Common use of Special Accounts Clause in Contracts

Special Accounts. 1. The Borrower may open and maintain in Dollars in its central bank, on terms and conditions satisfactory to the Bank, two separate special deposit accounts (Special Account A, for Parts C and D of the Project, and Special Account B, for Part B of the Project). 2. After the Bank has received evidence satisfactory to it that the Special Account has been opened, withdrawals from the Loan Account of amounts to be deposited into the Special Account shall be made as follows: (a) if the Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if the Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the Special Account, the Borrower shall, at such time as the Bank shall reasonably request, furnish to the Bank such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank shall not be required to make further deposits into the Special Account: (a) if the Bank, at any time, is not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursements; (b) if the Bank determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Account; or (c) if the Borrower shall have failed to furnish to the Bank, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank pursuant to said Section in respect of the audit of: (i) the records and accounts for the Special Account; or (ii) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be. 5. The Bank shall not be required to make further deposits into the Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank shall determine, in its sole discretion, whether further deposits into the Special Account may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank determines at any time that any payment out of the Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Bank, the Borrower shall, promptly upon notice from the Bank, provide such additional evidence as the Bank may request, or deposit into the Special Account (or, if the Bank shall so request, refund to the Bank) an amount equal to the amount of such payment. Unless the Bank shall otherwise agree, no further deposit by the Bank into the Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank determines at any time that any amount outstanding in the Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the Bank, refund to the Bank such outstanding amount. (c) The Borrower may, upon notice to the Bank, refund to the Bank all or any portion of the funds on deposit in the Special Account. (d) Refunds to the Bank made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an amount of $600,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex.

Appears in 2 contracts

Sources: Loan Agreement, Loan Agreement

Special Accounts. 1. The Borrower may Recipient shall open and maintain in Dollars FCFA in its central a commercial bank, on terms and conditions satisfactory to the BankAssociation, including appropriate protection against set-off, seizure and attachment two separate special deposit accounts accounts, namely: (a) Special Account A, A for Parts C and D Part A of the Project, ; and (b) Special Account B, B for Part B of the Project). 2. After the Bank Association has received evidence satisfactory to it that the Special Account has Accounts have been opened, withdrawals from the Loan Grant Account of amounts to be deposited into the Special Account Accounts shall be made as follows: (a) if the Borrower Recipient is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if the Borrower Recipient is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the Special Account Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower Recipient out of the Special AccountAccounts, the Borrower Recipient shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the Special AccountAccounts: (a) if the BankAssociation, at any time, is not satisfied that the reports referred to in Part A.5 A.6 of this Schedule 1 adequately provide the information required for Report-Report- based Disbursements; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower Recipient directly from the Loan Grant Account; or (c) if the Borrower Recipient shall have failed to furnish to the BankAssociation, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: (i) the records and accounts for the Special AccountAccounts; or (ii) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be. 5. The Bank Association shall not be required to make further deposits into the Special Account Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower Recipient of its intention to suspend in whole or in part the right of the Borrower Recipient to make withdrawals from the Loan Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the Special Account Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Borrower Recipient of its determination. (a) If the Bank Association determines at any time that any payment out of any of the Special Account Accounts was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower Recipient shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the respective Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the Special Account Accounts shall be made until the Borrower Recipient has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the Special Account Accounts will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower Recipient shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower Recipient may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the Special AccountAccounts. (d) Refunds to the Bank Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan this Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) means an amount equivalent to CFAF 1,000,000,000 in respect of $600,000 Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Loan Grant Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.

Appears in 2 contracts

Sources: Development Grant Agreement, Development Grant Agreement

Special Accounts. 1. The Borrower shall open or caused to be opened and maintained in dollars two separate special deposit accounts (the Federal Special Account, and the States Special Account) in commercial banks, on terms and conditions satisfactory to the Association, including appropriate protection against set- off, seizure and attachment. When the conditions set forth in Paragraph 4 of Schedule 5 have been met for a Participating State, such Participating State may open and maintain in Dollars dollars its own Special Account in its central a commercial bank, on terms and conditions satisfactory to the BankAssociation, two separate special deposit accounts (including appropriate protection against set-off, seizure and attachment. A Participating State which has opened its own Special Account A, for Parts C and D of shall not be entitled to further withdrawals from the Project, and States Special Account B, for Part B of the Project)Account. 2. After the Bank Association has received evidence satisfactory to it that the Special Account has Accounts have been opened, withdrawals from the Loan Credit Account of amounts to be deposited into the said Special Account Accounts shall be made as follows: (a) if until the Association shall have received: (i) the first Financial Monitoring Report referred to in Section 4.02 (b) of this Agreement; and (ii) a request from the Borrower is not making Report-based Disbursementsfor withdrawal on the basis of Financial Monitoring Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if upon receipt by the Association of a Financial Monitoring Report pursuant to Section 4.02 (b) of this Agreement, accompanied by a request from the Borrower is making Report-based Disbursementsfor withdrawal on the basis of Project Monitoring Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the a Special Account, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the any Special Account: (a) if the Bank, Association determines at any time, is time that any Financial Monitoring Report does not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursementspursuant to Section 4.02 of this Agreement; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the Bank, Association within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the any Special Account; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beFinancial Monitoring Reports. 5. The Bank Association shall not be required to make further deposits into the any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the Special Account Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank Association determines at any time that any payment out of the any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the said Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the any Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the a Special Account. (d) Refunds to the Bank Association made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan Development Credit Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an amount of $600,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex.:

Appears in 2 contracts

Sources: Development Credit Agreement, Development Credit Agreement

Special Accounts. 1. The Borrower may Recipient may: (a) for the purpose of Parts A, D (1), and D (4) of the Project open and maintain in Dollars a special deposit account (Special Account A) to be managed by SAMSA; and (b) for the purpose of Parts B, C, D (2), D (3), and D (4) of the Project open and maintain in its central bankDollars a special deposit account (Special Account B) to be managed by IOC, all in commercial banks acceptable to the Bank, on terms and conditions satisfactory to the Bank, two separate special deposit accounts (Special Account Aincluding appropriate protection against set-off, for Parts C seizure and D of the Project, and Special Account B, for Part B of the Project)attachment. 2. After the Bank has received evidence satisfactory to it that the Special Account has Accounts have been opened, withdrawals from the Loan GEF Trust Fund Grant Account of amounts to be deposited into the Special Account Accounts shall be made as follows: (a) if the Borrower Recipient is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if the Borrower Recipient is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the each Special Account shall be made exclusively for respective Eligible Expenditures. For each payment made by the Borrower Recipient through SAMSA or IOC out of the respective Special Account, the Borrower Recipient through SAMSA or IOC shall, at such time as the Bank shall reasonably request, furnish to the Bank such documents and other evidence showing that such payment was made exclusively for respective Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank shall not be required to make further deposits into the respective Special Account: (a) if the Bank, at any time, is not satisfied that the reports referred to in Part A.5 A.6 of this Schedule 1 adequately provide the information required for Report-based Disbursements; (b) if the Bank determines at any time that all further withdrawals for payment of respective Eligible Expenditures should be made by the Borrower Recipient directly from the Loan GEF Trust Fund Grant Account; or (c) if the Borrower Recipient through SAMSA or IOC shall have failed to furnish to the Bank, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank pursuant to said Section in respect of the audit of: (iA) the records and accounts for the respective Special Account; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be. 5. The Bank shall not be required to make further deposits into the respective Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank shall have notified the Borrower Recipient of its intention to suspend in whole or in part the right of the Borrower Recipient to make withdrawals from the Loan GEF Trust Fund Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank shall determine, in its sole discretion, whether further deposits into the respective Special Account Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Borrower Recipient of its determination. (a) If the Bank determines at any time that any payment out of the respective Special Account Accounts was made for an expenditure which is not an respective Eligible Expenditure, or was not justified by the evidence furnished to the Bank, the Borrower Recipient shall, promptly upon notice from the Bank, provide such additional evidence as the Bank may request, or deposit into the respective Special Account Accounts (or, if the Bank shall so request, refund to the Bank) an amount equal to the amount of such payment. Unless the Bank shall otherwise agree, no further deposit by the Bank into the respective Special Account Accounts shall be made until the Borrower Recipient has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank determines at any time that any amount outstanding in the respective Special Account Accounts will not be required to cover payments for respective Eligible Expenditures during the six-month period following such determination, the Borrower Recipient shall, promptly upon notice from the Bank, refund to the Bank such outstanding amount. (c) The Borrower Recipient through SAMSA or IOC may, upon notice to the Bank, refund to the Bank all or any portion of the funds on deposit in the respective Special AccountAccounts. (d) Refunds to the Bank made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan GEF Trust Fund Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan GEF Trust Fund Grant Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an amount of $600,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex.:

Appears in 2 contracts

Sources: Trust Fund Grant Agreement, Global Environment Facility Trust Fund Grant Agreement

Special Accounts. 1. The Borrower may may, for the purposes of Categories (1), (2) (a) and (b), (3), and (5) set forth in Part A.1 of this Schedule, open and maintain in US Dollars a separate special deposit account (Special Account A) in its central Central Bank, on terms and conditions satisfactory to the Association. The Borrower may, for the purposes of Category (2) (c) and (d) set forth in Part A.1 of this Schedule, open and maintain in US Dollars a separate special deposit account (Special Account B) in a commercial bank, on terms and conditions satisfactory to the BankAssociation, two separate special deposit accounts (Special Account Aincluding appropriate protection against set-off, for Parts C and D of the Project, and Special Account B, for Part B of the Project)seizure or attachment. 2. The Borrower shall, within three (3) months of the Effective Date, take steps, in form and substance satisfactory to the Association, to ensure rapid disbursement from Special Account A. Failing this, the Borrower shall promptly move Special Account A to a commercial bank, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure or attachment. 3. After the Bank Association has received evidence satisfactory to it that the respective Special Account has been opened, withdrawals from the Loan Credit Account of amounts to be deposited into the respective Special Account shall be made as follows: (a) if the Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if the Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 34. Payments out of the respective Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the respective Special Account, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 45. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the respective Special Account: (a) if the BankAssociation, at any time, is not satisfied that the reports referred to in Part A.5 A.6 of this Schedule 1 adequately provide the information required for Report-based Based Disbursements; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the BankAssociation, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the respective Special Account; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beBased Disbursements. 56. The Bank Association shall not be required to make further deposits into the respective Special Account in accordance with the provisions of Part B.2 B.3 of this Schedule if, at any time, the Bank Association shall have notified the Borrower and the Guarantor of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the respective Special Account may be made and what procedures should be followed for making such deposits, and shall notify the Borrower and the Guarantor of its determination. (a) If the Bank Association determines at any time that any payment out of the respective Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the respective Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the respective Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the respective Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the respective Special Account. (d) Refunds to the Bank Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan this Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an means the amount of $600,000 2,700,000 equivalent and the amount of $500,000 equivalent to be withdrawn from the Loan Credit Account and deposited into the Borrower’s central bank for Special Account A; A and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account BB respectively, all pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to $1,350,000 and an amount equivalent to $250,000 for Special Account A and Special Account B respectively, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 2,700,000 and SDR 500,000 for Special Account A and Special Account B respectively.

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower may shall open and maintain in Dollars special deposit accounts: ( a) Special Account A for the purposes of Part A of the Project; and (b) Special Account B for the purposes of Parts B, C, D and E of the Project; in its central banka commercial bank or banks, on terms and conditions satisfactory to the BankAssociation, two separate special deposit accounts (Special Account Aincluding appropriate protection against set-off, for Parts C seizure and D of the Project, and Special Account B, for Part B of the Project)attachment. 2. After the Bank Association has received evidence satisfactory to it that the a Special Account has been opened, withdrawals from the Loan Credit Account of amounts to be deposited into the Special Account shall be made as follows: (a) if until the Association shall have received: (i) the first Project Management Report referred to in Section 4.02(b) of this Agreement; and (ii) a request from the Borrower is not making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if upon receipt by the Association of a Project Management Report pursuant to Section 4.02(b) of this Agreement, accompanied by a request from the Borrower is making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the Special Account Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the respective Special Account, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the Special AccountAccounts: (a) if the Bank, Association determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursementspursuant to Section 4.02 of this Agreement; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the BankAssociation, within the period of time specified in Section 4.01 (b) (ii4.01(b)(ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: of (iA) the records and accounts for the respective Special Account; , or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beProject Management Reports. 5. The Bank Association shall not be required to make further deposits into the respective Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the respective Special Account may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank Association determines at any time that any payment out of the respective Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the respective Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the respective Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the Special Account Accounts will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the respective Special Account. (d) Refunds to the Bank Association made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan this Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) means an amount of $600,000 to be withdrawn from the Loan Credit Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all Accounts pursuant to paragraph 2 of this Annex, equivalent, in the case of the Special Account A to $800,000, and in the case of the Special Account B to $800,000; provided, however, that, unless the Association shall otherwise agree, the Authorized Allocation shall be limited to: (a) an amount equivalent to $300,000 in the case of the Special Account A, until the aggregate amount of withdrawals from the Credit Account, plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions, shall equal or exceed the equivalent of SDR 1,100,000; and (b) an amount equivalent to $300,000 in the case of the Special Account B, until the aggregate amount of withdrawals from the Credit Account, plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions, shall equal or exceed the equivalent of SDR 1,100,000.

