Effective Date; Termination. Section 6.01. The following events are specified as additional conditions to the effectiveness of the Development Credit Agreement within the meaning of Section 12.01(b) of the General Conditions: (a) the Borrower has ratified the Agreement Establishing ATI and has paid to ATI its initial contribution to the capital stock of ATI in the amount of one hundred thousand Dollars ($100,000); (b) a Participation Agreement, in form and substance acceptable to the Association, has been executed and delivered on behalf of the Borrower and ATI, and all conditions precedent to the effectiveness thereof, if any, have been fulfilled or waived; and (c) ATI shall have opened one Security Trust Account and one Income Account on behalf of the Borrower and provided the Association with one copy of the account-related documentation. Section 6.02. The following are specified as additional matters, within the meaning of Section 12.02 (b) of the General Conditions, to be included in the opinion or opinions to be furnished to the Association: (a) that the Agreement Establishing ATI has been duly ratified by the Borrower by all necessary action, and is legally binding upon the Borrower in accordance with its terms; (b) that the execution and delivery of the Project Agreement has been duly authorized or ratified by ATI by all necessary action, and is legally binding upon ATI in accordance with its terms; (c) that the execution and delivery of the Participation Agreement has been duly authorized or ratified by the Borrower and ATI by all necessary action and is legally binding upon the Borrower and ATI in accordance with its terms; (d) that the Insurance Contracts, when executed and delivered by the respective parties thereto based on the Standard Form of Insurance Contract, will be legally valid and binding upon the respective parties thereto in accordance with their respective terms; and (e) that the execution and delivery of the Insurance Facility Agreements have been duly authorized or ratified by ATI, the Insurer and the Security Trust Account Trustee, respectively, and are legally valid and binding upon ATI, the Insurer and the Security Trust Account Trustee, respectively, in accordance with their respective terms. Section 6.03. The date ninety (90) days after the date of this Agreement is hereby specified for the purposes of Section 12.04 of the General Conditions. Section 6.04. The obligations of the Borrower under Article III of this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on the date 20 years after the date of this Agreement, whichever shall be the earlier.
Appears in 5 contracts
Sources: Development Credit Agreement, Development Credit Agreement, Development Credit Agreement
Effective Date; Termination. Section 6.01. The following events are specified as additional conditions to the effectiveness of the Development Credit this Agreement within the meaning of Section 12.01(b12.01 (b) of the General Conditions:
(a) the Borrower has ratified the Subsidiary Financing Agreement Establishing ATI and has paid to ATI its initial contribution to the capital stock of ATI in the amount of one hundred thousand Dollars ($100,000);
(b) a Participation Agreement, in form and substance acceptable to the Association, has been executed and delivered on behalf of the Borrower and ATIPPWSA, in accordance with the provisions of Section 3.02 of this Agreement;
(b) the Borrower and all conditions precedent PPWSA have adopted their respective Project Implementation Plans, including a financial management manual, satisfactory to the effectiveness thereofAssociation, if any, have been fulfilled or waivedin accordance with paragraph 2 of Schedule 4 to this Agreement and paragraph 2 of Schedule 2 to the Project Agreement; and
(c) ATI shall have opened one Security Trust Account and one Income Account on behalf of the Borrower and provided PPWSA each has: (i) designed chart of accounts and installed a specialized financial management software at the respective PMO of MIME and PPWSA, (ii) appointed a project accountant and an assistant accountant with terms of reference satisfactory to the Association with one copy at the respective PMO of MIME and PPWSA, and (iii) provided accounting and disbursement training to the staff of the account-related documentationrespective PMO of MIME and PPWSA; all in a manner and substance satisfactory to the Association.
Section 6.02. The following are specified as additional matters, within the meaning of Section 12.02 (b) of the General Conditions, to be included in the opinion or opinions to be furnished to the Association:
(a) that the Project Agreement Establishing ATI has been duly authorized or ratified by the Borrower by all necessary actionPPWSA, and is legally binding upon the Borrower PPWSA in accordance with its terms;
(b) that the execution and delivery of the Project Agreement has been duly authorized or ratified by ATI by all necessary action, and is legally binding upon ATI in accordance with its terms;
(c) that the execution and delivery of the Participation Subsidiary Financing Agreement has been duly authorized or ratified by the Borrower and ATI by all necessary action PPWSA and is legally binding upon the Borrower and ATI PPWSA in accordance with its terms;
(d) that the Insurance Contracts, when executed and delivered by the respective parties thereto based on the Standard Form of Insurance Contract, will be legally valid and binding upon the respective parties thereto in accordance with their respective terms; and
(ec) that the execution Environmental Assessments, the Ethnic Minorities Development Strategy and delivery the Guidelines on Resettlement and Compensation of the Insurance Facility Agreements Land and Other Assets have been duly authorized or ratified by ATI, the Insurer and the Security Trust Account Trustee, respectively, Borrower and are legally valid binding and binding upon ATI, the Insurer and the Security Trust Account Trustee, respectively, enforceable in accordance with their respective termsCambodian law.
Section 6.03. The date ninety (90) days after the date of this Agreement is hereby specified for the purposes of Section 12.04 of the General Conditions.
Section 6.04. The obligations of the Borrower under Article III the provisions of Section 5.02 of this Agreement shall cease and determine on the date on which the Development Credit Financing Agreement shall terminate or on the date 20 twenty (20) years after the date of this Agreement, whichever shall be the earlier.
Appears in 2 contracts
Sources: Development Financing Agreement, Development Financing Agreement
Effective Date; Termination. Section 6.01. The following events are specified as additional conditions to the effectiveness of the Development Credit Loan Agreement within the meaning of Section 12.01(b12.01 (c) of the General Conditions:
(a) an action plan, referred to in Section 3.04 (a) (ii) of this Agreement, has been prepared by the Borrower STU for each of the Project States for which a Project State Contract has ratified been entered into in compliance with the Agreement Establishing ATI and has paid to ATI its initial contribution to the capital stock condition set forth in paragraph (b) of ATI in the amount of one hundred thousand Dollars ($100,000)this Section;
(b) a Participation separate Project State Contract has been entered into between the Borrower, through INAFED, and at least one of the Project States;
(c) an STU, staffed as referred to in Section 3.04 (a) (ii) of this Agreement, in form and substance acceptable to is operational for each of the Association, Project States for which a Project State Contract has been executed and delivered on behalf entered into in compliance with the condition set forth in paragraph (b) of the Borrower and ATI, and all conditions precedent to the effectiveness thereof, if any, have been fulfilled or waivedthis Section; and
(cd) ATI shall have opened one Security Trust Account and one Income Account on behalf of the NAFIN Contract has been entered into by the Borrower and provided the Association with one copy of the account-related documentationNAFIN.
Section 6.02. The following are specified as additional matters, within the meaning of Section 12.02 (bc) of the General Conditions, to be included in the opinion or opinions to be furnished to the AssociationBank:
(a) that the Agreement Establishing ATI Borrower (in its legal opinion) and each of the Project States (in a separate legal opinion satisfactory to the Bank for each such Project State, issued by Project State counsel acceptable to the Bank), for which a Project State Contract has been duly ratified by entered into in compliance with the Borrower by all necessary action, and is legally binding upon the Borrower condition set forth in accordance with its terms;
Section 6.01 (b) of this Agreement, indicate that the execution and delivery of the relevant Project Agreement State Contract has been duly authorized or ratified by ATI by all necessary actionby, and is legally binding upon ATI in accordance with its terms;
(c) that the execution executed and delivery of the Participation Agreement has been duly authorized or ratified by delivered on behalf of, the Borrower and ATI by all necessary action said Project State and is legally binding upon the Borrower and ATI said Project State in accordance with its terms;
(d) that the Insurance Contracts, when executed and delivered by the respective parties thereto based on the Standard Form of Insurance Project State Contract, will be legally valid and binding upon the respective parties thereto in accordance with their respective ’s terms; and
(eb) that the execution Borrower (in its legal opinion) and delivery of NAFIN (in a separate legal opinion satisfactory to the Insurance Facility Agreements have Bank, issued by NAFIN counsel acceptable to the Bank), indicate that the NAFIN Contract has been duly authorized or ratified by ATIby, and executed and delivered on behalf of, the Insurer Borrower and the Security Trust Account Trustee, respectively, NAFIN and are is legally valid and binding upon ATI, the Insurer Borrower and the Security Trust Account Trustee, respectively, NAFIN in accordance with their respective the NAFIN Contract’s terms.
Section 6.03. The date ninety (90) days after the date of this Agreement December 30, 2002 is hereby specified for the purposes of Section 12.04 of the General Conditions.
Section 6.04. The obligations of the Borrower under Article III of this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on the date 20 years after the date of this Agreement, whichever shall be the earlier.
Appears in 2 contracts
Sources: Loan Agreement, Loan Agreement
Effective Date; Termination. Section 6.01. The following events are specified as additional conditions to the effectiveness of the Development Credit Loan Agreement within the meaning of Section 12.01(b12.01 (c) of the General Conditions:
(a) the Borrower Subsidiary Loan Agreement between MOF and LVK has ratified the Agreement Establishing ATI and has paid to ATI its initial contribution to the capital stock of ATI in the amount of one hundred thousand Dollars ($100,000)been executed by their authorized representatives;
(b) a Participation Agreement, in form the Guarantee Agreement between MOF and substance acceptable to the Association, Lviv has been executed by their authorized representatives;
(c) the Performance Agreement between Lviv and delivered on behalf of LVK has been executed by their authorized representatives;
(d) the Borrower and ATI, SIDA Grant Agreement has been concluded and all conditions precedent for the effectiveness of the SIDA Grant Agreement, other than conditions related to the effectiveness thereof, if anyof this Loan Agreement, have been fulfilled or waivedfulfilled; and
(ce) ATI shall have opened one Security Trust Account and one Income Account on behalf LVK has, in accordance with procedures acceptable to the Bank selected the MOIA, referred to in Part D of the Borrower Project, to provide management and provided operations improvement advisory services to LVK under the Association with one copy of Project, and concluded a contract therefor, under the account-related documentationterms and conditions acceptable to the Bank.
Section 6.02. The following are specified as additional matters, within the meaning of Section 12.02 (bc) of the General Conditions, to be included in the opinion or opinions to be furnished to the AssociationBank:
(a) that the Project Agreement Establishing ATI has been duly authorized or ratified by Lviv and the Borrower by all necessary actionLVK, and an is legally binding upon Lviv and the Borrower LVK in accordance with its terms;
(b) that the execution and delivery of the Project Subsidiary Loan Agreement has been duly authorized or ratified by ATI by all necessary action, and is legally binding upon ATI the MOF and the LVK in accordance with its terms;
(c) that the execution and delivery of the Participation Guarantee Agreement has been duly authorized or ratified by the Borrower and ATI by all necessary action and is legally binding upon the Borrower MOF and ATI Lviv in accordance with its terms;; and
(d) that the Insurance Contracts, when executed and delivered by the respective parties thereto based on the Standard Form of Insurance Contract, will be legally valid and binding upon the respective parties thereto in accordance with their respective terms; and
(e) that the execution and delivery of the Insurance Facility Agreements have Performance Agreement has been duly authorized or ratified by ATI, the Insurer and the Security Trust Account Trustee, respectively, and are is legally valid and binding upon ATI, the Insurer Lviv and the Security Trust Account Trustee, respectively, LVK in accordance with their respective its terms.
Section 6.03. The date ninety (90) days after the date of this Agreement is hereby specified for the purposes of Section 12.04 of the General Conditions.
Section 6.04. The obligations of the Borrower under Article III of this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on the date 20 years after the date of this Agreement, whichever shall be the earlier.
Appears in 2 contracts
Sources: Loan Agreement, Loan Agreement
Effective Date; Termination. Section 6.01. The following events are specified as additional This Agreement shall not become effective until evidence satisfactory to the Bank shall have been furnished to the Bank that:
(a) This Agreement has been fully executed on behalf of the Recipient and the Bank;
(b) All conditions precedent to the effectiveness of the Development Credit NPC Loan Agreement within the meaning of Section 12.01(b) of the General Conditions:
(a) the Borrower has ratified the Agreement Establishing ATI and has paid to ATI its initial contribution have been fulfilled, other than those related to the capital stock effectiveness of ATI in the amount of one hundred thousand Dollars ($100,000)this Agreement;
(bc) a Participation Agreement, in form and substance acceptable to the Association, has been executed and delivered on behalf of the Borrower and ATI, and all All conditions precedent to the effectiveness thereof, if any, of the PNOC Loan Agreement have been fulfilled or waivedfulfilled, other than those related to the effectiveness of this Agreement;
(d) The NPC Subsidiary Grant Agreement has been executed on behalf of the Recipient and NPC; and
(ce) ATI shall have opened one Security Trust Account and one Income Account The PNOC Subsidiary Grant Agreement has been executed on behalf of the Borrower Recipient and provided the Association with one copy of the account-related documentationPNOC.
Section 6.02. The following are specified as additional matters, within the meaning of Section 12.02 (bc) of the General Conditions, to be included in the opinion or opinions to be furnished to the AssociationTrustee:
(a) that the Agreement Establishing ATI has been duly ratified by the Borrower by all necessary action, and is legally binding upon the Borrower in accordance with its terms;
(b) that the execution and delivery of the Project The NPC Subsidiary Grant Agreement has been duly authorized or ratified by ATI by all necessary actioneach of the Recipient and NPC, and is legally binding upon ATI the Recipient and NPC in accordance with its terms;; and
(cb) that the execution and delivery of the Participation The PNOC Subsidiary Grant Agreement has been duly authorized or ratified by each of the Borrower Recipient and ATI by all necessary action PNOC, and is legally binding upon the Borrower Recipient and ATI PNOC in accordance with its terms;
(d) that the Insurance Contracts, when executed and delivered by the respective parties thereto based on the Standard Form of Insurance Contract, will be legally valid and binding upon the respective parties thereto in accordance with their respective terms; and
(e) that the execution and delivery of the Insurance Facility Agreements have been duly authorized or ratified by ATI, the Insurer and the Security Trust Account Trustee, respectively, and are legally valid and binding upon ATI, the Insurer and the Security Trust Account Trustee, respectively, in accordance with their respective terms.
