<СОГЛАШЕНИЕ МЕЖДУ РОССИЙСКОЙ ФЕДЕРАЦИЕЙ И ЕВРОПЕЙСКИМ БАНКОМ РЕКОНСТРУКЦИИ И РАЗВИТИЯ О ПОПРАВКАХ К СОГЛАШЕНИЮ О ЗАЙМЕ НА ЦЕЛИ ЛИКВИДАЦИИ ПОСЛЕДСТВИЙ АВАРИИ НА НЕФТЕПРОВОДЕ ХАРЬЯГА - УСИНСК В РЕСПУБЛИКЕ КОМИ ОТ 5 МАЯ 1995 ГОДА> [англ.](Вместе со <СПИСКОМ З - СПЕЦИАЛЬНЫЙ СЧЕТ>)(Заключено 09.04.1996)
EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT
Office of the General
Counsel
(c ru kap 0046)
Mr V.G. PANSKOV
Minister of
Finance
Ministry of Finance of Russian Federation
10 30 97
Moscow
ul. Ilyinka 9
Russian Federation
c.c. Mr Y.K.
SHAFRANIK
Minister of Fuel and Energy
Ministry of Fuel and Energy
of the Russian Federation
Moscow
7, Kitaiskiy proezd
Russian Federation
9 April 1996
Dear Minister,
Re: Komi
Emergency Oil Spill Recovery Project
Operation No. 312
Amendment to the Loan Agreement
Please refer to the Loan Agreement (the
"Loan Agreement") dated 5 May 1995 between yourself (the "Borrower") and the
European Bank for Reconstruction and Development (the "Bank"). Expression
defined in the Loan Agreement bear the same meanings herein.
Pursuant to
Section 10.03 of the Standard Terms and Conditions, we hereby agree to amend the
Loan Agreement as follows:
1. Section 2.03 of the Loan Agreement called
"Drawdowns" is amended by inserting "and Special Account" to read as
follows:
"Section 2.03 Drawdown and Special Account".
2. Section
2.03 of the Loan Agreement is hereby amended by inserting a new subparagraph (d)
to read as follows:
"(d) The Borrower shall for the purposes of the
Project open and maintain a special deposit account (the "Special Account"),
denominated in Dollars, in a commercial bank acceptable to the Bank on terms
and conditions satisfactory to the Bank, including appropriate protection
against set-off, seizure, or attachment. Where the Borrower wishes to make
drawdowns for deposit into, and direct payments out of, the Special Account
(instead of drawdowns pursuant to paragraph (a) above, such drawdowns shall be
made in accordance with the provisions of Schedule 3 to this Loan
Agreement."
3. A new schedule 3 to the Loan Agreement is hereby inserted
and attached hereto as Annex A.
With these amendments the terms of the
Loan Agreement are hereby confirmed in its entirety.
Please confirm the
binding agreement of the Borrower to the above amendments by signing the three
copies of this letter in the space below and returning all three copies to the
Bank, for the attention of Tim Bezencon, Operation Administration Unit,
whereupon the Bank will sign the three copies and return on fully signed copy to
you. These amendments will become effective as of the date indicated on this
letter upon the signature by both the Borrower and the Bank.
Yours
sincerely,
European bank for
reconstruction and development
Deputy Vice President
Accepted and agreed:
Ministry of
finance
Annex A
SCHEDULE 3
SPECIAL ACCOUNT
1.
For the purposes of this Schedule the following terms shall have the following
meaning:
"eligible category" means category 3 set forth in the
table
in the Attachment to Schedule 2 to
the
Loan Agreement;
"eligible
expenditures" means expenditures in respect of the
reasonable cost of goods, works and
services required for the Project and to
be
financed out of the proceeds of the
Loan
allocated from time to time to the
eligible
category in accordance with the
provisions of
Schedule 2 to the Loan
Agreement;
"Special Account means an amount equalling one hundred
Maximum
Balance" and twenty five thousand Dollars
(USD 125,000); and
"Special Account means an amount
equalling eighty
Minimum Drawdown thousand Dollars (USD
80,000).
Amount"
2. Payments out of the Special Account shall be
made exclusively for eligible expenditures in accordance with the provisions of
this Schedule.
3. After the Bank has received evidence satisfactory to it
that the Special Account has been duly opened in accordance with terms and
conditions acceptable to the Bank, including appropriate protection against
set-off, seizure, or attachment, the Borrower may draw down from the Available
Amount and deposit into the Special Account an initial amount that shall not
exceed the Special Account Maximum Balance nor be less man the Special Account
Minimum Drawdown Amount.
