<КРЕДИТНОЕ СОГЛАШЕНИЕ (РОССИЙСКАЯ ФЕДЕРАЦИЯ: ПРОЕКТ РЕКОНСТРУКЦИИ СИСТЕМЫ ВОДОСНАБЖЕНИЯ И ОХРАНЫ ОКРУЖАЮЩЕЙ СРЕДЫ Г. КАЛИНИНГРАДА) МЕЖДУ РОССИЙСКОЙ ФЕДЕРАЦИЕЙ И ЕВРОПЕЙСКИМ БАНКОМ РЕКОНСТРУКЦИИ И РАЗВИТИЯ (ЕБРР)> [англ.](Вместе с <ОПИСАНИЕМ ПРОЕКТА>)(Заключено в г. Калининграде 04.07.1999)

LOAN AGREEMENT
(RUSSIAN FEDERATION: KALININGRAD WATER
AND ENVIRONMENTAL SERVICES REHABILITATION PROJECT)
18,000,000 USD BETWEEN THE RUSSIAN FEDERATION
AND EUROPEAN BANK FOR RECONSTRUCTION
AND DEVELOPMENT
(4.VII.1999)
Agreement dated 4 July 1999 between
(1) the Russian Federation (the "Borrower"); and
(2) the European Bank for Reconstruction and Development (the "Bank").
Preamble
(A) Whereas the Bank has been established to provide financing for specific projects to foster the transition towards open market-oriented economies and to promote private and entrepreneurial initiative in the Central and Eastern European countries committed to and applying the principles of multiparty democracy, pluralism and market economics;
(B) Whereas the Borrower intends to implement the project described in Schedule 1 to the Loan Agreement (the "Project"), which is designed to assist the Borrower in (i) improving of the quality of potable water supply; and (ii) rehabilitating and improving of wastewater collection and treatment systems;
(C) Whereas the Project will be carried out by the Kaliningrad Municipal Water and Waste Water Services Enterprise "Vodokanal" (the "Project Entity"), with the Borrower"s assistance and, as part of such assistance, the Borrower will make available to the Project Entity the proceeds of a loan as provided in the Loan Agreement, and the City and the Region will guarantee the obligations of the Project Entity to the Borrower under the Subsidiary Loan Agreement;
(D) Whereas:
(i) the Borrower intends to contract from Nordic Investment Bank ("NIB") a loan in an amount of thirteen million Dollars (13,000,000 USD) to assist in financing the Project on the terms and conditions set forth in an agreement to be entered into between the Borrower and NIB (the "NIB Loan");
(ii) Kaliningrad Regional Administration (the "Region"), the City of Kaliningrad (the "City") and/or the Project Entity shall be responsible for all taxes, custom duties and other dues payable to the Borrower or any political subsection thereof on the terms and conditions set forth in a Subsidiary Loan Agreement to be entered into between the Borrower, the Project Entity, the City and the Region;
(iii) the Region and City will also provide co-financing of the equivalent of five million Dollars (5,000,000 USD) as a non-reimbursable contribution towards the Project costs;
(iv) 3,000,000 USD co-financing non-reimbursable funds will be provided by the Danish Environmental Protection Agency to the State Committee for Protection of Environment in the Kaliningrad Region;
(v) 120,000,000 SEK co-financing non-reimbursable funds will be provided by the Swedish International Development Cooperation Agency to the Borrower; and
(vi) 1,700,000 USD co-financing non-reimbursable funds will be provided by the Nordic Environment Finance Corporation to the City.
(E) Whereas the Bank has agreed on the basis, inter alia, of the foregoing, to extend a loan to the Borrower in the amount of eighteen million Dollars (18,000,000 USD) (the "Loan") upon the terms and conditions set forth in the Loan Agreement, in the Project Agreement of even date herewith between the Bank and the Project Entity (with the Borrower as a party for certain purposes) and in the Project Support Agreement of even date herewith between the Bank, the City and the Region (with the Borrower as a party for certain purposes).