Section 6.03. The date ninety (90) days after the date of this Agreement is hereby specified for the purposes of Section 12.04 of the General Conditions.
Section 6.04. The obligations of This Agreement shall continue in effect until the Borrower under Article III of GET Grant has been fully disbursed and the parties to this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on the date 20 years after the date of this Agreement, whichever shall be the earlierhave fulfilled all their obligations thereunder.
Appears in 1 contract
Effective Date; Termination. Section 6.01. The following events are specified as additional addi- tional conditions to the effectiveness of the Development Credit Agreement within the meaning of Section 12.01(b12.01 (b) of the General Conditions:
(a) the Borrower PC-1 document for the Project has ratified been approved by the Agreement Establishing ATI and has paid to ATI its initial contribution to Executive Committee of the capital stock of ATI in the amount of one hundred thousand Dollars ($100,000)National Economic Council;
(b) a Participation Agreement, in form and substance acceptable all conditions precedent to the Associationeffectiveness of the Loan Agreement have been fulfilled, has other than those related to the effectiveness of this Agreement;
(c) the Subsidiary Loan Agreements have been executed and delivered on behalf of the Borrower and ATI, and all conditions precedent to the effectiveness thereof, if any, have been fulfilled or waived; andPCIs;
(cd) ATI shall have opened one Security Trust Account and one Income Account the Administration Agreement has been executed on behalf of the Borrower and provided PBC;
(e) the Association with one copy NOCMU has been established to the satisfaction of the account-related documentationAssociation;
(f) the PCCs and the PCMUs have been established to the satisfaction of the Association;
(g) the plan referred to in Section 4.02 of this Agreement has been approved by the Borrower;
(h) the plan referred to in Section 4.03 of this Agreement has been approved by the Borrower; and
(i) the plan referred to in Section 4.04 of this Agreement has been approved by the Borrower.
Section 6.02. The following are specified as additional matters, within the meaning of Section 12.02 (b) of the General Conditions, to be included in the opinion or opinions to be furnished fur- nished to the Association:
(a) that the Project Agreement Establishing ATI has been duly authorized or ratified by the Borrower by all necessary actionProvinces, and is legally binding upon the Borrower Pro- vinces in accordance with its terms;
(b) that the execution and delivery of the Project Agreement has been duly authorized or ratified by ATI by all necessary action, and is legally binding upon ATI in accordance with its terms;
(c) that the execution and delivery of the Participation Agreement has Subsidiary Loan Agreements have been duly authorized or ratified by the Borrower and ATI the PCIs and are legally binding upon the Borrower and the PCIs in accordance with their terms; and
(c) that the Administration Agreement has been duly autho- rized or ratified by all necessary action the Borrower and PBC and is legally binding upon the Borrower and ATI PBC in accordance with its terms;
(d) that the Insurance Contracts, when executed and delivered by the respective parties thereto based on the Standard Form of Insurance Contract, will be legally valid and binding upon the respective parties thereto in accordance with their respective terms; and
(e) that the execution and delivery of the Insurance Facility Agreements have been duly authorized or ratified by ATI, the Insurer and the Security Trust Account Trustee, respectively, and are legally valid and binding upon ATI, the Insurer and the Security Trust Account Trustee, respectively, in accordance with their respective terms.
Section 6.03. The date ninety (90) days after the date of this Agreement is hereby specified for the purposes of Section 12.04 of the General Conditions.
Section 6.04. The obligations of the Borrower under Article III Sections 4.02, 4.03, 4.04 and 4.05 of this Agreement and the provisions of paragraph (b) of Section 5.02 of this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on the date 20 years after the date of this Agreement, whichever shall be the earlier.
Appears in 1 contract
Sources: Development Credit Agreement
Effective Date; Termination. Section 6.01. The following events are specified as additional conditions to the effectiveness of the Development Credit Loan Agreement within the meaning of Section 12.01(b12.01 (c) of the General ConditionsConditions that:
(a) the BI Subsidiary Loan Agreement has been entered into between the Borrower has ratified the Agreement Establishing ATI and has paid to ATI its initial contribution to the capital stock of ATI in the amount of one hundred thousand Dollars ($100,000);BI, respectively; and
(b) a Participation Agreement, in form and substance acceptable to the Association, has Subsidiary Loan Agreements have been executed and delivered on behalf of entered into between the Borrower and ATI, and all conditions precedent to the effectiveness thereof, if any, have been fulfilled or waived; and
(c) ATI shall have opened one Security Trust Account and one Income Account on behalf at least three of the Borrower and provided the Association with one copy of the account-related documentationParticipating Financial Institutions amongst Bank BNI, BDN, BEII, BBD or BRI.
Section 6.02. The following are specified as additional matters, within the meaning of Section 12.02 (bc) of the General Conditions, to be included in the opinion or opinions to be furnished to the AssociationBank:
(a) that the Commercial Banks Project Agreement Establishing ATI has been duly authorized or ratified by each of the Borrower by all necessary actionBank BNI, BDN, BRI, BBD, BEII, Bank Niaga, Bank Duta, BUN and BB, and is legally binding upon each of the Borrower Bank BNI, BDN, BRI, BBD, BEII, Bank Niaga, Bank Duta, BUN and BB in accordance with its terms;
(b) that the execution and delivery of the BAPINDO Project Agreement has been duly authorized or ratified by ATI by all necessary actionBAPINDO, and is legally binding upon ATI BAPINDO in accordance with its terms;
(c) that the execution and delivery of the Participation Non-Commercial Banks Project Agreement has been duly authorized or ratified by the Borrower each of PDFCI and ATI by all necessary action UPPINDO, and is legally binding upon the Borrower each of PDFCI and ATI UPPINDO in accordance with its terms;
(d) that the Insurance ContractsSubsidiary Loan Agreements referred to in Section 6.01 (b) of this Agreement have been duly authorized or ratified by, when executed and delivered by the respective parties thereto based on the Standard Form of Insurance Contract, will be are legally valid and binding upon the respective parties thereto Borrower and the relevant Participating Financial Institutions in accordance with their respective its terms; and
(e) that the execution and delivery of the Insurance Facility Agreements have BI Subsidiary Loan Agreement has been duly authorized or ratified by ATI, the Insurer and the Security Trust Account Trustee, respectivelyby, and are is legally valid and binding upon ATI, the Insurer Borrower and the Security Trust Account Trustee, respectively, BI in accordance with their respective its terms.
Section 6.03. The date ninety (90) days after the date of this Agreement is hereby specified for the purposes of Section 12.04 of the General Conditions.
Section 6.04. The obligations of the Borrower under Article III of this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on the date 20 years after the date of this Agreement, whichever shall be the earlier.
Appears in 1 contract
Sources: Loan Agreement
Effective Date; Termination. Section 6.014.01. The This Project Agreement shall come into force and effect on the date on which ADB notifies [PFI] that the following events are specified as additional conditions to the effectiveness of the Development Credit Agreement within the meaning of Section 12.01(b) of the General Conditionshave been satisfied:
(ai) [PFI] has established a project implementation unit for Part D of the Borrower has ratified Project in accordance with the Agreement Establishing ATI requirements set out in the ▇▇▇ and has paid to ATI its initial contribution to the capital stock satisfaction of ATI in the amount of one hundred thousand Dollars ($100,000)ADB and MoF;
(bii) [PFI] has established an ESMS and appointed a Participation Agreementqualified officer to implement the ESMS in accordance with the SPS and the requirements set forth in the ▇▇▇ to the satisfaction of ADB;
(iii) [PFI] has established anti-money laundering and counter-financing of terrorism controls and measures to implement such controls, in form and substance each case acceptable to ADB;
(iv) [PFI] and the AssociationRecipient have entered into a Subsidiary Loan Agreement on terms and conditions satisfactory to ADB;
(v) the execution and delivery of such Subsidiary Loan Agreement on behalf of [PFI] and the Recipient shall have been duly authorized or ratified by all necessary corporate, administrative and governmental action;
(vi) an opinion satisfactory to ADB of counsel satisfactory to ADB has been furnished to ADB, on behalf of the Recipient that such Subsidiary Loan Agreement has been duly authorized or ratified by, and executed and delivered on behalf of of, the Borrower and ATI, and all conditions precedent to the effectiveness thereof, if any, have been fulfilled or waived; and
(c) ATI shall have opened one Security Trust Account and one Income Account on behalf of the Borrower and provided the Association with one copy of the account-related documentation.
Section 6.02. The following are specified as additional matters, within the meaning of Section 12.02 (b) of the General Conditions, to be included in the opinion or opinions to be furnished to the Association:
(a) that the Agreement Establishing ATI has been duly ratified by the Borrower by all necessary action, Recipient and is legally binding upon the Borrower Recipient in accordance with its terms;
(bvii) that the execution and delivery of the this Project Agreement has been duly authorized or ratified by ATI by all necessary action, and is legally binding upon ATI in accordance with its terms;
(c) that the execution and delivery on behalf of the Participation Agreement has been duly authorized or ratified by the Borrower and ATI by all necessary action and is legally binding upon the Borrower and ATI in accordance with its terms;
(d) that the Insurance Contracts, when executed and delivered by the respective parties thereto based on the Standard Form of Insurance Contract, will be legally valid and binding upon the respective parties thereto in accordance with their respective terms; and
(e) that the execution and delivery of the Insurance Facility Agreements [PFI] shall have been duly authorized or ratified by ATIall necessary corporate action; and
(viii) an opinion satisfactory to ADB of counsel satisfactory to ADB has been furnished to ADB, on behalf of [PFI] that the Insurer Subsidiary Loan Agreement and the Security Trust Account TrusteeProject Agreement have been duly authorized or ratified by, respectively, and executed and delivered on behalf of [PFI] and are legally valid and binding upon ATI, the Insurer and the Security Trust Account Trustee, respectively, [PFI] in accordance with their respective terms.
Section 6.034.02. The date ninety (90) days after the date of this This Project Agreement is hereby specified for the purposes of Section 12.04 of the General Conditions.
Section 6.04. The and all obligations of the Borrower under Article III of this Agreement shall cease and determine on the date on which the Development Credit Agreement parties hereunder shall terminate or on the a date 20 which is 10 years after the date of this Project Agreement, whichever .
Section 4.03. All the provisions of this Project Agreement shall be continue in full force and effect notwithstanding any cancellation or suspension under the earlierGrant Agreement.
Appears in 1 contract
Sources: Grant Agreement
Effective Date; Termination. Section 6.01. The following events are specified as additional conditions to the effectiveness of the Development Credit this Agreement within the meaning of Section 12.01(b12.01 (b) of the General Conditions:
(a) the Borrower Subsidiary Agreement has ratified been executed on behalf of the Agreement Establishing ATI Recipient and has paid to ATI its initial contribution to the capital stock of ATI in the amount of one hundred thousand Dollars ($100,000)CNE;
(b) a Participation AgreementCNE has issued the Operational Manual and put it into effect;
(c) CNE has established, in form and substance acceptable made operational, financial management arrangements satisfactory to the Association;
(d) the PMU has been established and become operational with, inter alia, financial management staff in numbers and with qualifications satisfactory to the Bank;
(e) the Bank has been provided with evidence satisfactory to the Bank that the amounts needed as Borrower’s counterpart funds to carry out the Project up to December 31, 2003 have been allocated to the Project;
(f) the Bank has been provided with evidence satisfactory to the Bank that the bidding process for selection of the Electricity Provider for the El Ayote Subproject referred to in Part B.2 of the Project, has been launched;
(g) the Bank has been provided with evidence satisfactory to the Bank that CNE has reached the agreement with ATDR-BL, endorsed by INE, referred to in Section 1.02 (i) (ii) of this Agreement; and
(h) the Development Credit Agreement has been executed and delivered on behalf of the Borrower and ATI, and all conditions precedent to its effectiveness thereunder, except only the effectiveness thereof, if anyof this Agreement, have been fulfilled or waived; and
(c) ATI shall have opened one Security Trust Account and one Income Account on behalf of the Borrower and provided the Association with one copy of the account-related documentationfulfilled.
Section 6.02. The following are is specified as an additional mattersmatter, within the meaning of Section 12.02 (b) of the General Conditions, to be included in the opinion or opinions to be furnished to the Association:
(a) Bank, namely, that the Agreement Establishing ATI has been duly ratified by the Borrower by all necessary action, and is legally binding upon the Borrower in accordance with its terms;
(b) that the execution and delivery of the Project Agreement has been duly authorized or ratified by ATI by all necessary action, and is legally binding upon ATI in accordance with its terms;
(c) that the execution and delivery of the Participation Subsidiary Agreement has been duly authorized or ratified by the Borrower Recipient and ATI by all necessary action CNE and is legally binding upon the Borrower Recipient and ATI CNE in accordance with its terms;
(d) that the Insurance Contracts, when executed and delivered by the respective parties thereto based on the Standard Form of Insurance Contract, will be legally valid and binding upon the respective parties thereto in accordance with their respective terms; and
(e) that the execution and delivery of the Insurance Facility Agreements have been duly authorized or ratified by ATI, the Insurer and the Security Trust Account Trustee, respectively, and are legally valid and binding upon ATI, the Insurer and the Security Trust Account Trustee, respectively, in accordance with their respective terms.
Section 6.03. The date ninety (90) days after the date of this Agreement August 25, 2003 is hereby specified for the purposes of Section 12.04 of the General Conditions.
Section 6.04. The obligations of This Agreement shall continue in effect until the Borrower under Article III of Grant has been fully disbursed and the parties to this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on the date 20 years after the date of this Agreement, whichever shall be the earlierhave fulfilled their obligations hereunder.
