Zakon o potvrđivanju Ugovora o zajmu Program čvrstog otpada u Srbiji, faza III između Republike Srbije i Evropske banke za obnovu i razvoj

Status propisa

Na snazi

Prikazana Verzija

Nema dostupnih verzija

Opšte Informacije

DonosilacNarodna skupština Republike Srbije

Zakon o potvrđivanju Ugovora o zajmu Program čvrstog otpada u Srbiji, faza III između Republike Srbije i Evropske banke za obnovu i razvoj

ARTICLE V - EFFECTIVENESSČl. Section 5.01.–Section 9.04
Section5.01.

Conditions Precedent to Effectiveness

The following are specified for purposes of Section 9.02(c) of the Standard Terms and Conditions as additional conditions to the effectiveness of this Agreement and the Project Agreements:
a)
the Co-financing Agreement has been executed and delivered and all conditions precedent to its effectiveness or to the right of the Borrower to make drawdowns thereunder, except only the effectiveness of this Agreement, have been fulfilled; and
b)
the execution of the Amendment No.2 to the Project Implementation Agreement.
Section5.02.

Conditions Precedent to First Drawdown of the Loan

The following is specified as a condition to the first Drawdown of the Loan under this Agreement:
a)
the appointment of an independent engineer for the New Project Entity by the Borrower, acting through the MEP, to supervise works of the Project.
b)
the Environmental and Social Action Plans, Stakeholder Engagement Plans (as defined in each Project Agreement), Land Acquisition and Resettlement Framework (as defined in each Project Agreement), and Livelihood Restoration Plans (as defined in each Project Agreement) (if relevant) for the Project have been agreed; and
c)
the amendment of the Existing Project Agreements and the execution of the New Project Agreement for the Project by the duly authorised parties thereto.
Section5.03.

Legal Opinions

a)
For purposes of Section 9.03(a) of the Standard Terms and Conditions, the opinion shall be given on behalf of the Borrower by the Ministry of Justice.
b)
For purposes of Section 9.03(c) of the Standard Terms and Conditions, the opinion or opinions of counsel shall be given on behalf of the New Project Entity by the head of legal department of the New Project Entity.
c)
For purposes of Section 9.03 of the Standard Terms and Conditions, the opinion shall be given on behalf of the Borrower, acting through the MEP, and shall provide an opinion issued by the Ministry of Justice on its behalf, which shall confirm that the New Project Agreement has been duly authorised and delivered on behalf of the Borrower and constitute valid and legally binding obligations of the Borrower enforceable in accordance with their terms.
Section5.04.

Termination for Failure to Become Effective

The date 180 days after the date of this Agreement is specified for purposes of
Section9.04

of the Standard Terms and Conditions.