Zakon o potvrđivanju Ugovora o kreditnom aranžmanu br. 0020022188 koji se odnosi na neobezbeđeni zajam do iznosa od 260.000.000 evra uz garanciju UKEF u cilju finansiranja određenih građevinskih usluga od strane Bechtel Enka UK Limited, koji posluje u Srbiji preko Bechtel Enka UK Limited Ogranak Beograd za potrebe privrednog društva ,,Koridori Srbije" d.o.o. Beograd u vezi sa izgradnjom infrastrukturnog koridora autoputa E-761 deonice Pojate-Preljina (Moravski koridor) između Republike Srbije, koju zastupa Vlada Republike Srbije, postupajući preko Ministarstva finansija, kao Zajmoprimca i J.P. Morgan SE, kao Agenta i JPMorgan Chase Bank, N.A., London Branch, kao Prvobitnog ovlašćenog vodećeg aranžera i Credit Agricole Corporate and Investment Bank i Ing Bank N.V., kao ovlašćenih vodećih aranžera i Određenih drugih finansijskih institucija, kao Prvobitnih zajmodavaca

Status propisa

Na snazi

Prikazana Verzija

Nema dostupnih verzija

Opšte Informacije

Donosilac	Narodna skupština Republike Srbije

CtrlK

26.Čl. 26.1–26.12

PAYMENT MECHANICS

Podeli

StrukturaBroj

Odeljaka0

Odseka0

Pododseka0

Celina0

Članova12

Stavova125

Tačaka40

Podtačaka0

Izmena0

Clause26.1

Payments to the Agent

On each date on which the Borrower or a Lender is required to make a

payment under a Finance Document, the Borrower or Lender shall make

the same available to the Agent (unless a contrary indication appears in a

Finance Document) for value on the due date at the time and in such funds

specified by the Agent as being customary at the time for settlement of

transactions in the relevant currency in the place of payment.

Payment shall be made to such account in the principal financial centre of

the country of that currency (or, in relation to euro, in a principal financial

centre in such Participating Member State or London, as specified by the

Agent) and with such bank as the Agent, in each case, specifies.

Clause26.2

Distributions by the Agent

Each payment received by the Agent under the Finance Documents for

another Party shall, subject to

Clause 26.4

(Distributions to the Borrower)

and

Clause 26.5

(Clawback and pre-funding) be made available by the

Agent as soon as practicable after receipt to the Party entitled to receive

payment in accordance with this Agreement (in the case of a Lender, for the

account of its Facility Office), to such account as that Party may notify to the

Agent by not less than five (5) Business Days' notice with a bank specified

by that Party in the principal financial centre of the country of that currency

(or, in relation to euro, in the principal financial centre of a Participating

Member State or London), as specified by that Party.

Clause26.3

Distributions in respect of Utilisations

The Borrower irrevocably and unconditionally authorises and directs the

Agent to pay the proceeds of any Loans to be made to the Borrower

pursuant to a Utilisation Request made by:

a Reimbursement Request, to the Borrower; and

ii)

a Payment Request, to the Exporter.

Each payment under paragraph (a) above shall be to such bank account

with a bank in the principal financial centre of a Participating Member State

or London as notified to the Agent by the Borrower, Exporter or UK Export

Finance (as relevant).

Clause26.4

Distributions to the Borrower

The Agent may, with the consent of the Borrower or in accordance with

Clause 27

(Set-off), apply any amount received by it for the Borrower in or

towards payment (on the date and in the currency and funds of receipt) of

any amount due from the Borrower under the Finance Documents or in or

towards purchase of any amount of any currency to be so applied.

Clause26.5

Clawback and pre-funding

Where a sum is to be paid to the Agent under the Finance Documents for

another Party, the Agent is not obliged to pay that sum to that other Party

(or to enter into or perform any related exchange contract) until it has been

able to establish to its satisfaction that it has actually received that sum.

Unless paragraph (c) below applies, if the Agent pays an amount to another

Party and it proves to be the case that the Agent had not actually received

that amount, then the Party to whom that amount (or the proceeds of any

related exchange contract) was paid by the Agent shall on demand refund

the same to the Agent together with interest on that amount from the date of

payment to the date of receipt by the Agent, calculated by the Agent to

reflect its cost of funds.

If the Agent is willing to make available amounts for the account of the

Borrower before receiving funds from the Lenders then if and to the extent

that the Agent does so but it proves to be the case that it does not then

receive funds from a Lender in respect of a sum which it paid to the

Borrower:

the Borrower shall on demand refund it to the Agent; and

ii)

the Lender by whom those funds should have been made available

or, if that Lender fails to do so, the Borrower, shall on demand pay to

the Agent the amount (as certified by the Agent) which will indemnify

the Agent against any funding cost incurred by it as a result of

paying out that sum before receiving those funds from that Lender.

Clause26.6

Impaired Agent

If, at any time, the Agent becomes an Impaired Agent, the Borrower or a

Lender which is required to make a payment under the Finance Documents

to the Agent in accordance with

Clause 26.1

(Payments to the Agent) may

instead pay that amount direct to the required recipient(s).

A Party which has made a payment in accordance with this

Clause 26.6

shall be discharged of the relevant payment obligation under the Finance

Documents.

