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A.I.D. IAan No. 497-H-020
AMENDMENT NO •• 1 to
LOAN AGREEMENI
ｂｾｅｎ＠
THE.
REPUBLIC OF INDONESIA
AND THE
UNITED STATES OF. AMERICA
AND
P. T. PUPUK SRIWIDJAJA
,
Dated:
April 30, 1973
THIS AMENDMENT NO. 1, entered in.to this thirtieth
day of April, 1973,
between the REPUBLIC OF INDONESIA ("Borrower"), P. T. PUPUK SRIWIJA.JA
("Pusri"), and the UNITED STATES OF AMERICA, acting through th.e
AGENCY FOR INTERNATIONAL DEVELOPMENT ("A.I.D."), amending the Loan
Agreement dated July 2, 1970 among the same parties (A.I.D. Loan
No. 497-H-020).
Borrower, Pusri and A.I.D. h .areby agree that A.I.D. Loan No.
497-H-020 is hexeby amended as follows:
1.
The third WHEREAS clause of the Loan Agreement is hereby amended
by deleting the present clause and substituting the following new third
whereas clause:
''WHEREAS the Govermnent of Japan, acting through the Overseas
Economic Cooperation Fund, A.I.D., the Asian Development Bank
(hereinafter called "A.D.B. "), and I.D.A. (hereinafter collectively
called the "Lenders") are willing to furnish assistance to the
Borrower in lo.ans of various currencies, in an aggregate principal
amount equivalent to approximately .e ighty million Unit.e d States
dollars ($80,00o;·oOO), representing a: portion Q.f the est:i.mat.ed
foreign exchange component of the total cost of the ahav-a-
-
ment ioned construct.i.on and technical services;"
2.
Section 1.1 .of the Loan Agreement is hereby amended by substituting
the words "twenty-fc>ur million United States. dollars ($24,000,000)"
for the words "twenty million United States dollars ($20,000,000)".
-2-
3.
The Loan Agreement is hereby amended by adding the following new
Section 3.1-A:
"Section 3.1-A.
Condition·s Precedent to the First Disbursement
for Eligible Items Under This Amendment to the Loan.
Unless A.I.D.
otherwise agrees in writing , prior to the i.ssuance of the first
letter of commitment or other commitment document for eligible
items to be financ ed under this amendment to the loan 9 the
Borrower or Pusri, as indicated or as appropr late, shall fut'nish
A.I.D., in form and substance satisfactory to A.I.D. :
"(a)
Written assurance by the Borrower that the Borrower will
finance any foreign exchange cost overrun for Part A of the project
over and above the foreign exchange costs financed unde·r the loan,
this amendment to the loan, and the joint loans;
"(b)
A written study of the comparative costs and feasibility of
using (1) mechanical fertilizer bagging systems as pres ently proposed,
or (2) unmechanized, labor intensive fertilizer bagging systems, .for
the Sate llite bagging facilities at Surabaya and Cilatjap ;
"(c)
An opinion of the Minister of Justice of the Borrower that this
amendment of April 30, 1973 to the Loan Agreement has been duly
authorized or ratified by, and executed on behalf of, the Bo:r.rowe.r,
and the Loan Agreement as thus amended is a valid and legally binding
-
obligation of the Borrower in accordance with its terms;
"(d)
An opinion of the principal legal officer of Pusri or of other
legal counsel satisfactory to A.I.D. and the other lenders, that
-3this amendment of Apri.l 30, 1973, to the Loan Agree.ment has been
duly authorized or ratified by and executed on behalf of Pusri and
that the Loan Agreement as thus amended i.s a valid and legally binding
obligation of Pusri in accordance with its terms;
"(e)
The names of the persons who will act as the rept'esentati.ves
of the Borrower and Pusri, in connection with this amendment of
April 30, 1973, to the Loan Agreement, pursuant to Section 10.l
hereof, i.f other than the pet:sons designated in said s ection,
togethet: wi.th evi dence of their authority and a. sper. 'i.men signatu:re
of each suc.h person, certified as to its authenticity by e ith er the
persons rendering the legal opinions pursuant to Sections 3. 1-A(c )
and 3.1-A(d) or the persons executing this amendment of Aprtl 30, 1973,
to the Loan Agreement."
4.
The Loan Agreement is hereby amended by adding the followi ng new
Section 3.2-A:
"Section 3. 2-A.
Conditions Prece.dent to Each Disbursement. for
Eligible Items Under This Amendment to the Loan.
