<СОГЛАШЕНИЕ МЕЖДУ РОССИЙСКОЙ ФЕДЕРАЦИЕЙ И МЕЖДУНАРОДНЫМ БАНКОМ РЕКОНСТРУКЦИИ И РАЗВИТИЯ (МБРР) О ЗАЙМЕ ДЛЯ ФИНАНСИРОВАНИЯ ПРОЕКТА ПОДДЕРЖКИ РЕГИОНАЛЬНОЙ СОЦИАЛЬНОЙ ИНФРАСТРУКТУРЫ В РАЗМЕРЕ 200 МЛН. ДОЛЛАРОВ США> (loan number 4009 ru) [англ.](Вместе со <СНЯТИЕМ СО СЧЕТА СРЕДСТВ ЗАЙМА>, <ОПИСАНИЕМ ПРОЕКТА>, <АМОРТИЗАЦИОННЫМ ПРИЛОЖЕНИЕМ>, <ЗАКУПКАМИ И УСЛУГАМИ КОНСУЛЬТАНТОВ>, <ОСУЩЕСТВЛЕНИЕМ ПРОГРАММЫ>, <СПЕЦИАЛЬНЫМ СЧЕТОМ>, <СРОКАМИ И УСЛОВИЯМИ ПОСЛЕДУЮЩЕГО КРЕДИТОВАНИЯ>)(Заключено в г. Вашингтоне 27.08.1996)


Loan Number 4009 RU
LOAN AGREEMENT
(COMMUNITY SOCIAL INFRASTRUCTURE PROJECT)
BETWEEN RUSSIAN FEDERATION AND INTERNATIONAL BANK
FOR RECONSTRUCTION AND DEVELOPMENT
(Washington, 27.VIII.1996)
Agreement, dated August 27, 1996, between the Russian Federation (the Borrower) and International Bank for Reconstruction and Development (the Bank).
Whereas the Borrower, having satisfied itself as to the feasibility and priority of the Project described in Schedule 2 to this Agreement, has requested the Bank to assist in the financing of the Project;
Whereas the Bank has agreed, on the basis, inter alia, of the foregoing, to extend the Loan to the Borrower upon the terms and conditions set forth in this Agreement.
How therefore the parties hereto hereby agree as follows:
Article I
General Conditions; Definitions
Section 1.01. The "General Conditions Applicable to Loan and Guarantee Agreements for Single Currency Loans" of the Bank, dated May 30, 1995, (the General Conditions) constitute an integral part of this Agreement.
Section 1.02. Unless the context otherwise requires, the several terms defined in the General Conditions and in the Preamble to this Agreement have the respective meanings therein set forth and the following additional terms have the following meanings:
(a) "Advisory Board" means the board referred to in paragraph 1 (b) of Part I D of Schedule 7 to this Agreement;
(b) "CPIU" means the Central Project Implementation Unit to be established by the Borrower in Moscow pursuant to Section 6.01 (b) of this Agreement;
(c) "MINNAT" means the Ministry of Nationalities and Federal Affairs of the Borrower, and includes any successor or successors thereto;
(d) "Novosibirsk Region" means Novosibirsk Region, a subject of the Russian Federation, and includes any successor or successors thereto;
(e) "Novosibirsk Subsidiary Loan Agreement" means the agreement to be entered into between the Borrower and Novosibirsk Region referred to in Section 3.01 (c) of this Agreement, as the same may be amended from time to time, and such term includes all schedules and agreements supplemental to the Novosibirsk Subsidiary Loan Agreement;
(f) "Project Account" means each of the accounts referred to in paragraph 1 (c) of Part I D of Schedule 7 to this Agreement;
(g) "Project Bureau" means each of the Project bureaus to be established in each of Rostov Region and Novosibirsk Region referred to in paragraph 1 (a) of Part I D of Schedule 7 to this Agreement;
(h) "Project Manual" means the project manual to be submitted to the Bank by the Borrower and referred to in paragraph 3 of Schedule 5 to this Agreement establishing criteria for the selection, appraisal and implementation of Sub-projects;
(i) "Project Preparation Advance" means the project preparation advance granted by the Bank to the Borrower pursuant to an exchange of letters dated November 20, 1995 and April 5, 1996 between the Borrower and the Bank;
(j) "Project Sector" means each of the:
(i) education;
(ii) health and
(iii) water supply and sanitation sectors to be financed
under the Project;
(k) "Region" means each of Novosibirsk Region and Rostov Region (as hereinafter defined);
(l) "Rostov Region" means Rostov Region, a subject of the Russian Federation, and includes any successor or successors thereto;
(m) "Rostov Subsidiary Loan Agreement" means the agreement to be entered into between the Borrower and Rostov Region referred to in Section 3.01 (c) of this Agreement, as the same may be amended from time to time , and such term includes all schedules and agreements supplemental to the Rostov Subsidiary Loan Agreement;
