借款合同英文版-資料下載頁

　　

【正文】 gations contained in the Memorandum of Understanding, but including the obligation set out in Article 4, paragraph 5, and such default shall continue for a period of one month after written notice thereof shall have been given to the Borrower by the Lender。 or c) for any reason whatsoever due to an act or an omission by any institution or individual or other body having the legal power inside the country of the Borrower, the Borrower’s obligations under this Agreement are contested to be binding on or enforceable against the Borrower。 or d) it has been established that in relation with this Loan, the Borrower or the Borrower39。s Agent has engaged in any act of fraud or corruption or any other illegal activity detrimental to the EC39。s financial interests。 or e) there is under any previous loan agreement between the Borrower, the Borrower39。s Agent and the European Community, regardless of the amount, or under any other external indebtedness of the Borrower having an aggregate principal amount in excess of EUR 50 million a declaration of default as defined in any instrument governing or evidencing such indebtedness and as a result of such a declaration of default there is an acceleration of such indebtedness。 or f) the Borrower does not generally pay its external indebtedness as it falls due or declares or imposes a moratorium on the payment of the external indebtedness of the Borrower or of an external indebtedness assumed or guaranteed by it. For the purposes of the foregoing, external indebtedness” of the Borrower means any debt contracted, guaranteed or otherwise secured by the Borrower or the Borrower39。s Agent, which is either (i) denominated in a currency other than the currency of the Borrower。 or (ii) raised or incurred (in whatever currency) outside of the country of the Borrower.2. In the event of an early termination of an interest rate swap, if any, the Borrower, instead of servicing the payment obligations under the swap, shall assure the debt service of the underlying bond issue or other Financial Transaction.3. The Lender may, but is not obliged to, exercise its rights under this Article and may also exercise them only in part without prejudice to the future exercise of such rights.4. The Borrower shall reimburse all costs, expenses, fees and loss of interest incurred and payable by the Lender as a consequence of an early repayment of any Tranches under this Article. The loss of interest is the difference between the interest rate of the Tranche and the interest received by the EC from the reinvestment of the amounts early repaid, for the period between the date of the early repayment and the date on which the Financial Transaction matures or can be terminated according to the terms of the Borrowing Contracts.Article 9 – Undertakings relating to inspections, fraud prevention and audits1. The Commission, including the European AntiFraud Office, and the European Court of Auditors shall have the right to send their own agents or duly authorised representatives to carry out any technical or financial controls or audits that they consider necessary in relation to the management of this assistance as long as the Loan has not been fully repaid.2. The Borrower and the Borrower39。s Agent shall supply relevant information and documents which may be requested for the purpose of such assessments, controls or audits, and take all suitable measures to facilitate the work of persons instructed to carry them out. The Borrower and the Borrower39。s Agent undertake to give to the persons referred to in paragraph 1 access to sites and premises where the relevant information and documents are kept.3. The Borrower and the Borrower39。s Agent shall ensure investigation and satisfactory treatment of any suspected and actual cases of fraud, corruption or any other illegal activity in relation to the management of the EC balance of payments assistance, detrimental to the EC’s financial interests. All such cases as well as measures related thereto taken by national petent authorities shall be reported to the Commission without delay.Article 10 – NoticesAll notices in relation to this Agreement shall be validly given if in writing and sent to:For the Lender: Commission of the European CommunitiesDirectorate General Economic and Financial Affairs – Unit L3 Lending and IFI Programme ManagementL2920 Luxembourg Attention: Mr Javier Garcia Lon, Head of UnitTel.: (+352) 4301 36372Fax: (+352) 4301 36599SWIFT address: EUCOLULLWith copy to the Lender39。s Agent:European Central BankKaiserstrasse 29D60311 Frankfurt am MainAttention: Mr H. Metselaar, Head of Back Office DivisionTel.: + 49 69 1344 7333Fax: + 49 69 1344 6171SWIFT BIC: ECBFDEFFBAC For the Borrower:Ministry of Finance of LatviaSmil?u ielā 1, LV1919 RīgāAttention: Mr Kaspars ābolin?, Treasurer of the Republic of LatviaTel.: + 371 67094222Fax: + 371 67094220SWIFT BIC: TRELLV22 With copy to the Borrower39。s Agent:Bank of Latvia ielā 2A, LV1050 Rīgā Attention: Mr Raivo Vanags, Mr Janis CauneTel.: + 371 67022 300Fax: + 371 67022 420SWIFT address: BIC LACBLV2XAll notices shall be given by registered mail. In case of urgency, they can be given by fax, Swift or by handdelivered letter to the above addressees and confirmed by registered mail without undue delay. Notices bee effective with the actual receipt of the fax, the Swiftmessage or the letter. All documents, information and materials to be furnished under this Agreement shall be in the English language or in the language of the Borrower39。s country, acpanied by a certified English translation, provided that, in the latter case, the English translation shall prevail in the case of divergence. Article 11 – Miscellaneous1. If any one or more of the provisions contained in this Agreement should be or bee fully or in part invalid, illegal or