Suspending Withdrawals
3.14 ADB may suspend in whole or in part the borrower’s right to withdraw from the loan
account, as provided in the Loan Regulations, if after the date of the loan agreement
there is
ȕ nonpayment of principal, interest, or any other charge;
ȕ nonperformance of any obligation under the loan, guarantee, or project
agreements;
ȕ nonfulfillment by the borrower, the guarantor, or the EA of certain conditions
necessary for carrying out its project successfully;
ȕ suspension or cessation of membership of the borrower;
ȕ misrepresentations made by the borrower or the guarantor;
ȕ dissolution of the borrower or EA; or
ȕ any other event as specified in the loan agreement.
Accelerating Maturity
3.15 If certain events as indicated in the loan agreement or in the Loan Regulations occur
and continue for the period, ADB may declare as due and payable immediately
the principal of the loan then outstanding, together with all accrued interest and
other charges.
The Asian Development Bank (ADB) is a multilateral development finance institution
founded in 1966 to promote social and economic progress in its developing member
countries in Asia and the Pacific (see ADB’s website: http://www.adb.org/about/main).
2.2 ADB’s principal functions are
- lending funds,
- providing grants,
- providing technical assistance and advisory services,
- promoting investments for development purposes, and
- assisting in coordinating the development policies and plans of developing
member countries.
Inquiries
2.3 Loan disbursement is handled by the Loan Administration Division of the Controller’s
Department.
2.4 For loan service payments and billing matters, inquiries are addressed to the
Accounting Division of the Controller’s Department.
Loan or Grant Regulations
3.4 The regulations4
further set out conditions for the use of loan or grant proceeds
financed by ADB, or proceeds administered by ADB.
5
These documents are expressly
incorporated in the associated loan agreement, guarantee agreement, or grant
agreement. If any provision of a loan agreement, guarantee agreement, or grant
agreement is inconsistent with a provision of these regulations, the provision of the
loan agreement, guarantee agreement, or grant agreement governs.
Loan Documents
3.5 Loan documents
6
include the following documents and agreements:
ȕ Thereport and recommendation of the President to the Board of Directors
(RRP) presents the project proposal for consideration by the ADB Board.
ȕ Theproject administration manual (PAM)
7
includes all the information and
schedules describing project implementation and project readiness filters
covering major preproject implementation actions (e.g., government approvals,
procurement, and resettlement) to ensure a rapid start-up and enable early
disbursement. It is mandatory
8
that the PAM be referenced in the RRP and in
the loan (or facility) agreements, is presented as a stand-alone linked document
to the RRP, and serves as the main document describing implementation details.
The PAM is prepared in the course of loan processing and initially agreed with
the government at the loan fact-finding stage. At loan negotiations, the borrower
and ADB shall review and confirm the PAM agreed during loan fact-finding to
ensure consistency with the loan agreement, and such confirmation shall be
reflected in the minutes of the loan negotiations. The detailed cost estimate by
financier (one schedule included in the PAM) is prepared based on Section J6 of
the ADB Operations Manual (Appendix 3A).
9
Related illustrative tables are also
provided in this handbook (Appendix 3B).
ADB may suspend in whole or in part the borrower’s right to withdraw from the loan
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