of September 30, 2016 No. 89
About establishment of standard form of the agreement on provision of the guarantee
Based on part eight of subitem 1.7 of Item 1 of the Presidential decree of the Republic of Belarus of April 28, 2006 No. 277 "About some questions of regulation of the security market", Item 10 of the Regulations on the Ministry of Finance of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1585 "Questions of the Ministry of Finance of the Republic of Belarus", the Ministry of Finance of the Republic of Belarus DECIDES:
1. Establish standard form of the agreement on provision of the guarantee according to appendix.
2. This resolution becomes effective after its official publication.
First Deputy Minister
M. L. Yermolovich
Appendix
to the Resolution of the Ministry of Finance of the Republic of Belarus of September 30, 2016 No. 89
Standard form
___ ____________ 20 ___ _________________________
(date of the conclusion of the agreement) (place of agreement)
____________________________________________________________________________,
(full name of the issuer)
the hereinafter referred to as Issuer, on behalf of ________________________________________,
(position, surname, initials)
acting on the basis of the ____________________________________________________
(name of the constituent document
____________________________________________________________________________,
(powers of attorney, law)
on the one hand, and ____________________________________________________________,
(full name of the guarantor)
the hereinafter referred to as Guarantor, on behalf of _____________________________________,
(position, surname, initials)
acting on the basis of the ____________________________________________________
(name of the constituent document
____________________________________________________________________________,
(powers of attorney, law)
on the other hand, in case of joint mentioning referred to as further with the Parties, signed this agreement (further - the agreement) as follows:
Subject of the agreement
1. Under the agreement Guarantor assumes the unconditional and irrevocable obligation solidary with the Issuer to fulfill obligations on bonds _____________________________________________________________________________
(number of release, quantity, nominal value
_____________________________________________________________________________
bonds, type and the size of the income (procedure for its determination) if it is provided by conditions
_____________________________________________________________________________
release, specifying on the fact that bonds are bonds to bearer
___________________________________________________________ (further - bonds)
(in case of bond emission to bearer)
before their owners in amount __________________________________________________
(amount of obligations, on which
_____________________________________________________________________________
the guarantee, in cash equivalent is provided)
in case of non-execution or improper execution of these obligations by the Issuer.
2. Based on the agreement Guarantor considers himself signed the guarantee agreement with any person who is the bondholder. Implementation by the bondholder of the rights of the creditor according to the guarantee agreement does not require participation in other agreements with the Issuer and the Guarantor and is based on the agreement.
3. In case of non-execution or improper execution by the Issuer of obligations on bonds pass the rights of bondholders in that amount in which the Guarantor met their requirements to the Guarantor.
Duration of the agreement
4. The agreement becomes effective from the moment of its signing by the Issuer and Guarantor and is effective during all circulation period of bonds, and also within three months after the termination of circulation period of bonds.
5. The contract is withdrawn after obligation fulfillment on bonds (including early repayment of all bond issue) or after three months after the termination of circulation period of bonds if bondholders do not impose in the specified three-months time requirements about payment of money for bonds to the Issuer or the Guarantor.
Rights and obligations of the Parties
6. The guarantor shall:
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The document ceased to be valid since January 20, 2024 according to Item 3 of the Resolution of the Ministry of Finance of the Republic of Belarus of July 14, 2023 No. 39