(n) "Special Account" means the account referred to in Section 2.02 (b) of this Agreement;
(o) "Sub-borrower" means a sub-region, municipality, vodokanal (as hereinafter defined) or other entity to which Rostov Region or Novosibirsk Region proposes to make or has made a Sub-loan;
(p) "Sub-loan" means a loan made or proposed to be made by a Region to a Sub-borrower for a Sub-project (as hereinafter defined) on the terms and conditions set out in Part II of Schedule 7 to this Agreement out of the equivalent of the proceeds of the Loan relent to the Region under a Subsidiary Loan Agreement (as hereinafter defined);
(q) "Sub-project" means a specific project in any Project Sector under Part A or Part B of the Project to be carried out by a Sub-borrower utilizing the proceeds of a Sub-loan in accordance with the procedures and criteria referred to in Part II of Schedule 7 to this Agreement;
(r) "Subsidiary Loan Agreements" means the Rostov Subsidiary Loan Agreement and the Novosibirsk Subsidiary Loan Agreement and the term "Subsidiary Loan" means each loan provided thereunder; and
(s) "Vodokanal" means a public corporation responsible for water supply and sanitation utilities in Rostov Region or Novosibirsk Region.
Article II
The Loan
Section 2.01. The Bank agrees to lend to the Borrower, on the terms and conditions set forth or referred to in the Loan Agreement, an amount equal to two hundred million dollars (200,000,000 USD).
Section 2.02. (a) The amount of the Loan may be withdrawn from the Loan Account in accordance with the provisions of Schedule 1 to this Agreement for expenditures made (or, if the Bank shall so agree, to be made) in respect of the reasonable cost of goods and services required for the Project described in Schedule 2 to this Agreement and to be financed out of the proceeds of the Loan.
(b) The Borrower may, for the purposes of the Project, open and maintain in Dollars a special deposit account in a commercial bank on terms and conditions satisfactory to the Bank, including appropriate protection against set-off, seizure or attachment. Deposits into, and payments out of, the Special Account shall be made in accordance with the provisions of Schedule 6 to this Agreement.
(c) Promptly after the Effective Date, the Bank shall, on behalf of the Borrower, withdraw from the Loan Account and pay to itself the amount required to repay the principal amount of the Project Preparation Advance withdrawn and outstanding as of such date and to pay all unpaid charges thereon. The unwithdrawn balance of the authorized amount of the Project Preparation Advance shall thereupon be canceled.
Section 2.03. The Closing Date shall be December 31, 2002 or such later date as the Bank shall establish. The Bank shall promptly notify the Borrower of such later date.
Section 2.04. The Borrower shall pay to the Bank a commitment charge at the rate of three-fourths of one per cent (3/4 of 1%) per annum on the principal amount of the Loan not withdrawn from time to time.
Section 2.05. (a) The Borrower shall pay interest on the principal amount of the Loan withdrawn and outstanding from time to time, at a rate for each Interest Period equal to LIBOR Base Rate plus LIBOR Total Spread.
(b) For the purposes of this Section:
(i) "Interest Period" means the initial period from and
including the date of this Agreement to, but excluding, the
first Interest Payment Date occurring thereafter, and after
the initial period, each period from and including an Interest
Payment Date to, but excluding the next following Interest
Payment Date.
(ii) "Interest Payment Date" means any date specified in
Section 2.06 of this Agreement.
(iii) "LIBOR Base Rate" means, for each Interest Period,
the London interbank offered rate for six-month deposits in
dollars for value the first day of such Interest Period (or,
in the case of the initial Interest Period, for value the
Interest Payment Date occurring on or next preceding the first
day of such Interest Period), as reasonably determined by the
Bank and expressed as a percentage per annum.