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower may may, for the purpose of the Project: (a) open and maintain in Dollars Taka, a separate special deposit account in its central bankthe name of BWDB (the BWDB Special Account) in a commercial bank acceptable to the Association, on terms and conditions satisfactory to the BankAssociation, two including appropriate protection against set-off, seizure and attachment; and (b) open and maintain in Taka, a separate special deposit accounts account in the name of WARPO (the WARPO Special Account AAccount) in a commercial bank acceptable to the Association, for Parts C on terms and D of conditions satisfactory to the ProjectAssociation, including appropriate protection against set-off, seizure and Special Account B, for Part B of the Project)attachment. 2. After the Bank Association has received evidence satisfactory to it that the respective Special Account has have been opened, withdrawals from the Loan Credit Account of amounts to be deposited into the respective Special Account shall be made as follows: (a) if the Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if the Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the respective Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the respective Special Account, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the respective Special Account: (a) if the BankAssociation, at any time, is not satisfied that the reports referred to in Part A.5 A.6 of this Schedule 1 adequately provide the information required for Report-Report- based Disbursements; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the BankAssociation, within the period of time specified in Section 4.01 (b) (iib(ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the respective Special Account; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-Report- based Disbursements or were made on the basis of statements of expenditure, as the case may be. 5. The Bank Association shall not be required to make further deposits into the respective Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the respective Special Account may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank Association determines at any time that any payment out of the respective Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the respective Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the respective Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the respective Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the respective Special Account. (d) Refunds to the Bank Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan Credit Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) means an amount equivalent to Tk. 250,000,000 in respect of $600,000 BWDB Special Account and an amount equivalent to Tk. 10,000,000 in respect of WARPO Special Account, to be withdrawn from the Loan Credit Account and deposited into the Borrower’s central bank for respective Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all Accounts pursuant to paragraph 2 2(a) of this AnnexSchedule, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to Tk. 125,000,000 in respect of the BWDB Special Account until the aggregate amount of withdrawals from the Credit Account allocated to Categories 1(a), 1(b), 2(a), 3(a), 4(a) and 5(a) plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 13,000,000.

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower may Recipient shall open and maintain in Dollars four separate special deposit accounts, one each for the MELGRD, AJK, Balochistan and NWFP, in its central bankthe National Bank of Pakistan, on terms and conditions satisfactory to the Bank, two separate special deposit accounts (Special Account Aincluding appropriate protection against set-off, for Parts C seizure and D of the Project, and Special Account B, for Part B of the Project)attachment. 2. After the Bank has received evidence satisfactory to it that the a Special Account has been duly opened, withdrawals from the Loan GEF Trust Fund Grant Account of amounts to be deposited into the said Special Account shall be made as follows: (a) if until the Borrower is not making Report-based DisbursementsBank shall have received (i) the first each of the Project Management Reports referred to in Section 4.02(b) of this Agreement or Section 3.02(b) of the Project Agreement, as the case may be, and (ii) a request from the Recipient for withdrawal on the basis of Project Management Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if upon receipt by the Borrower is making Report-based DisbursementsBank of a Project Management Report pursuant to Section 4.02(b) of this Agreement or Section 3.02(b) of the Project Agreement, as the case may be, accompanied by a request from the Recipient for withdrawals on the basis of Project Management Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower Recipient out of the a Special Account, the Borrower Recipient shall, at such time as the Bank shall reasonably request, furnish to the Bank such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank shall not be required to make further deposits into the any Special Account: (a) if the Bank, Bank determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursementspursuant to Section 4.02 of this Agreement or Section 3.02 of the Project Agreement, as the case may be; (b) if the Bank determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower Recipient directly from the Loan GEF Trust Fund Grant Account; or (c) if the Borrower Recipient shall have failed to furnish to the Bank, Bank within the period of time specified in Section 4.01 (b) (ii4.01(b)(ii) of this Agreement or Section 3.01(b)(ii) of the Project Agreement, as the case may be, any of the audit reports required to be furnished to the Bank pursuant to said Section in respect of the audit of: (iA) the records and accounts for the any Special Account; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beProject Management Reports. 5. The Bank shall not be required to make further deposits into the any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank shall have notified the Borrower Recipient of its intention to suspend in whole or in part the right of the Borrower Recipient to make withdrawals from the Loan GEF Trust Fund Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank shall determine, in its sole discretion, whether further deposits into the Special Account Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Borrower Recipient of its determination. (a) If the Bank determines at any time that any payment out of the any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Bank, the Borrower Recipient shall, promptly upon notice from the Bank, provide such additional evidence as the Bank may request, or deposit into the said Special Account (or, if the Bank shall so request, refund to the Bank) an amount equal to the amount of such payment. Unless the Bank shall otherwise agree, no further deposit by the Bank into the any Special Account shall be made until the Borrower Recipient has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank determines at any time that any amount outstanding in the any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower Recipient shall, promptly upon notice from the Bank, refund to the Bank such outstanding amount. (c) The Borrower Recipient may, upon notice to the Bank, refund to the Bank all or any portion of the funds on deposit in the a Special Account. (d) Refunds to the Bank made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan GEF Trust Fund Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan GEF Trust Fund Grant Agreement, including the General Conditions. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an amount of $600,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex.:

Appears in 1 contract

Sources: Global Environment Facility Trust Fund Grant Agreement

Special Accounts. 1. The Borrower may shall open and maintain in Dollars United States dollars two separate special deposit accounts, the first (Special Account A) in respect of Categories (1, 2(a), 3(a), and 4(a)) and the second (Special Account B) in respect of Categories (2(b), 3(b), 4(b) and 5), in its central bankCentral Bank, on terms and conditions satisfactory to the Bank, two separate special deposit accounts (Special Account A, for Parts C and D of the Project, and Special Account B, for Part B of the Project). 2. After the Bank has received evidence satisfactory to it that the a Special Account has been opened, withdrawals from the Loan Account of amounts to be deposited into the said Special Account shall be made as follows: (a) if until the Bank shall have received (i) the first Project Management Report referred to in Section 4.02(b) of this Agreement, and (ii) a request from the Borrower is not making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if upon receipt by the Bank of a Project Management Report pursuant to Section 4.02(b) of this Agreement, accompanied by a request from the Borrower is making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the a Special Account, the Borrower shall, at such time as the Bank shall reasonably request, furnish to the Bank such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank shall not be required to make further deposits into the any Special Account: (a) if the Bank, Bank determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursementspursuant to Section 4.02 of this Agreement; (b) if the Bank determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Account; or (c) if the Borrower shall have failed to furnish to the Bank, Bank within the period of time specified in Section 4.01 (b) (ii4.01(b)(ii) of this Agreement, any of the audit reports required to be furnished to the Bank pursuant to said Section in respect of the audit of: of (iA) the records and accounts for the any Special Account; Account or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beProject Management Reports. 5. The Bank shall not be required to make further deposits into the any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank shall determine, in its sole discretion, whether further deposits into the Special Account Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank determines at any time that any payment out of the any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Bank, the Borrower shall, promptly upon notice from the Bank, provide such additional evidence as the Bank may request, or deposit into the said Special Account (or, if the Bank shall so request, refund to the Bank) an amount equal to the amount of such payment. Unless the Bank shall otherwise agree, no further deposit by the Bank into the any Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank determines at any time that any amount outstanding in the any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the Bank, refund to the Bank such outstanding amount. (c) The Borrower may, upon notice to the Bank, refund to the Bank all or any portion of the funds on deposit in the a Special Account. (d) Refunds to the Bank made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an amount of $600,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex.:

Appears in 1 contract

Sources: Loan Agreement

Special Accounts. 1. The Borrower Recipient may open and maintain in Dollars the MNRT GEF Special Account and the MANREC GEF Special Account in its central banka commercial bank acceptable to the Bank, on terms and conditions satisfactory to the Bank, two separate special deposit accounts (Special Account Aincluding appropriate protection against set-off, for Parts C seizure and D of the Project, and Special Account B, for Part B of the Project)attachment. 2. After the Bank has received evidence satisfactory to it that the Special Account has Accounts have been opened, withdrawals from the Loan GEF Trust Fund Grant Account of amounts to be deposited into the Special Account Accounts shall be made as follows: (a) if the Borrower Recipient is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if the Borrower Recipient is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the Special Account Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower Recipient out of the Special AccountAccounts, the Borrower Recipient shall, at such time as the Bank shall reasonably request, furnish to the Bank such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank shall not be required to make further deposits into the any Special Account: (a) if the Bank, at any time, is not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursements; (b) if the Bank determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower Recipient directly from the Loan GEF Trust Fund Grant Account; or (c) if the Borrower Recipient shall have failed to furnish to the Bank, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank pursuant to said Section in respect of the audit of: (iA) the records and accounts for the Special AccountAccounts; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be. 5. The Bank shall not be required to make further deposits into the Special Account Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank shall have notified the Borrower Recipient of its intention to suspend in whole or in part the right of the Borrower Recipient to make withdrawals from the Loan GEF Trust Fund Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank shall determine, in its sole discretion, whether further deposits into the Special Account Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Borrower Recipient of its determination. (a) If the Bank determines at any time that any payment out of the any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Bank, the Borrower Recipient shall, promptly upon notice from the Bank, provide such additional evidence as the Bank may request, or deposit into the respective Special Account (or, if the Bank shall so request, refund to the Bank) an amount equal to the amount of such payment. Unless the Bank shall otherwise agree, no further deposit by the Bank into the any Special Account shall be made until the Borrower Recipient has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank determines at any time that any amount outstanding in the any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower Recipient shall, promptly upon notice from the Bank, refund to the Bank such outstanding amount. (c) The Borrower Recipient may, upon notice to the Bank, refund to the Bank all or any portion of the funds on deposit in the Special AccountAccounts. (d) Refunds to the Bank made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan GEF Trust Fund Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan GEF Trust Fund Grant Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (ia) an with respect to the MNRT GEF Special Account, for Categories 1 (a), 2 (a), 3 (a), 4 (a), 5 (a) and 6, the amount of one million Dollars ($600,000 1,000,000) to be withdrawn from the Loan GEF Trust Fund Grant Account and deposited into the Borrower’s central bank for said Special Account Apursuant to paragraph 2 of this Annex; and (b) with respect to the MANREC GEF Special Account, for Categories 1 (b), 2 (b), 3 (b), 4 (b) and 5 (ii) an b), the amount of one million Dollars ($1,400,000 1,000,000) to be withdrawn from the Loan GEF Trust Fund Grant Account and deposited into the Borrower’s central bank for said Special Account B, all pursuant to paragraph 2 of this Annex. 2. Withdrawals of the Authorized Allocation and subsequent withdrawals to replenish the Special Accounts shall be made as follows: (a) For withdrawals of the Authorized Allocation, the Recipient shall furnish to the Bank a request or requests for deposit into the respective Special Account of an amount or amounts which in the aggregate do not exceed the Authorized Allocation. On the basis of each such request, the Bank shall, on behalf of the Recipient, withdraw from the GEF Trust Fund Grant Account and deposit into the respective Special Account such amount as the Recipient shall have requested. (b) For replenishment of the Special Accounts, the Recipient shall furnish to the Bank requests for deposit into the respective Special Account at such intervals as the Bank shall specify. Prior to or at the time of each such request, the Recipient shall furnish to the Bank the documents and other evidence required pursuant to Part B.3 of Schedule 1 to this Agreement for the payment or payments in respect of which replenishment is requested. On the basis of each such request, the Bank shall, on behalf of the Recipient, withdraw from the GEF Trust Fund Grant Account and deposit into the respective Special Account such amount as the Recipient shall have requested and as shall have been shown by said documents and other evidence to have been paid out of the respective Special Account for Eligible Expenditures. Each such deposit into the respective Special Account shall be withdrawn by the Bank from the GEF Trust Fund Grant Account under one or more of the Eligible Categories. 3. The Bank shall not be required to make further deposits into the respective Special Account, once the total unwithdrawn amount of the GEF Trust Fund Grant minus the total amount of all outstanding special commitments entered into by the Bank pursuant to Section 5.02 of the General Conditions shall equal the equivalent of twice the amount of the Authorized Allocation. Thereafter, withdrawal from the GEF Trust Fund Grant Account of the remaining unwithdrawn amount of the GEF Trust Fund Grant shall follow such procedures as the Bank shall specify by notice to the Recipient. Such further withdrawals shall be made only after and to the extent that the Bank shall have been satisfied that all such amounts remaining on deposit in the respective Special Account as of the date of such notice will be utilized in making payments for Eligible Expenditures. 1. Withdrawals from the GEF Trust Fund Grant Account shall be deposited by the Bank into the Special Accounts in accordance with the provisions of Schedule 1 to this Agreement. Each such deposit into the Special Accounts shall be withdrawn by the Bank from the GEF Trust Fund Grant Account under one or more of the Eligible Categories. 2. Upon receipt of each application for withdrawal of an amount of the GEF Trust Fund Grant, the Bank shall, on behalf of the Recipient, withdraw from the GEF Trust Fund Grant Account and deposit into the respective Special Account an amount equal to the lesser of: (a) the amount so requested; and (b) the amount which the Bank has determined, based on the reports referred to in Part A.5 of this Schedule 1 applicable to such withdrawal application, is required to be deposited in order to finance Eligible Expenditures during the quarter following the date of such reports.

