Special Accounts. 1. The Borrower shall open and maintain in Dollars three separate special deposit accounts set forth herein: (a) Special Account A, managed by the Borrower for MOE; (b) Special Account B, managed by KenGen upon proper authorization by the Borrower; and (c) Special Account C, managed by KPLC upon proper authorization by the Borrower; in a commercial bank or commercial banks acceptable to the Association, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment. 2. After the Association has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Credit Account of amounts to be deposited into each Special Account shall be made as follows: (a) in respect of Special Account A, for which 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) in respect of Special Accounts B and C, for which KenGen and KPLC each is to request Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower, KenGen and KPLC out of their respective Special Account, the Borrower, KenGen and KPLC 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 Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the Special Accounts B and C: If the Association, at any time, is not satisfied that the reports referred to in Part A.6 of this Schedule 1 adequately provide the information required for Report-based Disbursements; If the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Credit Account; or If KenGen or KPLC shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, and Section 4.02 of each Project Agreement any of the audit reports required to be furnished to the 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 be. 5. The Association shall not be required to make further deposits into any of the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower of its intention to suspend in whole or in part the right either of the Borrower, KenGen or KPLC or of all three of them to make withdrawals for the Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into any or all of the Special 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 Association determines at any time that any payment out of any of the Special Accounts was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the Special Account concerned (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the such Special Account or 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 Association determines at any time that any amount outstanding in a Special Account will not be required to cover payments for Eligible Expenditures during the three-month period following such determination, the Borrower shall, promptly upon notice from the Borrower, refund to the Association such outstanding amount. (c) The Borrower may, upon notice to the Association, refund the Association all or any portion of the funds on deposit in a Special Account. (d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Credit Agreement. 1. For the purposes of this Annex, the term “ Authorized Allocation” means the amount of $250,000 to be withdrawn from the Credit Account and deposited into the Special Account A pursuant to paragraph 2 of this Annex.
Appears in 1 contract
Sources: Development Credit Agreement
Special Accounts. 1. The Borrower shall may, for the purposes, respectively, of each of Parts A, B and C, Part D and Part E of the Project, open and maintain in Dollars dollars three separate special deposit accounts set forth herein: (a) Special Account A, managed by the Borrower for MOE; (b) Special Account B, managed by KenGen upon proper authorization by the Borrower; and (c) Special Account C, managed by KPLC upon proper authorization by the Borrower; in a Ukrainian or foreign commercial bank or commercial banks acceptable to the AssociationBank, on terms and conditions satisfactory to the AssociationBank, including appropriate protection against set-off, seizure and attachment.
2. After the Association Bank has received evidence satisfactory to it that the respective Special Accounts have Account has been opened, withdrawals from the Credit Loan Account of amounts to be deposited into each the respective Special Account shall be made as follows:
(a) in respect of Special Account A, for which 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) in respect of Special Accounts B and C, for which KenGen and KPLC each if the Borrower is to request making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of each the respective Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower, KenGen and KPLC Borrower out of their the respective Special Account, the Borrower, KenGen and KPLC Borrower shall, at such time as the Association Bank shall reasonably request, furnish to the Association 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 Association Bank shall not be required to make further deposits into any Special Account:
(a) if the Special Accounts B and C: If the AssociationBank, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursements; If ;
(b) if the Association Bank determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Credit Loan Account; or If KenGen or KPLC or
(c) if the Borrower shall have failed to furnish to the AssociationBank, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, and Section 4.02 of each Project Agreement any of the audit reports required to be furnished to the Association 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 Association Bank shall not be required to make further deposits into any of the Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association Bank shall have notified the Borrower of its intention to suspend in whole or in part the right either of the Borrower, KenGen or KPLC or of all three of them Borrower to make withdrawals for from the Credit Loan Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association Bank shall determine, in its sole discretion, whether further deposits into any or all of the Special Accounts 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 Association Bank determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the AssociationBank, the Borrower shall, promptly upon notice from the AssociationBank, provide such additional evidence as the Association Bank may request, or deposit into the respective Special Account concerned (or, if the Association Bank shall so request, refund to the AssociationBank) an amount equal to the amount of such payment. Unless the Association Bank shall otherwise agree, no further deposit by the Association Bank into the such any Special Account or 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 Association Bank determines at any time that any amount outstanding in a any Special Account will not be required to cover payments for Eligible Expenditures during the threesix-month period following such determination, the Borrower shall, promptly upon notice from the BorrowerBank, refund to the Association Bank such outstanding amount.
