the Network and any other co-financiers will undertake joint appraisals
of such projects and use such opportunities, wherever possible, for the
purposes of building capacity. State Parties agree that DFis, through
the forum of the Network will ensure that, in relation to a mezzanine
debt structure involving both senior and junior debt, the parties holding
the junior debt are satisfied that all relevant risks have been
appropriately identified, priced and mitigated.
7.
State Parties agree that DFis may, through the forum of the Network,
make financing available for sustainable development and investment
projects by way of debt finance or by investing moneys in the form of
equity capital or otherwise, in any Entity or Enterprise or Public Entity
which is located in the Region, unless such financing activity is
prohibited by the Establishment Agreements or the relevant enabling
legislation of the OFIs.
8.
State Parties agree that DFis, through the forum of the Network, must,
in co-operating in the financing of investment projects in the Region,
and except as may be determined by the respective Establishment
Agreements and the relevant enabling legislation of DFis, explore,
among other things, the use of co-financing, syndication, subordination,
or other structured finance arrangements using, without limiting the
generality of the foregoing, any one or more combinations of the
following types of instruments or techniques:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
0)
(k)
(I)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
9
long-term debt (of a maturity of 6 or more years);
medium-term debt (of a maturity of 3-5 years);
short-term debt (of a maturity of 1-2 years);
lines of credit for on-lending purposes;
senior debt;
mezzanine debt;
junior debt;
project financing;
public-private investment partnerships;
variable, floating or fixed interest rates (including Floating Rate
Notes);
equity;
swaps;
securitisation;
guarantees, whether partial or full;
any other tailored-credit enhancement instrument;
special purpose vehicles;
export/import finance;
short-term trade finance;
state loans.
State Parties agree that, for purposes of this Article 9, OFIs, through the
forum of the Network, may finance Special Purpose Vehicles and pool
such resources as may be required within such Special Purpose
Vehicles.
94
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