1. The subject of the contract is the granting of a long-term loan in the amount of PLN 4,550,000.00 for the Municipality of Siewierz.
2. The loan will be granted in the amount of PLN 4,550,000.00 to finance the planned deficit of the municipal budget and previously incurred liabilities.
3. Loan release – from the date of signing the contract until 31.12.2023 in tranches depending on the needs of the Ordering Party, launched on the basis of a written application of the Ordering Party submitted to the bank by e-mail or fax no later than 2 business days before the planned date of payment to the bank account indicated by him.
4. The Ordering Party reserves the right not to use the credit in full without incurring additional costs.
5. Interest rate on the loan variable throughout the loan period, based on the WIBOR 3M rate, calculated as the average of the last 10 quotations preceding a given interest period and increased by the bank's fixed margin.
1. The loan will be repaid in 50 installments according to the repayment schedule (Annex 2 to the SWZ) from 31/08/2024 to 31/10/2030, it is assumed that if the repayment date of loan installments falls on a Saturday or a public holiday, the last day of the deadline is considered to be the next day after the day or days off from work.
2. Interest shall be repaid from the moment the loan is disbursed on a monthly basis, on the last working day of a calendar month, it being assumed that if the last day of a calendar month falls on a Saturday or a public holiday, the last day of the period is considered to be the next day after the non-working day or days, and the month counts the actual number of days, and the interest year 365 days (366 days in the case of leap years).
3. The Ordering Party reserves the right to repay the loan early, without the bank collecting the remaining interest and additional fees related to servicing the loan. Early repayment of credit funds results in their automatic and immediate crediting to subsequent due installments, following the repayment, without additional requests from the Ordering Party.
4. The Ordering Party reserves the right to extend the repayment of the principal upon request without charging any additional fees and commissions by the bank. The extension will not extend the loan period and will consist in extending the repayment of the installment by a maximum of 4 months. The last installment of the loan repayment is not subject to extension.
5. Loan security – blank promissory note together with a promissory note declaration. The treasurer countersigns only the bill of exchange declaration.
6. The contracting authority stipulates that the agreement may not contain provisions authorizing the bank to debit the municipality's account on the due date in order to repay liabilities to the bank in accordance with the requirements of Article 264(5) of the Public Finance Act of 27 August 2009 (consolidated text, Journal of Laws of 2023, item 1270, as amended)
7. The contracting authority shall not submit to bank enforcement and shall not submit a declaration of submission to enforcement – the obligation to settle liabilities results from generally applicable provisions of a local government unit, which is the Municipality of Siewierz.
8. The Ordering Party shall not incur any other costs apart from those specified in the SWZ in Appendix 2.
9. The Contractor shall submit to the indicated e-mail address written information to the Contracting Authority about the total interest rate for a given accounting period and the nominal amount of interest due for this period, within 7 days from the beginning of the accounting period.
10. In the event of lack of availability of the loan, within the time specified in point 2., the Ordering Party reserves the right to compensation for losses incurred on general terms.
11. The Contracting Authority shall present the Opinion of the Regional Accounting Chamber in Katowice on the possibility of repayment of a long-term loan in the amount of PLN 4,550,000.00 before signing the contract.
12. The Contractor shall have a permit from the President of NBP to perform banking activities or other equivalent documents as at the date of signing the contract.
13. In the event of liquidation of the 3M WIBOR rate, it will be replaced by the rate closest in size and nature to the 3M WIBOR rate.
14. The Contractor acknowledges that the variability of the interest rate guarantees that the Contractor will not lose on this contract and it is a factual mechanism ensuring appropriate adjustment of its remuneration.