Loan Regulations; Definitions. Section 1.01. All provisions of the Special Operations Loan Regulations of ADB, dated 1 January 2006 (“Loan Regulations”), are hereby made applicable to this Loan Agreement with the same force and effect as if they were fully set forth herein.
Section 1.02. Wherever used in this Loan Agreement, the several terms defined in the Loan Regulations have the respective meanings therein set forth unless modified herein or the context otherwise requires. Additional terms used in this Loan Agreement have the following meanings:
Loan Regulations; Definitions. Section 1.01. All the provisions of the Ordinary Operations Loan Regulations Applicable to LIBOR-Based Loans Made from ADB's Ordinary Capital Resources, dated 1 July 2001 (“Loan Regulations”), are hereby made applicable to this Loan Agreement with the same force and effect as if they were fully set forth herein, subject, however, to the following modifications:
(a) Section 3.03 is deleted and the following is substituted therefor:
Loan Regulations; Definitions. Section 1.01. All the provisions of the Ordinary Operations Loan Regulations Applicable to LIBOR-Based Loans Made from ADB's Ordinary Capital Resources, dated 1 July 2001, are hereby made applicable to this Loan Agreement with the same force and effect as if they were fully set forth herein, (said Ordinary Operations Loan Regulations being hereinafter called the Loan Regulations).
Section 1.02. Wherever used in this Loan Agreement, unless the context otherwise requires, the several terms defined in the Loan Regulations have the respective meanings therein set forth, and the following additional terms have the following meanings:
Loan Regulations; Definitions. Section 1.01. All the provisions of ADB’s Ordinary Operations Loan Regulations, dated 1 January 2017 (“Loan Regulations”), are hereby made applicable to this Loan Agreement with the same force and effect as if they were fully set forth herein, subject, however, to the following modifications:
(a) Section 2.01(tt) is deleted and the following is substituted therefor:
Loan Regulations; Definitions. Section 1.01. All the provisions of the Ordinary Operations Loan Regulations Applicable to LIBOR-Based Loans Made from ADB's Ordinary Capital Resources, dated 1 July 2001, are hereby made applicable to this Loan Agreement with the same force and effect as if they were fully set forth herein, subject, however, to the following modifications thereof (said Ordinary Operations Loan Regulations as so modified being hereinafter called the Loan Regulations):
(a) Section 3.03 is deleted and the following is substituted therefor:
(aa) The Borrower shall pay a commitment charge on the unwithdrawn amount of the Loan at the rate and on the terms specified in the Loan Agreement.
(bb) ADB shall provide to the Borrower a credit at the rate specified in the Loan Agreement, which credit shall remain fixed for the term of the Loan. ADB shall apply the amount of the credit against the interest payable by the Borrower.
(b) Section 3.06 is deleted and the following is substituted therefor: (aa) Following any announcement by ADB that the Fixed Spread applicable to new Loans shall be reduced, ADB shall provide a Rebate to any Borrower with an outstanding Loan on which a higher Fixed Spread is applicable. The amount of the Rebate shall be determined by multiplying (i) the difference between the Fixed Spread applicable to the outstanding Loan and the Fixed Spread that will be applied to new Loans (expressed as a percentage per annum), by (ii) the principal amount of the outstanding Loan on which the Borrower shall pay interest for all interest periods commencing on and after the effective date of the lower Fixed Spread that will be applied to new Loans.
(bb) Following any announcement by ADB that its Funding Cost Margin calculations with respect to any Loan Currency (or Approved Currency) in any Semester resulted in ADB achieving savings, ADB shall provide a Rebate to the Borrower. The amount of the Rebate shall be determined by multiplying (i) the Funding Cost Margin (expressed as a percentage per annum) by (ii) the principal amount of the Loan on which the Borrower shall pay interest for the Interest Period commencing immediately after the Semester for which the Funding Cost Margin was calculated. ADB shall apply the amount of the Rebate against the interest payable by the Borrower for the Interest Period commencing immediately after the Semester for which the Funding Cost Margin was calculated.
Loan Regulations; Definitions. Section 1.01. All the provisions of the Special Operations Loan Regulations of the Bank, dated 7 December 1982, are hereby made applicable to this Loan Agreement with the same force and effect as if they were fully set forth herein, subject, however, to the following modifications thereof (said Special Operations Loan Regulations as so modified being hereinafter called the Loan Regulations):
(a) Section 2.01(17) is deleted and the following is substituted therefor:
Loan Regulations; Definitions. Section 1.01. All the provisions of the Ordinary Operations Loan Regulations Applicable to LIBOR-Based Loans Made from ADB's Ordinary Capital Resources, dated 1 July 2001, are hereby made applicable to this Loan Agreement with the same force and effect as if they were fully set forth herein, subject however, to the following modifications thereof (said Ordinary Operations Loan Regulations as so modified – the Loan Regulations):
(a) Section 2.01(22) is deleted;
(b) The term "Fixed Spread" in Section 2.01(23) is deleted wherever it appears in this subsection and "2.0%" is substituted therefore:
(c) Section 2.01(49) is deleted and the following is substituted therefor:
Loan Regulations; Definitions. Section 1.01. All the provisions of the Ordinary Operations Loan Regulations Applicable to LIBOR-Based Loans Made from ADB’s Ordinary Capital Resources, dated 1 July 2001 ("Loan Regulations"), are hereby made applicable to this Loan Agreement with the same force and effect as if they were fully set forth herein, subject, however, to the following modifications:
(a) Section 2.01(50) is deleted and the following is substituted therefor: "Project Agreement" means the Project Agreement of even date herewith between ADB and TMG."
(b) The term "Project Executing Agency" appearing in Section 7.04(b), 9.01(d), 9.01(f), 9.01(k), 10.01(c), and 10.02(c) of the Loan Regulations shall be substituted by the term TMG through HEAAC.
(c) Section 3.03 is deleted and the following is substituted therefor:
Loan Regulations; Definitions. 1.01. The provisions of the Special Operations Loan Regulations Applicable to Loans Made by ADB from Its Special Funds Resources, dated 1 January 2006 (“Loan Regulations”) apply to each PDA Loan Agreement with the same force and effect as if they were fully set forth therein, subject, however, to the following modifications:
(a) The term “Loan”, wherever it appears in the Loan Regulations as a defined term or as part of a defined term, shall be substituted by the term “PDA Loan”.
Loan Regulations; Definitions. Section 1.01. All provisions of the standard terms (“Standard Terms”) attached in Schedule 1 to this Loan Agreement shall apply to this Loan Agreement.
Section 1.02. Wherever used in this Loan Agreement, the several terms defined in the Standard Terms and Section 1.02 of the Special Operations Loan Agreement have the respective meanings therein set forth unless modified herein or the context otherwise requires.
