Direct agreements are made by lenders with major subcontractors to enable them to enter into contractual relationships and to pursue them if one of the parties to this subcontract wishes to terminate the contract or withdraw it from the contract or if it enters the main project agreement. Does the law of the host country allow such agreements to be concluded and implemented? Is it possible for the party to intervene to limit its commitments (for example. B to accept only debts incurred at the time of intervention)? Is there, even if it is possible to enter into direct agreements, to limit the ability of lenders as third parties to obtain guarantees from contractors? In the event of termination of the concession contract, lenders have guarantees for the project assets. However, the project assets should not be worth the value of the outstanding debt. As a result, lenders often require the right to resume the project when the project company has not fulfilled its obligations and the lender intends to terminate the concession contract or acquisition contract. The progressive provisions give lenders the right to enter into the rights and obligations of the project company under the project documents. Lenders will want to ensure that the lender is able to proceed with the project gradually. However, the lenders themselves will not want to participate in the process itself. As a general rule, they will assign a “replacement unit” to replace them.
Multilateral financing agencies: some projects, particularly in developing countries, are co-financed by the World Bank or its investment bank, the International Finance Corporation or regional development banks such as the European Bank for Reconstruction and Development or Asian development banks. Multilateral agencies such as these are able to ensure the banking capacity of a project by providing commercial banks with some protection from political risks. B, such as the inability of a government to make agreed payments or issue the necessary administrative authorizations. If there are to be multiple lenders, are there trust structures that allow an agent to hold the security of the various lenders in trust, or does any interest in securities have to be registered/formalized by a notary? If available, does the law impose a specific restriction or limitation on the structure? If necessary, a direct agreement may include clauses in which the consideration of the project document accepts the collection or transfer by the security of the rights of the project company, in accordance with the project document.