(c) The Borrower may, upon notice to the AssociationBank, refund to the Association Bank all or any portion of the funds on deposit in a the Special AccountAccounts.
(d) Refunds to the Association Bank made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Loan Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Credit Loan Agreement.
1. For the purposes of this Annex, the term “ “Authorized Allocation” means the amount of $250,000 1,000,000 in respect of the Special Account for Parts A, B and C of the Project, an amount of $500,000 in respect of the Special Account for Part D of the Project, and an amount of $500,000 in respect of the Special Account for Part E of the Project, to be withdrawn from the Credit Loan Account and deposited into the Special Account A Accounts pursuant to paragraph 2 of this Annex.
Appears in 1 contract
Sources: Loan Agreement
Special Accounts. 1. The Borrower shall open and maintain in Dollars three separate special deposit accounts set forth herein: (a) Special Account A, managed by the Borrower for MOE; (b) Credit and Special Account B, managed by KenGen upon proper authorization by the Borrower; and (c) Special Account C, managed by KPLC upon proper authorization by the Borrower; Grant in a commercial bank or commercial banks acceptable to the Associationits Central Bank, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment.
2. After the Association has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Credit Account Financing Accounts of amounts to be deposited into each the Special Account Accounts shall be made as follows:
(a) until the Association shall have received: (i) the first Project Management Report referred to in respect Section 4.02 (b) of Special Account A, for which 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) in respect upon receipt by the Association of Special Accounts B and Ca Project Management Report pursuant to Section 4.02 (b) of this Agreement, accompanied by a request from the Borrower for which KenGen and KPLC each is to request Report-based Disbursementswithdrawal 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 each the Special Account Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower, KenGen and KPLC Borrower out of their respective the Special AccountAccounts, the Borrower, KenGen and KPLC 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 Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the Special Accounts B and C: If Accounts:
(a) if the Association, Association determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.6 of this Schedule 1 adequately provide the information required for Report-based Disbursements; If pursuant to Section 4.02 of this Agreement;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Credit AccountFinancing Accounts; or If KenGen or KPLC or
(c) if the Borrower shall have failed to furnish to the Association, Association within the period of time specified in Section 4.01 (b) (ii) of this Agreement, and Section 4.02 of each Project Agreement any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit 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 Association shall not be required to make further deposits into any of the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower of its intention to suspend in whole or in part the right either of the Borrower, KenGen or KPLC or of all three of them Borrower to make withdrawals for from the Credit Account or the Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into any or all of the Special 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 Association determines at any time that any payment out of any of the Special Accounts Account Credit or the Special Account Grant was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the Special Account concerned Credit or the Special Account Grant, as the case may be, (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the such Special Account Credit or Accounts the Special Grant 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 Association determines at any time that any amount outstanding in a the Special Account Accounts will not be required to cover payments for Eligible Expenditures during the threesix-month period following such determination, the Borrower shall, promptly upon notice from the BorrowerAssociation, refund to the Association such outstanding amount.
(c) The Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a the Special AccountAccounts.
(d) Refunds to the Association made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Account or the Grant Account, as the case may be, for subsequent withdrawal or for cancellation in accordance with the provisions of the Credit this Agreement.
1. For the purposes of this Annex, the term “ Authorized Allocation” means the amount of $250,000 to be withdrawn from the Credit Account and deposited into the Special Account A pursuant to paragraph 2 of this Annex.:
Appears in 1 contract
Sources: Development Credit Agreement
Special Accounts. 1. The Borrower shall may open and maintain in Dollars three two separate special deposit accounts set forth herein: accounts, one for Part A through D of the Project (a) Special Account A, managed by ) and one for Part E of the Borrower for MOE; Project (b) Special Account B), managed by KenGen upon proper authorization by the Borrower; and (c) Special Account C, managed by KPLC upon proper authorization by the Borrower; each in a commercial bank or commercial banks acceptable to the Association, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment.
