Zambia - Privatization And Industrial Reform Credit : Credit 2405 - Credit Agreement - 3 - Conformed

CREDIT NUMBER 2405 ZA (Second Amendment) Second Agreement Amending Development Credit Agreement (Privatization and Industrial Reform Adjustment Credit) between REPUBLIC OF ZAMBIA and INTERNATIONAL DEVELOPMENT ASSOCIATION Dated , 1994 CREDIT NUMBER 2405 ZA (Second Amendment) SECOND AGREEMENT AMENDING DEVELOPMENT CREDIT AGREEMENT AGREEMENT, dated / ' Zg , 1994, between the REPUBLIC OF ZAMBIA (the Borrower) and the INTERNATIONAL DEVELOPMENT ASSOCIATION (the Association). WHEREAS: (A) the Borrower and the Association have entered into a Development Credit Agreement (Privatization and Industrial Reform Adjustment Credit), dated July 13, 1992, (the Development Credit Agreement) for the purpose of assisting in the financing of the program referred to in Recital (A) of the Preamble to the Development Credit Agreement (the Program); (B) the Borrower and the Association have entered into an agreement dated March 23, 1993 (the First Amending Agreement) amending the Development Credit Agreement for the purpose of providing the Borrower with additional assistance in the financing of the Program; (C) the Borrower has requested the Association to provide further additional assistance towards the financing of the Program by increasing the amount made available under the Development Credit Agreement by an amount in various currencies equivalent to twelve million one hundred and ten thousand Special Drawing Rights (SDR 12,110,000); and (D) the Association has agreed on the basis, inter alia, of the foregoing, to provide such additional assistance to the Borrower upon the terms and conditions set forth in this Agreement; NOW THEREFORE the parties hereto hereby agree as follows: ARTICLE I Amendments to the Development Credit Agreement Section 1.01. Section 1.02 of the Development Credit Agreement is amended by the deletion of the word "and" at the end of Sub- section (e); the deletion of the punctuation mark "." at the end of Subsection (f); and the substitution therefor of the word and punctuation mark 'I; and", and by the addition of a new Subsection (g) as follows: - 2 - "(g) "Second Amending Agreement" means the Second Agreement Amending the Developr-ent Credit Agreement (Privatization and Industrial Reform Adjustment Credit) between the Borrower and the Association, dated Section 1.02. Section 2.01. of the Develcpment Credit Agreement is amended to read as follows: "Section 2.01. The Association agrees to lend to the Borrower, on the terms and conditions set forth or referred to in the Development Credit Agreement, an amount in various currencies equivalent to one hundred and seventy-three million one hundred and eighty thousand Special Drawing Rights (SDR 173,180,000) (the Credit), which includes an original amount in various currencies equivalent to one hundred forty-six million Special Drawing Rights (SDR 146,000,000), an additional amount in various currencies equivalent to fifteen million seventy thousand Special Drawing Rights (SDR 15,070,000) (the Additional Financing) and a further additional amount in various currencies equivalent to twelve million one hundred and ten thousand Special Drawing Rights (SDR 12,110,000) (the Second Additional Financing)." Section 1.03. An additional proviso is added at the end of Section 2.04 (a) of the Development Credit Agreement reading as follows: "; provided, however, that any commitment charge on the Second Additional Financing shall accrue from a date sixty (60) days after the date of the Second Amending Agreement." Section 1.04. Paragraph 2 (g) of Schedule 1 to the Development Credit Agreement is amended to read as follows: "(g) expenditures in excess of an aggregate amount equivalent to SDR 85,590,000 for petroleum products and foodstuffs." Section 1.05. The following paragraph is added at the end of Schedule 1 to the Development Credit Agreement: "7. After a date twelve months from the date of the Second Amending Agreement, no withdrawals shall be made and no commitment shall be entered into to pay amounts to, or on the order of, the Borrower in respect of expenditures to be - 3 - financed out of the proceeds of the Second Additional Financing. At any time after such date, the Association may, by notice to the Borrower, cancel the unwithdrawn amount of the Second Additional Financing from the Credit Account or any part thereof." ARTICLE II Effective Date; Termination Section 2.01. This Agreement shall not become effective until evidence satisfactory to the Association shall have been furnished to the Association that the execution and delivery of this Agreement on behalf of the Borrower have been duly authorized or ratified by all necessary governmental action. Section 2.02. As part of the evidence to be furnished pursuant to Section 2.01 of this Agreement, there shall be furnished to the Association an opinion or opinions satisfactory to the Association of counsel acceptable to the Association showing, on behalf of the Borrower, that this Agreement has been duly authorized or ratified by, and executed and delivered on behalf of, the Borrower and is legally binding upon the Borrower in accordance with its terms. Section 2.03. This Agreement shall come into force and effect on the date upon which the Association shall dispatch to the Borrower notice of its acceptance of the evidence required by Section 2.01 of this Agreement. Section 2.04. If this Agreement shall not have come into force and effect by a date sixty (60) days after the date of this Agreement, this Agreement and all obligations of the parties hereunder shall terminate unless the Association establishes a later date for the purposes of this Section. If this Agreement shall terninate under the provisions of this Section, the Development Credit Agreement shall continue in full force and effect as if this Agreement had not been executed. IN WITNESS WHEREOF, the parties hereto, acting through their duly authorized representatives, have caused this Agreement to be signed in their respective names in the District of Columbia, United States of America, as of the day and year first above written. REPUBLIC OF ZAMBIA By 1/< d?4Q,td1c Authorized Representative INTERNATIONAL DEVELOPMENT ASSOCIATION Regi al7ice-President Africa INTERNATIONAL DEVELOPMENT ASSOCIATION CERTIFICATE I hereby certify that the foregoing is a true copy of the original in the archives of the International Bank for Reconstruction and Development and the International Development Association. FOR SECRETARY