Appears in 1 contract
Sources: Trust Fund Grant Agreement
Effective Date; Termination. Section 6.015.01. The following events are specified as additional conditions to the effectiveness of the Development Credit Agreement within the meaning of Section 12.01(b12.01 (b) of the General Conditions:
(a) the Borrower has ratified the KfW Loan Agreement Establishing ATI and has paid to ATI its initial contribution to the capital stock of ATI in the amount of one hundred thousand Dollars ($100,000);
(b) a Participation Agreement, in form and substance acceptable to the Association, has been executed and delivered on behalf of the Borrower and ATI, KfW;
(b) the DGIS Grant Agreement has been executed on behalf of the Borrower and DGIS;
(c) the Contract-plan has been executed on behalf of the Borrower and ON;
(d) the ON Subsidiary Loan Agreement has been executed on behalf of the Borrower and ON;
(e) the BNDA Subsidiary Loan Agreement has been executed on behalf of the Borrower and BNDA; and
(f) all conditions precedent to the effectiveness thereofof, if anyor initial disbursements under the KfW Loan Agreement, FAC Grant Agreement, CCCE Loan Agreement, DGIS Grant Agreement, have been fulfilled or waived; and
(c) ATI shall have opened one Security Trust Account and one Income Account on behalf fulfilled, other than the effectiveness of the Borrower and provided the Association with one copy of the account-related documentationthis Agreement.
Section 6.025.02. The following are specified as additional matters, within the meaning of Section 12.02 (b) of the General Conditions, to be included in the opinion or opinions to be furnished to the Association:
(a) that the Project Agreement Establishing ATI has been duly authorized or ratified by the Borrower by all necessary actionON and BNDA, and is legally binding upon the Borrower ON and BNDA in accordance with its terms;
(b) that the execution and delivery of the Project Agreement has been duly authorized or ratified by ATI by all necessary action, and is legally binding upon ATI in accordance with its terms;
(c) that the execution and delivery of the Participation ON Subsidiary Loan Agreement has been duly authorized or ratified by the Borrower and ATI by all necessary action ON and is legally binding upon the Borrower and ATI ON in accordance with its terms;
(d) that the Insurance Contracts, when executed and delivered by the respective parties thereto based on the Standard Form of Insurance Contract, will be legally valid and binding upon the respective parties thereto in accordance with their respective terms; and
(ec) that the execution and delivery of the Insurance Facility Agreements have BNDA Subsidiary Loan Agreement has been duly authorized or ratified by ATI, the Insurer Borrower and the Security Trust Account Trustee, respectively, BNDA and are is legally valid and binding upon ATI, the Insurer Borrower and the Security Trust Account Trustee, respectively, BNDA in accordance with their respective its terms.
Section 6.035.03. The date ninety (90) days after the date of this Agreement is hereby specified for the purposes of Section 12.04 of the General Conditions.
Section 6.045.04. The obligations of the Borrower under Article III Section 3.03 (a), (b) and (e) of this Agreement and the provisions of paragraphs (a), (b) and (c) of Section 4.02 of this Agreement shall cease and determine on the date on which the Development Credit this Agreement shall terminate or on the date 20 thirty years after the date of this Agreement, whichever shall be the earlier.
Appears in 1 contract
Sources: Development Credit Agreement
Effective Date; Termination. Section 6.01. The following events are specified as additional conditions to the effectiveness of the Development Credit Agreement Association within the meaning of Section 12.01(b12.01 (b) of the General Conditions:
(a) the Borrower has ratified adopted the Agreement Establishing ATI MDA Procedures Manual, in form and has paid to ATI its initial contribution substance satisfactory to the capital stock of ATI in the amount of one hundred thousand Dollars ($100,000)Association;
(b) a Participation Agreementthe Borrower has adopted the AGETIP Procedures Manual, in form and substance satisfactory to the Association;
(c) the MDA Subsidiary Agreement has been executed on behalf of the Borrower and MDA;
(d) the AGETIP Subsidiary Agreement has been executed on behalf of the Borrower and AGETIP;
(e) the Convention MDA-AGETIP, in form and substance acceptable to the Association, has been executed entered into between MDA-AGETIP;
(f) the Borrower has made the Initial Deposit into the Project Account;
(g) the Borrower has: (i) closed the CCC account; (ii) notified the Association as to the remaining balance; and delivered on behalf (iii) allocated said balance for the financing of expenditures under Parts A, B, and C of the Project;
(h) MDA has entered into at least three Municipal Contracts with Eligible Municipalities;
(i) the Borrower has, for the purpose of the Project, established a financial management and ATI, and all conditions precedent accounting system acceptable to the effectiveness thereof, if any, have been fulfilled or waivedAssociation; and
(cj) ATI shall have opened one Security Trust Account and one Income Account on behalf for the purposes of Article IV of this Agreement, the Borrower and provided has appointed an auditor, in accordance with the Association with one copy provisions of the account-related documentation.Section II of Schedule 3 to this Agreement;
Section 6.02. The following are specified as additional matters, within the meaning of Section 12.02 (b) of the General Conditions, to be included in the opinion or opinions to be furnished to the Association:
(a) that the MDA Subsidiary Agreement Establishing ATI has and the AGETIP Subsidiary Agreement have been duly ratified by the Borrower by all necessary action, and is legally binding upon the Borrower in accordance with its termsentered into;
(b) that the execution and delivery of the MDA Project Agreement has been duly authorized or ratified by ATI by all necessary action, MDA and is legally binding upon ATI MDA in accordance with its terms;; and
(c) that the execution and delivery of the Participation AGETIP Project Agreement has been duly authorized or ratified by the Borrower and ATI by all necessary action AGETIP and is legally binding upon the Borrower and ATI AGETIP in accordance with its terms;
(d) that the Insurance Contracts, when executed and delivered by the respective parties thereto based on the Standard Form of Insurance Contract, will be legally valid and binding upon the respective parties thereto in accordance with their respective terms; and
(e) that the execution and delivery of the Insurance Facility Agreements have been duly authorized or ratified by ATI, the Insurer and the Security Trust Account Trustee, respectively, and are legally valid and binding upon ATI, the Insurer and the Security Trust Account Trustee, respectively, in accordance with their respective terms.
Section 6.03. The date ninety (90) days after the date of this Agreement is hereby specified for the purposes of Section 12.04 of the General Conditions.
Section 6.04. The obligations of the Borrower under Article III of this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on the date 20 years after the date of this Agreement, whichever shall be the earlier.
Appears in 1 contract
Sources: Development Credit Agreement
Effective Date; Termination. Section 6.015.01. The following events are specified as additional conditions to the effectiveness of the Development Credit Agreement within the meaning of Section 12.01(b12.01 (b) of the General Conditions:
(a) the Borrower has ratified the Grant Agreement Establishing ATI and has paid to ATI its initial contribution to the capital stock of ATI in the amount of one hundred thousand Dollars ($100,000);
(b) a Participation Agreement, in form and substance acceptable to the Association, has been executed and delivered on behalf of the Borrower and ATI, ▇▇▇▇;
(b) the Subsidiary Grant Agreement referred to in Section 2.01 (b) of the Project Agreement between SAED and all conditions precedent to CREDO-SAHEL has been executed on behalf of the effectiveness thereof, if any, have been fulfilled or waived; andparties thereto;
(c) ATI shall have opened one Security Trust Account and one Income Account the Subsidiary Loan Agreement has been executed on behalf of the Borrower and CNCAS;
(d) the Lettre de Mission has been duly signed by the parties thereto;
(e) SAED shall have selected the Project Chief referred to in Section 3.05 of this Agreement;
(f) a standard contract among SAED, ▇▇▇▇ and village sections for the services to be provided by SAED in return for maintenance of infrastructure by such ▇▇▇▇ and village sections has been prepared; and
(g) all conditions precedent to initial disbursement under the Association with one copy respective Financing Agreements, except for the KfW Financing Agreement and save for the effectiveness of the account-related documentationthis Agreement, have been fulfilled.
Section 6.025.02. The following are specified as additional matters, within the meaning of Section 12.02 (b) of the General Conditions, to be included in the opinion or opinions to be furnished to the Association:
(a) that the Agreement Establishing ATI has been duly ratified by the Borrower by all necessary action, and is legally binding upon the Borrower in accordance with its terms;
(b) that the execution and delivery of the Project Agreement has been duly authorized or ratified by ATI by all necessary action, SAED and CNCAS and is legally binding upon ATI SAED and CNCAS in accordance with its Its terms;
(cb) that the execution and delivery of the Participation Grant Agreement has been duly authorized or ratified by the Borrower and ATI by all necessary action SAED and is legally binding upon the Borrower and ATI SAED in accordance with its terms;
(d) that the Insurance Contracts, when executed and delivered by the respective parties thereto based on the Standard Form of Insurance Contract, will be legally valid and binding upon the respective parties thereto in accordance with their respective terms; and
(ec) that the execution and delivery of the Insurance Facility Agreements have Subsidiary Loan Agreement has been duly authorized or ratified by ATI, the Insurer Borrower and the Security Trust Account Trustee, respectively, CNCAS and are is legally valid and binding upon ATI, the Insurer Borrower and the Security Trust Account Trustee, respectively, CNCAS in accordance with their respective its terms.
Section 6.035.03. The date ninety (90) days after the date of this Agreement is hereby specified for the purposes of Section 12.04 of the General Conditions.
Section 6.04. The obligations of the Borrower under Article III of this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on the date 20 years after the date of this Agreement, whichever shall be the earlier.
Appears in 1 contract
Sources: Development Credit Agreement
Effective Date; Termination. Section 6.01. The following events are specified as additional conditions to the effectiveness of the Development Credit Agreement within the meaning of Section 12.01(b12.01 (b) of the General Conditions:
(a) the Borrower has ratified the Agreement Establishing ATI and has paid to ATI its initial contribution to the capital stock of ATI in the amount of one hundred thousand Dollars ($100,000);
(b) a Participation MUB Subsidiary Loan Agreement, in form and substance acceptable to the Association, has been executed and delivered on behalf of the Borrower and ATIthe MUB, in accordance with the provisions of Section 3.01 (b) to this Agreement;
(b) the USAG Subsidiary Loan Agreement, acceptable to the Association, has been executed on behalf of the MUB and USAG, in accordance with the provisions of paragraph 8 of Schedule 2 to the Project Agreement;
(c) the MUB shall have entered into an agreement, acceptable to the Association and in accordance with the provisions of paragraph 7 of Schedule 2 to the Project Agreement, with a consultancy firm for the provision of technical assistance for detailed engineering designs and Project management;
(d) the Project Agreement has been duly authorized or ratified by the MUB, and all conditions precedent to is legally binding upon the effectiveness thereof, if any, have been fulfilled or waivedMUB in accordance with its terms; and
(ce) ATI a Project financial management system acceptable to the Association, shall have opened one Security Trust Account and one Income Account on behalf been established in the PMU, in accordance with paragraph 3 of Schedule 2 to the Borrower and provided the Association with one copy of the account-related documentationProject Agreement.
Section 6.02. The following are specified as additional matters, within the meaning of Section 12.02 (b) of the General Conditions, to be included in the opinion or opinions to be furnished to the Association:
(a) that the Project Agreement Establishing ATI has been duly authorized or ratified by the Borrower by all necessary actionMUB, and is legally binding upon the Borrower MUB in accordance with its terms;
(b) that the execution and delivery of the Project MUB Subsidiary Loan Agreement has been duly authorized or ratified executed by ATI by all necessary action, the Borrower and the MUB and is legally binding upon ATI the Borrower and the MUB in accordance with its terms;
(c) that the execution and delivery of the Participation USAG Subsidiary Loan Agreement has been duly authorized or ratified executed by the Borrower MUB and ATI by all necessary action USAG and is legally binding upon the Borrower and ATI said parties in accordance with its terms;; and
(d) that the Insurance Contracts, when executed Environmental Management Plan and delivered the Resettlement Action Plan have been duly approved and adopted by the respective parties thereto based on the Standard Form of Insurance Contract, will be MUB and are legally valid binding and binding upon the respective parties thereto enforceable in accordance with their respective terms; and
(e) that the execution and delivery of the Insurance Facility Agreements have been duly authorized or ratified by ATI, the Insurer and the Security Trust Account Trustee, respectively, and are legally valid and binding upon ATI, the Insurer and the Security Trust Account Trustee, respectively, in accordance with their respective termsBorrower’s laws.
Section 6.03. The date ninety (90) days after the date of this Agreement is hereby specified for the purposes of Section 12.04 of the General Conditions.
Section 6.04. The obligations of the Borrower under Article III of this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on the date 20 years after the date of this Agreement, whichever shall be the earlier.
Appears in 1 contract
Sources: Development Credit Agreement
Effective Date; Termination. Section 6.015.01. The following events are specified as additional addi- tional conditions to the effectiveness of the Development Credit Loan Agreement within the meaning of Section 12.01(b12.01 (c) of the General Conditions:
(a) that the Borrower has ratified the Gresik Subsidiary Loan Agreement Establishing ATI and has paid to ATI its initial contribution to the capital stock of ATI in the amount of one hundred thousand Dollars ($100,000);
(b) a Participation Agreement, in form and substance acceptable to the Association, has been executed and delivered on behalf of the Borrower and ATI, and all conditions precedent to the effectiveness thereof, if any, have been fulfilled or waived; andGresik;
(cb) ATI shall have opened one Security Trust Account and one Income Account that the PIM Subsidiary Loan Agreement has been executed on behalf of the Borrower and provided ▇▇▇;
(c) that the Association with one copy Kaltim Subsidiary Loan Agreement has been executed on behalf of the account-related documentationBorrower and Kaltim;
(d) that the Kujang Subsidiary Loan Agreement has been executed on behalf of the Borrower and ▇▇▇▇▇▇; and
(e) that the Pusri Subsidiary Loan Agreement has been executed on behalf of the Borrower and Pusri.