2. After the Association has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Credit Account of amounts to be deposited into each the Special Account Accounts shall be made as follows:
(a) in respect of Special Account A, for which 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) in respect of Special Accounts B and C, for which KenGen and KPLC each if the Borrower is to request making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of each the Special Account Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower, KenGen and KPLC Borrower out of their respective the Special Account, the Borrower, KenGen and KPLC 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 Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the Special Accounts B and C: If Account:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursements; If ;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Credit Account; or If KenGen or KPLC or
(c) if the Borrower shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, and Section 4.02 of each Project Agreement any of the audit reports required to be furnished to the 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 Association shall not be required to make further deposits into any of the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower of its intention to suspend in whole or in part the right either of the Borrower, KenGen or KPLC or of all three of them Borrower to make withdrawals for from the Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into any or all of the Special 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 Association determines at any time that any payment out of any of the Special Accounts was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account concerned (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the such any Special Account or 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 Association determines at any time that any amount outstanding in a any Special Account will not be required to cover payments for Eligible Expenditures during the three-six- month period following such determination, the Borrower shall, promptly upon notice from the BorrowerAssociation, refund to the Association such outstanding amount.
(c) The Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a the Special AccountAccounts.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Credit Agreement.
1. For the purposes of this Annex, the term “ “Authorized Allocation” means the amount of $250,000 $ 9,000,000, in respect of Special Account A and the amount of $ 4,000,000, in respect of Special Account B to be withdrawn from the Credit Account and deposited into the Special Account A Accounts 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 $ 5,750,000 in respect of Special Account A until the aggregate amount of withdrawals from the Credit Account for the purposes of expenditures carried out under Part A through D 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 D of the Project, shall be equal to or exceed the equivalent of SDR 12,000,000.
Appears in 1 contract
Sources: Development Credit Agreement
Special Accounts. 1. The Borrower shall may open and maintain in Dollars three separate special deposit accounts set forth hereinDollars: (a) a DA Special Account A, managed by the Borrower for MOEAccount; (b) a DA Regional Field Unit 6 Special Account B, managed by KenGen upon proper authorization by the BorrowerAccount; (c) a DA Regional Field Unit 7 Special Account; (d) a DA Regional Field Unit 10 Special Account; and (ce) a DA CAR Regional Field Unit Special Account C, managed by KPLC upon proper authorization by the BorrowerAccount; each in a commercial bank or commercial banks acceptable to specifically authorized for this purpose by the Association, Bangko Sentral ng Pilipinas on terms and conditions satisfactory to the AssociationBank, including appropriate protection against set-off, seizure and attachment.
2. After the Association Bank has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Credit Loan Account of amounts to be deposited into each the Special Account Accounts shall be made as follows:
(a) in respect of Special Account A, for which 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) in respect of Special Accounts B and C, for which KenGen and KPLC each if the Borrower is to request making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of each the Special Account Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower, KenGen and KPLC Borrower out of their respective the Special AccountAccounts, the Borrower, KenGen and KPLC Borrower shall, at such time as the Association Bank shall reasonably request, furnish to the Association 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 Association Bank shall not be required to make further deposits into the Special Accounts B and C: If Accounts:
(a) if the AssociationBank, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursements; If ;
(b) if the Association Bank determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Credit Loan Account; or If KenGen or KPLC or
(c) if the Borrower shall have failed to furnish to the AssociationBank, within the period of time specified in Section 4.01 (b) (iib)(ii) of this Agreement, and Section 4.02 of each Project Agreement any of the audit reports required to be furnished to the Association 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 Association Bank shall not be required to make further deposits into any of the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association Bank shall have notified the Borrower of its intention to suspend in whole or in part the right either of the Borrower, KenGen or KPLC or of all three of them Borrower to make withdrawals for from the Credit Loan Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association Bank shall determine, in its sole discretion, whether further deposits into any or all of the Special 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 Association Bank determines at any time that any payment out of any of the Special Accounts was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the AssociationBank, the Borrower shall, promptly upon notice from the AssociationBank, provide such additional evidence as the Association Bank may request, or deposit into the Special Account concerned Accounts (or, if the Association Bank shall so request, refund to the AssociationBank) an amount equal to the amount of such payment. Unless the Association Bank shall otherwise agree, no further deposit by the Association Bank into the such Special Account or 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 Association Bank determines at any time that any amount outstanding in a the Special Account Accounts will not be required to cover payments for Eligible Expenditures during the threesix-month period following such determination, the Borrower shall, promptly upon notice from the BorrowerBank, refund to the Association Bank such outstanding amount.