Appears in 1 contract

Sources: Global Environment Facility Trust Fund Grant Agreement

Special Accounts. 1. The Borrower may shall open and maintain in Dollars dollars nineteen separate special deposit accounts (the Federal Special Account, and a Special Account for each Participating State) in its central bankcommercial banks, on terms and conditions satisfactory to the BankAssociation, two separate special deposit accounts (Special Account Aincluding appropriate protection against set-off, for Parts C seizure and D of the Project, and Special Account B, for Part B of the Project)attachment. 2. After the Bank Association has received evidence satisfactory to it that the Special Account has Accounts have been opened, withdrawals from the Loan Credit Account of amounts to be deposited into the said Special Account Accounts shall be made as follows: (a) if until the Association shall have received: (i) the first Project Management Report referred to in Section 4.02 (b) of this Agreement; and (ii) a request from the Borrower is not making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if upon receipt by the Association of a Project Management Report pursuant to Section 4.02 (b) of this Agreement, accompanied by a request from the Borrower is making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the a Special Account, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the any Special Account: (a) if the Bank, Association determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursementspursuant to Section 4.02 of this Agreement; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the Bank, Association within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the any Special Account; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beProject Management Reports. 5. The Bank Association shall not be required to make further deposits into the any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the Special Account Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank Association determines at any time that any payment out of the any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the said Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the any Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the a Special Account. (d) Refunds to the Bank Association made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan Development Credit Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an amount of $600,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex.:

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower may open and maintain in Dollars two special deposit accounts, each in its central banka commercial bank specifically authorized for this purpose by the Bangko Sentral ng Pilipinas, on terms and conditions satisfactory to the Bank, two separate special deposit accounts including appropriate protection against set-off, seizure and attachment: (a) the DOF Special Account A, for Parts C and D purposes of Part A of the Project, Project to be carried out by LGUs and which financing of activities is subject to the NG-LGU Cost Sharing Scheme; and (b) the DOH Special Account B, for Part the purpose of Parts A and B of the Project)Project to be carried out by DOH. 2. After the Bank has received evidence satisfactory to it that the Special Account has Accounts have been opened, withdrawals from the Loan Account of amounts to be deposited into the Special Account Accounts shall be made as follows: (a) if the Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if the Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the Special Account Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the Special AccountAccounts, the Borrower shall, at such time as the Bank shall reasonably request, furnish to the Bank such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank shall not be required to make further deposits into the Special AccountAccounts: (a) if the Bank, at any time, is not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursements; (b) if the Bank determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Account; or (c) if the Borrower shall have failed to furnish to the Bank, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank pursuant to said Section in respect of the audit of: (i) the records and accounts for the Special Account; or (ii) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be. 5. The Bank shall not be required to make further deposits into the Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank shall determine, in its sole discretion, whether further deposits into the Special Account may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank determines at any time that any payment out of the Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Bank, the Borrower shall, promptly upon notice from the Bank, provide such additional evidence as the Bank may request, or deposit into the Special Account (or, if the Bank shall so request, refund to the Bank) an amount equal to the amount of such payment. Unless the Bank shall otherwise agree, no further deposit by the Bank into the Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank determines at any time that any amount outstanding in the Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the Bank, refund to the Bank such outstanding amount. (c) The Borrower may, upon notice to the Bank, refund to the Bank all or any portion of the funds on deposit in the Special Account. (d) Refunds to the Bank made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an amount of $600,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex.Part

Appears in 1 contract

Sources: Loan Agreement

Special Accounts. 1. The Borrower may open and maintain in Dollars special deposit accounts (Special Account A in its central bankrespect of Categories (5) and (6) of the table in Part A.1 of this Schedule, and Special Account B in respect of Categories (1)-(4) and (7)-(9) of the table in Part A.1 of this Schedule) in a commercial bank acceptable to the Association, on terms and conditions satisfactory to the BankAssociation, two separate special deposit accounts (Special Account Aincluding appropriate protection against set-off, for Parts C seizure and D of the Project, and Special Account B, for Part B of the Project)attachment. 2. After the Bank Association has received evidence satisfactory to it that the respective Special Account has been opened, withdrawals from the Loan Credit Account of amounts to be deposited into the respective Special Account shall be made as follows: (a) if the Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if the Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the respective Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the respective Special Account, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the respective Special Account: (a) if the BankAssociation, at any time, is not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursements; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the BankAssociation, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the respective Special Account; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be. 5. The Bank Association shall not be required to make further deposits into the respective Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the respective Special Account may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank Association determines at any time that any payment out of the respective Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the respective Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the respective Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the respective Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the respective Special Account. (d) Refunds to the Bank Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan this Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an amount of $600,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex.:

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower may shall open and maintain in Dollars dollars two (2) separate special deposit accounts, one each for NWFP and FATADC, in its central bankthe National Bank of Pakistan, on terms and conditions satisfactory to the BankAssociation, two separate special deposit accounts (Special Account Aincluding appropriate protection against set-off, for Parts C seizure and D of the Project, and Special Account B, for Part B of the Project)attachment. 2. After the Bank has Association shall have received evidence satisfactory to it them that the a Special Account has been opened, withdrawals from the Loan Credit Account of amounts to be deposited into the said Special Account shall be made as follows: (a) if until the Association shall have received: (i) the first each of the Project Management Reports referred to in Section 3.02 (b) of the Project Agreement; and (ii) a request from the Borrower is not making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if upon receipt by the Association of Project Management Reports pursuant to Section 3.02 (b) of the Project Agreement, accompanied by a request from the Borrower is making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the a Special Account, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the any Special Account: (a) if the Bank, Association determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursementspursuant to Section 3.02 of the Project Agreement; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the Bank, Association within the period of time specified in Section 4.01 (b) (ii4.01(b)(ii) of this Agreement or Section 3.01(b)(ii) of the Project Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: of (iA) the records and accounts for the any Special Account; Account or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beProject Management Reports. 5. The Bank Association shall not be required to make further deposits into the any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General ConditionsConditions Applicable to Development Credit Agreements. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the Special Account Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its their determination. (a) If the Bank determines Association determine at any time that any payment out of the any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the said Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the any Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank determines Association determine at any time that any amount outstanding in the any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the any Special Account. (d) Refunds to the Bank Association made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan Development Credit Agreement, including the General Conditions. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an amount of $600,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex.:

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower may may, for the purposes of Categories (1), (2) (a) and (b), (3), and (5) set forth in Part A.1 of this Schedule, open and maintain in US Dollars a separate special deposit account (Special Account A) in its central Central Bank, on terms and conditions satisfactory to the Association. The Borrower may, for the purposes of Category (2) (c) and (d) set forth in Part A.1 of this Schedule, open and maintain in US Dollars a separate special deposit account (Special Account B) in a commercial bank, on terms and conditions satisfactory to the BankAssociation, two separate special deposit accounts (Special Account Aincluding appropriate protection against set- off, for Parts C and D of the Project, and Special Account B, for Part B of the Project)seizure or attachment. 2. The Borrower shall, within three (3) months of the Effective Date, take steps, in form and substance satisfactory to the Association, to ensure rapid disbursement from Special Account A. Failing this, the Borrower shall promptly move Special Account A to a commercial bank, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure or attachment. 3. After the Bank Association has received evidence satisfactory to it that the respective Special Account has been opened, withdrawals from the Loan Credit Account of amounts to be deposited into the respective Special Account shall be made as follows: (a) if the Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if the Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 34. Payments out of the respective Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the respective Special Account, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 45. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the respective Special Account: (a) if the BankAssociation, at any time, is not satisfied that the reports referred to in Part A.5 A.6 of this Schedule 1 adequately provide the information required for Report-based Report- Based Disbursements; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the BankAssociation, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the respective Special Account; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beReport- Based Disbursements. 56. The Bank Association shall not be required to make further deposits into the respective Special Account in accordance with the provisions of Part B.2 B.3 of this Schedule if, at any time, the Bank Association shall have notified the Borrower and the Guarantor of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the respective Special Account may be made and what procedures should be followed for making such deposits, and shall notify the Borrower and the Guarantor of its determination. (a) If the Bank Association determines at any time that any payment out of the respective Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the respective Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the respective Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the respective Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the respective Special Account. (d) Refunds to the Bank Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan this Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an means the amount of $600,000 2,700,000 equivalent and the amount of $500,000 equivalent to be withdrawn from the Loan Credit Account and deposited into the Borrower’s central bank for Special Account A; A and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account BB respectively, all pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to $1,350,000 and an amount equivalent to $250,000 for Special Account A and Special Account B respectively, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 2,700,000 and SDR 500,000 for Special Account A and Special Account B respectively.

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower may shall open and maintain in Dollars two separate special deposit accounts, one for Parts A.1, C.1 (a) and E of the Project, and one for Parts A.2, B, C.1(b) and C.2 of the Project in its central banka commercial bank specifically authorized for this purpose by the Bangko Sentral ng Pilipinas, on terms and conditions satisfactory to the Bank, two separate special deposit accounts (including appropriate protection against set-off, seizure and attachment. Except as the Bank may otherwise specify by notice to the Borrower, all withdrawals from the Loan Account shall be deposited by the Bank into the respective Special Account A, for Parts C and D in accordance with the provisions of the Project, and this Schedule. Payments out of each Special Account Bshall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of a Special Account, the Borrower shall, at such time as the Bank shall reasonably request, furnish to the Bank such documents and other evidence showing that such payment was made exclusively for Part B of the Project)Eligible Expenditures. 2. After the Bank has received evidence satisfactory to it that the a Special Account has been opened, withdrawals from the Loan Account of amounts to be deposited into the said Special Account shall be made as follows: (a) if until the Bank shall have received (i) the first Project Management Report referred to in Section 4.02(b) of this Agreement and (ii) a request from the Borrower is not making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if upon receipt by the Bank of a Project Management Report pursuant to Section 4.02(b) of this Agreement, accompanied by a request from the Borrower is making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the a Special Account, the Borrower shall, at such time as the Bank shall reasonably request, furnish to the Bank such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank shall not be required to make further deposits into the any Special Account: (a) if the Bank, Bank determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursementspursuant to Section 4.02 of this Agreement; (b) if the Bank determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Account; or (c) if the Borrower shall have failed to furnish to the Bank, Bank within the period of time specified in Section 4.01 (b) (ii4.01(b)(ii) of this Agreement, Agreement any of the audit reports required to be furnished to the Bank pursuant to said Section in respect of the audit of: of (iA) the records and accounts for the any Special Account; Account or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beProject Management Reports. 5. The Bank shall not be required to make further deposits into the any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank shall determine, in its sole discretion, whether further deposits into the Special Account may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank determines at any time that any payment out of the any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Bank, the Borrower shall, promptly upon notice from the Bank, provide such additional evidence as the Bank may request, or deposit into the said Special Account (or, if the Bank shall so request, refund to the Bank) an amount equal to the amount of such payment. Unless the Bank shall otherwise agree, no further deposit by the Bank into the any Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank determines at any time that any amount outstanding in the any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the Bank, refund to the Bank such outstanding amount. (c) The Borrower may, upon notice to the Bank, refund to the Bank all or any portion of the funds on deposit in the a Special Account. (d) Refunds to the Bank made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an amount of $600,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex.:

Appears in 1 contract

Sources: Loan Agreement

Special Accounts. 1. The Borrower may open and maintain maintain, in Dollars Dollars, Special Account A and B in its central banka commercial bank acceptable to the Association, on terms and conditions satisfactory to the BankAssociation, two separate special deposit accounts (Special Account Aincluding appropriate protection against set-off, for Parts C seizure and D of the Project, and Special Account B, for Part B of the Project)attachment. 2. After the Bank Association has received evidence satisfactory to it that the Special Account has Accounts have been opened, withdrawals from the Loan Credit Account of amounts to be deposited into the Special Account Accounts shall be made as follows: (a) if the Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if the Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the respective Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the respective Special Account, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the any Special Account: (a) if the BankAssociation, at any time, is not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursements; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the BankAssociation, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the Special AccountAccounts; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be. 5. The Bank Association shall not be required to make further deposits into the Special Account Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower and the Guarantor of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the Special Account Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Borrower and the Guarantor of its determination. (a) If the Bank Association determines at any time that any payment out of the any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the respective Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the any Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the Special AccountAccounts. (d) Refunds to the Bank Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan this Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (ia) an with respect to Special Account A, for Categories 2 (b), 3 (b), 4 (b), 5, 6 and 7 (b) the amount of equivalent to $600,000 2,000,000 to be withdrawn from the Loan Credit Account and deposited into the Borrower’s central bank for Special Account AA pursuant to paragraph 2 of this Annex; and (iib) an with respect to Special Account B, for Categories 1, 2 (a), 3 (a), 4 (a) and 7 (a), the amount of equivalent to $1,400,000 3,000,000 to be withdrawn from the Loan Credit Account and deposited into the Borrower’s central bank for Special Account B, all B pursuant to paragraph 2 of this Annex.

