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借款合同英文版(留存版)

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【正文】 ion and materials to be furnished under this Agreement shall be in the English language or in the language of the Borrower39。s Agent a copy of its payment instructions sent to the Borrower39。s right to request any Tranche under this Agreement expires on 20000 000 000 (one billion). The principal amount of any subsequent Instalment shall be laid down in the Memorandum of Understanding in accordance with Article 3 of the Decision. 3. An Instalment may consist of one or several tranches (hereinafter referred to as “Tranche(s)”). Article 2 – Maturity 1. The Average Maturity of the Loan shall not exceed seven years. It is calculated on the basis of the Disbursement Dates of the respective Tranches using the formulae indicated in paragraph 3. 2. The Average Maturity of the Tranches of an Instalment shall be set so that the Average Maturity of the Loan shall be, at any moment, in line with paragraph 1.3. In order to calculate the Average Maturities referred to in paragraphs 1 and 2, the following formulae will be used:Average Maturity of a Tranche is the period of time between the Disbursement Date of the respective Tranche and the weighted average of its capital reimbursements. If R1, R2... Rn are the capital reimbursements at times t1, t2, ... tn from the Disbursement Date, the Average Maturity of the Tranche equals Average Maturity of the Loan is the weighted average of the Average Maturity of the Tranches which constitute the Loan at any moment. If M1, M2, ... Mm is the Average Maturity of Tranches which amounted to A1, A2 ... Am then the Average Maturity of the Loan equals Article 3 – Drawdown, Net Disbursement Amount and Conditions Precedent1. Once the Lender has decided to release an Instalment in accordance with the Decision and the Memorandum of Understanding, the Borrower may request to the Lender in writing in the form of Annex 1 an Instalment or a Tranche of it, if the Instalment consists of more than one Tranches, and shall propose and preaccept, after consultation of the Lender, the size, maturity, maximum interest rate and whether fixed or variable, minimum net proceeds and other characteristics of it, acceptable to the Borrower (hereinafter the Request for Funds). The reference to a Tranche in this Agreement shall be understood to mean an Instalment if the latter consists of only one Tranche.2. Within the characteristics requested by the Borrower in the Request for Funds, the Lender shall transmit to the Borrower a notice in the form of Annex 2 setting out the main financial terms of the requested Tranche (hereinafter the “Acceptance Notice”). Once the Lender has served an Acceptance Notice relating to the Request for Funds, there shall, from the moment such Acceptance Notice is served, be a binding contract between the Lender and the Borrower. Nevertheless, the Lender39。 (2) Latvia has requested mediumterm financial assistance。 (9) The Commission will launch in due course, on behalf of the EC and after written agreement by the Borrower on the main terms as set out hereinafter, bond issues or any other appropriate financial transactions for the principal amount in Tranches, the proceeds of which shall be onlent to the Borrower。 (3) the Lender on the one hand and a bank or a syndicate of banks on the other hand having signed the Borrowing Contracts and the Lender39。s Agent shall inform the Borrower on the details of the interest calculation and in particular of the reference used for the EURIBOR setting, if applicable.Article 6 – Repayment and Option for Prepayment1. The Borrower shall repay the principal amount of each Tranche at the dates and under the conditions determined in the Borrowing Contracts and as notified to it by the Lender39。 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。 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 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。 (4) no material adverse change having occurred such as would, i
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