(c) The Borrower may, upon notice to the AssociationBank, refund to the Association Bank all or any portion of the funds on deposit in a the Special AccountAccounts.
(d) Refunds to the Association Bank made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Loan Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Credit Loan Agreement.
1. For the purposes of this Annex, the term “ Authorized Allocation“eligible Categories” means the amount of $250,000 to be withdrawn from the Credit Account and deposited into the Special Account A pursuant to paragraph 2 of this Annex.means:
Appears in 1 contract
Sources: Loan Agreement
Special Accounts. 1. The Borrower shall Recipient may open and maintain in Dollars three separate two special deposit accounts set forth herein: (a) MOA Special Account A, managed by the Borrower for MOE; (band MASAF Special Account) Special Account B, managed by KenGen upon proper authorization by the Borrower; and (c) Special Account C, managed by KPLC upon proper authorization by the Borrower; in a commercial bank or commercial banks acceptable to the Association, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment.
2. After the Association has received evidence satisfactory to it that the respective Special Accounts have Account has been opened, withdrawals from the Credit Grant Account of amounts to be deposited into each the respective Special Account shall be made as follows:
(a) in respect of Special Account A, for which 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) in respect of Special Accounts B and C, for which KenGen and KPLC each if the Recipient is to request making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of each the respective Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower, KenGen and KPLC Recipient out of their the respective Special Account, the Borrower, KenGen and KPLC Recipient 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 Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the any Special Accounts B and C: If Account:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursements; If ;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower Recipient directly from the Credit Grant Account; or If KenGen or KPLC or
(c) if the Recipient shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, and Section 4.02 of each Project Agreement any of the audit reports required to be furnished to the 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.
5. The Association shall not be required to make further deposits into any of the Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower Recipient of its intention to suspend in whole or in part the right either of the Borrower, KenGen or KPLC or of all three of them Recipient to make withdrawals for from the Credit Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into any or all of the respective Special Accounts 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 Association determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower Recipient shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account concerned (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the such any Special Account or 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 Association determines at any time that any amount outstanding in a any Special Account will not be required to cover payments for Eligible Expenditures during the threesix-month period following such determination, the Borrower Recipient shall, promptly upon notice from the BorrowerAssociation, refund to the Association such outstanding amount.
(c) The Borrower Recipient may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a the respective Special Account.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Credit Grant Agreement.
1. For the purposes of this Annex, the term “ Authorized Allocation” means the amount of $250,000 to be withdrawn from the Credit Account and deposited into the Special Account A pursuant to paragraph 2 of this Annex.
Appears in 1 contract
Sources: Development Grant Agreement
Special Accounts. 1. The Borrower shall Recipient may open and maintain in Dollars three separate two (2) special deposit accounts set forth herein: (Special Account A (PCU) in respect of activities to be financed under Parts C.1, 2, and 3 (a) of the Project, and Special Account B (ASSETIP) in respect of activities to be financed under Parts A, managed by the Borrower for MOE; B, and C.3 (b) Special Account Bof the Project, managed by KenGen upon proper authorization by respectively) in the Borrower; and (c) Special Account C, managed by KPLC upon proper authorization by the Borrower; in a commercial bank or commercial banks acceptable to the AssociationCentral Bank of Rwanda, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment.