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower may shall open and maintain in Dollars in its central bank, on terms and conditions satisfactory to the Bank, two separate one special deposit accounts account (hereinafter referred to as Special Account A in respect of Categories (1) through (4) of the table in Part A.1 of Schedule 1 to this Agreement for the purposes of Parts A, for Parts C and D of the Project, and another special deposit account (hereinafter referred to as Special Account B, B in respect of Category (5) of the said table for the purposes of Part B of the Project). Each special account shall be opened and maintained in dollars in a commercial bank on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure or attachment. 2. After the Bank Association has received evidence satisfactory to it that the a Special Account has been opened, withdrawals from the Loan Credit Account of amounts to be deposited into the Special Account shall be made as follows: (a) if until the Association shall have received: (i) the first Financial Monitoring Report referred to in Section 4.02 (b) of this Agreement, and (ii) a request from the Borrower is not making Report-based Disbursementsfor withdrawal on the basis of Financial Monitoring Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if upon receipt by the Association of a Financial Monitoring Report pursuant to Section 4.02 (b) of this Agreement, accompanied by a request from the Borrower is making Report-based Disbursementsfor withdrawal on the basis of Financial Monitoring Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the a Special Account, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the a Special Account: (a) if the Bank, Association determines at any time, is time that any Financial Monitoring Report does not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursementspursuant to Section 4.02 of this Agreement; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the Bank, Association within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: (i) the records and accounts for the Special Account; , or (ii) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beFinancial Monitoring Reports. 5. The Bank Association shall not be required to make further deposits into the a Special Account in accordance with the provisions of Part B.2 of this Schedule Schedule, if, at any time, the Bank Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the Special Account may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank Association determines at any time that any payment out of the a Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the a Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the any Special Account. (d) Refunds to the Bank Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan Development Credit Agreement. 1. For the purposes of this Annex, the term "Authorized Allocation” means: (i) " means an amount of equivalent to $600,000 in the case of Special Account A, and $800,000 in the case of Special Account B, to be withdrawn from the Loan Credit Account and deposited into the Borrower’s central bank for respective Special Account pursuant to paragraph 2 (a) of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to $300,000 in the case of Special Account A; , and (ii) an amount $400,000 in the case of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, until: (a) in the case of Special Account A, the aggregate amount of withdrawals from the Credit Account allocated to Parts A, C and D of the Project, plus the total amount of all outstanding special commitments entered into by the Association pursuant to paragraph 2 Section 5.02 of this Annexthe General Conditions for Parts A, C and D of the Project, shall be equal to or exceed the equivalent of SDR 1,250,000; and (b) in the case of Special Account B, the aggregate amount of withdrawals from the Credit Account allocated to Part B of the Project, plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions for Part B of the Project, shall be equal to or exceed the equivalent of SDR 1,250,000.

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower may may, for the purpose of the Project: (a) open and maintain in Dollars Taka, a separate special deposit account in its central bankthe name of BWDB (the BWDB Special Account) in a commercial bank acceptable to the Association, on terms and conditions satisfactory to the BankAssociation, two including appropriate protection against set-off, seizure and attachment; and (b) open and maintain in Taka, a separate special deposit accounts account in the name of WARPO (the WARPO Special Account AAccount) in a commercial bank acceptable to the Association, for Parts C on terms and D of conditions satisfactory to the ProjectAssociation, including appropriate protection against set-off, seizure and Special Account B, for Part B of the Project)attachment. 2. After the Bank Association has received evidence satisfactory to it that the respective Special Account has have been opened, withdrawals from the Loan Credit Account of amounts to be deposited into the respective Special Account shall be made as follows: (a) if the Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if the Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the respective Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the respective Special Account, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the respective Special Account: (a) if the BankAssociation, at any time, is not satisfied that the reports referred to in Part A.5 A.6 of this Schedule 1 adequately provide the information required for Report-based Disbursements; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the BankAssociation, within the period of time specified in Section 4.01 (b) (iib(ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the respective Special Account; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be. 5. The Bank Association shall not be required to make further deposits into the respective Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the respective Special Account may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank Association determines at any time that any payment out of the respective Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the respective Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the respective Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the respective Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the respective Special Account. (d) Refunds to the Bank Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan Credit Agreement.. Operation of Special Accounts 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) means an amount equivalent to Tk. 250,000,000 in respect of $600,000 BWDB Special Account and an amount equivalent to Tk. 10,000,000 in respect of WARPO Special Account, to be withdrawn from the Loan Credit Account and deposited into the Borrower’s central bank for respective Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all Accounts pursuant to paragraph 2 2(a) of this AnnexSchedule, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to Tk. 125,000,000 in respect of the BWDB Special Account until the aggregate amount of withdrawals from the Credit Account allocated to Categories 1(a), 1(b), 2(a), 3(a), 4(a) and 5(a) plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 13,000,000.

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower may open and maintain in Dollars Dollars: (a) a special deposit account for Parts A, B, C and E of the Project (Special Account A); and (b) a special deposit account for Part D of the Project (Special Account B), both in its central banka commercial bank satisfactory to the Bank and specifically authorized for this purpose by the Bangko Sentral ng Pilipinas, on terms and conditions satisfactory to the Bank, two separate special deposit accounts (Special Account Aincluding appropriate protection against set-off, for Parts C seizure and D of the Project, and Special Account B, for Part B of the Project)attachment. 2. After the Bank has received evidence satisfactory to it that the Special Account has Accounts have been opened, withdrawals from the Loan Account of amounts to be deposited into any of the Special Account Accounts shall be made as follows: (a) if the Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if the Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of any of the Special Account Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of any of the Special AccountAccounts, the Borrower shall, at such time as the Bank shall reasonably request, furnish to the Bank such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank shall not be required to make further deposits into any of the Special AccountAccounts: (a) if the Bank, at any time, is not satisfied that the reports referred to in Part A.5 A.4 of this Schedule 1 adequately provide the information required for Report-based Disbursements; (b) if the Bank determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Account; or (c) if the Borrower shall have failed to furnish to the Bank, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank pursuant to said Section in respect of the audit of: : (iA) the records and accounts for each of the Special AccountAccounts; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be. 5. The Bank shall not be required to make further deposits into any of the Special Account Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank shall determine, in its sole discretion, whether further deposits into any of the Special Account Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank determines at any time that any payment out of any of the Special Account Accounts was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Bank, the Borrower shall, promptly upon notice from the Bank, provide such additional evidence as the Bank may request, or deposit into the said Special Account (or, if the Bank shall so request, refund to the Bank) an amount equal to the amount of such payment. Unless the Bank shall otherwise agree, no further deposit by the Bank into any of the Special Account Accounts shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank determines at any time that any amount outstanding in any of the Special Account Accounts will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the Bank, refund to the Bank such outstanding amount. (c) The Borrower may, upon notice to the Bank, refund to the Bank all or any portion of the funds on deposit in any of the Special AccountAccounts. (d) Refunds to the Bank made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (ia) an the amount of $600,000 1,500,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account A; and (iib) an the amount of $1,400,000 100,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, ; all as pursuant to paragraph 2 of this Annex; provided, however, that unless the Bank shall otherwise agree, the Authorized Allocation for Special Account A shall be limited to an amount equivalent to $800,000 until the aggregate amount of withdrawals from the Loan Account and deposited into Special Account A, plus the total amount of all outstanding special commitments entered into by the Bank pursuant to Section 5.02 of the General Conditions, shall be equal to or exceed the equivalent of $4,500,000.

Appears in 1 contract

Sources: Loan Agreement

Special Accounts. 1. The Borrower may open and maintain in Dollars special deposit accounts (Special Account A in its central bankrespect of Categories (5) and (6) of the table in Part A.1 of this Schedule, and Special Account B in respect of Categories (1)-(4) and (7)-(9) of the table in Part A.1 of this Schedule) in a commercial bank acceptable to the Association, on terms and conditions satisfactory to the BankAssociation, two separate special deposit accounts (Special Account Aincluding appropriate protection against set-off, for Parts C seizure and D of the Project, and Special Account B, for Part B of the Project)attachment. 2. After the Bank Association has received evidence satisfactory to it that the respective Special Account has been opened, withdrawals from the Loan Credit Account of amounts to be deposited into the respective Special Account shall be made as follows: (a) if the Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if the Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the respective Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the respective Special Account, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the respective Special Account: (a) if the BankAssociation, at any time, is not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-Report- based Disbursements; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the BankAssociation, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the respective Special Account; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-Report- based Disbursements or were made on the basis of statements of expenditure, as the case may be. 5. The Bank Association shall not be required to make further deposits into the respective Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the respective Special Account may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank Association determines at any time that any payment out of the respective Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the respective Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the respective Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the respective Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the respective Special Account. (d) Refunds to the Bank Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan this Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an amount of $600,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex.:

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower may shall open and maintain in Dollars FCFA in its central a commercial bank, on terms and conditions satisfactory to the BankAssociation, including appropriate protection against set-off, seizure and attachment two separate special deposit accounts accounts, namely: (a) Special Account A for Part B. 2 of the Project; and (b) Special Account B for Parts A, for Parts B.1, C and D of the Project. Except as the Association may otherwise specify by notice to the Borrower, and Special Account B, for Part B of the Project). 2. After the Bank has received evidence satisfactory to it that the Special Account has been opened, all withdrawals from the Loan Account of amounts to be deposited into the Special Credit Account shall be made as follows: (a) if deposited by the Borrower is not making Report-based Disbursements, withdrawals shall be made Association into the respective Special Account in accordance with the provisions of Annex A to this Schedule 1; and (b) if the Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3Schedule. Payments out of the each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the a Special Account, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditureseligible expenditures. 42. Except as the Association shall otherwise agree, after the Association has received evidence satisfactory to it that a Special Account have been duly opened, withdrawals from the Credit Account of amounts to be deposited into the said Special Account shall be made as follows: (a) Each application for withdrawal from the Credit Account shall be supported by a Project Management Report. (b) Upon receipt of each application for withdrawal of an amount of the Credit, the Association shall, on behalf of the Borrower, withdraw from the Credit Account and deposit into the said Special Account an amount equal to the lesser of: (i) the amount so requested; and (ii) the amount which the Association has determined, based on the Project Management Report accompanying said application, is required to be deposited in order to finance Eligible Expenditures during the six-month period following the date of such report; provided, however, that the amount so deposited, when added to the amount indicated by said report to be remaining in the said Special Accounts, shall not exceed the equivalent of CFAF 300,000,000 in respect of Special Account A and CFAF 1.2 billion in respect of Special Account B. Each such deposit into the said Special Accounts shall be withdrawn by the Association from the Credit Account under one or more of the said Special Accounts’ Eligible Categories. 3. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the any Special Account: (a) if the Bank, Association determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursementspursuant to Section 4.02 of this Agreement; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the BankAssociation, within the period of time specified in Section 4.01 (b) (ii4.01(b)(ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: (i) the records and accounts for the a Special Account; , or (ii) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beProject Management Reports. 54. The Bank Association shall not be required to make further deposits into any of the Special Account Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the a Special Account may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank Association determines at any time that any payment out of the a Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the said Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank shall otherwise agree, no further deposit by the Bank into the Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the a Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the a Special Account. (d) Refunds to the Bank Association made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 5 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan Development Credit Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an amount of $600,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex.:

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower Upon receipt of notification from the Association allowing the establishment of the Special Accounts, the Recipient may open and maintain in Dollars in its central banka commercial bank acceptable to the Association: (a) a special deposit account (Special Account “A”) to be managed by the IRCB Project Coordinating Unit, for purposes of depositing the corresponding proceeds of the Grant for Parts ▇.▇, ▇.▇, ▇.▇, ▇.▇, ▇, ▇, ▇▇▇ ▇ of the Project; and (b) a special deposit account (Special Account “B”), to be managed by MoF, for the purposes of depositing the corresponding proceeds of the Grant for Part A.4 of the Project, both on terms and conditions satisfactory to the BankAssociation, two separate special deposit accounts (Special Account Aincluding appropriate protection against set-off, for Parts C seizure and D of the Project, and Special Account B, for Part B of the Project)attachment. 2. After the Bank Association has received evidence satisfactory to it that the Special Account has Accounts have been opened, withdrawals from the Loan Grant Account of amounts to be deposited into the respective Special Account Accounts shall be made as follows: (a) if the Borrower Recipient is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if the Borrower Recipient is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the respective Special Account Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower Recipient out of the respective Special Account, the Borrower Recipient shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the any Special Account: (a) if the BankAssociation, at any time, is not satisfied that the reports referred to in Part A.5 of this Schedule 1 of this Agreement adequately provide the information required for Report-based Disbursements; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower Recipient directly from the Loan Grant Account; or (c) if the Borrower Recipient shall have failed to furnish to the BankAssociation, within the period of time specified in Section Sections 4.01 (b) (ii) and 4.02 (b) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section Sections in respect of the audit of: (i) the records and accounts for the respective Special AccountAccounts; or (ii) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be. 5. The Bank Association shall not be required to make further deposits into the any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower Recipient of its intention to suspend in whole or in part the right of the Borrower Recipient to make withdrawals from the Loan Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the respective Special Account may be made and what procedures should be followed for making such deposits, and shall notify the Borrower Recipient of its determination. (a) If the Bank Association determines at any time that any payment out of the any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower Recipient shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the respective Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the Special Account shall be made until the Borrower Recipient has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower Recipient shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower Recipient may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the a Special Account. (d) Refunds to the Bank Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of this Agreements, including the Loan Agreement.General Conditions. When Withdrawals Are Not Report-based Disbursements 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) means in respect of Special Account A an amount of $600,000 1,500,000, to be withdrawn from the Loan Grant Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to $750,000 until the aggregate amount of withdrawals from the Grant Account allocated to Categories (1), (2), (3) and (5), plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Condition shall be equal to or exceed the equivalent of SDR 4,000,000.

