NO.1420103052018210863
CHINA EXIMBANK PBC 2018 NO. 11 TOTAL NO. 468
PREFERENTIAL BUYER’S CREDIT LOAN AGREEMENT
on
The Chico River Pump Irrigation Project
BETWEEN
THE EXPORT-IMPORT BANK OF CHINA
as Lender
AND
THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES,
ACTING BY AND THROUGH THE DEPARTMENT OF FINANCE
as Borrower
DATED April 10", 2018Contents
ARTICLE 1 DEFINITIONS.....
ARTICLE 2 CONDITIONS AND UTILIZATION OF THE FACILITY.
ARTICLE 3 DISBURSEMENT OF THE FACILITY
ARTICLE 4 REPAYMENT OF PRINCIPAL AND PAYMENT OF INTEREST
ARTICLE 5 REPRESENTATIONS AND WARRANTIES BY THE BORROWER .....11
ARTICLE 6 SPECIAL COVENANTS
ARTICLE 7 EVENTS OF DEFAULT...
ARTICLE 8 MISCELLANEOUS ..
ARTICLE 9 EFFECTIVENESS...
Appendix 1
Appendix 2
Appendix 3
Appendix 4...
Appendix
Appendix 6.
Appendix 7
Appendix
Appendix
Appendix 10Sy
THIS PREFERENTIAL BUYER’S CREDIT LOAN AGREEMENT (hereinafter
referred to as this "Agreement") is made on the 10th day of April 2018 between:
THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES, acting by and
through the Department of Finance (DOF) (hereinafter referred to as the “Borrower”
having its registered office at the DOF Building, Roxas Boulevard, Malate, Manila 1004,
Philippines; and
THE EXPORT-IMPORT BANK OF CHINA (hereinafter referred to as the “Lender”
having its registered office at No. 30, Fuxingmennei Street, Xicheng District, Beijing
100031, China:
hereinafter collectively referred to as the “Parties” and individually as a “Party”, to
finance the Chico River Pump Irrigation Project (hereinafter referred to as the “Project”)
WHEREAS:
(A) The Memorandum of Understanding (MOU) on Financing Cooperation between the
Republic of the Philippines, represented by the DOF, and the Export-Import Bank of
China was signed on October 20, 2016 to facilitate the promotion of financing
cooperation between the Parties and utilization of the financing being extended by the
Lender to the Borrower for the purpose of financing projects mutually identified and
agreed upon between the Government of the Republic of the Philippines and the
Government of the People’s Republic of China (hereinafter collectively referred to as the
“Governments”):
(B) On March 3, 2017, the Government of the Republic of the Philippines, through the
Department of Foreign Affairs, sent a Note Verbale no. 17-1049 to the Government of the
People’s Republic of China (PRC), through the Ministry of Commerce, related to the
procedures and arrangements of the utilization of concessionary loans committed by the
PRC to support priority projects of the Borrower, which was confirmed by PRC on March
8, 2017 (hereinafter referred to as the “Note Verbale”);