2. After the Association has received evidence satisfactory to it that the respective Special Accounts have been opened, withdrawals from the Credit Grant Account of amounts to be deposited into each the respective Special Account Accounts shall be made as follows:
(a) in respect of Special Account A, for which 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) in respect of Special Accounts B and C, for which KenGen and KPLC each if the Recipient is to request making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of each the respective Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower, KenGen and KPLC Recipient out of their the respective Special Account, the Borrower, KenGen and KPLC Recipient 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 Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the respective Special Accounts B and C: If Account:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.4 of this Schedule 1 adequately provide the information required for Report-based Disbursements; If ;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower Recipient directly from the Credit Grant Account; or If KenGen or KPLC or
(c) if the Recipient shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, and Section 4.02 of each Project Agreement any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the respective 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 Association shall not be required to make further deposits into any of the respective Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower Recipient of its intention to suspend in whole or in part the right either of the Borrower, KenGen or KPLC or of all three of them Recipient to make withdrawals for from the Credit Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into any or all of the respective Special Accounts 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 Association determines at any time that any payment out of any of the respective Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower Recipient shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account concerned (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the such Special Account or 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 Association determines at any time that any amount outstanding in a the respective Special Account will not be required to cover payments for Eligible Expenditures during the threesix-month period following such determination, the Borrower Recipient shall, promptly upon notice from the BorrowerAssociation, refund to the Association such outstanding amount.
(c) The Borrower Recipient may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a the respective Special Account.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Credit this Agreement.
1. For the purposes of this Annex, the term “ “Authorized Allocation” means the amount of $250,000 to be withdrawn from the Credit Account and deposited into the Special Account A pursuant to paragraph 2 of this Annex.means:
Appears in 1 contract
Sources: Development Grant Agreement
Special Accounts. 1. The Borrower shall shall, for the purposes of each of Part B of the Project, and Parts A, C, D, E and F of the Project, open and maintain in Dollars three dollars two (2) separate special deposit accounts set forth herein: (a) Special Account A, managed by the Borrower for MOE; (b) Special Account B, managed by KenGen upon proper authorization by the Borrower; and (c) Special Account C, managed by KPLC upon proper authorization by the Borrower; in a commercial bank or commercial banks acceptable to the Associationits Central Bank, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment.
2. After the Association has received evidence satisfactory to it that the a Special Accounts have Account has been opened, withdrawals from the Credit Account of amounts to be deposited into each the said Special Account shall be made as follows:
(a) until the Association shall have received: (i) the first Project Management Report referred to in respect Section 4.02 (b) of Special Account Athis Agreement, for which 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) in respect upon receipt by the Association of Special Accounts B and Ca Project Management Report pursuant to Section 4.02 (b) of this Agreement, accompanied by a request from the Borrower for which KenGen and KPLC each is to request Report-based Disbursementswithdrawal 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 each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower, KenGen and KPLC Borrower out of their respective a Special Account, the Borrower, KenGen and KPLC 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 Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into any Special Account:
(a) if the Special Accounts B and C: If the Association, Association determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.6 of this Schedule 1 adequately provide the information required for Report-based Disbursements; If pursuant to Section 4.02 of this Agreement;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Credit Account; or If KenGen or KPLC or
(c) if the Borrower shall have failed to furnish to the Association, Association within the period of time specified in Section 4.01 (b) (ii) of this Agreement, and Section 4.02 of each Project Agreement any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: 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 Association shall not be required to make further deposits into any of the Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower of its intention to suspend in whole or in part the right either of the Borrower, KenGen or KPLC or of all three of them Borrower to make withdrawals for from the Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into any or all of the Special 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 Association determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the said Special Account concerned (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the such any Special Account or 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 Association determines at any time that any amount outstanding in a any Special Account will not be required to cover payments for Eligible Expenditures during the threesix-month period following such determination, the Borrower shall, promptly upon notice from the BorrowerAssociation, refund to the Association such outstanding amount.
(c) The Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a Special Account.
(d) Refunds to the Association made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Credit Agreement.
1. For the purposes of this Annex, the term “ "Authorized Allocation” means " means: (i) in respect of the Special Account for Part B of the Project, an amount of equivalent to $250,000 500,000 to be withdrawn from the Credit Account and deposited into the Special Account A pursuant to paragraph 2 of this Annex; and (ii) in respect of the Special Account for Parts A, C, D, E and F of the Project, an amount equivalent to $500,000 to be withdrawn from the Credit Account and deposited into the Special Account pursuant to paragraph 2 of this Annex.
