Binding obligations. (a) The obligations expressed to be assumed by it in each Finance Document are, subject to, in relation to the incurrence of indebtedness and the assumption of payment obligations by the Borrower under this Agreement, the publication of the Official Gazette of Serbia in which the law on approving of this Agreement by the Parliament of Serbia has been published and any general principles of law limiting its obligations which are specifically referred to in any legal opinion delivered pursuant to Clause 4 (Conditions of Utilisation), legal, valid, binding and enforceable obligations.
(b) This Agreement is in proper form for its enforcement in Serbia, except that for purposes of enforcement of any arbitral award before the courts in Serbia, a translation of this Agreement and related documents to Serbian may be required.
Binding obligations. The obligations expressed to be assumed by it in this Guarantee Agreement are legal and valid obligations, binding on it in accordance with the terms of this Guarantee Agreement. The choice of Luxembourg law as the governing law of this Guarantee will be recognised and enforced in the Republic of Serbia and any judgement obtained in Luxembourg in relation to this Guarantee will be recognised and enforced in the Republic of Serbia. All acts, conditions and things required to be done, fulfilled and performed in order: to enable it lawfully to enter into, exercise its rights under and perform and comply with the obligations expressed to be assumed by it in this Guarantee Agreement; to ensure that the obligations expressed to be assumed by it in this Guarantee Agreement are legal, valid and binding; and to make this Guarantee Agreement admissible in evidence in the Republic of Serbia have been done, fulfilled and performed. The execution and delivery of, the performance of its obligations under and compliance with the provisions of this Guarantee Agreement do not and will not contravene or conflict with: any applicable law, statute, rule or regulation, or any judgement, decree or permit to which it is subject (including any state aid related procedure or approval); and any agreement or other instrument binding upon it which might reasonably be expected to have a material adverse effect on its ability to perform its obligations under this Guarantee Agreement. Under the laws of the Republic of Serbia, the claims of the Bank against it under this Guarantee Agreement will rank at least pari passu in right of payment with all other present and future unsecured and unsubordinated obligations under any of its debt instruments except for obligations mandatorily preferred by law. Under the laws of the Republic of Serbia, it is not necessary that this Guarantee Agreement be filed, recorded or enrolled with any court or other authority in such jurisdiction or that any stamp, registration or similar tax be paid on or in relation to this Guarantee Agreement or the transactions contemplated by this Guarantee Agreement. No litigation, arbitration, administrative proceedings or investigation is current or to the best of its knowledge is threatened or pending before any court, arbitral body or agency which has resulted or if adversely determined is reasonably likely to impact on performance of its obligations under this Guarantee Agreement, nor is there subsisting against it a...