Appears in 1 contract

Sources: Development Grant Agreement

Special Accounts. 1. The Borrower may Recipient shall open and maintain in Dollars FCFA in its central a commercial bank, on terms and conditions satisfactory to the BankAssociation, including appropriate protection against set-off, seizure and attachment two separate special deposit accounts accounts, namely: (a) Special Account A, A for Parts C and D Part A of the Project, ; and (b) Special Account B, B for Part B of the Project). 2. After the Bank Association has received evidence satisfactory to it that the Special Account has Accounts have been opened, withdrawals from the Loan Grant Account of amounts to be deposited into the Special Account Accounts shall be made as follows: (a) if the Borrower Recipient is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if the Borrower Recipient is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the Special Account Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower Recipient out of the Special AccountAccounts, the Borrower Recipient shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the Special AccountAccounts: (a) if the BankAssociation, at any time, is not satisfied that the reports referred to in Part A.5 A.6 of this Schedule 1 adequately provide the information required for Report-based Disbursements; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower Recipient directly from the Loan Grant Account; or (c) if the Borrower Recipient shall have failed to furnish to the BankAssociation, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: (i) the records and accounts for the Special AccountAccounts; or (ii) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be. 5. The Bank Association shall not be required to make further deposits into the Special Account Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower Recipient of its intention to suspend in whole or in part the right of the Borrower Recipient to make withdrawals from the Loan Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the Special Account Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Borrower Recipient of its determination. (a) If the Bank Association determines at any time that any payment out of any of the Special Account Accounts was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower Recipient shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the respective Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the Special Account Accounts shall be made until the Borrower Recipient has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the Special Account Accounts will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower Recipient shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower Recipient may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the Special AccountAccounts. (d) Refunds to the Bank Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan this Agreement.. When Withdrawals Are Not Report-based Disbursements 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) means an amount equivalent to CFAF 1,000,000,000 in respect of $600,000 Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Loan Grant Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.

Appears in 1 contract

Sources: Development Grant Agreement

Special Accounts. 1. The Borrower may shall open and maintain one special deposit account (hereinafter referred to as Special Account A) in Dollars respect of Category (1) of the table in its central bankPart A.1 of Schedule 1 to this Agreement for the purposes of Parts A through C of the Project, and another special deposit account (hereinafter referred to as Special Account B) in respect of Categories (2), (3), (4) and (5) of the said table for the purposes of Parts D and E of the Project. Each special account shall be opened and maintained in dollars in a commercial bank on terms and conditions satisfactory to the BankAssociation, two separate special deposit accounts (Special Account Aincluding appropriate protection against set-off, for Parts C and D of the Project, and Special Account B, for Part B of the Project)seizure or attachment. 2. After the Bank Association has received evidence satisfactory to it that the a Special Account has been opened, withdrawals from the Loan Credit Account of amounts to be deposited into the Special Account shall be made as follows: (a) if until the Association shall have received: (i) the first Project Management Report referred to in Section 4.02 (b) of this Agreement, and (ii) a request from the Borrower is not making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if upon receipt by the Association of a Project Management Report pursuant to Section 4.02 (b) of this Agreement, accompanied by a request from the Borrower is making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the a Special Account, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the a Special Account: (a) if the Bank, Association determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursementspursuant to Section 4.02 of this Agreement; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the Bank, Association within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the Special Account; , or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beProject Management Reports. 5. The Bank Association shall not be required to make further deposits into the a Special Account in accordance with the provisions of Part B.2 of this Schedule Schedule, if, at any time, the Bank Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the Special Account may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank Association determines at any time that any payment out of the a Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the a Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the any Special Account. (d) Refunds to the Bank Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan Development Credit Agreement. 1. For the purposes of this Annex, the term "Authorized Allocation” means: (i) " means an amount equivalent to $4,200,000 in the case of Special Account A, and $600,000 800,000 in the case of Special Account B, to be withdrawn from the Loan Credit Account and deposited into the Borrower’s central bank for respective Special Account pursuant to paragraph 2 (a) of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to $2,100,000 in the case of Special Account A; , and $400,000 in the case of Special Account B, until: (i) in the case of Special Account A, the aggregate amount of withdrawals from the Credit Account allocated to Parts A through C of the Project, plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions for Parts A through C of the Project, shall be equal to or exceed the equivalent of SDR 10,000,000, and (ii) an amount in the case of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, the aggregate amount of withdrawals from the Credit Account allocated to Parts D and E of the Project, plus the total amount of all outstanding special commitments entered into by the Association pursuant to paragraph 2 Section 5.02 of this Annexthe General Conditions for Parts D and E of the Project, shall be equal to or exceed the equivalent of SDR 5,000,000.

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower may shall open and maintain in Dollars Euros two special deposit accounts, namely the Federation Special Account and the Republika Srpska Special Account, in its central a commercial bank, on terms and conditions satisfactory to the BankAssociation, two separate special deposit accounts (Special Account Aincluding appropriate protection against set-off, for Parts C seizure and D of the Project, and Special Account B, for Part B of the Project)attachment. 2. After the Bank Association has received evidence satisfactory to it that the Special Account has Accounts have been opened, withdrawals from the Loan Credit Account of amounts to be deposited into the Special Account Accounts shall be made as follows: (a) if until the Association shall have received: (i) the first Project Management Report referred to in Section 3.02 (b) of the Federation Project Agreement and Republika Srpska Project Agreement; and (ii) a request from the Borrower is not making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if upon receipt by the Association of Project Management Reports pursuant to Section 3.02 (b) of the Federation Project Agreement and Republika Srpska Project Agreement, accompanied by a request from the Borrower is making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the each Special Account, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the any Special Account: (a) if the Bank, Association determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursementspursuant to Section 3.02 of the Project Agreements; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the Bank, Association within the period of time specified in Section 4.01 3.01 (b) (ii) of this Agreementthe Project Agreements, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: of (iA) the records and accounts for the any Special Account; Account or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beProject Management Reports. 5. The Bank Association shall not be required to make further deposits into the any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the Special Account Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank Association determines at any time that any payment out of the any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the said Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the any Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the Special Account. (d) Refunds to the Bank Association made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan this Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an amount of $600,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex.:

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower may open and maintain in Dollars the MNRT Special Account and the MANREC Special Account in its central banka commercial bank acceptable to the Association, on terms and conditions satisfactory to the BankAssociation, two separate special deposit accounts (Special Account Aincluding appropriate protection against set-off, for Parts C seizure and D of the Project, and Special Account B, for Part B of the Project)attachment. 2. After the Bank Association has received evidence satisfactory to it that the Special Account has been openedAccounts are open, withdrawals from the Loan Credit Account of amounts to be deposited into the Special Account Accounts shall be made as follows: (a) if the Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if the Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the Special Account Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the Special AccountAccounts, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the any Special Account: (a) if the BankAssociation, at any time, is not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursements; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the BankAssociation, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the Special AccountAccounts; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be. 5. The Bank Association shall not be required to make further deposits into the Special Account Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the Special Account Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank Association determines at any time that any payment out of the any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the respective Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the any Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the Special AccountAccounts. (d) Refunds to the Bank Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan this Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an amount of $600,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex.:

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower may open and maintain in Dollars two separate special deposit accounts: (i) URA Special Account for Part C of the Project; and (ii) MoWHC Special Account for Parts C.2, C.3, and Part D of the Project, all in its central bankBOU, on terms and conditions satisfactory to the Bank, two separate special deposit accounts (Special Account A, for Parts C and D of the Project, and Special Account B, for Part B of the Project)Association. 2. After the Bank Association has received evidence satisfactory to it that the Special Account has Accounts have been opened, withdrawals from the Loan Credit Account of amounts to be deposited into the Special Account Accounts shall be made as follows: (a) if the Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if the Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the a Special Account, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the any Special Account: (a) if the BankAssociation, at any time, is not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursements; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the BankAssociation, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the any Special Account; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be. 5. The Bank Association shall not be required to make further deposits into the any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the Special Account Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank Association determines at any time that any payment out of the any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the said Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the any Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the a Special Account. (d) Refunds to the Bank Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan Credit Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an amount of $600,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex.:

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower may shall open and maintain in Dollars CFAF in its central a commercial bank, on terms and conditions satisfactory to the BankAssociation, including appropriate protection against set-off, seizure and attachment two separate special deposit accounts accounts, namely: (a) Special Account A for Parts A, for Parts B and C and D of the Project, ; and (b) Special Account B, B for Part Subprojects under Parts A and B of the Project). 2. After Except as the Bank has received evidence satisfactory Association may otherwise specify by notice to it that the Special Account has been openedBorrower, all withdrawals from the Loan Account of amounts to be deposited into the Special Credit Account shall be made as follows: (a) if deposited by the Borrower is not making Report-based Disbursements, withdrawals shall be made Association into the respective Special Account in accordance with the provisions of Annex A to this Schedule 1; and (b) if the Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3Schedule. Payments out of the each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the a Special Account, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditureseligible expenditures. 42. Except as the Association shall otherwise agree, after the Association has received evidence satisfactory to it that a Special Account has been duly opened, withdrawals from the Credit Account of amounts to be deposited into the said Special Account shall be made as follows: (a) each application for withdrawal from the Credit Account shall be supported by a Project Management Report; and (b) upon receipt of each application for withdrawal of an amount of the Credit, the Association shall, on behalf of the Borrower, withdraw from the Credit Account and deposit into the said Special Account an amount equal to the lesser of: (i) the amount so requested; or (ii) the amount which the Association has determined, based on the Project Management Report accompanying said application, is required to be deposited in order to finance Eligible amount which the Association has determined, based on the Project Management Report accompanying said application, is required to be deposited in order to finance Eligible Expenditures during the six-month period following the date of such report; provided, however, that the amount so deposited, when added to the amount indicated by said report to be remaining in the said Special Accounts, shall not exceed the equivalent of CFAF 2,000,000,000 in respect of Special Account A and CFAF 60,000,000 in respect of Special Account B. Each such deposit into the said Special Accounts shall be withdrawn by the Association from the Credit Account under one or more of the said Special Accounts’ Eligible Categories. 3. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the any Special Account: (a) if the Bank, Association determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursementspursuant to Section 4.02 of this Agreement; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the BankAssociation, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: (i) the records and accounts for the a Special Account; or (ii) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beProject Management Reports. 54. The Bank Association shall not be required to make further deposits into any of the Special Account Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 5.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the a Special Account may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank Association determines at any time that any payment out of the a Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the said Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank shall otherwise agree, no further deposit by the Bank into the Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the a Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the a Special Account. (d) Refunds to the Bank Association made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 5 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan Development Credit Agreement. 1. For the purposes of this Annex, Annex the term “Authorized Allocation” means: (i) in respect of Special Account A, an amount of $600,000 equivalent to CFAF 2,000,000,000 to be withdrawn from the Loan Credit Account and deposited into the Borrower’s central bank for such Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex; provided, however, that, unless the Association shall otherwise agree, said Authorized Allocation shall be limited to an amount equivalent to CFAF 1,000,000,000, until the aggregate amount of withdrawals from the Credit Account of amounts allocated to said Special Account’s Eligible Categories, plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions in respect of amounts allocated to said Categories, shall equal or exceed the equivalent of SDR 12,000,000; and (ii) in respect of Special Account B, an amount equivalent to CFAF 60,000,000 to be withdrawn from the Credit Account and deposited into such Special Account pursuant to paragraph 2 of this Annex; provided, however, that, unless the Association shall otherwise agree, said Authorized Allocation shall be limited to an amount equivalent to CFAF 30,000,000, until the aggregate amount of withdrawals from the Credit Account of amounts allocated to said Special Account’s Eligible Categories, plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions in respect of amounts allocated to said Categories, shall equal or exceed the equivalent of SDR 4,000,000.

