ΕΦΗΜΕΡΙΣ ΤΗΣ ΚΥΒΕΡΝΗΣΕΩΣ (ΤΕΥΧΟΣ ΠΡΩΤΟ) 5773
240/2012
(Απόσπασμα της πράξης Νομοθετικού περιεχομένου που θα ψηφιστεί στη Βουλή την ερχόμενη Δευτέρα.)
4. GOVERNING
LAW AND JURISDICTION
4.1 This Amendment Agreement and any non-contractual
obligations arising out
of or in connection with it shall be governed by and
shall be construed in
accordance with English law.
4.2 The parties undertake to submit any dispute which
may arise relating to the
legality, validity, interpretation or performance of
this Amendment
Agreement to the exclusive jurisdiction of the courts
of the Grand Duchy of
Luxembourg.
4.3 Clause 3.2 is for the benefit of EFSF only. As a
result, nothing in Clause 3.2
prevents EFSF from taking proceedings relating to a
dispute ("Proceedings")
in the courts of the domicile of the Beneficiary
Member State or of the
governing law of this Amendment Agreement and the
Beneficiary Member
State hereby irrevocably submits to the jurisdiction
of such courts. To the
extent allowed by law, EFSF may take concurrent
Proceedings in any number
of such jurisdictions.
4.4 The Beneficiary Member State, the
Bank of Greece and the Hellenic
Financial Stability Fund each hereby
irrevocably and unconditionally waives
all immunity to which it is or may
become entitled, in respect of itself or its
assets, from legal proceedings in
relation to this Amendment Agreement,
including, without limitation, immunity from
suit, judgement or other order,
from attachment, arrest or injunction
prior to judgement, and from execution
and enforcement against its assets to
the extent not prohibited by mandatory
law.
5. ENTRY INTO
FORCE
5.1 Following its signature by all parties, this
Amendment Agreement and all the
amendments to the Master Facility Agreement to be
effected hereby shall
enter into force only on the date (the "Effective Date") when all of the
following conditions are satisfied:
(a) EFSF has received the official notification in the
form of the Legal
Opinions set out in the forms Annex 1 that this Amendment
Agreement has been duly executed on behalf of the
Beneficiary
Member State, the Bank of Greece and HFSF and all
obligations of
the Beneficiary Member State, the Bank of Greece and
HFSF in
relation to this Amendment Agreement are valid,
binding and
enforceable in accordance with their terms and (other
than satisfaction
of the conditions in this Clause 5.1) nothing further
is required to give
effect to the same;
(b) On or before 13 December 2012, the troika has
confirmed that the
aggregate principal amount of all Greek sovereign
obligations in
respect of which tenders for exchange are received in
connection with
the Debt Buy-Back Operations and which Greece proposes
to accept
contributes together with the initiatives set out in
the Eurogroup
Statement to the recovery of the debt sustainability
of the public
sector in Greece; and
(c) On or before 13
Decembe
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