Section 6.025.02. The following are specified as additional matters, within the meaning of Section 12.02 (bc) of the General Conditions, to be included in the opinion or opinions to be furnished to the AssociationBank:
(a) that the Gresik Project Agreement Establishing ATI has been duly autho- rized or ratified by the Borrower by all necessary action▇▇▇▇▇▇, and is legally binding upon the Borrower Gresik in accordance with its terms;
(b) that the execution and delivery of the Project Agreement has been duly authorized or ratified by ATI by all necessary actionPIM, Kaltim, Kujang and Pusri, and is legally binding upon ATI PIM, Kaltim, Kujang and Pusri in accordance with its terms;
(c) that the execution and delivery of the Participation Gresik Subsidiary Loan Agreement has been duly authorized or ratified by the Borrower and ATI by all necessary action Gresik and is legally binding upon the Borrower and ATI Gresik in accordance with its terms;
(d) that the Insurance Contracts, when executed and delivered PIM Subsidiary Loan Agreement has been duly authorized or ratified by the respective parties thereto based on the Standard Form of Insurance Contract, will be Borrower and PIM and is legally valid and binding upon the respective parties thereto Borrower and PIM in accordance with their respective its terms; and;
(e) that the execution and delivery of the Insurance Facility Agreements have Kaltim Subsidiary Loan Agreement has been duly authorized or ratified by ATI, the Insurer Borrower and the Security Trust Account Trustee, respectively, Kaltim and are is legally valid and binding upon ATI, the Insurer Borrower and the Security Trust Account Trustee, respectively, Kaltim in accordance with their respective its terms;
(f) that the Kujang Subsidiary Loan Agreement has been duly authorized or ratified by the Borrower and Kujang and is legally binding upon the Borrower and Kujang in accordance with its terms; and
(g) that the Pusri Subsidiary Loan Agreement has been duly authorized or ratified by the Borrower and Pusri and is legally binding upon the Borrower and Pusri in accordance with its terms.
Section 6.035.03. The date ninety (90) days after the date of this Agreement is hereby specified for the purposes of Section 12.04 of the General Conditions.
Section 6.04. The obligations of the Borrower under Article III of this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on the date 20 years after the date of this Agreement, whichever shall be the earlier.
Appears in 1 contract
Sources: Loan Agreement
Effective Date; Termination. Section 6.01. The following events are specified as additional conditions to the effectiveness of the Development Credit Loan Agreement within the meaning of Section 12.01(b12.01 (c) of the General Conditions:
(a) the Borrower has ratified the Riga Subsidiary Loan Agreement Establishing ATI and has paid to ATI its initial contribution to the capital stock of ATI in the amount of one hundred thousand Dollars ($100,000);
(b) a Participation Agreement, in form and substance acceptable to the Association, has been executed and delivered on behalf of the Borrower and ATI, and all conditions precedent to the effectiveness thereof, if any, have been fulfilled or waived; andCity of Riga;
(cb) ATI shall have opened one Security Trust Account and one Income Account the DMEU Subsidiary Loan Agreement has been executed on behalf of the Borrower on the one hand and the DMEU and the City of Daugavpils on the other;
(c) Contracts satisfactory to the Bank have been concluded between the City of Riga and the Riga Public Transport Companies for provision of public transport services; and,
(d) a contract acceptable to the Bank has been concluded between the DMEU and the City of Daugavpils for the water and wastewater services to be provided by DMEU to the Association with one copy City of the account-related documentationDaugavpils.
Section 6.02. The following are specified as additional matters, within the meaning of Section 12.02 (bc) of the General Conditions, to be included in the opinion or opinions to be furnished to the AssociationBank:
(a) that the Riga Project Agreement Establishing ATI has been duly authorized or ratified by the Borrower by all necessary actionCity of Riga, and is legally binding upon the Borrower City of Riga in accordance with its terms;
(b) that the execution and delivery of the Project Riga Subsidiary Loan Agreement has been duly authorized or ratified by ATI by all necessary action, the Borrower and the City of Riga and is legally binding upon ATI the Borrower and the City of Riga in accordance with its terms;
(c) that the execution DMEU Project Agreement has been duly authorized or ratified by the DMEU and delivery the City of Daugavpils, and is legally binding upon DMEU and the Participation Agreement City of Daugavpils in accordance with its terms; and
(d) that the DMEU Subsidiary Loan Agreement, has been duly authorized or ratified by the Borrower and ATI by all necessary action DMEU with the guarantee of the City of Daugavpils for the repayment of the principal and the interest and other charges due under such Subsidiary Loan Agreement, and is legally binding upon the Borrower and ATI DMEU in accordance with its terms;
(d) that the Insurance Contracts, when executed and delivered by the respective parties thereto based on the Standard Form of Insurance Contract, will be legally valid and binding upon the respective parties thereto in accordance with their respective terms; and
(e) that the execution and delivery of the Insurance Facility Agreements have been duly authorized or ratified by ATI, the Insurer and the Security Trust Account Trustee, respectively, and are legally valid and binding upon ATI, the Insurer and the Security Trust Account Trustee, respectively, in accordance with their respective terms.
Section 6.03. The date ninety one hundred twenty (90120) days after the date of this Agreement is hereby specified for the purposes of Section 12.04 of the General Conditions.
Section 6.04. The obligations of the Borrower under Article III of this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on the date 20 years after the date of this Agreement, whichever shall be the earlier.
Appears in 1 contract
Sources: Loan Agreement
Effective Date; Termination. Section 6.01. The following events are specified as additional conditions to the effectiveness of the Development Credit Loan Agreement within the meaning of Section 12.01(b12.01 (c) of the General Conditions:
(a) the Borrower has ratified the The Subsidiary Agreement Establishing ATI and has paid to ATI its initial contribution to the capital stock of ATI in the amount of one hundred thousand Dollars ($100,000);
(b) a Participation Agreement, in form and substance acceptable to the Association, has shall have been executed and delivered on behalf of the Borrower and ATICCSS.
(b) CCSS shall have prepared a plan, and all conditions precedent satisfactory to the effectiveness thereofBank, if any, have been fulfilled or waived; andfor the implementation of Parts A.1 and A.3 (a) of the Project.
(c) ATI The Borrower shall have opened one Security Trust Account established the Health Areas in a manner satisfactory to the Bank.
(d) The Borrower and one Income Account on behalf CCSS shall have: (i) furnished to the Bank a time-bound program, satisfactory to the Bank providing for: (1) the establishment of the Health Basic Teams; and (2) the transfer of all Health Centers and Health Posts from the MH to CCSS together with the transfer of approximately 1,700 MH health professionals and auxiliary personnel to CCSS; and (ii) taken all necessary actions, including the enactment of legislation and the issuance of regulations, to authorize the implementation of the above program.
(e) The Convenio shall have entered into force.
(f) The Borrower and provided CCSS shall have prepared standard bidding documents, satisfactory to the Association with one copy Bank, to be utilized for the procurement of the account-related documentationgoods and works under local competitive bidding procedures.
(g) The Special Account has been duly opened.
Section 6.02. The following are specified as additional matters, within the meaning of Section 12.02 (bc) of the General Conditions, to be included in the opinion or opinions to be furnished to the AssociationBank:
(a) that the Project Agreement Establishing ATI has been duly authorized or ratified by the Borrower by all necessary actionCCSS, and is legally binding upon the Borrower CCSS in accordance with its terms;
(b) that the execution and delivery of the Project Subsidiary Agreement has been duly authorized or ratified by ATI by all necessary action, the parties thereto and is legally binding upon ATI such parties in accordance with its terms;
(c) that the execution and delivery of the Participation Agreement Convenio has been duly authorized or ratified by the Borrower and ATI by all necessary action parties thereto, and is legally binding upon the Borrower and ATI such parties in accordance with its terms;; and
(d) that the Insurance Contractsactions taken pursuant to Section 6.01 (c), when executed (d) (ii) and delivered by the respective parties thereto based on the Standard Form of Insurance Contract, will be legally (g) are valid and binding upon sufficient under the respective parties thereto in accordance with their respective terms; and
(e) that the execution and delivery laws of the Insurance Facility Agreements have been duly authorized or ratified by ATI, the Insurer and the Security Trust Account Trustee, respectively, and are legally valid and binding upon ATI, the Insurer and the Security Trust Account Trustee, respectively, in accordance with their respective termsCosta Rica.
Section 6.03. The date ninety (90) days after the date of this Agreement March 7, 1994 is hereby specified for the purposes of Section 12.04 of the General Conditions.
Section 6.04. The obligations of the Borrower under Article III of this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on the date 20 years after the date of this Agreement, whichever shall be the earlier.
Appears in 1 contract
Sources: Loan Agreement
Effective Date; Termination. Section 6.017.01. The following events are specified as additional conditions to the effectiveness of the Development Credit Agreement within the meaning of Section 12.01(b12.01 (b) of the General Conditions:
(a) that the SIF Subsidiary Agreement has been entered into between the Borrower has ratified the Agreement Establishing ATI and has paid to ATI its initial contribution to the capital stock of ATI in the amount of one hundred thousand Dollars ($100,000)SIF;
(b) a Participation Agreementthat arrangements, satisfactory to the Association, have been made, in order to make available to FAP and NPO the funds necessary to carry out Parts C, D and E of the Project, respectively;
(c) that the Operational Manual has been approved by SIF in form and substance acceptable satisfactory to the Association;
(d) that the KfW Financing Agreement has been entered into between the Borrower and KfW, satisfactory to the Association, has been executed and delivered on behalf of the Borrower and ATIin an amount equivalent to $12,000,000, and all conditions precedent or that alternative arrangements, satisfactory to the effectiveness thereof, if anyAssociation, have been fulfilled or waivedmade by the Borrower and/or SIF to cover such funding needs; and
(ce) ATI shall that at least $10,700,000 equivalent have opened one Security Trust Account and one Income Account on behalf been formally committed by Additional Financiers for the financing of the Borrower and provided the Association with one copy carrying out of the account-related documentationProject.
Section 6.027.02. The following are specified as additional matters, within the meaning of Section 12.02 (b) of the General Conditions, to be included in the opinion or opinions to be furnished to the Association:
(a) that the SIF Subsidiary Agreement Establishing ATI has been duly authorized or ratified by the Borrower by all necessary actionby, and is legally binding upon the Borrower and SIF in accordance with its terms;
(b) that the execution and delivery arrangements referred to in paragraph (b) of the Project Section 7.01 of this Agreement has have been duly authorized or ratified by ATI by all necessary action, and is legally binding upon ATI in accordance with its termsmade;
(c) that the execution and delivery of the Participation KfW Financing Agreement (or any alternative arrangements referred to in Section 7.01 (c) above) has been duly authorized or ratified by the Borrower and ATI by all necessary action by, and is legally binding upon the Borrower and ATI in accordance with its terms;SIF; and
(d) that the Insurance Contracts, when executed Operational Manual has been validly adopted by SIF and delivered by the respective parties thereto based on the Standard Form of Insurance Contract, will be legally valid is in full force and binding upon the respective parties thereto in accordance with their respective terms; and
(e) that the execution and delivery of the Insurance Facility Agreements have been duly authorized or ratified by ATI, the Insurer and the Security Trust Account Trustee, respectively, and are legally valid and binding upon ATI, the Insurer and the Security Trust Account Trustee, respectively, in accordance with their respective termseffect.
Section 6.037.03. The date ninety (90) days after the date of this Agreement June 12, 1991 is hereby specified for the purposes of Section 12.04 of the General Conditions.
Section 6.047.04. The obligations of the Borrower under Article III III, IV and V of this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on the date 20 twenty years after the date of this Agreement, whichever shall be the earlier.
Appears in 1 contract
Sources: Development Credit Agreement
Effective Date; Termination. Section 6.012.01. The following events are specified as additional conditions to the effectiveness of the Development Credit This Amending Agreement within the meaning of Section 12.01(b) of the General Conditionsshall not become effective until:
(a) the Borrower has ratified the Agreement Establishing ATI a public works engineer and has paid to ATI its initial contribution a financial analyst, suitably experienced and qualified, acceptable to the capital stock of ATI in the amount of one hundred thousand Dollars ($100,000)Association, have been appointed;
(b) a Participation Agreementqualified accounting firm, experienced in form working according to the International Accounting Standards and substance acceptable to the Association, has been executed recruited in accordance with the dispositions of Section II, Schedule 3 of the Development Credit Agreement to audit works and delivered services to be implemented under this Amending Agreement in accordance with Article IV of the Development Credit Agreement;
(c) satisfactory evidence shall have been furnished to the Association that the execution and delivery of this Amending Agreement on behalf of the Borrower and ATI, and all conditions precedent to the effectiveness thereof, if any, have been fulfilled duly authorized or waivedratified by all necessary governmental action; and
(cd) ATI the ▇▇▇▇-Dioulasso Subsidiary Loan Agreement and the Kadiogo Subsidiary Loan Agreement have been amended in a manner satisfactory to the Association.
Section 2.02. As part of the evidence to be furnished pursuant to Section 2.01 of this Amending Agreement, there shall have opened one Security Trust Account and one Income Account be furnished to the Association an opinion or opinions, satisfactory to the Association, of counsel acceptable to the Association, showing, on behalf of the Borrower and provided the Association with one copy of the account-related documentation.
Section 6.02. The following are specified as additional matters, within the meaning of Section 12.02 (b) of the General Conditions, to be included in the opinion or opinions to be furnished to the AssociationBorrower:
(a) that the this Amending Agreement Establishing ATI has been duly authorized or ratified by by, and executed and delivered on behalf of, the Borrower by all necessary action, and is legally binding upon the Borrower in accordance with its terms;; and
(b) that the execution amended ▇▇▇▇-Dioulasso Subsidiary Loan Agreement and delivery of the Project amended Kadiogo Subsidiary Loan Agreement has been duly authorized or ratified by ATI by all necessary action, and is legally binding upon ATI in accordance with its terms;
(c) that the execution and delivery of the Participation Agreement has have been duly authorized or ratified by the Borrower and ATI by all necessary action ▇▇▇▇-Dioulasso and is Kadiogo, respectively, and are legally binding upon the Borrower and ATI in accordance with its terms;
(d) that the Insurance Contracts, when executed ▇▇▇▇-Dioulasso and delivered by the respective parties thereto based on the Standard Form of Insurance Contract, will be legally valid and binding upon the respective parties thereto in accordance with their respective terms; and
(e) that the execution and delivery of the Insurance Facility Agreements have been duly authorized or ratified by ATI, the Insurer and the Security Trust Account Trustee, respectively, and are legally valid and binding upon ATI, the Insurer and the Security Trust Account TrusteeKadiogo, respectively, in accordance with their respective terms.
