The subject of the contract is "Granting a long-term bank loan in the amount of up to PLN 6,800,000.00 to finance the planned budget deficit and repayment of previously incurred liabilities".
Allocation of a long-term loan: to cover the deficit and to repay loans and / or borrowings from previous years, in accordance with the provisions of Resolution No. 3.1.a/32/2023 of the Adjudicating Chamber of the Regional Accounting Chamber in Warsaw of June 16, 2023 regarding the opinion on the possibility of repayment of a long-term loan taken by the Municipality of Wiskitki.
• The Contracting Authority allows the reimbursement of expenses already incurred for repayment of loan installments and covering the deficit up to the full amount of the loan.
• Loan period from the date of signing the loan agreement until 31 December 2031
• Grace period for repayment of loan principal installments until 31 March 2024
• The Ordering Party has the right to use the loan in the amount lower than PLN 6,800,000.00 by a maximum of 25%, without incurring additional costs (fees, commissions, etc.) for the benefit of the Contractor. In such a case, the Contracting Authority shall submit to the Contractor a statement on the cessation of collecting subsequent tranches.
• The Contracting Authority allows the possibility of collecting a loan in the form of one or more tranches by submitting an instruction to the Contractor to pay the tranche.
• Security: a blank promissory note with a promissory note declaration.
• Capital repayment schedule – in quarterly installments, according to the schedule agreed with the Contractor, the schedule will constitute an annex to the contract.
• Interest on the loan is accrued in quarterly accounting periods and payable on the date on the last working day of each quarter starting from the quarter during which the contract will be concluded.
• The loan will be used until 31 December 2023 in the "on demand" formula, i.e. after a written instruction to release the loan to the municipality's account.
• The commission (if the Contractor requires it) will be payable once within 30 days of signing the contract, except that the Contracting Authority allows the Contractors to apply a preparatory commission on the loan amount only once, i.e. commission for starting the loan.
• The interest rate on the loan will be calculated based on WIBOR 3M from quotations as at June 23, 2023 for the purpose of examining offers.
• Capital installments will be equal. Exceptions to this rule are equalizing installments (the Ordering Party encourages the first installment to be equalizing)
• The loan may not be charged with fees other than those listed and described in the SWZ.
• The Ordering Party has the right to early repayment of the loan in whole or in part, without additional costs (fees, commissions, etc.). The interest rate will then be calculated for the period of actual use of the loan.
• The Ordering Party specifies the method of determining the 3M WIBOR for calculating the interest rate on the loan calculated at the WIBOR 3M rate according to quotations for 10 calendar days preceding the accounting period.
• The contracting authority does not agree to sign a declaration of submission to enforcement in accordance with Article 97 of the Banking Law Act of 29 August 1997.
• The Contractor will transfer funds to the Ordering Party's account in a timely manner.
• All settlements between the Ordering Party and the Contractor will be conducted in Polish currency (PLN).
• The municipality will not submit a declaration of submission to enforcement under Civil Procedure Code Art. 777(1)(5).
• The Contractor will transfer funds to the Ordering Party's account in a timely manner.
• All settlements between the Ordering Party and the Contractor will be conducted in Polish currency (PLN).
• The Municipality's bank accounts are not subject to enforcement attachments.
• The municipality has no outstanding liabilities in banks.
• The Municipality did not conduct a program of remedial proceedings within the meaning of the Act of 27.08.2009 on public finances
• In the Municipality, debt collection activities initiated at the request of banks were not carried out through a court bailiff.
• A real calendar should be used to calculate interest on the loan.
• The Ordering Party has no liabilities under receivables, forfaiting, factoring, eFinancing, leasing.
• The Ordering Party did not grant sureties and guarantees to other entities.