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower may shall open and maintain in Dollars dollars in its central bankCentral Bank, on terms and conditions satisfactory to the BankAssociation, including appropriate protection against set-off, seizure and attachment two separate special deposit accounts accounts, namely: (i) Special Account A, A for Parts C A through F and D Part G.2 of the Project, ; and (ii) Special Account B, B for Part B G.1 of the Project). 2. After Except as the Bank has received evidence satisfactory Association may otherwise specify by notice to it that the Special Account has been openedBorrower, all withdrawals from the Loan Account of amounts to be deposited into the Special Credit Account shall be made as follows: (a) if deposited by the Borrower is not making Report-based Disbursements, withdrawals shall be made Association into the respective Special Account in accordance with the provisions of Annex A to this Schedule 1; and (b) if the Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3Schedule. Payments out of the each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the a Special Account, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 42. Except as the Association shall otherwise agree, after the Association has received evidence satisfactory to it that a Special Account has been duly opened, withdrawals from the Credit Account of amounts to be deposited into the said Special Account shall be made as follows: (a) Each application for withdrawal from the Credit Account shall be supported by a Project Management Report. (b) Upon receipt of each application for withdrawal of an amount of the Credit, the Association shall, on behalf of the Borrower, withdraw from the Credit Account and deposit into the said Special Account an amount equal to the lesser of: (i) the amount so requested; and (ii) the amount which the Association has determined, based on the Project Management Report accompanying said application, is required to be deposited in order to finance Eligible Expenditures during the six-month period following the date of such report; provided, however, that the amount so deposited, when added to the amount indicated by said report to be remaining in the said Special Account, shall not exceed the equivalent of $4,000,000 in respect of Special Account A and $4,000,000 in respect of Special Account B. Each such deposit into the said Special Account shall be withdrawn by the Association from the Credit Account under one or more of the said Special Account’s Eligible Categories. 3. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the any Special Account: (a) if the Bank, Association determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursementspursuant to Section 4.02 of this Agreement; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the BankAssociation, within the period of time specified in Section 4.01 (b4.01(b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the Special Account; , or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beProject Management Reports. 54. The Bank Association shall not be required to make further deposits into the any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the Special Account Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank Association determines at any time that any payment out of the a Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the said Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank shall otherwise agree, no further deposit by the Bank into the Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the a Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the a Special Account. (d) Refunds to the Bank Association made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 5 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan Development Credit Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an amount of $600,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex.:

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower may shall open and maintain two special deposit accounts, one in Dollars (the USD Special Account) in its central respect of amounts withdrawn from the USD Tranche of the Loan, and one in Euro (the EUR Special Account) in respect of amounts withdrawn from the EUR Tranche of the Loan, in a commercial bank, acceptable to the Bank, on terms and conditions satisfactory to the Bank, two separate special deposit accounts (Special Account Aincluding appropriate protection against set-off, for Parts C seizure and D of the Project, and Special Account B, for Part B of the Project)attachment. 2. After the Bank has received evidence satisfactory to it that the a Special Account has been opened, withdrawals from the Loan Account of amounts to be deposited into the Special Account shall be made as follows: (a) if until the Bank shall have received (i) the first Project Management Report referred to in Section 4.02(b) of this Agreement and (ii) a request from the Borrower is not making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if upon receipt by the Bank of a Project Management Report pursuant to Section 4.02(b) of this Agreement, accompanied by a request from the Borrower is making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the a Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the a Special Account, the Borrower shall, at such time as the Bank shall reasonably request, furnish to the Bank such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank shall not be required to make further deposits into the Special AccountAccounts: (a) if the Bank, Bank determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursementspursuant to Section 4.02 of this Agreement; (b) if the Bank determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Account; or (c) if the Borrower shall have failed to furnish to the Bank, Bank within the period of time specified in Section 4.01 (b) (ii4.01(b)(ii) of this Agreement, any of the audit reports required to be furnished to the Bank pursuant to said Section in respect of the audit of: of (iA) the records and accounts for the Special Account; Accounts or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beProject Management Reports. 5. The Bank shall not be required to make further deposits into the Special Account Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank shall determine, in its sole discretion, whether further deposits into the Special Account Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank determines at any time that any payment out of the USD or EUR Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Bank, the Borrower shall, promptly upon notice from the Bank, provide such additional evidence as the Bank may request, or deposit into the relevant Special Account (or, if the Bank shall so request, refund to the Bank) an amount equal to the amount of such payment. Unless the Bank shall otherwise agree, no further deposit by the Bank into the Special Account Accounts shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank determines at any time that any amount outstanding in the USD or EUR Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the Bank, refund to the Bank such outstanding amount. (c) The Borrower may, upon notice to the Bank, refund to the Bank all or any portion of the funds on deposit in the Special AccountAccounts. (d) Refunds to the Bank made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an amount of $600,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex.:

Appears in 1 contract

Sources: Loan Agreement

Special Accounts. 1. The Borrower may open and maintain maintain, in Dollars Dollars, Special Account A and B in its central banka commercial bank acceptable to the Association, on terms and conditions satisfactory to the BankAssociation, two separate special deposit accounts (Special Account Aincluding appropriate protection against set-off, for Parts C seizure and D of the Project, and Special Account B, for Part B of the Project)attachment. 2. After the Bank Association has received evidence satisfactory to it that the Special Account has Accounts have been opened, withdrawals from the Loan Credit Account of amounts to be deposited into the Special Account Accounts shall be made as follows: (a) if the Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if the Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the respective Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the respective Special Account, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the any Special Account: (a) if the BankAssociation, at any time, is not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-Report- based Disbursements; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the BankAssociation, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the Special AccountAccounts; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be. 5. The Bank Association shall not be required to make further deposits into the Special Account Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower and the Guarantor of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the Special Account Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Borrower and the Guarantor of its determination. (a) If the Bank Association determines at any time that any payment out of the any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the respective Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the any Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the Special AccountAccounts. (d) Refunds to the Bank Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan this Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (ia) an with respect to Special Account A, for Categories 2 (b), 3 (b), 4 (b), 5, 6 and 7 (b) the amount of equivalent to $600,000 2,000,000 to be withdrawn from the Loan Credit Account and deposited into the Borrower’s central bank for Special Account AA pursuant to paragraph 2 of this Annex; and (iib) an with respect to Special Account B, for Categories 1, 2 (a), 3 (a), 4 (a) and 7 (a), the amount of equivalent to $1,400,000 3,000,000 to be withdrawn from the Loan Credit Account and deposited into the Borrower’s central bank for Special Account B, all B pursuant to paragraph 2 of this Annex.

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower and the Participating States which have established their respective PFMU may each open and maintain in Dollars a special deposit account (Federal Special Account and State Special Accounts A, B, and C, respectively) in its central banka commercial Bank acceptable to the Association, on terms and conditions satisfactory to the BankAssociation, two separate special deposit accounts (Special Account Aincluding appropriate protection against set-off, for Parts C seizure and D of the Project, and Special Account B, for Part B of the Project)attachment. 2. After the Bank Association has received evidence satisfactory to it that the respective Special Account has been opened, withdrawals from the Loan Credit Account of amounts to be deposited into the respective Special Account shall be made as follows: (a) if the Borrower is not making Report-based Based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if the Borrower is making Report-based Based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the respective Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower or a Participating State out of the Federal Special Account or its State Special Account, respectively, the Borrower or the Participating State shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the respective Special AccountAccount if: (a) if the BankAssociation, at any time, is not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Based Disbursements; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower or a Participating State directly from the Loan Credit Account; or (c) if the Borrower or a Participating State shall have failed to furnish to the BankAssociation, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the respective Special Account; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be. 5. The Bank Association shall not be required to make further deposits into the respective Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower of or a Participating State its intention to suspend in whole or in part the right of the Borrower or Participating State to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the respective Special Account may be made and what procedures should be followed for making such deposits, and shall notify the Borrower and the Participating State of its determination. (a) If the Bank Association determines at any time that any payment out of the respective Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower or Participating State shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the respective Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the respective Special Account shall be made until the Borrower or Participating State has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the respective Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower or Participating State shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower or Participating State may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the respective Special Account. (d) Refunds to the Bank Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan this Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an amount of $600,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex.:

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower may open and maintain in Dollars two separate special deposit accounts: (i) TPA Special Account for Part C.1 of the Project; (ii) SUMATRA Special Account for Parts C.2, C. 3 and C.4 of the Project, all in its central banka commercial Bank acceptable to the Association, on terms and conditions satisfactory to the BankAssociation, two separate special deposit accounts (Special Account Aincluding appropriate protection against set-off, for Parts C seizure and D of the Project, and Special Account B, for Part B of the Project)attachment. 2. After the Bank Association has received evidence satisfactory to it that the Special Account has Accounts have been opened, withdrawals from the Loan Credit Account of amounts to be deposited into the Special Account Accounts shall be made as follows: (a) if the Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if the Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the a Special Account, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the any Special Account: (a) if the BankAssociation, at any time, is not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursements; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the BankAssociation, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the any Special Account; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be. 5. The Bank Association shall not be required to make further deposits into the any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the Special Account Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank Association determines at any time that any payment out of the any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the said Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the any Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the a Special Account. (d) Refunds to the Bank Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan Credit Agreement. 1. For the purposes of this Annex, Annex the term “Authorized Allocation” means: (i) an amount of $600,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex.:

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower may shall open and maintain in Dollars two special deposit accounts, namely the Federation Special Account and the Republika Srpska Special Account, in its central a commercial bank, on terms and conditions satisfactory to the BankAssociation, two separate special deposit accounts (Special Account Aincluding appropriate protection against set-off, for Parts C seizure and D of the Project, and Special Account B, for Part B of the Project)attachment. 2. After the Bank Association has received evidence satisfactory to it that the Special Account has Accounts have been opened, withdrawals from the Loan Credit Account of amounts to be deposited into the Special Account Accounts shall be made as follows: (a) if until the Association shall have received: (i) the first Project Management Report referred to in Section 3.02 (b) of the Federation Project Agreement and Republika Srpska Project Agreement; and (ii) a request from the Borrower is not making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if upon receipt by the Association of Project Management Reports pursuant to Section 3.02 (b) of the Federation Project Agreement and Republika Srpska Project Agreement, accompanied by a request from the Borrower is making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the each Special Account, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the any Special Account: (a) if the Bank, Association determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursementspursuant to Section 3.02 of the Project Agreements; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the Bank, Association within the period of time specified in Section 4.01 3.01 (b) (ii) of this Agreementthe Project Agreements, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: of (iA) the records and accounts for the any Special Account; Account or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beProject Management Reports. 5. The Bank Association shall not be required to make further deposits into the any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the Special Account Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank Association determines at any time that any payment out of the any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the said Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the any Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the Special Account. (d) Refunds to the Bank Association made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan this Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an amount of $600,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex.:

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower may shall open and maintain in Dollars dollars four separate special deposit accounts: (the MRH Special Account, the GHA Special Account, the DFR Special Account and the DUR Special Account) in its central bankcommercial banks, on terms and conditions satisfactory to the BankAssociation, two separate special deposit accounts (Special Account Aincluding appropriate protection against set-off, for Parts C seizure and D of the Project, and Special Account B, for Part B of the Project)attachment. 2. After the Bank Association has received evidence satisfactory to it that the Special Account has Accounts have been opened, withdrawals from the Loan Credit Account of amounts to be deposited into the said Special Account Accounts shall be made as follows: (a) if until the Association shall have received (i) the first Project Management Report referred to in Section 4.02(b) of this Agreement and (ii) a request from the Borrower is not making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if upon receipt by the Association of a Project Management Report pursuant to Section 4.02(b) of this Agreement, accompanied by a request from the Borrower is making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the a Special Account, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the any Special Account: (a) if the Bank, Association determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursementspursuant to Section 4.02 of this Agreement; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the Bank, Association within the period of time specified in Section 4.01 (b) (ii4.01(b)(ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: of (iA) the records and accounts for the any Special Account; Account or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beProject Management Reports. 5. The Bank Association shall not be required to make further deposits into the any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the Special Account Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank Association determines at any time that any payment out of the any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the said Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the any Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the a Special Account. (d) Refunds to the Bank Association made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan Development Credit Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an amount of $600,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex.:

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower may shall open and maintain in Dollars DEM two special deposit accounts, namely the Federation Special Account and the Republika Srpska Special Account, in its central a commercial bank, on terms and conditions satisfactory to the BankAssociation, two separate special deposit accounts (Special Account Aincluding appropriate protection against set-off, for Parts C seizure and D of the Project, and Special Account B, for Part B of the Project)attachment. 2. After the Bank Association has received evidence satisfactory to it that the Special Account has Accounts have been opened, withdrawals from the Loan Credit Account of amounts to be deposited into the Special Account Accounts shall be made as follows: (a) if until the Association shall have received: (i) the first Project Management Report referred to in Section 3.02(b) of the Federation Project Agreement and Republika Srpska Project Agreement; and (ii) a request from the Borrower is not making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if upon receipt by the Association of Project Management Reports pursuant to Section 3.02 (b) of the Federation Project Agreement and Republika Srpska Project Agreement, accompanied by a request from the Borrower is making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the each Special Account, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the any Special Account: (a) if the Bank, Association determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursementspursuant to Section 3.02 of the Project Agreements; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the Bank, Association within the period of time specified in Section 4.01 3.01 (b) (ii) of this Agreementthe Project Agreements, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: of (iA) the records and accounts for the any Special Account; Account or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beProject Management Reports. 5. The Bank Association shall not be required to make further deposits into the any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the Special Account Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank Association determines at any time that any payment out of the any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the said Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the any Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the Special Account. (d) Refunds to the Bank Association made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan this Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an amount of $600,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex.:

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower may Recipient shall, for the purposes of the Project, open and maintain in Dollars dollars, in its central bank, a commercial bank on terms and conditions satisfactory to the Bank, including appropriate protection against set off, seizure or attachment, two separate special deposit accounts (Special Account A, for Parts C MEMD/REA and D of the Project, and Special Account B, for Part B of the Project)PSF. 2. After the Bank has received evidence satisfactory to it that the a Special Account has been opened, withdrawals from the Loan Trust Fund Grant Account of amounts to be deposited into the said GEF Special Account shall be made as follows: (a) if until the Borrower is not making Report-based DisbursementsBank shall have received: (i) the first Project Management Report referred to in Section 4.02 (b) of this Agreement; and (ii) a request from the Recipient for withdrawal on the basis of Project Management Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if upon receipt by the Borrower is making Report-based DisbursementsBank of a Project Management Report pursuant to Section 4.02 (b) of this Agreement, accompanied by a request from the Recipient for withdrawal on the basis of Project Management Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the Special each special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower Recipient out of the a Special Account, the Borrower Recipient shall, at such time as the Bank shall reasonably request, furnish to the Bank such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank shall not be required to make further deposits into the any Special Account: (a) if the Bank, Bank determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursementspursuant to Section 4.02 of this Agreement; (b) if the Bank determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower Recipient directly from the Loan GEF Trust Fund Grant Account; or (c) if the Borrower Recipient shall have failed to furnish to the Bank, Bank within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank pursuant to said Section in respect of the audit of: (i) the records and accounts for the any Special Account; , or (ii) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beProject Management Reports. 5. The Bank shall not be required to make further deposits into the any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank shall have notified the Borrower Recipient of its intention to suspend in whole or in part the right of the Borrower Recipient to make withdrawals from the Loan GEF Trust Fund Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank shall determine, in its sole discretion, whether further deposits into the Special Account Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Borrower Recipient of its determination. (a) If the Bank determines at any time that any payment out of the any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Bank, the Borrower Recipient shall, promptly upon notice from the Bank, provide such additional evidence as the Bank may request, or deposit into the said Special Account (or, if the Bank shall so request, refund to the Bank) an amount equal to the amount of such payment. Unless the Bank shall otherwise agree, no further deposit by the Bank into the any Special Account shall be made until the Borrower Recipient has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank determines at any time that any amount outstanding in the any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower Recipient shall, promptly upon notice from the Bank, refund to the Bank such outstanding amount. (c) The Borrower Recipient may, upon notice to the Bank, refund to the Bank all or any portion of the funds on deposit in the a Special Account. (d) Refunds to the Bank made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan GEF Trust Fund Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan GEF Trust Fund Grant Agreement.. Annex A to SCHEDULE 1 Operation of GEF Special Account 1. For the purposes of this Annex, the term "Authorized Allocation" means: (ia) in respect of the MEMD/REA Special Account an amount of equivalent to $600,000 250,000 to be withdrawn from the Loan GEF Trust Fund Grant Account and deposited into the Borrower’s central bank for MEMD/REA Special Account Apursuant to paragraph 3 (a) of this Schedule; and (iib) in respect of the PSF Special Account an amount of equivalent to $1,400,000 1,000,000 to be withdrawn from the Loan GEF Trust Fund Grant Account and deposited into the Borrower’s central bank for PSF Special Account B, all pursuant to paragraph 2 3 (a) of this Annex.Schedule, provided, however, that, unless the Bank shall otherwise agree, said Authorized Allocation shall be limited to an amount equivalent to $500,000, until the aggregate amount of withdrawals from the GEF Grant Account of amounts allocated to the PSF Special Account’s Eligible Categories, plus the total amount of all outstanding special commitments entered into by the Bank pursuant to Section 5.02 of the General Conditions in respect of amounts allocated to said Categories, shall equal or exceed the equivalent of SDR 3,000,000;

Appears in 1 contract

Sources: Global Environment Facility Trust Fund Grant Agreement

Special Accounts. 1. The Borrower may shall open and maintain in Dollars two (2) separate special deposit accounts (Special Account A for Parts A, B and C.3 of the Project and Special Account B for Part C.1 and 2 of the Project, in its central bankone or more commercial banks, on terms and conditions satisfactory to the BankAdministrator, two separate special deposit accounts (including appropriate protection against set-off, seizure and attachment. Special Account AA shall be used exclusively to finance expenditures under Categories (1), for Parts C (2), (3)(a) and D (4) set forth in the table in paragraph A.1 of the Project, Schedule 1 to this Agreement and Special Account B, for Part B shall be used exclusively to finance expenditures under Category (3)(b) set forth in the table in paragraph A.1 of the Project)Schedule 1 to this Agreement. 2. After the Bank Administrator has received evidence satisfactory to it that the a Special Account has been opened, withdrawals from the Loan Credit Account of amounts to be deposited into the said Special Account shall be made as follows: (a) if until the Administrator shall have received: (i) the first Project Management Report referred to in Section 4.02(b) of this Agreement; and (ii) a request from the Borrower is not making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if upon receipt by the Administrator of a Project Management Report pursuant to Section 4.02(b) of this Agreement, accompanied by a request from the Borrower is making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the a Special Account, the Borrower shall, at such time as the Bank Administrator shall reasonably request, furnish to the Bank Administrator such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Administrator shall not be required to make further deposits into the any Special Account: (a) if the Bank, Administrator determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursementspursuant to Section 4.02 of this Agreement; (b) if the Bank Administrator determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the Bank, Administrator within the period of time specified in Section 4.01 (b) (ii4.01(b)(ii) of this Agreement, any of the audit reports required to be furnished to the Bank Administrator pursuant to said Section in respect of the audit of: of (iA) the records and accounts for the any Special Account; Account or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beProject Management Reports. 5. The Bank Administrator shall not be required to make further deposits into the any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Administrator shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 Section 6. 02 of the General Conditions. Upon such notification, the Bank Administrator shall determine, in its sole discretion, whether further deposits into the Special Account Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank Administrator determines at any time that any payment out of the any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAdministrator, the Borrower shall, promptly upon notice from the BankAdministrator, provide such additional evidence as the Bank Administrator may request, or deposit into the said Special Account (or, if the Bank Administrator shall so request, refund to the BankAdministrator) an amount equal to the amount of such payment. Unless the Bank Administrator shall otherwise agree, no further deposit by the Bank Administrator into the any Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Administrator determines at any time that any amount outstanding in the any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAdministrator, refund to the Bank Administrator such outstanding amount. (c) The Borrower may, upon notice to the BankAdministrator, refund to the Bank Administrator all or any portion of the funds on deposit in the a Special Account. (d) Refunds to the Bank Administrator made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan Trust Fund Credit Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) in respect of Special Account A, an amount of equivalent to $600,000 1,000,000 to be withdrawn from the Loan Credit Account and deposited into the Borrower’s central bank for Special Account AA pursuant to paragraph 2 of this Annex; and (ii) in respect of Special Account B, an amount of equivalent to $1,400,000 100,000 to be withdrawn from the Loan Credit Account and deposited into the Borrower’s central bank for Special Account B, all B pursuant to paragraph 2 of this Annex.

Appears in 1 contract

Sources: Trust Fund Credit Agreement

Special Accounts. 1. The Borrower may shall open and maintain in Dollars CFA Francs three separate special deposit accounts, one for Parts A, B.3, C, D and E of the Project, one for Part B.1 of the Project and one for Part B.2 of the Project, in its central a commercial bank, on terms and conditions satisfactory to the BankAssociation, two separate special deposit accounts (Special Account Aincluding appropriate protection against set-off, for Parts C seizure and D of the Project, and Special Account B, for Part B of the Project)attachment. 2. After the Bank Association has received evidence satisfactory to it that the a Special Account has been opened, withdrawals from the Loan Credit Account of amounts to be deposited into the said Special Account shall be made as follows: (a) if until the Association shall have received: (i) the first Project Management Report referred to in Section 4.02 (b) of this Agreement; and (ii) a request from the Borrower is not making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if upon receipt by the Association of a Project Management Report pursuant to Section 4.02 (b) of this Agreement, accompanied by a request from the Borrower is making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the a Special Account, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the any Special Account: (a) if the Bank, Association determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursementspursuant to Section 4.02 of this Agreement; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the Bank, Association within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the any Special Account; , or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beProject Management Reports. 5. The Bank Association shall not be required to make further deposits into the any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the Special Account Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank Association determines at any time that any payment out of the any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the said Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the any Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the a Special Account. (d) Refunds to the Bank Association made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan Development Credit Agreement. 1. For the purposes of this Annex, Annex the term "Authorized Allocation" means: (i) in respect of the Special Account for Parts A, B.3, C, D and E of the Project, an amount of $600,000 CFA Francs 500,000,000 to be withdrawn from the Loan Credit Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex; provided, however, that, unless the Association shall otherwise agree, said Authorized Allocation shall be limited to an amount of CFA Francs 250,000,000, until the aggregate amount of withdrawals from the Credit Account of amounts allocated to said Special Account’s Eligible Categories, plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions in respect of amounts allocated to said Categories, shall equal or exceed the equivalent of SDR 3,000,000; (ii) in respect of the Special Account for Part B.1 of the Project, an amount of CFA Francs 500,000,000 to be withdrawn from the Credit Account and deposited into the Special Account pursuant to paragraph 2 of this Annex; provided, however, that, unless the Association shall otherwise agree, said Authorized Allocation shall be limited to an amount of CFA Francs 250,000,000, until the aggregate amount of withdrawals from the Loan Account of amounts allocated to said Special Account’s Eligible Category, plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions in respect of amounts allocated to said Category, shall equal or exceed the equivalent of SDR 3,000,000; and (iii) in respect of the Special Account for Part B.2 of the Project, an amount of CFA Francs 140,000,000 to be withdrawn from the Credit Account and deposited into the Special Account pursuant to paragraph 2 of this Annex; provided, however, that, unless the Association shall otherwise agree, said Authorized Allocation shall be limited to an amount of CFA Francs 70,000,000, until the aggregate amount of withdrawals from the Loan Account of amounts allocated to said Special Account’s Eligible Category, plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions in respect of amounts allocated to said Category, shall equal or exceed the equivalent of SDR 3,000,000.

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower may open and maintain in Dollars in its central bank, on terms and conditions satisfactory to the Bank, two separate special deposit accounts (Special Account A, for Parts C and D of the Project, and Special Account B, for Part B of the Project). 2. After the Bank Association has received evidence satisfactory to it that the Special Account has A and Special Account B have been opened, withdrawals from the Loan Credit Account of amounts to be deposited into the Special Account Accounts shall be made as follows: (a) if the Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if the Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 32. Payments out of the Special Account Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the Special AccountAccounts, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 43. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the Special AccountAccounts: (a) if the BankAssociation, at any time, is not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-Report- based Disbursements; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the BankAssociation, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the Special Account; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be. 54. The Bank Association shall not be required to make further deposits into the Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the Special Account may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank Association determines at any time that any payment out of the Special Account Accounts was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the respective Special Account Accounts (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the Special Account Accounts shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the Special Account Accounts will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the Special AccountAccounts. (d) Refunds to the Bank Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan this Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an means the amount of $600,000 $ 400,000 allocated to Parts B and C of the Project to be withdrawn from the Loan Credit Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all B pursuant to paragraph 2 of this Annex.

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower may shall open and maintain in Dollars two special deposit accounts, namely the Federation Special Account and the Republika Srpska Special Account, in its central a commercial bank, on terms and conditions satisfactory to the BankAssociation, two separate special deposit accounts (Special Account Aincluding appropriate protection against set-off, for Parts C seizure and D of the Project, and Special Account B, for Part B of the Project)attachment. 2. After the Bank Association has received evidence satisfactory to it that the Special Account has Accounts have been opened, withdrawals from the Loan Credit Account of amounts to be deposited into the Special Account Accounts shall be made as follows: (a) if until the Association shall have received: (i) the first Project Management Report referred to in Section 3.02(b) of the Federation Project Agreement and Republika Srpska Project Agreement; and (ii) a request from the Borrower is not making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if upon receipt by the Association of Project Management Reports pursuant to Section 3.02 (b) of the Federation Project Agreement and Republika Srpska Project Agreement, accompanied by a request from the Borrower is making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the each Special Account, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the any Special Account: (a) if the Bank, Association determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursementspursuant to Section 3.02 of the Project Agreements; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the Bank, Association within the period of time specified in Section 4.01 3.01 (b) (ii) of this Agreementthe Project Agreements, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: of (iA) the records and accounts for the any Special Account; Account or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beProject Management Reports. 5. The Bank Association shall not be required to make further deposits into the any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the Special Account Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank Association determines at any time that any payment out of the any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the said Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the any Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the Special Account. (d) Refunds to the Bank Association made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan this Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an amount of $600,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex.:

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower may shall open and maintain in Dollars dollars in its central banka bank acceptable to the Association two separate special deposit accounts, one in the name of the National Secretariat (the NS Special Account) and the other in the name of the Emergency HIV/AIDS Fund (the Fund Special Account), all on terms and conditions satisfactory to the BankAssociation, two separate special deposit accounts (including appropriate protection against set-off, seizure and attachment. Except as the Association may otherwise specify by notice to the Borrower, all withdrawals from the Credit Account shall be deposited by the Association into the respective Special Account A, for Parts C and D in accordance with the provisions of the Project, and this Schedule. Payments out of each Special Account Bshall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of a Special Account, the Borrower shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Part B of the Project)Eligible Expenditures. 2. After the Bank Association has received evidence satisfactory to it that the a Special Account has been opened, withdrawals from the Loan Credit Account of amounts to be deposited into the Special Account shall be made as follows: (a) if until the Association shall have received (i) the first Project Management Report referred to in Section 4.02 (b) of this Agreement; and (ii) a request from the Borrower is not making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if upon receipt by the Association of a Project Management Report pursuant to Section 4.02 (b) of this Agreement, accompanied by a request from the Borrower is making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1Schedule. 3. Payments out of the each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the a Special Account, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the any Special Account: (a) if the Bank, Association determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursementspursuant to Section 4.02 of this Agreement; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the Bank, Association within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: of (iA) the records and accounts for the any Special Account; Account or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beProject Management Reports. 5. The Bank Association shall not be required to make further deposits into the any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank shall determine, in its sole discretion, whether further deposits into the Special Account may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank determines at any time that any payment out of the Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Bank, the Borrower shall, promptly upon notice from the Bank, provide such additional evidence as the Bank may request, or deposit into the Special Account (or, if the Bank shall so request, refund to the Bank) an amount equal to the amount of such payment. Unless the Bank shall otherwise agree, no further deposit by the Bank into the Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank determines at any time that any amount outstanding in the Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the Bank, refund to the Bank such outstanding amount. (c) The Borrower may, upon notice to the Bank, refund to the Bank all or any portion of the funds on deposit in the Special Account. (d) Refunds to the Bank made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an amount of $600,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex.Section