Section 6.032.03. The This Amending Agreement shall come into force and effect on the date upon which the Association dispatches to the Borrower notice of its acceptance of the evidence required by Section 2.01 of this Amending Agreement.
Section 2.04. If this Amending Agreement shall not have come into force and effect by a date ninety (90) days after the date of this Amending Agreement, this Amending Agreement is hereby specified and all obligations of the parties hereunder shall terminate, unless the Association establishes a later date for the purposes of Section 12.04 of this Section. If this Amending Agreement shall terminate under the General Conditions.
Section 6.04. The obligations of the Borrower under Article III provisions of this Agreement shall cease and determine on the date on which Section, the Development Credit Agreement shall terminate or on the date 20 years after the date of continue in full force and effect, as if this Agreement, whichever shall be the earlierAmending Agreement had not been executed.
Appears in 1 contract
Sources: Development Credit Agreement
Effective Date; Termination. Section 6.01. The following events are specified as additional conditions to the effectiveness of the Development Credit Agreement Loan Agreement, within the meaning of Section 12.01(b12.01 (c) of the General ConditionsConditions that:
(a) the Borrower Loan Agreement has ratified been registered by the Agreement Establishing ATI and has paid to ATI its initial contribution to the capital stock of ATI in the amount of one hundred thousand Dollars ($100,000)Central Bank;
(b) a Participation Agreement, in form and substance acceptable to the Association, BADESUL Agreement has been executed and delivered on behalf of the Borrower and ATI, and all conditions precedent to the effectiveness thereof, if any, have been fulfilled or waived; andBADESUL;
(c) ATI shall have opened one Security Trust Account and one Income Account a Financial Agency Agreement has been executed on behalf of the Borrower through BADESUL and provided BANRISUL;
(d) the Association Project Unit and the CD have been established;
(e) the Borrower has entered into a Participation Agreement with one copy CORSAN;
(f) the Task Force referred to in Section 3.10 of this Agreement has been established and adequately staffed, in terms satisfactory to the account-related documentationBank; and
(g) the Borrower has contributed to FUNDOPIMES, on terms and conditions satisfactory to the Bank, the equivalent of at least $7,000,000.
Section 6.02. The following are specified as additional matters, within the meaning of Section 12.02 (bc) of the General Conditions, to be included in the opinion or opinions to be furnished to the AssociationBank:
(a) that the Loan Agreement Establishing ATI has been duly ratified by registered with the Borrower by all necessary action, and is legally binding upon the Borrower in accordance with its termsCentral Bank;
(b) that all acts, consents and approvals, together with all necessary powers and rights in connection therewith, have been duly and validly performed or given and that not other such acts, consents or approvals are required in order to authorize the execution and delivery carrying out of the Project and to enable the Guarantor, the Borrower, BADESUL and the Financial Agent to perform all of therespective covenants, agreements and obligations of the Guarantor, the Borrower and the Financial Agent contained in the Guarantee Agreement has been duly authorized or ratified by ATI by all necessary actionand the Loan Agreement, and is legally binding upon ATI in accordance with its termsrespectively;
(c) that the execution and delivery of the a Participation Agreement has been duly authorized or ratified by the Borrower and ATI by all necessary action CORSAN and is legally binding upon the Borrower and ATI CORSAN, respectively, in accordance with its terms;
(d) that the Insurance Contracts, when executed and delivered BADESUL Agreement has been duly authorized or ratified by the respective parties thereto based on the Standard Form of Insurance Contract, will be Borrower and BADESUL and is legally valid and binding upon the respective parties thereto Borrower and BADESUL in accordance with their respective its terms; and;
(e) that the execution and delivery of the Insurance Facility Agreements have Financial Agency Agreement has been duly authorized or ratified by ATI, the Insurer Borrower through BADESUL and the Security Trust Account Trustee, respectively, BANRISUL and are is legally valid and binding upon ATIthe Borrower, the Insurer BADESUL and the Security Trust Account Trustee, respectively, BANRISUL in accordance with their respective its terms;
(f) that the CORSAN Project Agreement has been duly authorized or ratified by CORSAN and is legally binding upon CORSAN in accordance with its terms;
(g) that the BADESUL Project Agreement has been duly authorized or ratified by BADESUL and is legally binding upon BADESUL in accordance with its terms; and
(h) that the contributions to FUNDOPIMES referred to in paragraph (g) of Section 6.01 have been made in accordance with the legislation of the Guarantor and the Borrower.
Section 6.03. The date ninety (90) days after the date of this Agreement April 24, 1990, is hereby specified for the purposes of Section 12.04 of the General Conditions.
Section 6.04. The obligations of the Borrower under Article III of this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on the date 20 years after the date of this Agreement, whichever shall be the earlier.
Appears in 1 contract
Sources: Loan Agreement
Effective Date; Termination. Section 6.017.01. The following events are specified as additional conditions to the effectiveness of the Development Credit Loan Agreement within the meaning of Section 12.01(b12.01 (c) of the General Conditions:
(a) the SODECAO Project Account and the CENADEC Project Account have been opened and the Borrower has ratified the Agreement Establishing ATI and has paid to ATI its initial contribution to the capital stock of ATI in the deposited therein an amount of one billion nine hundred thousand Dollars eighty million CFA francs ($100,000CFAF 1,980,000,000) and an amount of sixty million CFA francs (CFAF 60,000,000), respectively;
(b) a Participation Agreement, in form and substance acceptable to the Association, Financing Agreement has been executed and delivered on behalf of the Borrower and ATI, and all conditions precedent to the effectiveness thereof, if any, have been fulfilled or waived; andSODECAO;
(c) ATI shall have opened one Security Trust Account and one Income Account the CENADEC Agreement has been executed on behalf of the Borrower and provided CENADEC;
(d) the Association with one copy general director, the deputy general director and the management controller referred to in Section 3.01 (b) of the account-related documentationProject Agreement have assumed their functions; and
(e) the GTZ Grant Agreement has been duly signed and conditions precedent to initial disbursements under said Agreement, except for the effectiveness of this Agreement, have been fulfilled.
Section 6.027.02. The following are specified as additional matters, within the meaning of Section 12.02 (bc) of the General Conditions, to be included in the opinion or opinions to be furnished to the AssociationBank:
(a) that the Project Agreement Establishing ATI has been duly authorized or ratified by the Borrower by all necessary actionSODECAO, and is legally binding upon the Borrower SODECAO in accordance with its terms;
(b) that the execution and delivery of the Project Agreement has been duly authorized or ratified by ATI by all necessary action, and is legally binding upon ATI in accordance with its terms;
(c) that the execution and delivery of the Participation Financing Agreement has been duly authorized or ratified by the Borrower and ATI by all necessary action SODECAO and is legally binding upon the Borrower and ATI SODECAO in accordance with its terms;
(d) that the Insurance Contracts, when executed and delivered by the respective parties thereto based on the Standard Form of Insurance Contract, will be legally valid and binding upon the respective parties thereto in accordance with their respective terms; and
(ec) that the execution and delivery of the Insurance Facility Agreements have CENADEC Agreement has been duly authorized or ratified by ATI, the Insurer Borrower and the Security Trust Account Trustee, respectively, CENADEC and are is legally valid and binding upon ATI, the Insurer Borrower and the Security Trust Account Trustee, respectively, CENADEC in accordance with their respective its terms.
Section 6.037.03. The date ninety (90) days after the date of this Agreement is hereby specified for the purposes of Section 12.04 of the General Conditions.
Section 6.04. The obligations of the Borrower under Article III of this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on the date 20 years after the date of this Agreement, whichever shall be the earlier.
Appears in 1 contract
Sources: Loan Agreement
Effective Date; Termination. Section 6.01. The following events are specified as additional conditions to the effectiveness of the Development Credit Agreement within the meaning of Section 12.01(b12.01 (b) of the General Conditions:
(a) the Subsidiary Agreement has been executed on behalf of the Borrower and DAWASA;
(b) the Development Contract has ratified been executed on behalf of the Borrower and DAWASA;
(c) the DAWASA Subloan Agreement Establishing ATI has been executed on behalf of DAWASA and has paid to ATI its the Operator;
(d) an initial contribution to the capital stock of ATI the Operator in the amount of one two million five hundred thousand United States Dollars equivalent ($100,000)US$2,500,000) has been paid by the Operator;
(be) DAWASA has appointed an engineering and a Participation financial advisor, a financial and technical auditor, and construction supervision consultants to assist in Project implementation, in accordance with the provisions of Schedule 1 to the Project Agreement, in form and substance acceptable with qualifications and experience that are satisfactory to the Association, has been executed and delivered on behalf of the Borrower and ATI, and all conditions precedent to the effectiveness thereof, if any, have been fulfilled or waived; and
(cf) ATI shall have DAWASA has opened one Security Trust a Project Account and one Income Account on behalf the initial contribution of the Borrower and provided the Association with one copy of the account-related documentationTshs 500,000,000 has been deposited therein.
Section 6.02. The following are specified as additional matters, within the meaning of Section 12.02 (b) of the General Conditions, to be included in the opinion or opinions to be furnished to the Association:
(a) that the Project Agreement Establishing ATI has been duly ratified authorized by the Borrower by all necessary actionDAWASA, and is legally binding upon the Borrower DAWASA in accordance with its terms;
(b) that the execution and delivery of the Project Subsidiary Agreement has been duly authorized or ratified by ATI by all necessary action, the Borrower and DAWASA and is legally binding upon ATI the Borrower and DAWASA in accordance with its terms;
(c) that the execution and delivery of the Participation Agreement has Development Contract have been duly authorized or ratified by the Borrower and ATI DAWASA by all necessary action and is are legally binding upon the Borrower and ATI DAWASA in accordance with its their respective terms;
(d) that the Insurance Contracts, when executed execution and delivered delivery of the DAWASA Subloan Agreement have been duly authorized or ratified by DAWASA and the respective parties thereto based on the Standard Form of Insurance Contract, will be Operator by all necessary action and are legally valid and binding upon DAWASA and the respective parties thereto Operator in accordance with their respective terms; and
(e) that the execution and delivery of the Insurance Facility Agreements have Lease Contract has been duly authorized or ratified by ATI, the Insurer DAWASA and the Security Trust Account Trustee, respectively, Operator by all necessary action and are legally valid and binding upon ATI, the Insurer DAWASA and the Security Trust Account Trustee, respectively, Operator in accordance with their respective terms.
Section 6.03. The date ninety (90) days after the date of this Agreement is hereby specified for the purposes of Section 12.04 of the General Conditions.
Section 6.04. The obligations of the Borrower under Article III of this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on the date 20 years after the date of this Agreement, whichever shall be the earlier.
Appears in 1 contract
Sources: Development Credit Agreement
Effective Date; Termination. Section 6.01. The following events are specified as additional conditions to the effectiveness of the Development Credit this Agreement within the meaning of Section 12.01(b12.01(c) of the General Conditions:
(a) the Borrower Project Account has ratified been opened and the Agreement Establishing ATI and has paid to ATI its initial contribution to the capital stock of ATI in the amount of one hundred thousand Dollars ($100,000)Initial Deposit been deposited therein;
(b) The Borrower, through PROTRANSPORTE, has adopted a Participation Agreementfinancial management system, including the capacity to produce FMRs, satisfactory to the Bank;
(c) the Borrower, through PROTRANSPORTE, has adopted the Project Operational Manual, the Environmental and Social Management Plan and the General Procurement Plan;
(d) the Borrower, through PROTRANSPORTE, has adopted for the first year of the Project, the Annual Operational Plan;
(e) the Borrower has adopted for the first year of the Project the Fiscal and Financial Action Plan;
(f) the Borrower has promulgated, in form and substance satisfactory to the Bank, a Municipal Ordinance providing for the intangibility of the transport corridor and regulating the use of its protected zone;
(g) the Borrower, through PROTRANSPORTE, has submitted to the Bank terms of reference acceptable to the AssociationBank for the appointment of auditors referred to in Section 4.01 (b) (i) of this Agreement;
(h) the Borrower, through PROTRANSPORTE, has executed final Institutional Cooperation Arrangements, all in form and substance satisfactory to the Bank with EMAPE and FONAM;
(i) the Staffing Plan has been executed adopted, in form and delivered on behalf of substance satisfactory to the Borrower and ATI, Bank and all conditions precedent to the effectiveness thereof, if any, necessary staffing arrangements have been fulfilled or waivedmade in accordance with said Staffing Plan; and
(cj) ATI shall have opened one Security Trust Account and one Income Account on behalf a procurement specialist for EMAPE has been hired, in accordance with the provisions of the Borrower and provided the Association with one copy Section II of the account-related documentationSchedule 4 to this Agreement.