Unless A.I.D.
otherwise agrees in writing, prior to the issuance of any letter
of conunitment or other counnitment document for eligi.ble i tems to
be financed under this amendment to the loan, including the first
letter of connnitment or other commitment document, Pusri shall
furnish A. I.D. c opies of all procurement documents, in.eluding
invitations for bid, notifications of award, and resulting contracts, for the procurement of eligible items financ ed under this
amendment to the loan."
-45.
The Loan Agreement is hereby amended by adding the following new
Section 3.3-A:
"Section 3.3-A.
Terminal Dates for Fulfillment of Condi.tions
Precedent for Eligible Items Under This Amendment to the Lo"1Il.
Except as A. I.D. may otherwise agree i.n writing, i.f the conditions
required by Section 3.1-A have not been satisfied within 120 days
after the execution of this amendment to the loan, A. I.D. may at
any time thereafter terminate this amendment to tb'= loan by
giving Wl'.'i.tten notice to
ｴｨｾ＠
Borrower, Pusri and the ot'he't'
ｴ･ｮＮ､
ｾ Ｚ ｲｳＮ＠
Upon such term.inati.on, and notwithstanding any other provisio.as of
this amendment to the loan, this amendment and all obl i .gatiol'l.S of
the partie s under this amendment shall terminate."
6.
The Loan Agreement is hereby amendt:!d by adding the following new
Section 3.4-A:
"Section 3.4-A.
Noti.fication of Meeting of Co:n§it i ons
for Eligible Items Under This Amendment to the Loan.
ｐｲ･｣Ｂ､Ｎｾｮｴ＠
A. I. D. shall
notify the Borrowet.' upon i.ts determina.t.io:r.. that the c onditions
precedent specified in Sections 3.1-A and 3.2-A have been met. "
7.
The I,.oan Agreement is hereby amended by adding the following n ew
Sect ion 5 • 3 :
"Section 5 .3.
Covenants of Borrower and Pusri.
The Borrower and
Pusri covenant and agree that they shall, within a :reasonable: time,
furnish A.I.D., in form and substance satisfactory to A.I.D. :
-5"(a)
Executed copies of each of the amendments to the c o-1£:ndi ng
agreements of the other lenders for the proj ect, t o get her wl th
evidence that all conditions precedent t o their effec.t ivi!nes s
or the right to make withdrawals thereunder shal l h ave
｢ｾ
｡＠
fulfilled;
"(b)
An executed copy of any amendmen t t o the Pus·d
f 1:1.lhn
I
I
A.I.D. IAan No. 497-H-020
AMENDMENT NO •• 1 to
LOAN AGREEMENI
ｂｾｅｎ＠
THE.
REPUBLIC OF INDONESIA
AND THE
UNITED STATES OF. AMERICA
AND
P. T. PUPUK SRIWIDJAJA
,
Dated:
April 30, 1973
THIS AMENDMENT NO. 1, entered in.to this thirtieth
day of April, 1973,
between the REPUBLIC OF INDONESIA ("Borrower"), P. T. PUPUK SRIWIJA.JA
("Pusri"), and the UNITED STATES OF AMERICA, acting through th.e
AGENCY FOR INTERNATIONAL DEVELOPMENT ("A.I.D."), amending the Loan
Agreement dated July 2, 1970 among the same parties (A.I.D. Loan
No. 497-H-020).
Borrower, Pusri and A.I.D. h .areby agree that A.I.D. Loan No.
497-H-020 is hexeby amended as follows:
1.
The third WHEREAS clause of the Loan Agreement is hereby amended
by deleting the present clause and substituting the following new third
whereas clause:
''WHEREAS the Govermnent of Japan, acting through the Overseas
Economic Cooperation Fund, A.I.D., the Asian Development Bank
(hereinafter called "A.D.B. "), and I.D.A. (hereinafter collectively
called the "Lenders") are willing to furnish assistance to the
Borrower in lo.ans of various currencies, in an aggregate principal
amount equivalent to approximately .e ighty million Unit.e d States
dollars ($80,00o;·oOO), representing a: portion Q.f the est:i.mat.ed
foreign exchange component of the total cost of the ahav-a-
-
ment ioned construct.i.on and technical services;"
2.
Section 1.1 .of the Loan Agreement is hereby amended by substituting
the words "twenty-fc>ur million United States. dollars ($24,000,000)"
for the words "twenty million United States dollars ($20,000,000)".
-2-
3.
The Loan Agreement is hereby amended by adding the following new
Section 3.1-A:
"Section 3.1-A.
Condition·s Precedent to the First Disbursement
for Eligible Items Under This Amendment to the Loan.