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower shall cause to be opened and maintained in dollars two separate special deposit accounts (the Federal Special Account, and the State Special Account) in commercial banks, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment. When the conditions set forth in Paragraph 4 of Schedule 5 have been met for a Participating State, such Participating State may open and maintain in Dollars dollars its own Special Account in its central a commercial bank, on terms and conditions satisfactory to the BankAssociation, two separate special deposit accounts (including appropriate protection against set-off, seizure and attachment. A Participating State which has opened its own Special Account A, for Parts C and D of shall not be entitled to further withdrawals from the Project, and State Special Account B, for Part B of the Project)Account. 2. After the Bank Association has received evidence satisfactory to it that the Special Account has Accounts have been opened, withdrawals from the Loan Credit Account of amounts to be deposited into the said Special Account Accounts shall be made as follows: (a) if until the Association shall have received: (i) the first Financial Monitoring Report referred to in Section 4.02 (b) of this Agreement; and (ii) a request from the Borrower is not making Report-based Disbursementsfor withdrawal on the basis of Financial Monitoring Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if upon receipt by the Association of a Financial Monitoring Report pursuant to Section 4.02 (b) of this Agreement, accompanied by a request from the Borrower is making Report-based Disbursementsfor withdrawal on the basis of Project Monitoring Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the a Special Account, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the any Special Account: (a) if the Bank, Association determines at any time, is time that any Financial Monitoring Report does not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursementspursuant to Section 4.02 of this Agreement; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the Bank, Association within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the any Special Account; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beFinancial Monitoring Reports. 5. The Bank Association shall not be required to make further deposits into the any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the Special Account Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank Association determines at any time that any payment out of the any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the said Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the any Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the a Special Account. (d) Refunds to the Bank Association made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan this Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an amount of $600,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex.:

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower may shall open and maintain in Dollars FCFA in its central a commercial bank, on terms and conditions satisfactory to the BankAssociation, two separate including appropriate protection against set-off, seizure and attachment four special deposit accounts accounts, namely: (a) Special Account A for the proceeds of the Credit allocated to the financing of Part B. 2 of the Project; (b) Special Account B for the proceeds of the Credit allocated to the financing of Parts A, for Parts B.1, C and D of the Project, and ; (c) Special Account B, C for the proceeds of the Grant allocated to the financing of Part B B. 2 of the Project).; and 2. After the Bank has received evidence satisfactory to it that the (d) Special Account has been openedD for the proceeds of the Grant allocated to the financing of Parts A, B.1, C and D of the Project. Except as the Association may otherwise specify by notice to the Borrower, all withdrawals from the Loan Account of amounts to Financing Accounts shall be deposited by the Association into the respective Special Account shall be made as follows: (a) if the Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if the Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3Schedule. Payments out of the each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the a Special Account, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 42. Except as the Association shall otherwise agree, after the Association has received evidence satisfactory to it that a Special Account have been duly opened, withdrawals from the relevant Financing Account of amounts to be deposited into the said Special Account shall be made as follows: (a) Each application for withdrawal from the Financing Accounts shall be supported by a Financial Monitoring Report. (b) Upon receipt of each application for withdrawal of an amount of the Financing, the Association shall, on behalf of the Borrower, withdraw from the relevant Financing Account and deposit into the said Special Account an amount equal to the lesser of: (i) the amount so requested; and (ii) the amount which the Association has determined, based on the Financial Monitoring Report accompanying said application, is required to be deposited in order to finance Eligible Expenditures during the six-month period following the date of such report; provided, however, that the amount so deposited, when added to the amount indicated by said report to be remaining in the said Special Account, shall not exceed the equivalent of CFAF 300,000,000 in respect of Special Account A, CFAF 1.2 billion in respect of Special Account B, CFAF 250,000,000 CFAF in respect of Special Account C, and CFAF 900,000,000 CFAF in respect of Special Account D. Each such deposit into said Special Account shall be withdrawn by the Association from the relevant Financing Account under one or more Categories of said Special Account’s Eligible Expenditures. 3. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the any Special Account: (a) if the Bank, Association determines at any time, is time that any Financial Monitoring Report does not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursementspursuant to Section 4.02 of this Agreement; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan AccountFinancing Accounts; or (c) if the Borrower shall have failed to furnish to the BankAssociation, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: (i) the records and accounts for any of the Special Account; Accounts, or (ii) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beFinancial Monitoring Reports. 54. The Bank Association shall not be required to make further deposits into any of the Special Account Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Account Financing Accounts pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the a Special Account may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank Association determines at any time that any payment out of the a Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the said Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank shall otherwise agree, no further deposit by the Bank into the Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the a Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the a Special Account. (d) Refunds to the Bank Association made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 5 shall be credited to the Loan relevant Financing Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan Development Financing Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an amount of $600,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex.:

Appears in 1 contract

Sources: Agreement Amending the Development Credit Agreement

Special Accounts. 1. The Borrower Upon receipt of notification from the Association allowing the establishment of such accounts, the Recipient may open and maintain in Dollars Dollars: (a) a special deposit account for Part A and Part C of the Project (PL480 Special Account); and (b) a special deposit account for Part B of the Project (DPC Special Account); all in its central banka bank acceptable to the Association, on terms and conditions satisfactory to the BankAssociation, two separate special deposit accounts (Special Account Aincluding appropriate protection against set-off, for Parts C seizure and D of the Project, and Special Account B, for Part B of the Project)attachment. 2. After the Bank Association has received evidence satisfactory to it that the Special Account has Accounts have been opened, withdrawals from the Loan Grant Account of amounts to be deposited into any of the Special Account Accounts shall be made as follows: (a) if the Borrower Recipient is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if the Borrower Recipient is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of any of the Special Account Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower Recipient out of any of the Special AccountAccounts, the Borrower Recipient shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into any of the Special AccountAccounts: (a) if the BankAssociation, at any time, is not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-Report- based Disbursements; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower Recipient directly from the Loan Grant Account; or (c) if the Borrower Recipient shall have failed to furnish to the BankAssociation, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for each of the Special AccountAccounts; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be. 5. The Bank Association shall not be required to make further deposits into any of the Special Account Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower Recipient of its intention to suspend in whole or in part the right of the Borrower Recipient to make withdrawals from the Loan Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into any of the Special Account Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Borrower Recipient of its determination. (a) If the Bank Association determines at any time that any payment out of any of the Special Account Accounts was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower Recipient shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the said Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into any of the Special Account Accounts shall be made until the Borrower Recipient has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in any of the Special Account Accounts will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower Recipient shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower Recipient may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in any of the Special AccountAccounts. (d) Refunds to the Bank Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan Grant Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (ia) an the amount of $600,000 to be withdrawn from the Loan Grant Account and deposited into the Borrower’s central bank for PL480 Special Account AAccount; and (iib) an the amount of $1,400,000 300,000 to be withdrawn from the Loan Grant Account and deposited into the Borrower’s central bank for DPC Special Account BAccount, all pursuant to paragraph 2 of this Annex.

Appears in 1 contract

Sources: Development Grant Agreement

Special Accounts. 1. The Borrower may may, for the purposes of each of: (i) Parts A and B open and maintain in Dollars United States dollars a separate special deposit account in its central bank, Central Bank on terms and conditions satisfactory to the Bank, two separate special deposit accounts Association (Special Account A, for Parts A and B of the Project); and (ii) Part C and D of the Project, open and maintain in United States dollars a separate special deposit account in a commercial bank on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure or attachment (Special Account B, for Part B C of the Project). 2. After the Bank Association has received evidence satisfactory to it that the respective Special Account has been opened, withdrawals from the Loan Credit Account of amounts to be deposited into the respective Special Account shall be made as follows: (a) if the Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if the Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the respective Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the Special Account, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the any Special Account: (a) if the BankAssociation, at any time, is not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursements; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the BankAssociation, within the period of time specified in Section 4.01 (b4.01(b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the Special AccountAccounts; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be. 5. The Bank Association shall not be required to make further deposits into the any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the any Special Account may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank Association determines at any time that any payment out of the any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the respective Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the any Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the Special AccountAccounts. (d) Refunds to the Bank Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan Credit Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an means the amount of $600,000 US$800,000 to be withdrawn from the Loan Credit Account and deposited into the Borrower’s central bank for Special Account A; for Parts A and (ii) an amount B of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all Project pursuant to paragraph 2 of this Annex.

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower and the Participating States which have established their respective PFMU may each open and maintain in Dollars a special deposit account (Federal Special Account and State Special Accounts A, B, and C, respectively) in its central banka commercial Bank acceptable to the Association, on terms and conditions satisfactory to the BankAssociation, two separate special deposit accounts (Special Account Aincluding appropriate protection against set-off, for Parts C seizure and D of the Project, and Special Account B, for Part B of the Project)attachment. 2. After the Bank Association has received evidence satisfactory to it that the respective Special Account has been opened, withdrawals from the Loan Credit Account of amounts to be deposited into the respective Special Account shall be made as follows: (a) if the Borrower is not making Report-based Based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if the Borrower is making Report-based Based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the respective Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower or a Participating State out of the Federal Special Account or its State Special Account, respectively, the Borrower or the Participating State shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the respective Special AccountAccount if: (a) if the BankAssociation, at any time, is not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Based Disbursements; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower or a Participating State directly from the Loan Credit Account; or (c) if the Borrower or a Participating State shall have failed to furnish to the BankAssociation, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the respective Special Account; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be. 5. The Bank Association shall not be required to make further deposits into the respective Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower of or a Participating State its intention to suspend in whole or in part the right of the Borrower or Participating State to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the respective Special Account may be made and what procedures should be followed for making such deposits, and shall notify the Borrower and the Participating State of its determination. (a) If the Bank Association determines at any time that any payment out of the respective Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower or Participating State shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the respective Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the respective Special Account shall be made until the Borrower or Participating State has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the respective Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower or Participating State shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower or Participating State may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the respective Special Account. (d) Refunds to the Bank Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan this Agreement.. Operation of Special Account 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an amount of $600,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex.:

Appears in 1 contract

Sources: Development Credit Agreement

Special Accounts. 1. The Borrower may shall open and maintain in Dollars in its central bank, a commercial bank and on terms and conditions satisfactory to the BankAssociation, including appropriate protection against set-off, seizure and attachment, two separate special deposit accounts in CFAF. The first such special deposit account (Special Account A, ) shall be used for Parts C and D withdrawals made in respect of the Project, and Subprojects carried out by Communities pursuant to paragraph 4 of Schedule 4 to this Agreement. The second such special deposit account (Special Account B, ) shall be used for Part B of all other withdrawals made for expenditures under the Project). 2. After the Bank Association has received evidence satisfactory to it that the a Special Account has been opened, withdrawals from the Loan Credit Account of amounts to be deposited into the said Special Account shall be made as follows: (a) if until the Association shall have received: (i) the first Project Management Report referred to in Section 4.02 (b) of this Agreement; and (ii) a request from the Borrower is not making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if upon receipt by the Association of a Project Management Report pursuant to Section 4.02 (b) of this Agreement, accompanied by a request from the Borrower is making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of the a Special Account, the Borrower shall, at such time as the Bank Association shall reasonably request, furnish to the Bank Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Bank Association shall not be required to make further deposits into the any Special Account: (a) if the Bank, Association determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursementspursuant to Section 4.02 of this Agreement; (b) if the Bank Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Loan Credit Account; or (c) if the Borrower shall have failed to furnish to the Bank, Association within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Bank Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the any Special Account; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beProject Management Reports. 5. The Bank Association shall not be required to make further deposits into the any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Bank Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Loan Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Bank Association shall determine, in its sole discretion, whether further deposits into the Special Account Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination. (a) If the Bank Association determines at any time that any payment out of the any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the BankAssociation, the Borrower shall, promptly upon notice from the BankAssociation, provide such additional evidence as the Bank Association may request, or deposit into the said Special Account (or, if the Bank Association shall so request, refund to the BankAssociation) an amount equal to the amount of such payment. Unless the Bank Association shall otherwise agree, no further deposit by the Bank Association into the any Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Bank Association determines at any time that any amount outstanding in the any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the BankAssociation, refund to the Bank Association such outstanding amount. (c) The Borrower may, upon notice to the BankAssociation, refund to the Bank Association all or any portion of the funds on deposit in the a Special Account. (d) Refunds to the Bank Association made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Loan Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Loan Development Credit Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means: (i) an amount of $600,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex.:

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Sources: Development Credit Agreement