Now, therefore, the parties hereby agree as follows:
Article I. STANDARD TERMS AND
CONDITIONS; DEFINITIONS; HEADINGS
Section 1.01
Incorporation of Standard Terms and Conditions
All the provisions of the Standard Terms and Conditions dated February 1999 are hereby incorporated into and made applicable to the Loan Agreement with the same force and effect as if they were fully set forth herein (said provisions being hereinafter called the Standard Terms and Conditions).
Section 1.02
Definitions
Wherever used in the Loan Agreement or the Schedules hereto, except where stated otherwise, the terms defined in the Preamble have the respective meanings ascribed therein, the terms defined in the Standard Terms and Conditions have the respective meanings ascribed therein, and the following terms have the following meanings:
"Borrower"s Authorised means the Minister of Finance or those of
Representative" his deputies authorised for this purpose
by the Minister of Finance;
"Business Day" means any day (other than a Saturday or
Sunday) on which commercial banks and
foreign exchange markets are open for the
transaction of business in the currency of
payment in the interbank market in London,
England and on which commercial banks and
foreign exchange markets settle payments
in such currency in New York;
"City"s Authorised means the Mayor of the City or those of
Representative" his deputies confirmed as being authorised
for this purpose in the legal opinion
referred to in Section 5.01(b)(i) of the
Loan Agreement or a similar legal opinion
which is in form and substance
satisfactory to the Bank;
"Co-Financiers" means:
a) the Borrower;
b) NIB;
c) the Region;
d) the City;
e) the Danish Environmental Protection
Agency;
f) the Swedish International Development
Coorperation Agency; and
g) the Nordic Environment Finance
Corporation.
"Co-Financing means all documentation which sets out
Agreements" agreed terms with one or more
Co-Financiers on co-financing of the
Project in form and substance satisfactory
to the Bank and "Co-Financing Agreement"
means any of them;
"Contract means a unit established within the
Administration and Project Entity to administrate and monitor
Monitoring Unit Project implementation, comprised of the
(CAMU)" Project Entity staff and such external
experts as may be necessary or desirable;
"Corporate Development means the corporate development plan
Plan" referred to in Section 2.06 of the Project
Agreement;
"Corporate Partner" means the corporate partner referred to in
Section 2.06 of the Project Agreement;
"Debt Service Reserve means the bank account opened or to be
Account" open by the Project Entity pursuant to
Section 3.03(c) of the Project Agreement;
Dollars" or "USD" means the lawful currency of the United
States of America;
"FY" means the Borrower"s fiscal year
commencing 1 January;
"IAS" means the International Accounting
Standards promulgated by the International
Accounting Standards Committee and
consistently applied;
"Lenders Agent" means an agent appointed by the Bank to
assist the Bank in monitoring the Project
and related matters.
"Management Contractor" means an independent management contractor
(which may be a consortium) appointed by
the Project Entity to carry out
procurement in accordance with Section
2.04 of the Project Agreement;
"Project Entity" includes any successor thereto;
"Region"s Authorised means the Governor of the Region or his
Representative" deputies confirmed as being authorised for
this purpose in the legal opinion referred
to in Section 5.01(b)(ii) of the Loan
Agreement or a similar legal opinion which
is in form and substance satisfactory to
the Bank;
"SEK" means the lawful currency of Sweden;
"Statutes" means the constitutional documents of the
Project Entity;
"Subsidiary Loan means the agreement to be entered into
Agreement" between the Borrower and the Project
Entity pursuant to Section III(a) of the
Loan Agreement, as the same may be amended
from time to time;
"Telerate Page 3750" means the display page of London interbank
offered rates (commonly known as "LIBOR")
of major banks for deposits in the Loan
Currency, designated as page 3750 on the
Telerate Service (or such other page as
may replace the Telerate Page 3750) for
the purpose of displaying such LIBOR rates
for deposits in the Loan Currency.
