A.I.D. Loan No. 497-T-054
AMENDMENT NO. 1 TO
LOAN AGREEMENT BETWEEN THE
REPUBLIC OF INDONESIA
and the
UNITED STATES OF AMERICA
for
SEDERHANA (SIMPLE) IRRIGATION
and
LAND DEVELOPMENT II
-is entered into between the REPUBLIC OF INDONESIA ("Borrower")
and the UNITED STATES OF AMERICA, acting through the AGENCY
FOR INTERNATIONAL DEVELOPMENT ("A.I . D.").
WITNESSETH:
WHEREAS, the Borrower and A. I.D. entered into a
loan agreement, designated as A.I.D. Loan 497-T-054, on
August 31, 1978, ("Loan Agreement"), whereby A. I.D.agreed
to lend to the Borrower up to Fourteen Million Seven Hundred
Thousand United States Dollars ($14,700,000) to assist the
Borrower in carrying out a program to plan and implement
Sederhana (Simple) Irrigation and Land Development Systems;
to increase food crop production; and to increase income
and employment opportunities in the rural areas included
within the project; and
WHEREAS, the Borrower and A.I.D. desire to amend
the Loan Agreement to reflect an increase of $10,300,000
in t he amount of the Loan from $14,700,000 to $25,000,000;
NOW, THEREFORE, the Borrower and A.I.D . hereby
agr e e that the Loan Agreement for A. I. D. Loan No. 497-T-054
is h e reby amended as follows:
-2-amended by substituting the words "twenty-five million
United States ("U .S." ) dollars ($25,000,000)" for the words
"fourteen million seven hundred thousand United States
("U.S.") dollars ($14,700,000)."
2.
Section 3.2 (b) of the Loan Agreement is
hereby amended by substituting "U.S. $20,700,000" for
"U.S. $12,200,000."
3 .
Section 4.1 of the Loan Agreement is hereby
amended to read as follows:
"Section 4.
1.Interest
(a)
The Borrower will pay to A.I.D. interest on the
first $14,700,000 of Principal which will accrue at the
rate of two percent (2%) per annum for ten (10) years
following the date of the first disbursement of the first
$14,700,000 of Principal hereunder and at the rate of
three percent (3%) per annum thereafter on the outstanding
balance of the first $14,700,000 of Principal and on any
due and unpaid interest on said balance of Principal.
Interest on the outstanding balance of the first
$14,700,000 of Principal will accrue from the date (as
defined in Section 8.5) of each respective disbursement
thereof, and will be payable semiannually.
The first
payment of interest on the first $14,700,000 of Principal
will be due and payable no later than six (6) months after
hereunder on a date to be specified by A.I.D.
(b) The Borrower will pay to A.I.D. interest on the
balance of Principal in excess of the first $14,700,000 of
Principal (remaining balance) which will accrue at the rate
of two percent (2%) per annum for ten (10) years following
the date of the first disbursement of the remaining balance
and at the rate of three percent
(3%)
per annum thereafter on the outstanding remaining balance and on any due andunpaid interest thereon. Interest on the outstanding
remaining balance will accrue from the date (as defined
in Section 8.5) of each respective disbursement thereof,
and will be payable semiannually. The first payment of
interest on the remaining balance will be due and payable
no later than six (6) months after the first disbursement
of the remaining balance hereunder on a date to be specified
by A.I. D."
4. Section 4.2 of the Loan Agreement is hereby
amended to read as follows:
"Section 4.2. Repayment.
(a) The Borrower will repay to A.I.D. the first
$14,700,000 of Principal within thirty (30) years from
the date of the first disbursement of the first $14,700,000
of Principal under the Loan in forty-one (41) approximately
-4-The first installment of the first $14,700,000 of Principal
will be payable nine and one-half HYセI@ years after the date
on which the first interest payment is due on the first
$14,700,000 of Principal in accordance with Section 4.1.
(b) The Borrower will repay to A.I.D. the remaining
balance of Principal in excess of the first $14,700,000 of
Principal within forty (40) years from the date of the
first disbursement of such remaining balance of Principal
under the Loan in sixty-one (61) approximately equal
semi-annual installments of Principal and interest . The first
installment of the remaining balance of Principal in excess
of the first $14,700,000 of Principal will be payable nine
and one-half HYセI@ years after the date on which the first interest payment is due on such remaining balance in
accordance with Section 4.1.
(c) A.I.D. will provide the Borrower with amortization
schedules in accordance with this Section after final
dis-bursement under the Loan."
5. A new Section 5.1-A is added to the Loan
Agreement to read as follows:
"Section 5.1-A . First Disbursement Under Amendment No. 1
to the Loan Agreement. Prior to the first disbursement or
to the issance by A.I.D., of documentation pursuant to
under Amendment No. 1 to the Loan Agreement, the Borrower
will, except as the Parties may otherwise agree in writing,
furnish to A.I.D. in form and substance satisfactory to
A.I.D. an opinion of the Minister of Justice of the Borrower
that this Amendment No. 1 to the Loan Agreement has been
duly authorized and/or ratified by, and executed on behalf
of . the Borrower, and that it constitutes a valid and legally
binding obligation of the Borrower in accordance with all
of its terms."
6. A new Section 5.6-A is added to the Loan
Agreement to read as follows:
"Section 5.6-A. Notification Under Amendment No. 1 to the
Loan Agreement. A.I.D. shall notify the Borrower upon
determination by A.I.D. that the condition precedent to
first disbursement specified in Section 5.1-A has been met."
7. A new Section 5.7-A is added to the Loan
Agreement to read as follows:
"Section 5.7-A. Terminal Dates for Meeting Condition Precedent
to Disbursement Under Amendment No. 1 to the Loan Agreement .
If the condition specified in Section 5.1 - A shall not have
been met within 90 days from the date of this Amendment No. 1,
or such la ter date as A.I.D. may agree to in writing, A.I . D.,
at its option, nay terminate this Amendment No. 1 by giving
-6-8. Except as hereinabove expressly amended, the
Loan Agreement remains in full force and effect in accordance
with all of its terms .
IN WITNESS WHEREOF , the Borrower and the United
States of America, each acting through its respective duly
authorized representative, have caused this Amendment No. 1
to be signed in their names and delivered as of the day and
year first above written .
REPUBLIC OF INDONESIA
Signed
By:
M. Panggabean
Minister for Foreign Affairs, ad interim