General Примери клазула
General. 4.4.A No prejudice to Article 10 4.4.B No reborrowing 5.1 Day count convention
(a) under a Fixed Rate Tranche, a year of 360 (three hundred and sixty) days and a month of 30 (thirty) days; and
(b) under a Floating Rate Tranche, a year of 360 (three hundred and sixty) days and the number of days elapsed.
General. 4.4.A No prejudice to Article 10 4.4.B No reborrowing
(a) under a Fixed Rate Tranche, a year of 360 (three hundred and sixty) days and a month of 30 (thirty) days; and
(b) under a Floating Rate Tranche, a year of 360 (three hundred and sixty) days and the number of days elapsed.
General. For the purposes of the foregoing definitions:
General. For the purposes of the foregoing definitions:
a) All percentages resulting from any calculations referred to in this Schedule will be rounded, if necessary, to the nearest one thousandth (in respect of EURIBOR) of a percentage point, with halves being rounded up.
b) The Bank shall inform the Borrower without delay of the quotations received by the Bank.
c) If any of the foregoing provisions becomes inconsistent with provisions adopted under the aegis of EMMI and EURIBOR ACI (or any successor to that function of EMMI and EURIBOR ACI as determined by the Bank) in respect of EURIBOR, the Bank may by notice to the Borrower amend the provision to bring it into line with such other provisions.
General. A repaid or prepaid amount may not be reborrowed. This Article 4 shall not prejudice Article 10. If the Borrower prepays a Tranche on a date other than a relevant Payment Date, the Borrower shall indemnify the Bank in such amount as the Bank shall certify is required to compensate it for receipt of funds otherwise than on a relevant Payment Date. Any amount due by way of interest, indemnity or fee from the Borrower under this Contract, and calculated in respect of a fraction of a year, shall be determined on the following respective conventions:
(a) in respect of interest and indemnities due under a Fixed Rate Tranche, a year of 360 (three hundred and sixty) days and a month of 30 (thirty) days;
(b) in respect of interest and indemnities due under a Floating Rate Tranche, a year of 360 (three hundred and sixty) days but 365 (three hundred and sixty-five) days (invariable) for GBP, ZAR and PLN and the number of days elapsed;
(c) in respect of fees, a year of 360 (three hundred and sixty) days but 365 (three hundred and sixty-five) days (invariable) for fees due in GBP, ZAR and PLN) and the number of days elapsed.
General. 4.4.A No prejudice to Article 10 This Article 4 shall not prejudice Article 10. A repaid or prepaid amount may not be reborrowed. Any amount due by way of interest, indemnity or the Deferment Fee from the Borrower under this Contract, and calculated in respect of a fraction of a year, shall be determined on the following respective conventions:
(a) under a Fixed Rate Tranche, a year of 360 (three hundred and sixty) days and a month of 30 (thirty) days; and
(b) under a Floating Rate Tranche, a year of 360 (three hundred and sixty) days and the number of days elapsed.
General. For the purposes of the foregoing definitions: All percentages resulting from any calculations referred to in this Schedule will be rounded, if necessary, to the nearest one thousandth (in respect of EURIBOR) of a percentage point, with halves being rounded up. The Bank shall inform the Borrower without delay of the quotations received by the Bank. If any of the foregoing provisions becomes inconsistent with provisions adopted under the aegis of EMMI and EURIBOR ACI (or any successor to that function of EMMI and EURIBOR ACI as determined by the Bank) in respect of EURIBOR, the Bank may by notice to the Borrower amend the provision to bring it into line with such other provisions. To: REPUBLIC OF SERBIA From: European Investment Bank Date: Subject: Disbursement Offer/Acceptance for the Finance Contract between European Investment Bank and REPUBLIC OF SERBIA dated 15 April 2019 (the "Finance Contract") Serapis number 2018-0072 FI number 89175 Dear Sirs, We refer to the Finance Contract. Terms defined in the Finance Contract have the same meaning when used in this letter. Following your request for a Disbursement Offer from the Bank, in accordance with Article 1.2.B of the Finance Contract, we hereby offer to make available to you the following Tranche: Currency and amount to be disbursed and its EUR equivalent: Scheduled Disbursement Date: Interest rate basis: Interest payment periodicity: Payment Dates: Terms for repayment of principal: The Repayment Dates and the first and the last Repayment Date for the Tranche: The Interest Revision/Conversion Date: The Fixed Rate or Spread, applicable until the Interest Revision/Conversion Date if any, or until the Maturity Date. To make the Tranche available subject to the terms and conditions of the Finance Contract, the Bank must receive a Disbursement Acceptance in the form of a copy of this Disbursement Offer duly signed on your behalf, to the following fax number [__] or e-mail [__] no later than the Disbursement Acceptance Deadline of [time] Luxembourg time on [date]. The Disbursement Acceptance below must be signed by an Authorised Signatory and must be fully completed as indicated, to include the details of the Disbursement Account. If not duly accepted by the above stated time, the offer contained in this document shall be deemed to have been refused and shall automatically lapse. If you do accept the Tranche as described in this Disbursement Offer, all the related terms and conditions of the Finance Contract ...
General. For the purposes of the foregoing definitions:
(a) All percentages resulting from any calculations referred to in this Schedule will be rounded, if necessary, to the nearest one hundred- thousandth of a percentage point, with halves being rounded up.
