Page:UN Treaty Series - vol 318.pdf/166

This page has been proofread, but needs to be validated.

154
United Nations — Treaty Series
1958

for a period of thirty days, or (ii) if any event specified in Section 6.02 of this Agreement for the purposes of Section 5.02 (j) of the Loan Regulations shall occur and shall continue for a period of thirty days or (iii) if any event specified in paragraph (c) of Section 5.02 of the Loan Regulations shall occur and shall continue for a period of sixty days after notice thereof shall have been given by the Bank to the Borrower, then at any subsequent time during the continuance thereof, the Bank, at its option, may declare the principal of the Loan and of all the Bonds then outstanding to be due and payable immediately, and upon any such declaration such principal shall become due and payable immediately, anything in this Agreement or in the Bonds to the contrary notwithstanding.

Section 6.02. For the purpose of Section 5.02 (j) of the Loan Regulations the following events are specified:

(a) if there shall have occurred any event specified or referred to in Section 6.01 of the First Loan Agreement;

(b) if there shall have occurred any event specified in Article 14 of the Second Subsidiary Loan Agreement as an event of default.

Article VII

Effective Date; Termination

Section 7.01. The following event is specified as an additional condition to the effectiveness of this Agreement within the meaning of Section 9.01 (a) (ii) of the Loan Regulations, namely, that the Second Subsidiary Loan Agreement, in form and substance satisfactory to the Bank, shall have been duly executed and delivered as between the parties thereto and have become fully effective in accordance with its terms.

Section 7.02. The following are specified as additional matters, within the meaning of Section 9.02 (e) of the Loan Regulations, to be included in the opinion or opinions to be furnished to the Bank:

(a) that Kokan has full power and authority to construct and operate the Project and has all necessary rights and powers in connection therewith and that all acts, consents, validations and approvals necessary therefor have been duly and validly performed or given;

(b) that the Second Subsidiary Loan Agreement has been duly authorized or ratified by, and executed and delivered on behalf of, the Borrower and Kokan respectively, that all acts, consents, validations and approvals necessary under the laws of Japan to render the Second Subsidiary Loan Agreement valid and effective have been duly performed or given, and that the Second Subsidiary Loan Agreement constitutes a valid and binding obligation of the Borrower and of Kokan respectively in accordance with its terms.

Section 7.03. A date sixty days after the date of this Agreement is hereby specified for the purposes of Section 9.04 of the Loan Regulations.

Article VIII

Miscellaneous

Section 8.01. The Closing Date shall be March 31, 1960.

No. 4612