10
State Parties agree that DFI's will, through the forum of the Network, for
purposes of facilitating the use of the instruments contemplated in
paragraph 7 above, co-operate in the creation of an enabling regulatory
environment in order to develop vibrant financial and capital markets in
the Region.
11
State Parties agree that, in accordance with paragraph 8 above, DFis
may, through the forum of the Network, engage in transactions amongst
themselves aimed at financing different project cycles of a sustainable
development or investment project, depending upon the nature of the
project, the individual financing mandates of the respective DFis and
the financing requirements at each project cycle.
ARTICLE 10
PREFERRED CREDITOR STATUS OR PARI PASSU RANKING
1.
State Parties agree that in order to enable DFis, through the forum of
the Network to operate effectively and with minimal risk in the financing
of investment projects in the public sector, the State Party will grant
Preferred Creditor Status to those DFis which are or will be financing
such investment projects.
2.
State Parties agree that any State Party unable to grant Preferred
Creditor Status, as contemplated in paragraph 1 above, will confer Pari
Passu Ranking on the DFis concerned.
ARTICLE 11
POLITICAL RISK INSURANCE GUARANTEE FACILITY
State Parties agree that, in order to enable DFis, through the forum of the
Network to mitigate against and minimize Political Risk in the financing of
public sector projects, they will support the Network in investigating the
feasibility and provide resources towards the establishment of a regional
insurance guarantee facility aimed specifically at insuring against Political Risk
in such projects.
ARTICLE 12
WAIVER OF STATE IMMUNITIES AND RECOGNITION AND
ENFORCEMENT OF FOREIGN JUDGMENTS AND ARBITRAL AWARDS
1.
Each State Party acknowledges that this Annex 9 contemplates cooperation in activities of a commercial nature. To this end, each State
Party unconditionally and irrevocably agrees that:
(a)
if any proceedings, including any arbitration proceedings, are
brought against that State Party or its assets in relation to any
commercial transactions contemplated in this Annex 9 no
immunity from such proceedings shall be claimed by or on behalf
of that State Party or with respect to its assets;
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