Section 6.02. The following are specified as additional matters, within the meaning of Section 12.02 (bc) of the General Conditions, to be included in the opinion or opinions to be furnished to the AssociationBank:
(a) that the Agreement Establishing ATI has been duly ratified by the Borrower by all necessary action, and is legally binding upon the Borrower Institutional Cooperation Arrangement with EMAPE referred to in accordance with its terms;
Section 6.01 (bh) that the execution and delivery of the Project Agreement has been duly authorized or ratified by ATI by all necessary action, and is legally binding upon ATI in accordance with its terms;
(c) that the execution and delivery of the Participation this Agreement has been duly authorized or ratified by the Borrower and ATI by all necessary action EMAPE, and is legally binding upon the Borrower and ATI EMAPE in accordance with its terms;
(d) that the Insurance Contracts, when executed and delivered by the respective parties thereto based on the Standard Form of Insurance Contract, will be legally valid and binding upon the respective parties thereto in accordance with their respective terms; and
(eb) that the execution and delivery institutional cooperation arrangement with FONAM referred to in Section 6.01 (h) of the Insurance Facility Agreements have this Agreement has been duly authorized or ratified by ATI, the Insurer Borrower and the Security Trust Account Trustee, respectivelyFONAM, and are is legally valid and binding upon ATI, the Insurer Borrower and the Security Trust Account Trustee, respectively, FONAM in accordance with their respective its terms.
Section 6.03. The date ninety one hundred and twenty (90120) days after the date of this Agreement is hereby specified for the purposes of Section 12.04 of the General Conditions.
Section 6.04. The obligations of the Borrower under Article III of this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on the date 20 years after the date of this Agreement, whichever shall be the earlier.
Appears in 1 contract
Sources: Loan Agreement
Effective Date; Termination. Section 6.01. The following events are specified as additional conditions to the effectiveness of the Development Credit this Agreement within the meaning of Section 12.01(b12.01 (b) of the General Conditions:
(a) the Borrower has ratified independent auditors referred to in Section 4.01 (b) (i) of this Agreement have been appointed, as provided in such Section and in accordance with the Agreement Establishing ATI and has paid provisions of Section II of Schedule 3 to ATI its initial contribution this Agreement, on terms of reference acceptable to the capital stock of ATI Associationas provided in the amount of one hundred thousand Dollars ($100,000)such Section;
(b) the Borrower has established a Participation Agreementfinancial management system, in form and substance acceptable to the Association, ;
(c) the Subsidiary Agreement has been executed and delivered on behalf of the Borrower and ATI, and all conditions precedent to the effectiveness thereof, if any, have been fulfilled or waivedBE; and
(cd) ATI shall have opened one Security Trust Account the Borrower has completed and one Income Account on behalf adopted the PIP for Part C of the Borrower Project in a form and provided substance satisfactory to the Association with one copy of the account-related documentationAssociation.
Section 6.02. The following are specified as additional matters, within the meaning of Section 12.02 (b) of the General Conditions, to be included in the opinion or opinions to be furnished to the Association:
(a) that the Agreement Establishing ATI has been duly ratified by the Borrower by all necessary action, and is legally binding upon the Borrower in accordance with its terms;
(b) that the execution and delivery of the Project Agreement has been duly authorized or ratified by ATI by all necessary actionBE, and is legally binding upon ATI BE in accordance with its terms;; and
(cb) that the execution and delivery of the Participation Subsidiary Agreement has been duly authorized or ratified by the Borrower and ATI by all necessary action BE and is legally binding upon the Borrower and ATI BE in accordance with its terms;
(d) that the Insurance Contracts, when executed and delivered by the respective parties thereto based on the Standard Form of Insurance Contract, will be legally valid and binding upon the respective parties thereto in accordance with their respective terms; and
(e) that the execution and delivery of the Insurance Facility Agreements have been duly authorized or ratified by ATI, the Insurer and the Security Trust Account Trustee, respectively, and are legally valid and binding upon ATI, the Insurer and the Security Trust Account Trustee, respectively, in accordance with their respective terms.
Section 6.03. The date ninety (90) days after the date of this Agreement Agreement, is hereby specified for the purposes of Section 12.04 of the General Conditions.
Section 6.04. The obligations of the Borrower under Article III of this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on the date 20 years after the date of this Agreement, whichever shall be the earlier.
Appears in 1 contract
Sources: Development Credit Agreement
Effective Date; Termination. Section 6.014.01. The This Project Agreement shall come into force and effect on the date on which ADB notifies Arvand that the following events are specified as additional conditions to the effectiveness of the Development Credit Agreement within the meaning of Section 12.01(b) of the General Conditionshave been satisfied:
(ai) the Borrower Grant Agreement has ratified the Agreement Establishing ATI come into force and has paid to ATI its initial contribution to the capital stock of ATI in the amount of one hundred thousand Dollars ($100,000)effect;
(bii) Arvand has established a Participation AgreementPIU in accordance with the requirements set forth in the ▇▇▇ and to the satisfaction of ADB and MoF;
(iii) Arvand has established an ESMS and appointed a qualified officer to implement the ESMS in accordance with the SPS and the requirements set forth in the ▇▇▇ to the satisfaction of ADB;
(iv) Arvand has established anti-money laundering and counter-financing of terrorism controls and measures to implement such controls, in form and substance each case acceptable to ADB;
(v) Arvand and the AssociationRecipient have entered into a Subsidiary Loan Agreement on terms and conditions satisfactory to ADB;
(vi) the execution and delivery of such Subsidiary Loan Agreement on behalf of Arvand and the Recipient shall have been duly authorized or ratified by all necessary corporate, administrative and governmental action;
(vii) an opinion satisfactory to ADB of counsel satisfactory to ADB has been furnished to ADB, on behalf of the Recipient that such Subsidiary Loan Agreement has been duly authorized or ratified by, and executed and delivered on behalf of of, the Borrower and ATI, and all conditions precedent to the effectiveness thereof, if any, have been fulfilled or waived; and
(c) ATI shall have opened one Security Trust Account and one Income Account on behalf of the Borrower and provided the Association with one copy of the account-related documentation.
Section 6.02. The following are specified as additional matters, within the meaning of Section 12.02 (b) of the General Conditions, to be included in the opinion or opinions to be furnished to the Association:
(a) that the Agreement Establishing ATI has been duly ratified by the Borrower by all necessary action, Recipient and is legally binding upon the Borrower Recipient in accordance with its terms;
(bviii) that the execution and delivery of the this Project Agreement has been duly authorized or ratified by ATI by all necessary action, and is legally binding upon ATI in accordance with its terms;
(c) that the execution and delivery on behalf of the Participation Agreement has been duly authorized or ratified by the Borrower and ATI by all necessary action and is legally binding upon the Borrower and ATI in accordance with its terms;
(d) that the Insurance Contracts, when executed and delivered by the respective parties thereto based on the Standard Form of Insurance Contract, will be legally valid and binding upon the respective parties thereto in accordance with their respective terms; and
(e) that the execution and delivery of the Insurance Facility Agreements Arvand shall have been duly authorized or ratified by ATIall necessary corporate action; and
(ix) an opinion satisfactory to ADB of counsel satisfactory to ADB has been furnished to ADB, on behalf of Arvand that the Insurer Subsidiary Loan Agreement and the Security Trust Account TrusteeProject Agreement have been duly authorized or ratified by, respectively, and executed and delivered on behalf of Arvand and are legally valid and binding upon ATI, the Insurer and the Security Trust Account Trustee, respectively, Arvand in accordance with their respective terms.
Section 6.034.02. The date ninety (90) days after the date of this This Project Agreement is hereby specified for the purposes of Section 12.04 of the General Conditions.
Section 6.04. The and all obligations of the Borrower under Article III of this Agreement shall cease and determine on the date on which the Development Credit Agreement parties hereunder shall terminate or on the a date 20 which is 10 years after the date of this Project Agreement, whichever .
Section 4.03. All the provisions of this Project Agreement shall be continue in full force and effect notwithstanding any cancellation or suspension under the earlierGrant Agreement.
Appears in 1 contract
Sources: Project Agreement
Effective Date; Termination. Section 6.018.01. The following events are specified as additional conditions Loan Agreement and the Guarantee Agreement shall not become effective until evidence satisfactory to the Bank shall have been furnished to the Bank:
(a) that the execution and delivery of the Loan Agreement on behalf of the Borrower have been duly authorized or ratified by all necessary governmental action, including action of the Guarantor;
(b) that the execution and delivery of the Guarantee Agreement on behalf of the Guarantor have been duly authorized or ratified by all necessary governmental action;
(c) that the execution and delivery of the Project Agreement on behalf of ELCOM have been duly authorized or ratified by all necessary corporate and governmental action;
(d) that the Subsidiary Loan Agreement in form and substance satisfactory to the Bank has been duly executed and authorized by all necessary governmental and corporate action and is in full force and effect, subject only to the effectiveness of the Development Credit Agreement within the meaning of Section 12.01(b) of the General Conditions:
(a) the Borrower has ratified the Agreement Establishing ATI and has paid to ATI its initial contribution to the capital stock of ATI in the amount of one hundred thousand Dollars ($100,000);
(b) a Participation Loan Agreement, in form and substance acceptable to the Association, has been executed and delivered on behalf of the Borrower and ATI, and all conditions precedent to the effectiveness thereof, if any, have been fulfilled or waived; and
(ce) ATI if the Bank shall have opened one Security Trust Account so request, that the condition of ELCOM, as represented or warranted to the Bank as of the date of the Loan Agreement, has undergone no material adverse change between such date and one Income Account on behalf of the date agreed upon between the Borrower and provided the Association with one copy Bank for the purposes of the account-related documentationthis Section.
Section 6.028.02. The following are specified as additional matters, within the meaning of Section 12.02 11.02 (bc) of the General Conditions, to be included in the opinion or opinions to be furnished to the AssociationBank:
(a) that the Agreement Establishing ATI has been duly ratified by the Borrower by all necessary action, and is legally binding upon the Borrower in accordance with its terms;
(b) that the execution and delivery of the Project Agreement has been duly authorized or ratified by ATI by all necessary actionby, and is legally executed and delivered on behalf of, ELCOM and constitutes a valid and binding upon ATI obligation of ELCOM in accordance with its terms;; and
(cb) that the execution and delivery of the Participation Subsidiary Loan Agreement has been duly executed and authorized or ratified by the Borrower and ATI by all necessary action governmental and is legally binding upon the Borrower and ATI in accordance with its terms;
(d) that the Insurance Contractscorporate action, when executed and delivered by the respective parties thereto based on the Standard Form of Insurance Contract, will be legally constitutes valid and binding upon obligations of the respective parties thereto in accordance with their respective terms; and
(e) that its terms and is in full force and effect, subject only to the execution and delivery effectiveness of the Insurance Facility Agreements have been duly authorized or ratified by ATI, the Insurer and the Security Trust Account Trustee, respectively, and are legally valid and binding upon ATI, the Insurer and the Security Trust Account Trustee, respectively, in accordance with their respective termsLoan Agreement.
Section 6.038.03. The date ninety (90) days after the date of this Agreement August 12, 1974 is hereby specified for the purposes of Section 12.04 11.04 of the General Conditions.
Section 6.04. The obligations of the Borrower under Article III of this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on the date 20 years after the date of this Agreement, whichever shall be the earlier.
Appears in 1 contract
Sources: Loan Agreement
Effective Date; Termination. Section 6.01. The following events are specified as additional conditions to the effectiveness of the Development Credit this Agreement within the meaning of Section 12.01(b12.01 (c) of the General Conditions:
(a) the Borrower ▇▇▇▇ ▇▇▇ Finance Contract has ratified the Agreement Establishing ATI been executed and has paid delivered and all conditions precedent to ATI its initial contribution effectiveness or to the capital stock right of ATI in the amount Borrower to request disbursements thereunder, except only the effectiveness of one hundred thousand Dollars ($100,000)this Agreement, have been fulfilled;
(b) a Participation the ▇▇▇▇ Petroleum Sector Management Capacity-Building Project Development Credit Agreement has been executed and delivered and all conditions precedent to its effectiveness or to the right of the Borrower to make withdrawals thereunder, except only the effectiveness of this Agreement, have been fulfilled;
(c) the ▇▇▇▇ Management of the Petroleum Economy Project Development Credit Agreement has been executed and delivered and all conditions precedent to its effectiveness or to the right of the Borrower to make withdrawals thereunder, except only the effectiveness of this Agreement, have been fulfilled;
(d) the Borrower has issued the Permit H referred to in Chapter II of Title I of Decree dated May 10, 1967, in favor of the Upstream Consortium;
(e) all actions of the Borrower, Cameroon, TOTCO, COTCO and ESSO ▇▇▇▇ specified in the EMP to be taken after the date of this Agreement have been taken in accordance with the terms thereof;
(f) all the agreements with respect to the loans provided for respectively under the Senior Loan Agreements have been executed and delivered and all conditions precedent to their effectiveness or to the right of COTCO and TOTCO to make withdrawals thereunder, except only the effectiveness of this Agreement, the Cameroon Loan Agreement and the ▇▇▇▇ ▇▇▇ Finance Contract, have been fulfilled or waived by or on behalf of the Senior Lenders;
(g) the COTCO Transportation Contract and the TOTCO Transportation Contract, in form and substance satisfactory to the Bank, have been executed on behalf of COTCO, TOTCO and shippers, respectively;
(h) TOTCO has established an internal accounting and financial system acceptable to the AssociationBank for the implementation of Part B of the Project;
(i) ▇▇▇▇▇ has: (i) appointed the independent auditors referred to in Section 4.01 (b) of the TOTCO Project Agreement; (ii) authorized such independent auditors to communicate directly with the Bank at any time regarding each of TOTCO’s accounts and its operations; and (iii) furnished to the Bank a copy of such authorization;
(j) evidence satisfactory to the Bank has been furnished by any of the respective parties thereto, showing that the Core Documents and the Technical Project Implementation Documents, in form and substance satisfactory to the Bank, have been issued or executed and are all in full force and effect;
(k) the Upstream Consortium shall have provided evidence satisfactory to the Bank that the DFID has been made;
(l) the Escrow Agreement has been executed and delivered and all conditions precedent to its effectiveness or to the right of the Bank and EIB to receive payments thereunder, except only the effectiveness of this Agreement and the ▇▇▇▇ ▇▇▇ Finance Contract, have been fulfilled;
(m) the Pre-completion Guarantee Agreements and supporting security documentation, satisfactory to the Bank, have been executed on behalf of Exxon Equity Holding Company, Petronas Carigali Sdn Bhd, Chevron Overseas Capital Corporation and the Borrower Bank and ATIEIB, respectively, and all conditions precedent to the their effectiveness thereof, if any, have been fulfilled or waived; and
(c) ATI shall have opened one Security Trust Account and one Income Account on behalf of the Borrower and provided the Association with one copy of the account-related documentation.
