【正文】
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 financial interests。s Agent shall advise the Borrower and its Agent at least 15 calendar days prior to the due date of the amount of principal and of interest due and payable on such date and of the details (interest rate, interest period) on which the interest calculation is based. All amounts due shall be credited on the account of the Lender39。 and (5) All other statutory encumbrances and privileges which operate solely by virtue of law and which cannot be reasonably avoided by the Borrower. As used in this Article, financing of a project means any financing of the acquisition, construction or development of any properties in connection with a project if the providing entity for such financing expressly agrees to look to the properties financed and the revenues to be generated by the operation of, or loss or damage to, such properties as the principal source of repayment for the moneys advanced.5. The Borrower undertakes to utilise the Net Disbursement Amount from the Loan in accordance with the Decision and the Memorandum of Understanding.Article 5 – Interest1. The interest rate on each Tranche and the due dates for payment of interest will be the same as those determined in the corresponding Borrowing Contracts. 2. If the Lender due to prevailing market conditions at the time of launching a bond issue or any other Financial Transaction is not able to obtain a funding at or below the maximum rates referred to in the relevant Acceptance Notice, then the Lender is under no obligation to make the Net Disbursement Amount of any Tranche available to the Borrower. However, upon request from the Borrower, the Lender may propose to the Borrower new maximum interest rates in the light of the then prevailing market conditions. 3. Upon request from the Borrower and if in the Lender39。s Agent having received on the Disbursement Date the net proceeds of the Financial Transaction from said bank or syndicate of banks。s Agent with a copy addressed to the Borrower at the latest two Working Days prior to the Disbursement Date.6. The Lender39。(13) The Commission, including the AntiFraud Office, shall have the right to perform onthespot checks and inspections, and the Court of Auditors the right to carry out audits, where appropriate, on the spot.Now, therefore, the parties hereto have agreed as follows:Article 1 – Loan Amount 1. The Lender will make available to the Borrower a loan of a total principal amount of up to EUR(7) The first instalment shall be released subject to the entry into force of the Memorandum of Understanding and this Loan Agreement, as well as based on the Latvian authorities39。s Agent), represented by the Governor of the Bank of Latvia, Mr Ilmārs Rim?ēvi?s.PreambleWhereas: (1) Council Regulation (EC) No 332/2002 of 18 February 2002 establishing a facility providing mediumterm financial assistance for Member States39。(5) The loan is linked to economic policy measures designed to support Latvia39。(11) The European Central Bank shall be acting as an agent to the Lender (hereinafter referred to as the Lender39。s Agent in TARGET2, TARGET2 participant39。 (4) no material adverse change having occurred such as would, in the opinion of the Lender, after consultation with the Borrower, be likely to prejudice materially the ability of the Borrower to fulfil its payment obligations under this Agreement, . to service the Tranche to be funded and to repay the Tranche.7. The Lender39。 and (2) Encumbrances on mercial goods arising in the course of ordinary mercial banking transactions (and expiring at the latest within one year thereafter) to finance the import or export of such goods into or from the country of the Borrower。s Agent in TARGET2, TARGET2 participant SWIFTBIC: ECBFDEFFBAC, TARGET2 account holder SWIFTBIC ECBFDEFFBAC, ref.: EC balance of payments assistance to Latvia, or to such other account as the Lender39。 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 (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 bet