Unless A.I.D.
otherwise agrees in writing , prior to the i.ssuance of the first
letter of commitment or other commitment document for eligible
items to be financ ed under this amendment to the loan 9 the
Borrower or Pusri, as indicated or as appropr late, shall fut'nish
A.I.D., in form and substance satisfactory to A.I.D. :
"(a)
Written assurance by the Borrower that the Borrower will
finance any foreign exchange cost overrun for Part A of the project
over and above the foreign exchange costs financed unde·r the loan,
this amendment to the loan, and the joint loans;
"(b)
A written study of the comparative costs and feasibility of
using (1) mechanical fertilizer bagging systems as pres ently proposed,
or (2) unmechanized, labor intensive fertilizer bagging systems, .for
the Sate llite bagging facilities at Surabaya and Cilatjap ;
"(c)
An opinion of the Minister of Justice of the Borrower that this
amendment of April 30, 1973 to the Loan Agreement has been duly
authorized or ratified by, and executed on behalf of, the Bo:r.rowe.r,
and the Loan Agreement as thus amended is a valid and legally binding
-
obligation of the Borrower in accordance with its terms;
"(d)
An opinion of the principal legal officer of Pusri or of other
legal counsel satisfactory to A.I.D. and the other lenders, that
-3this amendment of Apri.l 30, 1973, to the Loan Agree.ment has been
duly authorized or ratified by and executed on behalf of Pusri and
that the Loan Agreement as thus amended i.s a valid and legally binding
obligation of Pusri in accordance with its terms;
"(e)
The names of the persons who will act as the rept'esentati.ves
of the Borrower and Pusri, in connection with this amendment of
April 30, 1973, to the Loan Agreement, pursuant to Section 10.l
hereof, i.f other than the pet:sons designated in said s ection,
togethet: wi.th evi dence of their authority and a. sper. 'i.men signatu:re
of each suc.h person, certified as to its authenticity by e ith er the
persons rendering the legal opinions pursuant to Sections 3. 1-A(c )
and 3.1-A(d) or the persons executing this amendment of Aprtl 30, 1973,
to the Loan Agreement."
4.
The Loan Agreement is hereby amended by adding the followi ng new
Section 3.2-A:
"Section 3. 2-A.
Conditions Prece.dent to Each Disbursement. for
Eligible Items Under This Amendment to the Loan.
Unless A.I.D.
otherwise agrees in writing, prior to the issuance of any letter
of conunitment or other counnitment document for eligi.ble i tems to
be financed under this amendment to the loan, including the first
letter of connnitment or other commitment document, Pusri shall
furnish A. I.D. c opies of all procurement documents, in.eluding
invitations for bid, notifications of award, and resulting contracts, for the procurement of eligible items financ ed under this
amendment to the loan."
-45.
The Loan Agreement is hereby amended by adding the following new
Section 3.3-A:
"Section 3.3-A.
Terminal Dates for Fulfillment of Condi.tions
Precedent for Eligible Items Under This Amendment to the Lo"1Il.
Except as A. I.D. may otherwise agree i.n writing, i.f the conditions
required by Section 3.1-A have not been satisfied within 120 days
after the execution of this amendment to the loan, A. I.D. may at
any time thereafter terminate this amendment to tb'= loan by
giving Wl'.'i.tten notice to
ｴｨｾ＠
Borrower, Pusri and the ot'he't'
ｴ･ｮＮ､
ｾ Ｚ ｲｳＮ＠
Upon such term.inati.on, and notwithstanding any other provisio.as of
this amendment to the loan, this amendment and all obl i .gatiol'l.S of
the partie s under this amendment shall terminate."
6.
The Loan Agreement is hereby amendt:!d by adding the following new
Section 3.4-A:
"Section 3.4-A.
Noti.fication of Meeting of Co:n§it i ons
for Eligible Items Under This Amendment to the Loan.
ｐｲ･｣Ｂ､Ｎｾｮｴ＠
A. I. D. shall
notify the Borrowet.' upon i.ts determina.t.io:r.. that the c onditions
precedent specified in Sections 3.1-A and 3.2-A have been met. "
7.
The I,.oan Agreement is hereby amended by adding the following n ew
Sect ion 5 • 3 :
"Section 5 .3.
Covenants of Borrower and Pusri.
The Borrower and
Pusri covenant and agree that they shall, within a :reasonable: time,
furnish A.I.D., in form and substance satisfactory to A.I.D. :
-5"(a)
Executed copies of each of the amendments to the c o-1£:ndi ng
agreements of the other lenders for the proj ect, t o get her wl th
evidence that all conditions precedent t o their effec.t ivi!nes s
or the right to make withdrawals thereunder shal l h ave
｢ｾ
｡＠
fulfilled;
"(b)
An executed copy of any amendmen t t o the Pus·d
f 1:1.lhn