amounts due by the Borrower under this Agreement, or any other facility provided by the Lender to the Borrower or any other borrower of the jurisdiction of the Borrower, is challenged.
Any foreign exchange law is amended, enacted or introduced or is reasonably to be amended, enacted or introduced in the Republic of Serbia that (in the opinion of the Lender): (i) has or is reasonably likely to have the effect of prohibiting, or restricting or delaying in any material respect any payment that the Borrower is required to make pursuant to the terms of this Agreement; or (ii) is materially prejudicial to the interests of the Lenders under or in connection with this Agreement.