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nessuno ha commentato questo post riguardo i 120gg
per esempio nell'informativa della soberanos 2026 ho trovato questo,
sarei grato se qualcuno analizzasse quando scritto:
Events of Default
If any of the following events (“Events of Default”) shall occur and be continuing:
(a) the Republic fails to pay the principal amount of any Bond when due and such failure continues for a
period of 30 days; or
(b) the Republic fails to pay interest or other amounts due on any Bond when due and such failure continues
for a period of 30 days; or
(c) the Republic fails duly to perform or observe any term or obligation contained in the Bonds or the Fiscal
Agency Agreement (other than those described in (a) or (b) above) and such failure shall continue unremedied
for 90 days after written notice thereof shall have been given to the Republic at the specified office of the Fiscal
Agent by any holder; or
(d) Banco Central fails to duly perform or observe any of its obligations contained in the Banco Central
Undertaking to remit (as and to the extent provided therein) U.S. dollars in the amount of each payment of
principal of, and interest on, the Bonds upon payment by the Republic to Banco Central of the necessary
Bolívares amount to make such payment, as provided in the Banco Central Undertaking, or on the occurrence
and continuation of such a failure, Banco Central shall make any withdrawal of any amounts held on deposit
with any holder or the Fiscal Agent that has notified Banco Central of its intention to set off from such amounts
any amounts owed to such holder or the Fiscal Agent, and any such failure shall continue unremedied for 30
days after written notice thereof shall have been given Banco Central and the Republic by the Fiscal Agent or
any holder at the Corporate Trust Office of the Fiscal Agent; or
(e) Banco Central shall fail to duly perform or observe any term or obligation contained in the Banco Central
Undertaking or the Fiscal Agency Agreement on its part to be performed or observed (other than those specified
in (d) above) and such failure shall continue unremedied for 90 days after written notice thereof shall have been
given to the Republic and Banco Central at the specified office of the Fiscal Agent by any holder; or
(f) as a result of any default or event of default contained in any agreement or instrument related to any Public
External Indebtedness (other than the Bonds) of the Republic, Banco Central or any Governmental Agency
guaranteed by the Republic, any party to such agreement or instrument accelerates or declares to be due and
payable any such Public External Indebtedness prior to the stated maturity thereof; or
(g) the Republic or Banco Central fails generally to pay or perform its obligations under Public External
Indebtedness as they become due, or a moratorium on the payment or performance of such obligations shall be
declared by the Republic or Banco Central; or
(h) there shall have been entered against the Republic or Banco Central a final judgment, decree or order by a
court of competent jurisdiction from which no appeal may be made, or is made, for the payment of money in
excess of U.S.$100,000,000 or its equivalent and 30 days shall have passed since the entry of any such order
without it having been satisfied or stayed; or
(i) the validity of the Bonds, the Fiscal Agency Agreement or the Banco Central Undertaking is contested by
the Republic, Banco Central or any legislative, executive or judicial body or official of the Republic authorized
in each case by law to do so, or the Republic or Banco Central denies any of its obligations thereunder to any of
the holders of the Bonds (the “Bondholders”) (whether by a general suspension of payments or a moratorium on
the payment of debt or otherwise), or any constitutional provision, treaty, convention, law, regulation, official
communiqué, decree, ordinance or policy of the Republic, or any final decision by any court in the Republic
having jurisdiction purports to render any provision of the Bonds, the Fiscal Agency Agreement or the Banco
Central Undertaking invalid or unenforceable or purports to prevent or delay the performance or observance by
the Republic or Banco Central of any of their respective obligations thereunder to any of the holders; or
(j) any constitutional provision, treaty, convention, law, regulation, ordinance, decree, consent, approval,
license or other authority necessary to enable the Republic or Banco Central to make or perform its obligations
under the Bonds, the Fiscal Agency Agreement or the Banco Central Undertaking (as the case may be), or for
the validity or enforceability thereof, expires, is withheld, revoked, terminated or otherwise ceases to remain in
full force and effect, or is modified in a manner which adversely affects, or may reasonably be expected to
affect, any rights or claims of any of the holders;
then holders of 25% or more in aggregate outstanding principal amount of the Bonds may, by notice in writing given
to the Fiscal Agent at its specified office, declare the Bonds immediately due and payable whereupon the entire
unpaid principal amount of the Bonds, all interest accrued and unpaid thereon and all other amounts payable in
respect of the Bonds shall become and be forthwith due and payable, without presentation, demand, protest or
further notice of any kind, all of which are hereby expressly waived by the Republic. Upon such declaration, the
Fiscal Agent shall give notice thereof in the manner provided in the Fiscal Agency Agreement to the Republic (by
facsimile with transmission confirmed) and to the holders of the Bonds in accordance herewith. After any such
declaration, if all amounts then due with respect to the Bonds are paid (other than amounts due solely because of
such declaration) and all other defaults with respect to the Bonds are cured, such declaration may be annulled and
rescinded by holders of more than 50% in aggregate principal amount of the Outstanding Bonds by written notice
thereof to the Republic at the specified office of the Fiscal Agent.
Prescription
Claims in respect of principal and interest will become void unless presentation for payment is made within a period
of ten years in the case of principal and three years in the case of interest from the Relevant Date, to the extent
permitted by applicable law. “Relevant Date” means whichever is the later of (i) the date on which any such
payment first becomes due and (ii) if the full amount payable has not been received by the Fiscal Agent on or prior
to such due date, the date on which, the full amount having been so received, notice to that effect shall have been
given to the Bondholders.