Section 6.02. The following are specified as additional matters, within the meaning of Section 12.02 (b) of the General Conditions, to be included in the opinion or opinions to be furnished to the Association:
(a) that the Agreement Establishing ATI has been duly ratified by the Borrower by all necessary action, and is legally binding upon the Borrower in accordance with its termsfulfilled;
(bn) that evidence satisfactory to the execution and delivery Bank has been furnished regarding the arrangements for: (i) payment by the offtakers under the Three Fields Offtake Contracts of amounts equal to at least the provisional royalties payable under Article 22.4 of the Project Agreement has been duly authorized or ratified Upstream Convention; (ii) payment by ATI by all necessary action, and is legally binding upon ATI obligors of taxes referred to in accordance with its terms;
(c) that the execution and delivery Artic le 24 A of the Participation Agreement has been duly authorized or ratified by Upstream Convention into the Borrower and ATI by all necessary action and is legally binding upon transit account established pursuant to the Borrower and ATI in accordance with its termsEscrow Agreement;
(d) that the Insurance Contracts, when executed and delivered by the respective parties thereto based on the Standard Form of Insurance Contract, will be legally valid and binding upon the respective parties thereto in accordance with their respective terms; and
(e) that the execution and delivery of the Insurance Facility Agreements have been duly authorized or ratified by ATI, the Insurer and the Security Trust Account Trustee, respectively, and are legally valid and binding upon ATI, the Insurer and the Security Trust Account Trustee, respectively, in accordance with their respective terms.
Section 6.03. The date ninety (90) days after the date of this Agreement is hereby specified for the purposes of Section 12.04 of the General Conditions.
Section 6.04. The obligations of the Borrower under Article III of this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on the date 20 years after the date of this Agreement, whichever shall be the earlier.
Appears in 1 contract
Sources: Loan Agreement
Effective Date; Termination. Section 6.01. The following events are specified as additional conditions to the effectiveness of the Development Credit Agreement Loan Agreement, within the meaning of Section 12.01(b12.01 (c) of the General ConditionsConditions that:
(a) the Borrower Loan Agreement has ratified been registered by the Agreement Establishing ATI and has paid to ATI its initial contribution to the capital stock of ATI in the amount of one hundred thousand Dollars ($100,000)Central Bank;
(b) a Participation Agreement, in form and substance acceptable to the Association, FAMEPAR Agreement has been executed and delivered on behalf of the Borrower and ATI, and all conditions precedent to the effectiveness thereof, if any, have been fulfilled or waived; andFAMEPAR;
(c) ATI shall have opened one Security Trust Account and one Income Account a Financial Agency Agreement has been executed on behalf of the Borrower and provided BANESTADO;
(d) the Association with one copy PCU has been established; and
(e) a Participation Agreement has been executed on behalf of the account-related documentationBorrower and SANEPAR.
Section 6.02. The following are specified as additional matters, within the meaning of Section 12.02 (bc) of the General Conditions, to be included in the opinion or opinions to be furnished to the AssociationBank:
(a) that the Loan Agreement Establishing ATI has been duly ratified by registered with the Borrower by all necessary action, and is legally binding upon the Borrower in accordance with its termsCentral Bank;
(b) that all acts, consents and approvals, together with all necessary powers and rights in connection therewith, have been duly and validly performed or given and that no other such acts, consents or approvals are required in order to authorize the execution and delivery carrying out of the Project and to enable the Guarantor, the Borrower, FAMEPAR and the Financial Agent to perform all of the respective convenants, agreements and obligations of the Guarantor, the Borrower and the Financial Agent contained in the Guarantee Agreement has been duly authorized or ratified by ATI by all necessary actionand the Loan Agreement, and is legally binding upon ATI in accordance with its termsrespectively;
(c) that the execution and delivery of the a Participation Agreement has been duly authorized or ratified by the Borrower and ATI by all necessary action SANEPAR and is legally binding upon the Borrower and ATI SANEPAR in accordance with its terms;
(d) that the Insurance Contracts, when executed and delivered FAMEPAR Agreement has been duly authorized or ratified by the respective parties thereto based on the Standard Form of Insurance Contract, will be Borrower and FAMEPAR and is legally valid and binding upon the respective parties thereto Borrower and FAMEPAR in accordance with their respective its terms; and;
(e) that the execution and delivery of the Insurance Facility Agreements have Financial Agency Agreement has been duly authorized or ratified by ATI, the Insurer Borrower and the Security Trust Account Trustee, respectively, BANESTADO and are is legally valid and binding upon ATI, the Insurer Borrower and the Security Trust Account Trustee, respectively, BANESTADO in accordance with their respective its terms; and
(f) that the Project Agreement has been duly authorized or ratified by SANEPAR and is legally binding upon SANEPAR in accordance with its terms.
Section 6.03. The date ninety (90) days after the date of this Agreement October 17, 1989, is hereby specified for the purposes of Section 12.04 of the General Conditions.
Section 6.04. The obligations of the Borrower under Article III of this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on the date 20 years after the date of this Agreement, whichever shall be the earlier.
Appears in 1 contract
Sources: Loan Agreement
Effective Date; Termination. Section 6.01. The following events are specified as additional conditions to the effectiveness of the Development Credit Agreement within the meaning of Section 12.01(b12.01 (b) of the General Conditions:
(a) The IFAD Loan Agreement has been executed and delivered and all conditions precedent to their effectiveness or to the right of the Borrower has ratified to make withdrawals thereunder, except only the Agreement Establishing ATI and has paid to ATI its initial contribution to the capital stock effectiveness of ATI in the amount of one hundred thousand Dollars ($100,000)this Agreement, have been fulfilled;
(b) a Participation Agreement, in form and substance acceptable to the Association, The PBDAC Subsidiary Loan Agreement has been executed and delivered on behalf of the Borrower and ATI, and all conditions precedent to the effectiveness thereof, if any, have been fulfilled or waived; andPBDAC;
(c) ATI shall have opened one Security Trust Account and one Income Account The NIB Subsidiary Loan Agreement has been executed on behalf of the Borrower and provided the Association with one copy NIB; and
(d) The LDF Subsidiary Loan Agreement has been executed on behalf of the account-related documentationNIB and LDF.
Section 6.02. The following are specified as additional matters, within the meaning of Section 12.02 (b) of the General Conditions, to be included in the opinion or opinions to be furnished to the Association:
(a) that the PBDAC Project Agreement Establishing ATI has been duly authorized or ratified by the Borrower by all necessary actionPBDAC, and is legally binding upon the Borrower PBDAC in accordance with its terms;
(b) that the execution and delivery of the LDF Project Agreement has been duly authorized or ratified by ATI by all necessary actionLDF, and is legally binding upon ATI LDF in accordance with its terms;
(c) that the execution and delivery of the Participation PBDAC Subsidiary Loan Agreement has been duly authorized or ratified by the Borrower and ATI by all necessary action and is legally binding upon the Borrower and ATI PBDAC in accordance with its terms;
(d) that the Insurance Contracts, when executed NIB Subsidiary Loan Agreement has been duly authorized or ratified by and delivered by the respective parties thereto based on the Standard Form of Insurance Contract, will be is legally valid and binding upon the respective parties thereto Borrower and NIB in accordance with their respective its terms; and
(e) that the execution and delivery of the Insurance Facility Agreements have LDF Subsidiary Loan Agreement has been duly authorized or ratified by ATI, the Insurer and the Security Trust Account Trustee, respectively, and are is legally valid and binding upon ATI, the Insurer NIB and the Security Trust Account Trustee, respectively, LDF in accordance with their respective its terms.
Section 6.03. The date ninety one hundred twenty (90120) days after the date of this Agreement is hereby specified for the purposes of Section 12.04 of the General Conditions.
Section 6.04. The obligations of the Borrower under Article III of this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on the date 20 years after the date of this Agreement, whichever shall be the earlier.
Appears in 1 contract
Sources: Development Credit Agreement
Effective Date; Termination. Section 6.01. The following events are specified as additional conditions to the effectiveness of the Development Credit Loan Agreement within the meaning of Section 12.01(b12.01 (c) of the General Conditions:
(a) the Borrower has ratified the Agreement Establishing ATI and has paid to ATI its initial contribution to the capital stock of ATI in the amount of one hundred thousand Dollars ($100,000);
(b) a Participation Agreement, in form and substance acceptable to the Association, Accord de Retrocession has been executed and delivered on behalf of the Borrower and ATIBNDA, and all conditions precedent satisfactory to the Bank;
(b) the conditions of effectiveness thereofof the CCCE Loan Agreement for the Project and the CDC Financing for the Project, if anyother than the effectiveness of this Agreement, have been fulfilled or waived; andfulfilled;
(c) ATI shall a price structure, satisfactory to the Bank, for the purchase of all rubber from outgrowers is in effect;
(d) the Project Accounts have been opened one Security Trust Account in accordance with the provisions of Section 3.05 of this Agreement, and one Income Account an initial deposit of CFAF 25,000,000 has been made in the BNDA Account;
(e) the extension of, and amendment to the Contract between the Borrower and SAPH, as provided in Section 3.04 (b) of this Agreement, have been duly executed on behalf of the-Borrower and SAPH;
(f) the amendment to the BNDA Agreement, as provided in Section 3.04 (a) of this Agreement, has been duly executed on behalf of the Borrower and BNDA; and
(g) the amendment to the Protocol, as provided the Association with one copy in Section 2.08 (a) of the account-related documentationProject Agreement, has been duly executed on behalf of BNDA and SAPH.
Section 6.02. The following are specified as additional matters, within the meaning of Section 12.02 (bc) of the General Conditions, to be included in the opinion or opinions to be furnished to the AssociationBank:
(a) that the Agreement Establishing ATI has been duly ratified by the Borrower by all necessary action, and is legally binding upon the Borrower in accordance with its terms;
(b) that the execution and delivery of the Project Agreement has been duly authorized or ratified by ATI by all necessary action, each Project Entity and is legally binding upon ATI each Project Entity in accordance with its terms;; and
(cb) that the execution and delivery of the Participation Agreement Accord de Retrocession has been duly authorized or ratified by b the Borrower and ATI by all necessary action BNDA and is legally binding upon the Borrower and ATI BNDA in accordance with its terms;
(d) that the Insurance Contracts, when executed and delivered by the respective parties thereto based on the Standard Form of Insurance Contract, will be legally valid and binding upon the respective parties thereto in accordance with their respective terms; and
(e) that the execution and delivery of the Insurance Facility Agreements have been duly authorized or ratified by ATI, the Insurer and the Security Trust Account Trustee, respectively, and are legally valid and binding upon ATI, the Insurer and the Security Trust Account Trustee, respectively, in accordance with their respective terms.
Section 6.03. The date ninety (90) days after the date of this Agreement is hereby specified for the purposes of Section 12.04 of the General Conditions.
Section 6.04. The obligations of the Borrower under Article III of this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on the date 20 years after the date of this Agreement, whichever shall be the earlier.
Appears in 1 contract
Sources: Loan Agreement
Effective Date; Termination. Section 6.013.01. The following events are specified as additional conditions This Amending Agreement shall not become effective until evidence satisfactory to the effectiveness Bank shall have been furnished to the Bank that: (a) the Project Operational Manual has been adopted by the Borrower through a Ministerial Resolution; (b) the execution and delivery of the Development Credit Institutional Cooperation Agreement within on behalf of the meaning Borrower through MAG and on behalf of INRENA have been duly authorized or ratified by all necessary governmental and corporate action; (c) the execution and delivery of this Amending Agreement on behalf of the Borrower have been duly authorized or ratified by all necessary governmental action; and (d) the Borrower made payments to finance eligible expenditures under the Project incurred prior to the date of this Amending Agreement up to an aggregate amount equivalent to: (i) $700,000 for activities under Parts A, C and E of the Project, with the proviso that said expenditures must have been incurred: (A) after January 1, 2005 under Part C of the Project; or (B) after April 11, 2005 under Parts A and E of the Project; and (ii) $900,000 for activities under Part D of the Project, with the proviso that said expenditures must have been incurred after January 1, 2005.
Section 12.01(b3.02. As part of the evidence to be furnished pursuant to Section 3.01 of this Amending Agreement and Section 12.02 (c) of the Fixed-Spread Loan General Conditions, there shall be furnished to the Bank an opinion or opinions satisfactory to the Bank of counsel acceptable to the Bank showing that:
(a) the Borrower has ratified the this Amending Agreement Establishing ATI and has paid to ATI its initial contribution to the capital stock of ATI in the amount of one hundred thousand Dollars ($100,000);
(b) a Participation Agreement, in form and substance acceptable to the Association, has been duly authorized or ratified by, and executed and delivered on behalf of of, the Borrower and ATI, and all conditions precedent to the effectiveness thereof, if any, have been fulfilled or waived; and
(c) ATI shall have opened one Security Trust Account and one Income Account on behalf of the Borrower and provided the Association with one copy of the account-related documentation.
Section 6.02. The following are specified as additional matters, within the meaning of Section 12.02 (b) of the General Conditions, to be included in the opinion or opinions to be furnished to the Association:
(a) that the Agreement Establishing ATI has been duly ratified by the Borrower by all necessary action, and is legally binding upon the Borrower in accordance with its terms;; and
(b) that the execution and delivery of the Project Institutional Cooperation Agreement has been duly authorized or ratified by ATI by all necessary actionby, and is legally binding upon ATI in accordance with its terms;
(c) that the execution executed and delivery of the Participation Agreement has been duly authorized or ratified by delivered on behalf of, the Borrower through MAG and ATI by all necessary action INRENA and is legally binding upon the Borrower through MAG and ATI INRENA in accordance with its terms;
(d) that the Insurance Contracts, when executed and delivered by the respective parties thereto based on the Standard Form of Insurance Contract, will be legally valid and binding upon the respective parties thereto in accordance with their respective terms; and
(e) that the execution and delivery of the Insurance Facility Agreements have been duly authorized or ratified by ATI, the Insurer and the Security Trust Account Trustee, respectively, and are legally valid and binding upon ATI, the Insurer and the Security Trust Account Trustee, respectively, in accordance with their respective terms.
