Πέμπτη 10 Ιανουαρίου 2013

Μνημόνιο - τεκμηρίωση της απώλειας εθνικής κυριαρχίας.

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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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