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

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Donosilac	Narodna skupština Republike Srbije

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5.Čl. 5.1–5.2

CONDITIONS OF UTILISATION

Podeli

StrukturaBroj

Odeljaka0

Odseka0

Pododseka0

Celina0

Članova2

Stavova73

Tačaka25

Podtačaka2

Izmena0

Clause5.1

Initial conditions precedent

The Agent shall not give effect to any Utilisation Request unless:

(i)

the Effective Date has occurred;

(ii)

the Agent has received all of the documents and other evidence

listed in Schedule 2 (Conditions Precedent to Initial Utilisation) in a

form and substance satisfactory to the Agent (acting on the

instructions of all Lenders in respect of the conditions set out in

paragraphs 5 and 6(a) of Schedule 2 (Conditions Precedent to Initial

Utilisation)) within thirty (30) days of the Effective Date or by such

later date as the Agent may notify the Borrower;

iii)

the Borrower has complied with its obligations under

Clause 11.4

(UKEF Support Fee); and

iv)

the Agent has notified the Borrower and the Lenders that the

conditions precedent referred to in paragraphs (i), (ii) and (iii) above

have been satisfied (the "CP Satisfaction Notice").

Other than to the extent that any Lender notifies the Agent in writing to the

contrary before the Agent serves a CP Satisfaction Notice, the Lenders

authorise (but do not require) the Agent to give that notification. The Agent

shall not be liable for any damages, costs or losses whatsoever as a result

of giving any such notification.

The conditions precedent described in Schedule 2 (Conditions Precedent to

Initial Utilisation) are for the benefit of the Agent and the Lenders and the

Agent may waive any or all of those conditions precedent in whole or in part

and decide when and if each of those conditions precedent has been

fulfilled to its satisfaction.

If the conditions precedent referred to in paragraph (a) above are not met

within thirty (30) days of the Effective Date or any later date as the Agent

may agree, the Agent may notify the Borrower that the Commitments of the

Lenders shall be cancellable on notice.

Without prejudice to the generality of

Clause 3.4

(UKEF Guarantee), the

obligation of the Agent to deliver a CP Satisfaction Notice as set out in this

Clause 5.1

shall be subject to the overriding right of UK Export Finance in

the UKEF Guarantee to determine whether the initial conditions precedent

have been fulfilled or waived to the satisfaction of UK Export Finance.

Clause5.2

Further conditions precedent

Subject to paragraph (b) below, the Lenders shall only be obliged to comply

with

Clause 6.2

(Lenders' participation) if on the date of the Utilisation

Request (if applicable) and on the proposed Utilisation Date:

no Default is continuing or would result from the proposed Loan;

ii)

the Repeating Representations to be made by the Borrower are

true;

iii)

no External Financial Indebtedness is due and unpaid;

iv)

no event described in

Clauses 8.1

(Illegality), 8.2 (Material Export

Contract Change), 8.3 (Loss of UKEF Guarantee) or 8.4 (E&S

Incident) has occurred;

the Export Contract is in full force and effect, and has not been

terminated, suspended or amended (other than as permitted under

this Agreement) and no action is proceeding which might lead to the

termination or suspension thereof;

vi)

the UKEF Guarantee is in full force and effect;

vii)

no Sanctions Laws and Regulations would apply to or otherwise

affect the Buyer, the receipt by the Borrower, the Buyer or any

Exporter (as the case may be) of proceeds from a proposed Loan

and or the incurring of debt in relation to a proposed Loan;

viii)

it would not be unlawful or contrary to any Sanctions Laws and

Regulations applicable to a Lender for the proposed Loan to be

made;

ix)

UK Export Finance has received the full amount of the UKEF

Support Fee;

if the proposed Utilisation pursuant to a Utilisation Request is a

Reimbursement Request or a Payment Request, the

representations made by the Exporter in the Exporter Receipt or the

Exporter Payment Request, as appropriate, are true;

xi)

if the proposed Utilisation Request is a Reimbursement Request,

the amount requested does not include any amount in respect of

payments made by the Borrower under the Export Contract to the

Exporter which form part of the cash down payment referred to in

the condition precedent in paragraph 4(d)(i) of Schedule 2

(Conditions Precedent to Initial Utilisation) of the UKEF-Supported

Facility Agreement 2021;

xii)

the Borrower has provided copies of all relevant Authorisations

relating to the proposed Loan including, without limitation, evidence

of the inclusion of the proposed Loan in the relevant annual budget

law of the Republic of Serbia; and

xiii)

there has been no event or circumstance that in the opinion of the

Majority Lenders constitutes or may constitute a material adverse

change in the Relevant Jurisdiction or in its international financial,

economic or political or social conditions, including any sovereign

risk downgrading of the Relevant Jurisdiction by an international

agency and/or deterioration in financial sector of the Relevant

Jurisdiction, war, civil war, revolution, uprising, acts of terrorism

and/or sabotage, an extension of exchange controls or a debt

moratorium, or a change in law or regulation or in the political,

economic, financial, commercial, legal and fiscal environment of the

Relevant Jurisdiction, and which in the opinion of the Majority

Lenders would make it inadvisable to proceed with the Utilisations.

Each Lender may, acting at its discretion, decide to make its participation in

each Loan available in accordance with

Clause 6.2

(Lenders' participation)

regardless of:

whether the conditions set out in paragraph (a) above have been

met; or

ii)

the delivery of notice to the Borrower under paragraph (c) of Clause

20.14 (Acceleration).

If any Loans are made when one or more of the conditions referred to in

paragraph (a) above have not been met or after delivery of notice to the

Borrower under paragraph (c) of

Clause 20.14

(Acceleration), such Loans

shall be repayable by the Borrower on demand by the Agent on the

instructions of the Majority Lenders.

SECTION 3

UTILISATION

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