Appears in 1 contract
Sources: Development Credit Agreement
Special Accounts. 1. The Borrower shall open and maintain in Dollars three cause four separate special deposit accounts set forth hereinto be opened and maintained in US Dollars: (a) the BPE Special Account, the NCC Special Account, the NERC Special Account, and the LSWC Special Account A, managed by the Borrower for MOE; (b) Special Account B, managed by KenGen upon proper authorization by the Borrower; and (c) Special Account C, managed by KPLC upon proper authorization by the Borrower; in a commercial bank or commercial banks acceptable to the Association, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment.
2. After the Association has received evidence satisfactory to it that the a Special Accounts have Account has been opened, withdrawals from the Credit Account of amounts to be deposited into each said Special Account shall be made as follows:
(a) until the Association shall have received (i) the first Project Management Report referred to in respect Section 4.02 (b) of Special Account A, for which 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) in respect upon receipt by the Association of Special Accounts B and Ca Project Management Report pursuant to Section 4.02 (b) of this Agreement, accompanied by a request from the Borrower for which KenGen and KPLC each is to request Report-based Disbursementswithdrawal 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 each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower, KenGen and KPLC Borrower out of their respective a Special Account, the Borrower, KenGen and KPLC 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 Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into any Special Account:
(a) if the Special Accounts B and C: If the Association, Association determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.6 of this Schedule 1 adequately provide the information required for Report-based Disbursements; If pursuant to Section 4.02 of this Agreement;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Credit Account; or If KenGen or KPLC or
(c) if the Borrower shall have failed to furnish to the Association, Association within the period of time specified in Section 4.01 (b) (ii) of this Agreement, and Section 4.02 of each Project Agreement any of the audit reports required to be furnished to the 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 Association shall not be required to make further deposits into any of the Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower of its intention to suspend in whole or in part the right either of the Borrower, KenGen or KPLC or of all three of them Borrower to make withdrawals for from the Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into any or all of the Special 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 Association determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the said Special Account concerned (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the such any Special Account or 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 Association determines at any time that any amount outstanding in a any Special Account will not be required to cover payments for Eligible Expenditures during the threesix-month period following such determination, the Borrower shall, promptly upon notice from the BorrowerAssociation, refund to the Association such outstanding amount.
(c) The Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a Special Account.
(d) Refunds to the Association made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Development Credit Agreement.
1. For the purposes of this Annex, the term “ Authorized Allocation” means the amount of $250,000 to be withdrawn from the Credit Account and deposited into the Special Account A pursuant to paragraph 2 of this Annex.:
Appears in 1 contract
Sources: Development Credit Agreement
Special Accounts. 1. The Borrower shall NEPA and BPE may each open and maintain in Dollars three separate a special deposit accounts set forth herein: (a) Special Account A, managed by the Borrower for MOE; (b) Special Account B, managed by KenGen upon proper authorization by the Borrower; and (c) Special Account C, managed by KPLC upon proper authorization by the Borrower; account in a commercial bank or commercial banks acceptable to the AssociationAssociation and the Borrower, on terms and conditions satisfactory to the AssociationAssociation and the Borrower, including appropriate protection against set-off, seizure and attachment.
2. After the Association has received evidence satisfactory to it that the respective Special Accounts have Account has been opened, withdrawals from the Credit Account of amounts to be deposited into each the respective Special Account shall be made as follows:
(a) in with respect of Special Account A, for which to the BPE component where 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) in with respect of Special Accounts B and C, for which KenGen and KPLC each to the NEPA components where the Borrower is to request making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of each the respective Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower, KenGen and KPLC BPE or NEPA out of their respective the BPE Special Account or the NEPA Special Account, the Borrower, KenGen and KPLC BPE or NEPA 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 Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the respective Special Accounts B and C: If Account:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursements; If ;
(b) if the 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 Credit Account; or
(c) if BPE or If KenGen or KPLC NEPA shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, and Section 4.02 of each Project Agreement any of the audit reports required to be furnished to the 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 Association shall not be required to make further deposits into any of the respective Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower of its intention to suspend in whole or in part the right either of the Borrower, KenGen or KPLC or of all three of them Borrower to make withdrawals for from the Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into any or all of the respective Special Accounts Account may be made and what procedures should be followed for making such deposits, and shall notify the Borrower BPE and NEPA of its determination.
