<СОГЛАШЕНИЕ МЕЖДУ РОССИЙСКОЙ ФЕДЕРАЦИЕЙ И МЕЖДУНАРОДНЫМ БАНКОМ РЕКОНСТРУКЦИИ И РАЗВИТИЯ О ЗАЙМЕ ДЛЯ ФИНАНСИРОВАНИЯ ПРОЕКТА ПЕРЕДАЧИ ВЕДОМСТВЕННОГО ЖИЛИЩНОГО ФОНДА> (loan number 4012 ru) [англ.](Заключено в г. Вашингтоне 29.07.1996)


Loan Number 4012 RU
LOAN AGREEMENT
(ENTERPRISE HOUSING DIVESTITURE PROJECT)
BETWEEN RUSSIAN FEDERATION AND INTERNATIONAL BANK
FOR RECONSTRUCTION AND DEVELOPMENT
(Washington, 29.VII.1996)
Agreement, dated July 29, 1996, between Russian Federation (the Borrower) and International Bank for Reconstruction and Development (the Bank).
Whereas (A) 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;
(B) the Project will be carried out with the participation of the Participating Cities (as hereinafter defined) with the Borrower"s assistance and, as part of such assistance, the Borrower will make available to the Participating Cities part of the proceeds of the Loan as provided in this Agreement; and
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 and in the Project Agreement of even date herewith between the Bank and the Project Center for Enterprise Housing Divestiture (CPIU);
now therefore the parties hereto hereby agree as follows:
Article I
General Conditions; Definitions
Section 1.01. The "General Conditions Applicable to Single Currency 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) "Project Agreement" means the agreement between the Bank and the CPIU of even date herewith, as the same may be amended from time to time, and such term includes all schedules and agreements supplemental to the Project Agreement;
(b) "Participating Cities" means the Cities of Ryazan, Vladimir, Petrozavodsk, Volkhov, Cherepovets, Orenburg;
(c) "Participating City Subsidiary Loan Agreements" means the agreements to be entered into among the Borrower, the Participating Cities, and the Governments of the Oblast or Republic in which the Participating Cities are located pursuant to Section 3.01(b) of this Agreement, as the same may be amended from time to time, and such term includes all schedules to the said Agreements;
(d) "Participating City Subsidiary Loans" mean the loans to be provided out of the proceeds of the Loan to the Participating Cities under the Participating Cities Subsidiary Loan Agreements;
(e) "CPIU" means a foundation or other independent organization created by the Borrower for the purposes of this Agreement;
(f) "LIG" or "LIGs" mean the local implementation group or groups established by the Participating Cities pursuant to the provisions of sub-point (iii) of Section 3 of Schedule 1 to this Agreement;
(g) "Special Account" means the account referred to in Section 2.02(b) of this Agreement; and
(h) "Project Preparation Advance" means the project preparation advance granted by the Bank to the Borrower pursuant to an exchange of letters dated July 31, 1995 and August 21, 1995 between the Borrower and the Bank.
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 three hundred million Dollars (USD 300,000,000).
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 5 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 cancelled.
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 percent (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
single currency 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.
(iii) "LIBOR Total Spread" means, for each Interest
Period:
Нумерация пунктов дана в соответствии с официальным текстом
документа. (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 May 15 and November 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, without any limitation or restriction upon any of its other obligations under the Loan Agreement, shall carry out the Project with the participation of the Participating Cities. To that end, the Borrower shall act through the CPIU, shall cause the CPIU to perform in accordance with the provisions of the Project Agreement all the obligations of the CPIU therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the CPIU to perform such obligations and the Participating Cities to carry out their obligations in respect of the Project, and shall not take or permit to be taken any action which would prevent or interfere with such performance.