(iv) "LIBOR Total Spread" means, for each Interest Period:
(A) one half of one percent (1/2 of 1%);
(B) minus (or plus) the weighted average margin, for
such Interest Period, below (or above) the London
interbank offered rates, or other reference rates, for
six-month deposits, in respect of the Bank"s outstanding
borrowings or portions thereof allocated by the Bank to
fund single currency loans or portions thereof made by it
that include the Loan; as reasonably determined by the
Bank and expressed as a percentage per annum.
(c) The Bank shall notify the Borrower of LIBOR Base Rate and LIBOR Total Spread for each Interest Period, promptly upon the determination thereof.
(d) Whenever, in light of changes in market practice affecting the determination of the interest rates referred to in this Section 2.05, the Bank determines that it is in the interest of its borrowers as a whole and of the Bank to apply a basis for determining the interest rates applicable to the Loan other than as provided in said Section, the Bank may modify the basis for determining the interest rates applicable to amounts of the Loan not yet withdrawn upon not less than six (6) months" notice to the Borrower of the new basis. The basis shall become effective on the expiry of the notice period unless the Borrower notifies the Bank during said period of its objection thereto, in which case said modification shall not apply to the Loan.
Section 2.06. Interest and other charges shall be payable April 15 and October 15 in each year.
Section 2.07. The Borrower shall repay the principal amount of the Loan in accordance with the amortization schedule set forth in Schedule 3 to this Agreement.
Article III
Execution of the Project
Section 3.01. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end:
(i) shall carry out Part C of the Project, and
(ii) shall cause each of Rostov Region and Novosibirsk
Region to carry out Parts A and B, respectively, of the
Project with due diligence and in conformity with appropriate
administrative and financial practices and shall provide,
promptly as needed, the funds, facilities, services and other
resources required for such Parts of the Project.
(b) Without limitation to the provisions of paragraph (a) of this Section, and except as the Bank shall otherwise agree, the Borrower shall carry out Part C of the Project and cause each of Rostov Region and Novosibirsk Region to carry out Parts A and B, respectively, of the Project in accordance with the Project Implementation Schedule referred to in paragraph 2 of Part I B of Schedule 7 to this Agreement.
(c) The Borrower shall relend out of the proceeds of the Loan:
(i) the amounts allocated from time to time under
Categories 1 (a) and (c), 2 (a) and (c), 3 (a), 4 (a), 5 (a)
and 6 (a) to Rostov Region; and
(ii) the amounts allocated from time to time under
Categories 1 (b) and (d), 2 (b) and (d), 3 (b), 4 (b), 5 (b)
and 6 (b) to Novosibirsk Region under Subsidiary Loan
Agreements to be entered into between the Borrower and each of
Rostov Region and Novosibirsk Region under terms and
conditions satisfactory to the Bank, including, without
limitation, the terms and conditions specified in Part I of
Schedule 7 to this Agreement.
(d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Bank and to accomplish the purposes of the Loan, and, except as the Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof.
Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants" services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 4 to this Agreement.
Section 3.03. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on a continuous basis, in accordance with indicators satisfactory to the Bank, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Bank, and furnish to the Bank on or about June 1, 1998, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Bank by September 1, 1998, or such later date as the Bank shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Bank"s views on the matter.
Section 3.04. For the purposes of Section 9.07 of the General Conditions, and without limitation thereto, the Borrower shall:
(a) prepare, on the basis of guidelines acceptable to the Bank, and furnish to the Bank not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Bank a plan for the future operation of the Project; and
(b) afford the Bank a reasonable opportunity to exchange views with the Borrower on said plan.
Article IV
Financial and Other Covenants
Section 4.01. (a) The Borrower shall maintain or cause to be maintained records and accounts adequate to reflect in accordance with sound accounting practices the operations, resources and expenditures in respect of the Project of the departments or agencies of the Borrower responsible for carrying out the Project or any part thereof.
(b) The Borrower shall:
(i) have the records

ПОСТАНОВЛЕНИЕ Европейского суда по правам человека от 15.12.2005<ДЕЛО ВАНЬЯН (vanyan) ПРОТИВ РОССИИ> [англ.]  »
Международное законодательство »
Читайте также