Section 6.033.03. The date ninety (90) days after This Amending Agreement shall come into force and effect on the date upon which the Bank shall dispatch to the Borrower a notice of its acceptance of the evidence required by Sections 3.01 and 3.02 of this Amending Agreement.
Section 3.04. If the conditions set forth in Sections 3.01 and 3.02 of this Agreement is hereby specified have not been met by January 26, 2006, this Amending Agreement and all obligations of the parties hereunder shall terminate, unless the Bank establishes a later date for the purposes of Section 12.04 of the General Conditionsthis Section.
Section 6.04. The obligations of the Borrower under Article III of this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on the date 20 years after the date of this Agreement, whichever shall be the earlier.
Appears in 1 contract
Sources: Loan Agreement
Effective Date; Termination. Section 6.017.01. The following events are specified as additional conditions to the effectiveness of the Development Credit Loan Agreement within the meaning of Section 12.01(b12.01 (c) of the General Conditions:
(a) the Borrower has ratified the Agreement Establishing ATI Project Account shall have been established in form and has paid to ATI its initial contribution substance satisfactory to the capital stock of ATI in the amount of one hundred thousand Dollars ($100,000)Bank;
(b) a Participation Agreement, the organizational arrangements and monitoring system referred to in form Section 4.01 (b) of this Agreement shall have been put into effect and substance acceptable to the Association, has been executed and delivered on behalf of the Borrower shall have appointed the qualified and ATI, and all conditions precedent to experienced officials as provided for in such Section;
(c) the effectiveness thereof, if any, Loan Agreement shall have been fulfilled or waivedduly registered by the Central Bank; and
(cd) ATI shall have opened one Security Trust Account that all necessary acts, consents and one Income Account on behalf approvals to be performed or given by the Guarantor, its agencies or political subdivisions, including the State, by any agency thereof, or otherwise to be performed or given in order to authorize the carrying out of the Project and to enable the Guarantor, the State and the Borrower to perform their obligations pursuant to the Guarantee Agreement, the Shareholder Agreement and provided the Association this Agreement, respectively, together with one copy of the account-related documentationall necessary powers and rights in connection therewith, have been performed or given.
Section 6.027.02. The following are specified as additional matters, within the meaning of Section 12.02 (bc) of the General Conditions, to be included in the opinion or opinions to be furnished to the AssociationBank:
(a) that the Loan Agreement Establishing ATI has been duly ratified registered by the Borrower by all necessary action, and is legally binding upon the Borrower in accordance with its termsCentral Bank;
(b) that the execution and delivery of the Project Shareholder Agreement has been duly authorized or ratified by ATI by all necessary action, and is legally binding upon ATI in accordance with its terms;
(c) that the execution executed and delivery delivered on behalf of the Participation Agreement has been duly authorized or ratified by the Borrower and ATI by all necessary action State and is legally binding upon the Borrower and ATI State in accordance with its terms;
(d) that the Insurance Contracts, when executed and delivered by the respective parties thereto based on the Standard Form of Insurance Contract, will be legally valid and binding upon the respective parties thereto in accordance with their respective terms; and
(ec) that all necessary acts, consents and approvals to be performed or given by the execution and delivery Guarantor, the State, their political subdivisions or agencies, or by any agency thereof or otherwise to be performed or given in order to authorize the carrying out of the Insurance Facility Agreements Project and to enable the Guarantor, the Borrower and the State to perform their respective obligations pursuant to the Guarantee Agreement, this Agreement and to the Shareholder Agreement, together with all necessary powers and rights in connection therewith, have been duly authorized performed or ratified by ATI, the Insurer and the Security Trust Account Trustee, respectively, and are legally valid and binding upon ATI, the Insurer and the Security Trust Account Trustee, respectively, in accordance with their respective termsgiven.
Section 6.037.03. The date ninety (90) days after the date of this Agreement October 27, 1987 is hereby specified for the purposes of Section 12.04 of the General Conditions.
Section 6.04. The obligations of the Borrower under Article III of this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on the date 20 years after the date of this Agreement, whichever shall be the earlier.
Appears in 1 contract
Sources: Loan Agreement
Effective Date; Termination. Section 6.015.01. The following events are specified as additional conditions to the effectiveness of the Development Credit Loan Agreement within the meaning of Section 12.01(b12.01 (c) of the General Conditions:
(a) that the Borrower has ratified adopted the Agreement Establishing ATI Operational Manual in form and has paid to ATI its initial contribution substance satisfactory to the capital stock of ATI in the amount of one hundred thousand Dollars ($100,000)Bank;
(b) a Participation that the PCU Agreement has been executed by the parties thereto;
(c) that all necessary acts, consents and approvals to be performed or given by the Guarantor, the Borrower or any agency thereof, or otherwise to be performed or given in order to authorize the carrying out of the Project and to enable the Guarantor and the Borrower to perform their respective obligations pursuant to the Guarantee Agreement and this Agreement, together with all necessary powers and rights in connection therewith, have been performed or given;
(d) that this Agreement has been duly registered by the Guarantor’s Central Bank; and
(e) that the Borrower has adopted the MIS in form and substance acceptable satisfactory to the Association, has been executed and delivered on behalf of the Borrower and ATI, and all conditions precedent to the effectiveness thereof, if any, have been fulfilled or waived; and
(c) ATI shall have opened one Security Trust Account and one Income Account on behalf of the Borrower and provided the Association with one copy of the account-related documentationBank.
Section 6.025.02. The following are specified as additional matters, within the meaning of Section 12.02 (bc) of the General Conditions, to be included in the opinion or opinions to be furnished to the AssociationBank:
(a) that the this Agreement Establishing ATI has been duly ratified registered by the Borrower by all necessary action, and is legally binding upon the Borrower in accordance with its terms;Guarantor’s Central Bank; and
(b) that all necessary acts, consents and approvals, together with all necessary powers and rights in connection therewith, have been duly and validly performed or given and that no such other acts, consents or approval are required in order to authorize the execution and delivery carrying out of the Project Agreement has been duly authorized or ratified by ATI by all necessary action, and is legally binding upon ATI in accordance with its terms;
(c) that to enable the execution Guarantor and delivery of the Participation Agreement has been duly authorized or ratified by the Borrower and ATI by all necessary action and is legally binding upon the Borrower and ATI in accordance with its terms;
(d) that the Insurance Contracts, when executed and delivered by the respective parties thereto based on the Standard Form of Insurance Contract, will be legally valid and binding upon the respective parties thereto in accordance with to perform their respective terms; and
(e) that covenants, agreements and obligations contained in the execution Guarantee Agreement and delivery of the Insurance Facility Agreements have been duly authorized or ratified by ATI, the Insurer and the Security Trust Account Trusteethis Agreement, respectively, and are legally valid and binding upon ATI, the Insurer and the Security Trust Account Trustee, respectively, in accordance with their respective terms.
Section 6.035.03. The date ninety (90) days after the date of this Agreement October 16, 1995 is hereby specified for the purposes of Section 12.04 of the General Conditions.
Section 6.04. The obligations of the Borrower under Article III of this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on the date 20 years after the date of this Agreement, whichever shall be the earlier.
Appears in 1 contract
Sources: Loan Agreement
Effective Date; Termination. Section 6.01. The following events are specified as additional conditions to the effectiveness of the Development Credit Agreement within the meaning of Section 12.01(b12.01 (b) of the General Conditions:
(a) the Subsidiary Financing Agreement has been executed on behalf of the Borrower has ratified the Agreement Establishing ATI and has paid to ATI its initial contribution to the capital stock of ATI in the amount of one hundred thousand Dollars ($100,000)SIPF;
(b) a Participation the Association has been notified that all conditions precedent to the initial disbursement of the CFD and EIB Loan Agreements, respectively, have been fulfilled, other than those related to the effectiveness of this Agreement;
(c) the SITARAIL Implementation Agreement has been executed on behalf of SIPF and SITARAIL;
(d) the Implementation Manual, in form and substance acceptable satisfactory to the Association, has been executed adopted by SIPF and delivered on behalf SITARAIL;
(e) SIPF has selected an independent auditor, with qualifications, experience and terms of reference, satisfactory to the Asssociation, for the purposes of carrying out the audits required under Section 4.01 of the Borrower and ATI, and all conditions precedent to the effectiveness thereof, if any, have been fulfilled or waivedProject Agreement; and
(cf) ATI shall have opened one Security Trust Account and one Income Account on behalf of the Borrower and provided Borrowerþs Decree approving the Association with one copy of State-SIPF Agreement has been published in the account-related documentationJournal Officiel.
Section 6.02. The following are specified as additional matters, within the meaning of Section 12.02 (b) of the General Conditions, to be included in the opinion or opinions to be furnished to the Association:
(a) that the Project Agreement Establishing ATI has been duly authorized or ratified by the Borrower by all necessary action, SIPF and is legally binding upon the Borrower SIPF in accordance with its terms;
(b) that the execution and delivery of the Project Agreement has been duly authorized or ratified by ATI by all necessary action, and is legally binding upon ATI in accordance with its terms;
(c) that the execution and delivery of the Participation Subsidiary Financing Agreement has been duly authorized or ratified by the Borrower and ATI by all necessary action SIPF and is legally binding upon the Borrower and ATI SIPF in accordance with its terms;
(d) that the Insurance Contracts, when executed and delivered by the respective parties thereto based on the Standard Form of Insurance Contract, will be legally valid and binding upon the respective parties thereto in accordance with their respective terms; and
(ec) that the execution and delivery of the Insurance Facility Agreements have SITARAIL Implementation Agreement has been duly authorized or and ratified by ATI, the Insurer SIPF and the Security Trust Account Trustee, respectively, SITARAIL and are is legally valid and binding upon ATI, the Insurer SIPF and the Security Trust Account Trustee, respectively, SITARAIL in accordance with their respective its terms.
Section 6.03. The date ninety (90) days after the date of this Agreement is hereby specified for the purposes of Section 12.04 of the General Conditions.
Section 6.04. The obligations of the Borrower under Article III of this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on the date 20 years after the date of this Agreement, whichever shall be the earlier.
Appears in 1 contract
Sources: Development Credit Agreement
Effective Date; Termination. Section 6.01. The following events are specified as additional conditions to the effectiveness of the Development Credit this Agreement within the meaning of Section 12.01(b12.O1 (b) of the General Conditions, namely:
(a) that the Borrower has ratified the COMIBOL Subsidiary Loan Agreement Establishing ATI and has paid to ATI its initial contribution to the capital stock of ATI in the amount of one hundred thousand Dollars ($100,000);
(b) a Participation Agreement, in form and substance acceptable to the Association, has been executed and delivered on behalf of the Borrower and ATI, of COMIBOL;
(b) that the Central Bank Subsidiary Loan Agreement has been executed on behalf of the Borrower and of the Central Bank;
(c) that COMIBOL has complied with Section 2.12 (a) of the COMIBOL Project Agreement;
(d) that the Borrower has complied with its obligation under Section 3.06 (a) of this Agreement; and
(e) that all conditions precedent to the effectiveness thereofof the cofinancing agreements with the Government of Sweden, if anyor the right to make withdrawals thereunder, except only the effectiveness of this Agreement, shall have been fulfilled or waived; and
(c) ATI shall have opened one Security Trust Account fulfilled, and one Income Account on behalf that the Association has received from IDB assurances, satisfactory to the Association, that IDB intends to confinance part of the Borrower and provided the Association with one copy of the account-related documentationProject.
Section 6.02. The following are specified as additional matters, within the meaning of Section 12.02 12.O2 (b) of the General Conditions, to be included in the opinion or opinions to be furnished to the Association:
(a) that the Agreement Establishing ATI has been duly ratified by the Borrower by all necessary action, and is legally binding upon the Borrower in accordance with its terms;
(b) that the execution and delivery of the COMIBOL Project Agreement has been duly authorized or ratified by ATI by all necessary actionby, and is legally binding upon ATI upon, COMIBOL in accordance with its termsterms and conditions;
(b) that the Central Bank Project Agreement has been duly authorized or ratified by, and is legally binding upon, the Central Bank in accordance with its terms and conditions;
(c) that the execution and delivery of the Participation COMIBOL Subsidiary Loan Agreement has been duly authorized or ratified by the Borrower and ATI by all necessary action by, and is legally binding upon upon, the Borrower and ATI COMIBOL in accordance with its terms;terms and conditions; and
(d) that the Insurance Contracts, when executed and delivered by the respective parties thereto based on the Standard Form of Insurance Contract, will be legally valid and binding upon the respective parties thereto in accordance with their respective terms; and
(e) that the execution and delivery of the Insurance Facility Agreements have Central Bank Subsidiary Loan Agreement has been duly authorized or ratified by ATIby, and is legally binding upon, the Insurer Borrower and the Security Trust Account Trustee, respectively, and are legally valid and binding upon ATI, the Insurer and the Security Trust Account Trustee, respectively, Central Bank in accordance with their respective termsits terms and conditions.
Section 6.03. The date ninety (90) days after the date of this Agreement November 7, 1989 is hereby specified for the purposes of Section 12.04 of the General Conditions.
Section 6.04. The obligations of the Borrower under Article III Articles III, IV and V of this Agreement shall cease and determine on the date on which the Development Credit this Agreement shall terminate or on the date 20 twenty (20) years after the date of this Agreement, whichever shall be the earlier.
Appears in 1 contract
Sources: Development Credit Agreement