- Status
- Closed
Background
The partly built unit 2 at Khmelnitski nuclear power plant (K2) and the partly built unit 4 at Rovno nuclear power plant (R4) are located in Ukraine, operated by Energoatom, the national nuclear power operator. Ukraine/Energoatom launched a project to complete and modernise K2 and R4 at an estimated cost of about EUR 1.5 bn (the Project).
With a view to financing this Project, Energoatom, with the support of the Government of Ukraine, requested a Euratom loan to partially finance the Project.
Under Contract no. 99-0169 of 31.8.1999, Linklaters drafted the Loan and Guarantee Agreements for this Euratom loan and assured contact with Euratom's Ukrainian counsel.
Objectives
The objectives of this contract were:
1. To examine and advise the Commission on successive drafts (including signing and putting into force) of the Loan and Guarantee Agreements and the contracts and documents ancillary thereto (e.g. the EBRD loan and guarantee agreements, inter-creditor agreement, accounts agreement, retention agreement, legal opinions).
2. To examine and advise the Commission in connection with the Conditions Precedent documentation related to the Loan and Guarantee Agreements for the Euratom loan.
3. Liaison with Euratom's Ukrainian counsel for the provision of due diligence research as necessary for the execution of the tasks described herein and the legal opinion relating to the Euratom Loan and Guarantee Agreements.
Results
The project was carried out according to the objectives stated above. Specifically:
On the basis of the loan Term Sheet provided by the Commission and the resulting draft Agreements in connection with Contract no. 99-0169 of 10.09.1999, the Contractor advised the Commission on the contracts in relation to this Euratom loan and when required by the Commission attended negotiation meetings.
If further drafts were required, these were the object of a further request for services at a later stage.
Two deliverables were produced:
(a) Advice to fulfill the objectives, as and when requested by the Commission
(b) Attendance at negotiations to fulfill the objectives, as and when requested by the Commission.