(a) If the Association determines at any time that any payment out of any of the respective Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower shallBPE or NEPA, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account concerned (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the such respective Special Account or Accounts shall be made until the Borrower BPE or NEPA has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in a the respective Special Account will not be required to cover payments for Eligible Expenditures during the threesix-month period following such determination, the Borrower BPE or NEPA shall, promptly upon notice from the BorrowerAssociation, refund to the Association such outstanding amount.
(c) The Borrower BPE or NEPA may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a the respective Special Account.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Credit Agreement.
1. For the purposes of this Annex, the term “ “Authorized Allocation” means in respect of the BPE Special Account, an amount of equivalent to $250,000 380,000 to be withdrawn from the Credit Account and deposited into the said Special Account A 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 $200,000, 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 $700,000.
Appears in 1 contract
Sources: Development Credit Agreement
Special Accounts. 1. The Borrower shall Recipient may open and maintain in Dollars three separate special deposit accounts set forth herein: (a) the MNRT GEF Special Account A, managed by and the Borrower for MOE; (b) MANREC GEF Special Account B, managed by KenGen upon proper authorization by the Borrower; and (c) Special Account C, managed by KPLC upon proper authorization by the Borrower; in a commercial bank or commercial banks acceptable to the AssociationBank, on terms and conditions satisfactory to the AssociationBank, including appropriate protection against set-off, seizure and attachment.
2. After the Association Bank has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Credit GEF Trust Fund Grant Account of amounts to be deposited into each the Special Account Accounts shall be made as follows:
(a) in respect of Special Account A, for which 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) in respect of Special Accounts B and C, for which KenGen and KPLC each if the Recipient is to request making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of each the Special Account Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower, KenGen and KPLC Recipient out of their respective the Special AccountAccounts, the Borrower, KenGen and KPLC Recipient shall, at such time as the Association Bank shall reasonably request, furnish to the Association 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 Association Bank shall not be required to make further deposits into any Special Account:
(a) if the Special Accounts B and C: If the AssociationBank, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursements; If ;
(b) if the Association Bank determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower Recipient directly from the Credit GEF Trust Fund Grant Account; or If KenGen or KPLC or
(c) if the Recipient shall have failed to furnish to the AssociationBank, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, and Section 4.02 of each Project Agreement any of the audit reports required to be furnished to the Association 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 Association Bank shall not be required to make further deposits into any of the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association Bank shall have notified the Borrower Recipient of its intention to suspend in whole or in part the right either of the Borrower, KenGen or KPLC or of all three of them Recipient to make withdrawals for from the Credit GEF Trust Fund Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association Bank shall determine, in its sole discretion, whether further deposits into any or all of the Special 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 Association Bank determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the AssociationBank, the Borrower Recipient shall, promptly upon notice from the AssociationBank, provide such additional evidence as the Association Bank may request, or deposit into the respective Special Account concerned (or, if the Association Bank shall so request, refund to the AssociationBank) an amount equal to the amount of such payment. Unless the Association Bank shall otherwise agree, no further deposit by the Association Bank into the such any Special Account or 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 Association Bank determines at any time that any amount outstanding in a any Special Account will not be required to cover payments for Eligible Expenditures during the threesix-month period following such determination, the Borrower Recipient shall, promptly upon notice from the BorrowerBank, refund to the Association Bank such outstanding amount.
(c) The Borrower Recipient may, upon notice to the AssociationBank, refund to the Association Bank all or any portion of the funds on deposit in a the Special AccountAccounts.
(d) Refunds to the Association Bank made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit GEF Trust Fund Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Credit GEF Trust Fund Grant Agreement.