4. Thereafter, the Borrower may draw down
additional amounts from the Available Amount and deposit such amounts into the
Special Account, subject to the limitations specified in paragraph 6 below and
satisfaction of the following conditions for each requested drawdown:
(a)
The Borrower shall have submitted to the Bank account statements and documents,
and any other evidence requested by the Bank, to demonstrate that amounts
disbursed from the Special Account have been properly applied.
(b) After
giving effect to the requested drawdown from the Available Amount and deposit of
the amount of such drawdown into the Special Account, the balance of the Special
Account shall not exceed the Special Account Maximum Balance.
(c) Except
as the Bank may from time to time agree, the amount of the requested drawdown
from the Available Amount for deposit into the Special Account shall not be less
than the Special Account Minimum Drawdown Amount.
5. Without prejudice to
the requirement of paragraph 4 (a) above, the Borrower shall furnish, at any
time the Bank shall reasonably request, a report on the balance and other
details of the Special Account, including account statements and such other
documents and other evidence as the Bank may request to show that payments made
from the Special Account have been made in accordance with the requirements set
forth in this Schedule.
6. Notwithstanding the provisions of paragraph 4
of this Schedule, the Borrower shall not draw down funds from the Available
Amount for deposit into the Special Account, unless the Bank agrees
otherwise:
(a) if, at any time, the Bank shall have determined that all
further drawdowns from the Available Amount should be made in accordance with
the provisions of Section 2.03(a) of this Agreement; or
(b) once the
Available Amount allocated to the eligible Categories shall equal twice the
amount of the Special Account Maximum Balance.
Thereafter, drawdowns from
the Available Amount allocated to the eligible categories shall follow such
procedures as the Bank shall specify by notice to the Borrower. Such further
drawdowns shall be made only after and to the extent that the Bank shall have
been satisfied that all such amounts remaining on deposit in the Special Account
as of the date of such notice will be utilised in making payments for eligible
expenditures.
7. (a) If the Bank shall have determined at any time that
any payment out of, or any use of, the Special Account:
(i) was
made for an expenditure or in an amount not
eligible pursuant to
paragraph 2 of this Schedule; or
(ii) was not justified by the
evidence furnished to the
Bank;
(b) then the Bank may require
the Borrower to;
(i) provide such additional evidence as the
Bank may
request; or
(ii) deposit into the Special
Account (or, if the Bank
shall so request, repay to the Bank) an
amount equal to the
amount of such payment or the portion thereof
not so eligible
or justified.
In the event the Bank makes such
a determination under (a) (i) or (ii) above, no further drawdowns shall be made
from the Available Amount for deposit into the Special Account (unless the Bank
agrees otherwise) until such time as the Borrower has (x) deposited into the
Special Account or repaid to the Bank an amount equal to the amount of such
payment (or portion thereof) determined not to be eligible or justified, or (y)
provided additional evidence, which satisfies the Bank, that the amounts
previously disbursed from the Special Account were applied properly."
8.
(a) If the Bank shall have determined at any lime that any amount outstanding in
the Special Account will not be required to cover further payments for eligible
expenditures, then the Borrower shall, promptly upon notice from the Bank prepay
to the Bank such outstanding amount. Likewise, if the Bank shall direct the
Borrower to repay to the Bank an amount pursuant to paragraph 7 (b) (ii), then
the Borrower shall promptly upon notice from the Bank prepay to the Bank such
outstanding amount. For these purposes, the requirement that prepayments of the
Loan must occur on Interest Payment Dates is waived, subject to paragraph 8 (c)
below.
(b) The Borrower, upon prior notice to the Bank given in
accordance with Section 3.07(a) of the Standard Terms and Conditions may prepay
on any Interest Payment Date all or any portion of the funds deposited into the
Special Account.
(c) Any prepayments of the amounts identified in
subparagraphs (a) and (b) above shall be made in accordance with Section 3.07 of
the Standard Terms and Conditions; provided, however, that such prepayments
shall not be subject to the Minimum Prepayment Amount nor the prepayment
administrative fee specified in Section 2.02(b) of the Loan Agreement and
Section 3.07(b) of the Standard Terms and Conditions; and provided further that
any prepayments that are made on a date other than an Interest Payment Date
shall be subject to payment by the Borrower of any Unwinding Costs assessed by
the Bank and notified to the Borrower. Furthermore, prepayments of the amounts
identified in subparagraphs (a) and (b) above shall be applied by the Bank as
provided in Section 3.07(d)(ii) of the Standard Terms and Conditions.
