Zakon o potvrđivanju Ugovora o kreditnom aranžmanu kupca, između Republike Srbije koju zastupa Vlada Republike Srbije postupajući preko Ministarstva finansija, delujući u svojstvu Zajmoprimca aranžiran od strane Bred Banque Populaire, Credit Agricole Corporate and Investment Bank, Credit Industriel et Commercial, Credit Lyonnais, Natixis i Societe Generale, delujući u svojstvu Ovlašćenih vodećih aranžera sa Natixis, delujući u svojstvu Banke za globalnu koordinaciju, strukturiranje i dokumentaciju i Natixis, delujući u svojstvu ESA Agenta i Finansijskih institucija navedenih u Delu I Priloga 1, delujući u svojstvu Prvobitnih zajmodavaca

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Section8.5

Early termination of the Commercial Contract

In the event that the Commercial Contract is fully or partially terminated before its contractual termination date, including, inter alia, pursuant to clause 26 (Suspension and Termination of the Contract) of the Commercial Contract, the Total Commitments shall be immediately cancelled and the Borrower shall repay the Loans in full on the earlier of the following dates (or on any other date agreed in writing between the ECA Agent (acting upon the instruction of all Lenders) and the Borrower, it being specified that such date shall in any case not fall after the date referred to in paragraph (i) below):

(i)

on the date on which, as applicable, a refund or recredit obligation of the Seller is due and payable pursuant to, as applicable, clause 26.1 (Termination for Force Majeure), clause 26.2 (Termination for Buyer’s convenience), clause 26.3 (Termination for Buyer’s default), clause 26.4 (Termination for Supplier’s default), clause 26.5 (Termination for Export authorizations Event) or clause 26.7 (Termination due to the bankruptcy/liquidation of the Supplier) of the Commercial Contract; and

(ii)

as applicable:

with respect to the full or partial termination of the Commercial Contract due to “Force Majeure” in accordance with clause 26.1.1 of the Commercial Contract: on the date falling 150 calendar days after the “Effective Termination Date for Force Majeure” (as such terms are defined in clause 26.1.1 of the Commercial Contract);

with respect to the full or partial termination of the Commercial Contract for Buyer’s convenience in accordance with clause 26.2.1 of the Commercial Contract: on the date falling 120 calendar days after the receipt by the Seller of the “Termination notice for Buyer’s convenience” (as such term is defined in clause 26.2.1 of the Commercial Contract);

with respect to the full or partial termination of the Commercial Contract for Buyer’s default in accordance with clause 26.3.1 of the Commercial Contract: on the date falling 120 calendar days after the receipt by the Buyer of the “Termination notice for Buyer’s Default” (as such term is defined in clause 26.3.1 of the Commercial Contract);

with respect to the full or partial termination of the Commercial Contract for Buyer’s default in accordance with clause 26.3.2 of the Commercial Contract: on the date falling 120 calendar days after the receipt by the Buyer of the “Termination notice for Buyer’s Default” (as such term is defined in clause 26.3.2 of the Commercial Contract);

with respect to the full or partial termination of the Commercial Contract for Seller’s default in accordance with clause 26.4.1 of the Commercial Contract: on the date falling 60 calendar days after the “Effective Termination Date for Supplier’s Default” (as such term is defined in clause 26.4.1 of the Commercial Contract);

with respect to the full or partial termination of the Commercial Contract for Seller’s default in accordance with clause 26.4.2 of the Commercial Contract: on the date falling 60 calendar days after the “Effective Termination Date for Supplier’s Default” (as such term is defined in clause 26.4.2 of the Commercial Contract);

with respect to the full or partial termination of the Commercial Contract due to an Export authorization Event in accordance with clause 26.5.1 of the Commercial Contract: on the date falling 120 calendar days after the “Effective Termination Date for an Export authorization Event” (as such term is defined in clause 26.5.1 of the Commercial Contract);

with respect to the termination of the Commercial Contract due to the bankruptcy or liquidation of the Seller in accordance with clause 26.7 of the Commercial Contract: on the date of the termination of the Commercial Contract by the Buyer;

with respect to the full or partial termination of the Commercial Contract before its contractual termination date for any reason other than a reason referred to in paragraphs a. to h. above: on the date of the termination of the Commercial Contract.

The Parties acknowledge that, pursuant to the terms of the Payment Delegation Agreement, any amount paid by the Seller to the ECA Agent (acting on behalf of the Lenders) in accordance with the Payment Delegation Agreement shall be applied to the prepayment of the Loans.

For the avoidance of doubt, the Parties acknowledge that, if for any reason and at any time, no payment is made to the Lenders under the Payment Delegation Agreement or if any payment made to the Lenders under the Payment Delegation Agreement is cancelled and as a result of such cancellation the Lenders would have the obligation to repay to the Seller any amount received under the Payment Delegation Agreement, the Borrower shall remain bound to pay any amount due to the Lenders in accordance with the terms of the Agreement (including with respect to the payment made under the Payment Delegation Agreement which has been cancelled and repaid by the Lenders to the Seller).

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8.4

Disposal of the equipment purchased under the Commercial Contract

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