Tanzania - Flue-Cured Tobacco Project : Credit 0217 - Credit Agreement - 2 - Conformed

CONFORMED COPY CREDIT NO. 217-TA (Amendment) Agreement Amending Development Credit Agreement Dated October 9,1970 (Flue-Cured Tobacco Project) BETWEEN UNITED REPUBLIC OF TANZANIA AND INTERNATIONAL DEVELOPMENT ASSOCIATION DATED APRIL 28, 1971 CONFORMED COPY CREDIT NO. 217-TA (Amendment) Agreement Amending Development Credit Agreement Dated October 9,1970 (Flue-Cured Tobacco Project) BETWEEN UNITED REPUBLIC OF TANZANIA AND INTERNATIONAL DEVELOPMENT ASSOCIATION DATED APRIL 28, 1971 AMENDING DEVELOPMENT CREDIT AGREEMENT DATED OCTOBER 9, 1970 BETWEEN UNITED REPUBLIC OF TANZANIA AND INTERNATIONAL DEVELOPMENT ASSOCIATION AGREEMENT, dated April 28, 1971, between UNITED REPUBLIC OF TANZANIA (hereinafter called the Borrower) and INTERNATIONAL DEVELOPMENT AssOCIATION (hereinafter called the Association). WHEREAS by an agreement dated October 9, 1970, between the Borrower and the Association (hereinafter called the Development Credit Agreement), the Association agreed to assist in the financing of a flue-cured tobacco development project of the Borrower by making available to the Bor- rower a development credit (hereinafter called the Credit) in an amount in various currencies equivalent to nine mil- lion dollars ($9,000,000), on condition that the Borrower make available part of the proceeds of the Credit to the National Development Credit Agency (hereinafter called NDCA) and on other terms and conditions set forth in the Develoment Credit Agreement; WHEREAS by an agreement (hereinafter called the Project Agreement) dated October 9, 1970 between the Association, NDCA, the Tanganyika Tobacco Board (hereinafter called. TTB), and Tanganyika Tobacco Processing Company Limited (hereinafter called TTPC), NDCA, TTB and TTPC, in consideration of the Association's entering into the Development Credit Agreement, undertook certain obli- gations to the Association in respect of the carrying out of the above-mentioned Project; WHEREAS by a loan agreement dated December 15, 1970 between the Borrower and NDCA, the Borrower agreed to make available part of the proceeds of the Credit to NDCA for the purposes of said Project; 4 WHEREAS in consequence of the reorganization of cer- tain public corporations of the Borrower the Tanzania Rural Development Bank (hereinafter called TRDB) has been established by the Tanzania Rural Development Bank Act, 1971, for the purpose inter alia of promoting agricul- tural development in Tanzania; WHEREAS by the Public Corporations (Transfer of Assets and Liabilities) (Tanzania Rural Development Bank) Order, 1971, the Borrower has made provision for the trans- fer of the rights and liabilities of NDCA under the Project Agreement and the above-mentioned loan agreement to TRDB; WHEREAS the Association concurs in the foregoing ar- rangements; and WHEREAS the Borrower and the Association have, in view of the foregoing, agreed to amend the provisions of the Development Credit Agreement as hereinafter provided; Now THEREFORE the parties hereto hereby agree as follows: SECTION 1. Wherever used in this Agreement, unless the context shall otherwise require and subject to the amend- ments made herein, the several terms used in the Develop- ment Credit Agreement shall have the respective meanings therein set forth. SECTION 2. The definitions of the terms "Project Agree- ment" and "Subsidiary Loan Agreement" set forth in Section 1.02 of the Development Credit Agreement are amended as follows: (a) The term "Project Agreement" means the agree- ment dated October 9, 1970 between the Association, TRDB (as successor to NDCA by virtue of Public 5 Corporations (Transfer of Assets and Liabilities) (Tanzania Rural Development Bank) Order, 1971), TTB and TTPC, as the same may be amended or supplemented from time to time by agreement be- tween the Borrower, the Association, TRDB, TTB and TTPC. (b) The term "Subsidiary Loan Agreement" means the loan agreement dated December 15, 1970 between the Borrower and NDCA, as amended by the Public Corporations (Transfer of Assets and Liabilities) (Tanzania Rural Development Bank) Order, 1971, as the same may be further amended or supple- mented from time to time with the approval of the Association. SECTION 3. The following provisions of the Development Credit Agreement are amended by deleting from such pro- visions the term "NDCA" and substituting therefor the term " TRDB": (a) Sections 2.04, 4.01, 4.04, 4.05, 4.10, 4.11, and 5.02; (b) Category I of Schedule 1; and (c) Part C of Schedule 2. SECTION 4. Section 5.02 (c) of the Development Credit Agreement is amended by deleting the term "National Co-operative and Development Bank Act, 1954" and sub- stituting therefor the term "the Tanzania Rural Develop- ment Bank Act, 1971". SECTION 5. This Agreement shall come into force and effect on the date on which the Public Corporations (Trans- fer of Assets and Liabilities) (Tanzania Rural Develop- ment Bank) Order, 1971, shall come into operation. IN WITNESS WHEREOF, the parties hereto acting through their representatives duly authorized, have caused this 6 Agreement to be signed in their respective names and delivered in the District of Columbia, United States of America, as of the day and year first above written. UNITED REPUBLIC OF TANZANIA By /s/ G. RUTABANZIBWA Authorized Representative INTERNATIONAL DEVELOPMENT AssocIATIoN By /S/ MICHAEL L. LEJEUNE Director, Eastern Africa Department g