(b) The Borrower shall: (i) make available to the CPIU the proceeds of the Loan allocated from time to time to Categories 1 (b) and 4 of the table set forth in paragraph 1 of Schedule 1 to this Agreement; and (ii) relend the proceeds of the Loan allocated from time to time to each of the sub-Categories of Category 2 of such table to the respective Participating City and the pro-rated portion allocated to Categories 1 (a), 3, one-half of 5 and 6 of such table under subsidiary loan agreements (the Participating City Subsidiary Loan Agreement) to be entered into among the Borrower, each of the Participating Cities, and the Government of the Oblast or Republic in which the Participating Cities are located, providing for Participating City Subsidiary Loans, under terms and conditions acceptable to the Bank which shall include:
(i) the principal amount of each Participating City Loan
will be denominated in Dollars and be the equivalent amount
withdrawn from the Loan Account, or the payment out of the
Special Account, and the Participating Cities shall carry the
foreign exchange risk;
(ii) each Participating City shall pay:
(1) interest on the principal amount of the
Participating City Subsidiary Loan withdrawn and
outstanding from time to time, at a variable interest rate
equal to the rate applicable pursuant to the provisions
of Section 2.05 of this Agreement plus a mark-up of up to
250 basis points; and
(2) a commitment charge on the amount relent to the
respective Participating City Subsidiary Loan not
withdrawn from time to time at the same rate as applicable
under the provisions of Section 2.04 of this Agreement;
(iii) the Participating City Subsidiary Loan shall have a
grace period of six years and a final maturity of 14 to 15
years; and
(iv) the implementation responsibilities of the respective
Participating City in respect of Parts A.4, В and С of the
Project.
(e) The Borrower shall exercise its rights under each Participating City Subsidiary Loan Agreement 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 any Participating City Subsidiary Loan Agreement 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 Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 9.09 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) shall be carried out by the CPIU or the respective Participating City.
Article IV
Financial Covenants
Section 4.01. (a) For all expenditures with respect to which withdrawals from the Loan Account were made on the basis of statements of expenditure, the Borrower shall:
(i) maintain or cause to be maintained in accordance with
sound accounting practices, records and accounts reflecting
such expenditures;
(ii) ensure that all records (contracts, orders, invoices,
bills, receipts and other documents) evidencing such
expenditures are retained until at least one year after the
Bank has received the audit report for the fiscal year in
which the last withdrawal from the Loan Account was made; and
(iii) enable the Bank"s representatives to examine such
records.
(b) The Borrower shall:
(i) have the records and accounts referred to in paragraph
(a) (i) of this Section and those for the Special Account for
each fiscal year audited, in accordance with appropriate
auditing principles consistently applied, by independent
auditors acceptable to the Bank;
(ii) furnish to the Bank as soon as available, but in any
case not later than six months after the end of each such year
the report of such audit by said auditors, of such scope and
in such detail as the Bank shall have reasonably requested,
including a separate opinion by said auditors as to whether
the statements of expenditure submitted during such fiscal
year, together with the procedures and internal controls
involved in their preparation, can be relied upon to support
the related withdrawals; and
(iii) furnish to the Bank such other information
concerning said records and accounts and the audit thereof as
the Bank shall

"СОГЛАШЕНИЕ МЕЖДУ ПРАВИТЕЛЬСТВОМ РОССИЙСКОЙ ФЕДЕРАЦИИ И ПРАВИТЕЛЬСТВОМ ИТАЛЬЯНСКОЙ РЕСПУБЛИКИ О СОТРУДНИЧЕСТВЕ И ВЗАИМНОЙ ПОМОЩИ В ОБЛАСТИ ВАЛЮТНОГО КОНТРОЛЯ, КОНТРОЛЯ ЗА ЭКСПОРТНО-ИМПОРТНЫМИ ОПЕРАЦИЯМИ И В СФЕРЕ БОРЬБЫ С ЛЕГАЛИЗАЦИЕЙ("ОТМЫВАНИЕМ") ДЕНЕЖНЫХ СРЕДСТВ ИЛИ ИНОГО ИМУЩЕСТВА, ПРИОБРЕТЕННЫХ НЕЗАКОННЫМ ПУТЕМ"(Заключено в г. Риме 29.07.1996)  »
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