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Descarca catalogul - ALB

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f) A Category countries - Member States of the European Union 1 and countries which are full<br />

members of the Organization for Economic Cooperation and Development (OECD), and countries<br />

that have concluded special lending arrangements with the International Monetary Fund (IMF) in<br />

the general arrangements to borrow (GAB); if one country in this category reschedules its external<br />

debt, the country in question is excluded from the “A” category for a period of 5 years;<br />

g) multilateral development banks - the International Bank for Reconstruction and Development,<br />

the International Finance Corporation , the Inter-American Development Bank, the Asian<br />

Development Bank, the African Development Bank, the Council of Europe Development Bank, the<br />

Nordic Investment Bank, the Caribbean Development Bank, the European Bank for Reconstruction<br />

and Development, the European Investment Bank, the European Investment Fund, the Multilateral<br />

Investment Guarantee Agency, the International Finance Facility for Immunization, the Islamic<br />

Development Bank and any other entity that falls into this category according to qualifications<br />

made in the European Union;<br />

h) debtor - an entity in relation to which the lender incurs exposures resulting from credits, including<br />

the entity towards which the lender only has exposures which represent potential debts, such as,<br />

for example, financing and guaranteeing commitments. For purposes of this Regulation, credit<br />

institutions and the National Bank of Romania are not included in the lender’s debtor’s category;<br />

i) debtor, natural person, exposed to foreign exchange risk - the debtor, natural person, who does<br />

not generate positive net cash flows denominated in the credit currency, allowing for the repayment,<br />

on due date, of each credit instalment (principal and interest). Cash flows are adjusted according to<br />

the degree of certainty and the permanent character thereof;<br />

j) debt service - the number of days of delay from the debt maturity date;<br />

k) initiation of debt recovery proceedings - one of the following:<br />

k1) the courts issue a bankruptcy resolution against the debtor;<br />

k2) enforcement proceedings are brought against natural persons or legal entities, to recovery debts<br />

resulting from credits subject to classification;<br />

l) principal - amounts paid in advance by lenders to the borrowers, as borrowed capital, including<br />

those that might be included in this category if the obligations of the lenders, resulting from the<br />

financing and guarantee entered into by the latter, become due;<br />

m) credits - categories of credits that are classified by the lenders in accordance with the provisions<br />

of this Regulation, being systematised in terms of specific credit risk provisioning requirements, of<br />

the structuring, where applicable, in principal and interest, as well as of the accounts in which they<br />

are recorded. These are presented in Section I “credits” of the Annex No. 1;<br />

n) guarantees - received guarantees that lenders may take into account to reduce the exposure to<br />

the debtor, in accordance with the provisions hereof, which are systematised in terms of guarantee<br />

category, and of accounts in which they are recorded. These are presented in Section II “Guarantees”<br />

of Annex No. 1. The guarantees are divided into the following categories:<br />

(i) personal guarantees - guarantees provided by third parties (e.g. bail, surety etc.), which can be<br />

classified, according to their respective features, as follows:<br />

(i1) express guarantee - the protection provided by the guarantee is clearly linked to exposures that<br />

can be accurately identified or via a clearly defined exposure portfolio, so that the coverage degree<br />

of the protection can be clearly defined and cannot be questioned;<br />

(i2) irrevocable guarantee - apart from the failure of the buyer of protection to observe the obligation<br />

to pay the protection price on the maturity date, the agreement whereby the protection is provided<br />

contains no provision that would allow the protection provider to unilaterally cancel the guarantee<br />

or which could result in an increase of the actual guarantee price;<br />

(i3) unconditional guarantee - the contract whereby protection is provided contains no provision<br />

1 For purposes of this Regulation, Romania is considered separately from other EU member states.<br />

109<br />

60184_file_interior_lucian_v9.indd 109<br />

11/5/2012 9:22:06 AM

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