Page:UN Treaty Series - vol 221.pdf/402

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390
United Nations — Treaty Series
1955

be required in order to give the Bank a first mortgage or first mortgages covering the properties which shall have been acquired in accordance with this subsection at the date of such request. In the event the par value of the currency of the Guarantor is reduced or the foreign exchange value of the currency of the Guarantor has, in the opinion of the Bank, depreciated to a significant extent, the Borrower shall from time to time promptly upon the Bank's request execute and deliver to the Bank such additional supplemental first mortgage or mortgages in form and substance satisfactory to the Bank as may be required to make the aggregate amount in the currency of the Guarantor for which all mortgages created hereunder may be recordable or may have been recorded equivalent to the aggregate amount in the currencies other than the currency of the Guarantor required for the payment of principal of, and interest on, the Loan and the Bonds, calculated on the basis of such reduced par value or depreciated foreign exchange value respectively, and for the purpose of such calculation the par value or the foreign exchange value of the currency of the Guarantor in terms of any such other currency shall be as reasonably determined by the Bank.

All such mortgages shall equally and ratably secure payment of the principal of, interest, premium, if any, on prepayment or redemption, and other charges on, the Loan and the Bonds.

(b) Except as the Bank shall otherwise agree, the Borrower shall report to the Bank at intervals of one year all property acquired in accordance with subsection (a) of this Section which the Borrower shall have acquired during the preceding year and which has not theretofore been covered by the Mortgage.

(c) The Borrower shall duly record, register and file and re-record, re-register and re-file the Mortgage in every jurisdiction for which the Bank may from time to time request any such recordation, registration or filing or where such recordation, registration or filing may be necessary or desirable in order to render or maintain the Mortgage a valid and enforceable first lien.

The Bank shall have the right to record and re-record the Mortgage in the appropriate land register (Grundbuch) at any time after the execution and delivery of the Mortgage.

(d) Whenever the Bank shall so request after the execution and delivery of any supplemental mortgage, the Borrower shall within 30 days after the date of such request furnish to the Bank an opinion or opinions of counsel acceptable to the Bank that such supplemental mortgage has been duly authorized or ratified by, and executed and delivered on behalf of, the Borrower and that it constitutes a valid and enforceable first lien in accordance with its terms.

(e) The Borrower shall take all such other steps and execute and deliver all such other documents as the Bank may from time to time reasonably request or as may from time to time be required in order to render or maintain the Mortgage a valid and enforceable first lien. Section 5.05. No delay in exercising, or omission to exercise, any right or power accruing to the Bank under the Assignment or under the Mortgage shall affect or impair any obligation of the Borrower under the Loan Agreement.

No. 531