This restructuring paper concerning the District Heating Energy Efficiency Project in Ukraine proposes changes in order to waive the effectiveness conditions related to the Public Commercial Utility "Donetskmiskteplomerezha" namely: (i) the execution of the Project Agreements (PAs) on behalf of "Donetskmiskteplomerezha"; and (ii) receipt by the Bank of a satisfactory legal opinion confirming, on behalf of "Donetskmiskteplomerezha", that said PAs have been duly authorized or ratified and executed and delivered on its behalf, and is legally binding upon it in accordance with the agreements' terms. The change is requested because it is not feasible for the Bank to sign PAs with Donetskmiskteplomerezha. Because there is an existing disbursement condition in the Loan Agreements that allows Loan monies to flow to Donetskmiskteplomerezha only after the Borrower signs a Subsidiary Agreement with the utility, the proposed waiver will be conditioned on the Borrower agreeing not to sign the SA with Donetskmiskteplomerezha until the above conditions (i) and (ii) have been satisfied.