Clause26.7

Partial payments

If the Agent receives a payment that is insufficient to discharge all the

amounts then due and payable by the Borrower under the Finance

Documents then the Agent shall apply that payment towards the obligations

of the Borrower under the Finance Documents in the following order:

any sum due but unpaid under

Clause 16.3

(Enforcement costs);

ii)

any sum due but unpaid under

Clause 9.4

(Default interest) in

respect of the sums described in paragraphs (iii), (iv) and (v) below

in that order, but only up to the amount that would be due if that sum

were calculated by reference to the rate of interest instead of the

Default Interest Rate;

iii)

any sum due but unpaid under

Clause 9.2

(Payment of interest) and

any unpaid sum which would have been due under

Clause 9.2

(Payment of interest) but which instead has become due under

Clause 8.1

(Illegality), Clause 8.2 (Material Export Contract

Change),

Clause 8.4

(E&S Incident), or

Clause 20.14

(Acceleration);

iv)

any sum due but unpaid under

Clause 13.1

(Increased Costs);

any sum due but unpaid under

Clause 7

(Repayment) and any

unpaid sum which would have been due under

Clause 7

(Repayment) but which instead has become due under

Clause 8.1

(Illegality),

Clause 8.2

(Material Export Contract Change), Clause

8.4 (E&S Incident) or

Clause 20.14

(Acceleration);

vi)

the remainder of the sums due but unpaid under

Clause 9.4

(Default

interest) in respect of the sums described in paragraphs (iii), (iv) and

above that were not applied further to paragraph (ii) above;

vii)

any sum due but unpaid under

Clause 10.4

(Break Costs); and

viii)

any other sum due but unpaid under this Agreement.

The Agent shall, if so directed by the Lender, vary the order set out in

paragraph (a) above.

Paragraphs (a) and (b) above will override any appropriation made by the

Borrower.

Clause26.8

No set-off by the Borrower

All payments to be made by the Borrower under the Finance Documents

shall be calculated and be made without (and free and clear of any

deduction for) set-off or counterclaim.

Clause26.9

Business Days

Any payment under the Finance Documents which is due to be made on a

day that is not a Business Day shall be made on the next Business Day in

the same calendar month (if there is one) or the preceding Business Day (if

there is not).

During any extension of the due date for payment of any principal or Unpaid

Sum under this Agreement interest is payable on the principal or Unpaid

Sum at the rate payable on the original due date.

Clause26.10

Currency of account

Subject to paragraphs (b) and (c) below, the Facility Currency is the

currency of account and payment for any sum due from the Borrower under

any Finance Document.

Each payment in respect of costs, expenses or Taxes shall be made in the

currency in which the costs, expenses or Taxes are incurred.

Any amount expressed to be payable in a currency other than the Facility

Currency shall be paid in that other currency.

Clause26.11

Change of currency

Unless otherwise prohibited by law, if more than one currency or currency

unit are at the same time recognised by the central bank of any country as

the lawful currency of that country, then:

any reference in the Finance Documents to, and any obligations

arising under the Finance Documents in, the currency of that country

shall be translated into, or paid in, the currency or currency unit of

that country designated by the Agent (after consultation with the

Borrower); and

ii)

any translation from one currency or currency unit to another shall

be at the official rate of exchange recognised by the central bank for

the conversion of that currency or currency unit into the other,

rounded up or down by the Agent (acting reasonably).

If a change in any currency of a country occurs, this Agreement will, to the

extent the Agent (acting reasonably and after consultation with the

Borrower) specifies to be necessary, be amended to comply with any

generally accepted conventions and market practice in the Relevant Market

and otherwise to reflect the change in currency.

Clause26.12

Disruption to payment systems etc.

If either the Agent determines (in its discretion) that a Disruption Event has

occurred or the Agent is notified by the Borrower that a Disruption Event

has occurred:

the Agent may, and shall if requested to do so by the Borrower,

consult with the Borrower with a view to agreeing with the Borrower

such changes to the operation or administration of the Facility as the

Agent may deem necessary in the circumstances;

the Agent shall not be obliged to consult with the Borrower in

relation to any changes mentioned in paragraph (a) above if, in its

opinion, it is not practicable to do so in the circumstances and, in

any event, shall have no obligation to agree to such changes;

the Agent may consult with the Finance Parties in relation to any

changes mentioned in paragraph (a) above but shall not be obliged

to do so if, in its opinion, it is not practicable to do so in the

circumstances;

any such changes agreed upon by the Agent and the Borrower shall

(whether or not it is finally determined that a Disruption Event has

occurred) be binding upon the Parties as an amendment to (or, as

the case may be, waiver of) the terms of the Finance Documents

notwithstanding the provisions of

Clause 32

(Amendments and

waivers);

the Agent shall not be liable for any damages, costs or losses to any

person, any diminution in value or any liability whatsoever (including,

without limitation for negligence, gross negligence or any other

category of liability whatsoever but not including any claim based on

the fraud of the Agent) arising as a result of its taking, or failing to

take, any actions pursuant to or in connection with this Clause

26.12; and

the Agent shall notify the Finance Parties of all changes agreed

pursuant to paragraph (d) above.

←25.

27.→