Section 1.03
Headings
The headings of Articles and Sections, as well as the Table of Contents, are inserted for convenience of reference only and shall not be used to interpret the Loan Agreement.
Article II. PRINCIPAL TERMS OF THE LOAN
Section 2.01
Loan Amount and Loan Currency
(a) The Bank agrees to lend to the Borrower, on the terms and conditions set forth or referred to in the Loan Agreement, an amount of eighteen million Dollars (18,000,000 USD).
(b) The Loan shall be available to the Borrower in 2 Tranches, as follows:
(i) Tranche A shall be in the amount of 3,000,000 USD and shall bear interest at the Interest Rate determined in accordance with Section 2.02(g) of the Loan Agreement; and
(ii) Tranche В shall be in the amount of 15,000,000 USD and shall bear interest at the Interest Rate determined in accordance with Section 2.02(g) of the Loan Agreement.
Section 2.02
Other Financial Terms of the Loan
(a) Minimum Drawdown Amount
The Minimum Drawdown Amount shall be 100,000 USD.
(b) Minimum Prepayment Amount
The Minimum Prepayment Amount shall be 100,000 USD.
(c) Minimum Cancellation Amount
The Minimum Cancellation Amount shall be at least 500,000 USD.
(d) Interest Payment Dates and Loan Repayment Dates
The Interest Payment Dates shall be 18 February and 18 August of each calendar year. The Borrower shall repay the Loan in twenty two (22) successive semi-annual instalments on each Interest Payment Date, starting from and including 18 February 2004. Each instalment shall be in an amount equal to the product of (i) the principal amount of the Loan outstanding (and not overdue) immediately prior to the Interest Payment Date divided by (ii) the number of instalments (including the instalment for which calculation is made) remaining to be paid.
(e) Last Availability Date
The Last Availability Date shall be 30 June 2004. If the Last Availability Date is postponed, the Borrower should be liable for any unwinding costs that may arise.
(f) Commitment Charge
The rate of the commitment charge shall be one half of one percent (0.5%) per annum.
(g) Interest Rate
The Loan is subject to a Variable Interest Rate. For purposes of Section 3.04(b) of the Standard Terms and Conditions, the Relevant Market Interest Rate shall be the offered rate that appears on the Telerate Page 3750 as of 11:00 a.m., London time, on the relevant Interest Determination Date for one month, two months, three months, four months, five months, or six months, whichever period is closest to the duration of the relevant Interest Period (or, if two periods are equally close to the duration of the relevant Interest Period, the average of the two periods), provided that:
(1) if, for any reason, the Relevant Market Interest Rate cannot be determined at such time by reference to the Reference Page, the Relevant Market Interest Rate shall be the rate which the Bank determines to be the arithmetic mean (rounded upward, if necessary, to nearest 1/16%) of the offered rates per annum for deposits in the Loan Currency in an amount comparable to the portion of the Loan scheduled to be outstanding during the relevant Interest Period for a period equal to such Interest Period which are advised to the Bank by three major banks active in the London interbank market selected by the Bank; and
(2) if the Bank determines that deposits in the Loan Currency are not being offered in the London interbank market in such amounts or for such period, the Relevant Market Interest Rate shall be the cost to the Bank (expressed as a rate per annum) of funding the portion of the Loan scheduled to be outstanding during the relevant Interest Period from whatever sources it selects.
Section 2.03
Drawdowns
(a) The Available Amount may be drawn down from time to time in accordance with the provisions of Schedule 2 to the Loan Agreement for expenditures made (or if the Bank shall so agree, to be made) 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.
(b) The Borrower authorises the Bank to draw down an amount equal to the front-end commission from the Available Amount and pay itself the front-end commission on behalf of the Borrower.
Section 2.04
Authorised Representative
for Purposes of Drawdowns
The Director General of the Project Entity is designated as the Borrower"s Authorised Representative for the purpose of taking any action required or permitted to be taken under the

Международное законодательство »