(b) The Bank shall inform the Borrower without delay of the quotations received by the Bank. If any of the foregoing provisions becomes inconsistent with provisions adopted under the aegis of EMMI and EURIBOR ACI (or any successor to that function of EMMI and EURIBOR ACI as determined by the Bank) in respect of EURIBOR, the Bank may by notice to the Borrower amend the provision to bring it into line with such other provisions.
C.1 Form of Disbursement Request (Article1.2.B) Disbursement Request
C.2 Form of Certificate from Borrower (Article 1.4.B)
(a) no event described in Article 4.3A has occurred and is continuing unremedied;
(b) there has been no material change to any aspect of the Project or in respect of which we are obliged to report under Article 8.1, save as previously communicated by us;
(c) we have sufficient funds available to ensure the timely completion and implementation of the Project in accordance with Schedule A.1;
(d) no event or circumstance which constitutes or would with the passage of time or giving of notice under the Finance Contract constitute an event of default under Article 10.1 has occurred and is continuing unremedied or unwaived;
(e) no litigation, arbitration administrative proceedings or investigation is current or to our knowledge is threatened or pending before any court, arbitral body or agency which has resulted or if adversely determined is reasonably likely to result in a Material Adverse Change, nor is there subsisting against us or any of our subsidiaries any unsatisfied judgement or award;
(f) all necessary consents, authorisations, licences or approvals of governmental or public bodies or authorities required in connection with the Finance Contract and the Project for this Tranche have been obtained;
(g) the representations and warranties to be made or repeated by us under Article 6.11 are true in all material respects; and
(h) no Material Adverse Change has occurred, as compared with our condition at the date of the Finance Contract. Yours faithfully, For and on behalf of Borrower Date: If an Interest Revision/Conversion Date has been included in the Disbursement Notice for a Tranche, the following provisions shall apply.
A. Mechanics of Interest Revision/Conversion...
General. For the purposes of the foregoing definitions:
a) All percentages resulting from any calculations referred to in this Schedule will be rounded, if necessary, to the nearest one thousandth (in respect of EURIBOR) of a percentage point, with halves being rounded up.
b) The Bank shall inform the Borrower without delay of the quotations received by the Bank.
c) If any of the foregoing provisions becomes inconsistent with provisions adopted under the aegis of EMMI and EURIBOR ACI (or any successor to that function of EMMI and EURIBOR ACI as determined by the Bank) in respect of EURIBOR, the Bank may by notice to the Borrower amend the provision to bring it into line with such other provisions.
C.1 Form of Disbursement Offer/Acceptance (Articles 1.2.B and 1.2.C.)
(a) Amount to be disbursed in EUR:
(b) Scheduled Disbursement Date:
(c) Interest rate basis:
(d) Interest payment periodicity:
(e) Payment Dates:
(f) Terms for repayment of principal:
(g) The Repayment Dates and the first and the last Repayment Date for the Tranche:
(h) The Interest Revision/Conversion Date:
(i) The Fixed Rate or Spread, applicable until the Interest Revision/Conversion Date if any, or until the Maturity Date. To make the Tranche available subject to the terms and conditions of the Finance Contract, the Bank must receive a Disbursement Acceptance in the form of a copy of this Disbursement Offer duly signed on your behalf, to the following fax number +▇▇▇ ▇▇▇▇ ▇▇▇▇▇ or e-mail OPS_MA- ▇_▇▇▇▇▇▇@▇▇▇.▇▇▇, no later than the Disbursement Acceptance Deadline of [time] Luxembourg time on [date]. The Disbursement Acceptance below must be signed by an Authorised Signatory and must be fully completed as indicated, to include the details of the Disbursement Account. If not duly accepted by the above stated time, the offer contained in this document shall be deemed to have been refused and shall automatically lapse. If you do accept the Tranche as described in this Disbursement Offer, all the related terms and conditions of the Finance Contract shall apply, in particular, the provisions of Article 1.4. Yours faithfully, EUROPEAN INVESTMENT BANK We hereby accept the above Disbursement Offer: for and on behalf of The Republic of Serbia Date: Account to be credited: Account N°: …………………………………………………………………………. Account Holder/Beneficiary: ……………………………………………………… (please, provide IBAN format if the country is included in IBAN Registry published by SWIFT, otherwise an appropriate format in line with the local b...
General. A repaid or prepaid amount may not be reborrowed. This Article 4 shall not prejudice Article 10. If the Borrower prepays a Tranche on a date other than a relevant Payment Date, the Borrower shall indemnify the Bank in such amount as the Bank shall certify is required to compensate it for receipt of funds otherwise than on a relevant Payment Date.
5.1. Day count convention ARTICLE 5 Payments
(a) in respect of interest and indemnities due under a Fixed Rate Tranche, a year of 360 (three hundred and sixty) days and a month of 30 (thirty) days;
(b) in respect of interest and indemnities due under a Floating Rate Tranche, a year of 360 (three hundred and sixty) days but 365 (three hundred and sixty-five) days (invariable) for GBP, ZAR and PLN and the number of days elapsed;
(c) in respect of fees, a year of 360 (three hundred and sixty) days but 365 (three hundred and sixty-five) days (invariable) for fees due in GBP, ZAR and PLN) and the number of days elapsed.