Conformed Copy - L3856 - Financial Sector Development Project - Backstop Facility Guarantee Agreement

Page 1 CONFORMED COPY LOAN NUMBER 3858 IN Backstop Facility Guarantee Agreement (Financial Sector Development Project) between INDIA and INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT Dated March 24, 1995 LOAN NUMBER 3858 IN GUARANTEE AGREEMENT AGREEMENT, dated March 24, 1995, between India (acting by its President) (the Guarantor) and INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT (the Bank). WHEREAS (A) the Guarantor and INDUSTRIAL DEVELOPMENT BANK OF INDIA (IDBI) (the Borrower), having been satisfied as to the feasibility and priority of the Project described in Schedule 2 to the Backstop Facility Loan Agreement as hereinafter defined, have requested the Bank to assist in the financing of Part C of the Project; (B) by a Backstop Facility Loan Agreement of even date herewith between the Bank and the Borrower, the Bank has agreed to extend to the Borrower a loan in various currencies equivalent to two hundred million dollars ($200,000,000) (the Backstop Loan), on the terms and conditions set forth in the Backstop Facility Loan Agreement, but only on condition that the Guarantor agree to guarantee the obligations of the Borrower in respect of such loan as provided in this Agreement; (C) the Guarantor has requested the Bank to provide assistance towards the financing of Part A of the Project and by an agreement of even date herewith between the Guarantor and the Bank (Capital Restructuring Loan Agreement), the Bank is agreeing to provide such assistance in an aggregate principal amount equivalent to three hundred and fifty million dollars ($350,000,000) (the Capital Restructuring Loan); (D) the Borrower has requested the Bank to provide assistance towards the financing of Part B of the Project and by an agreement of even date herewith between the Borrower and the Bank (Modernization and Institutional Development Loan Agreement), the Bank is agreeing to provide such assistance in an aggregate principal amount equivalent to one hundred and fifty million dollars ($150,000,000) (the Page 2 Modernization and Institutional Development Loan); (E) by a Guarantee Agreement of even date herewith (the Modernization and Institutional Development Guarantee Agreement) the Guarantor has agreed to guarantee the obligations of the Borrower in respect of the Modernization and Institutional Development Loan as provided in said Modernization and Institutional Development Guarantee Agreement; and WHEREAS the Bank has agreed, on the basis, inter alia, of the foregoing, to extend the Loan to the Borrower upon the terms and conditions set forth or referred to in this Agreement, the Capital Restructuring Loan Agreement, the Backstop Facility Loan Agreement, the Modernization and Institutional Development Loan Agreement, the Modernization and Institutional Development Guarantee Agreement and the Project Agreement respectively; WHEREAS the Guarantor, in consideration of the Bank's enter-ing into the Backstop Facility Loan Agreement with the Borrower, has agreed to guarantee such obligations of the Borrower; NOW THEREFORE the parties hereto hereby agree as follows: ARTICLE I General Conditions; Definitions Section 1.01. The "General Conditions Applicable to Loan and Guarantee Agreements for Single Currency Loans" of the Bank, dated February 9, 1993, constitute an integral part of this Agreement. Section 1.02. Unless the context otherwise requires, the several terms defined in the General Conditions and in the Preamble to this Agreement and in the Preamble to and Section 1.02 of the Backstop Facility Loan Agreement have the respective meanings therein set forth. ARTICLE II Guarantee; Provision of Funds; Other Obligations Section 2.01. The Guarantor declares its commitment to the objectives of the Project as set forth in Schedule 2 to the Backstop Facility Loan Agreement, and, to this end, without limitation or restriction upon any of its other obligations under the Guarantee Agreement, the Guarantor hereby unconditionally guarantees, as primary obligor and not as surety merely, the due and punctual payment of the principal of, and interest and other charges on, the Backstop Facility Loan, and the premium, if any, on the prepayment of said Loan, and the punctual performance of all the other obligations of the Borrower, all as set forth in the Backstop Facility Loan Agreement. Section 2.02. Without limitation or restriction upon the provisions of Section 2.01 of this Agreement, the Guarantor specifically undertakes, whenever there is reasonable cause to believe that the funds available to the Borrower will be inadequate to meet the estimated expenditures required for the carrying out of the Project, to make arrangements, satisfactory to the Bank, promptly to provide the Borrower or cause the Borrower to be provided with such funds as are needed to meet such expenditures. ARTICLE III Representatives of the Guarantor; Addresses Section 3.01. Any Secretary, Additional Secretary, Joint Secretary, Director, Deputy Secretary or Under Secretary of the Department of Economic Affairs in the Ministry of Finance of the Borrower is designated as representative of the Borrower for the purposes of Section 11.03 of the General Conditions. Section 3.02. The following addresses are specified for the purposes of Section 11.01 of the General Conditions: For the Guarantor: The Secretary to the Government of India Ministry of Finance Department of Economic Affairs Page 3 New Delhi, India Cable address: Telex: ECOFAIRS 953-3166175 New Delhi For the Bank: International Bank for Reconstruction and Development 1818 H Street, N.W. Washington, D.C. 20433 United States of America Cable address: Telex: INTBAFRAD 197688 (TRT), Washington, D.C. 248423 (RCA), 64145 (WUI) or 82987 (FTCC) 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. INDIA By /s/ N. Valluri Authorized Representative INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT By /s/ H. Vergin Acting Regional Vice President South Asia