1. For the purposes of this Annex, the term “ “Authorized Allocation” means means
(a) 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 ($250,000 1,000,000) to be withdrawn from the Credit GEF Trust Fund Grant Account and deposited into the said Special Account A pursuant 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 (b), the amount of one million Dollars ($1,000,000) to be withdrawn from the GEF Trust Fund Grant Account and deposited into the said Special Account 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. SCHEDULE 1
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: Trust Fund Grant Agreement
Special Accounts. 1. The Borrower shall Recipient may open and maintain in Dollars three separate two special deposit accounts set forth herein: (aSpecial Account-MASAF and Special Account-MOLPPS) Special Account A, managed by the Borrower for MOE; (b) Special Account B, managed by KenGen upon proper authorization by the Borrower; and (c) Special Account C, managed by KPLC upon proper authorization by the Borrower; in a commercial bank or commercial banks acceptable to the Association, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment.
2. After the Association has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Credit Grant Account of amounts to be deposited into each the Special Account Accounts shall be made as follows:
(a) in respect of Special Account A, for which 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) in respect of Special Accounts B and C, for which KenGen and KPLC each if the Recipient is to request making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of each the Special Account Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower, KenGen and KPLC Recipient out of their respective the Special AccountAccounts, the Borrower, KenGen and KPLC Recipient 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 Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the Special Accounts B and C: If Accounts:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursements; If ;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower Recipient directly from the Credit Grant Account; or If KenGen or KPLC or
(c) if the Recipient shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, and Section 4.02 of each Project Agreement any of the audit reports required to be furnished to the 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 Association shall not be required to make further deposits into any of the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower Recipient of its intention to suspend in whole or in part the right either of the Borrower, KenGen or KPLC or of all three of them Recipient to make withdrawals for from the Credit Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into any or all of the Special 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 Association determines at any time that any payment out of any of the Special Accounts was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower Recipient shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account concerned (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the such Special Account or 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 Association determines at any time that any amount outstanding in a the Special Account Accounts will not be required to cover payments for Eligible Expenditures during the threesix-month period following such determination, the Borrower Recipient shall, promptly upon notice from the BorrowerAssociation, refund to the Association such outstanding amount.
(c) The Borrower Recipient may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a the Special AccountAccounts.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Credit Development Grant Agreement.. Operation of Special Accounts When Withdrawals Are Not
1. For the purposes of this Annex, the term “ “Authorized Allocation” means the amount of $250,000 to be withdrawn from the Credit Account and deposited into the Special Account A pursuant to paragraph 2 of this Annex.means:
Appears in 1 contract
Sources: Development Grant Agreement
Special Accounts. 1. The Borrower shall Recipient may open and maintain in Dollars three CFA Francs two separate special deposit accounts set forth herein: accounts, one for Part A of the Project (a) Special Account A), managed by and one for Parts B, C and D of the Borrower for MOE; Project (b) Special Account B, managed by KenGen upon proper authorization by the Borrower; and (c) Special Account C, managed by KPLC upon proper authorization by the Borrower; in a commercial bank or commercial banks acceptable to the AssociationBank, on terms and conditions satisfactory to the AssociationBank, including appropriate protection against set-off, seizure and attachment.
2. After the Association Bank has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Credit GEF Trust Fund Grant Account of amounts to be deposited into each the Special Account Accounts shall be made as follows:
(a) in respect of Special Account A, for which 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) in respect of Special Accounts B and C, for which KenGen and KPLC each if the Recipient is to request making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of each the Special Account Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower, KenGen and KPLC Recipient out of their respective the Special AccountAccounts, the Borrower, KenGen and KPLC Recipient shall, at such time as the Association Bank shall reasonably request, furnish to the Association 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 Association Bank shall not be required to make further deposits into any of the Special Accounts B and C: If Accounts:
(a) if the AssociationBank, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursements; If ;
(b) if the Association Bank determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower Recipient directly from the Credit GEF Trust Fund Grant Account; or If KenGen or KPLC or
(c) if the Recipient shall have failed to furnish to the AssociationBank, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, and Section 4.02 of each Project Agreement any of the audit reports required to be furnished to the Association Bank pursuant to said Section in respect of the audit of: (iA) the records and accounts for the relevant 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 Association Bank shall not be required to make further deposits into any of the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association Bank shall have notified the Borrower Recipient of its intention to suspend in whole or in part the right either of the Borrower, KenGen or KPLC or of all three of them Recipient to make withdrawals for from the Credit GEF Trust Fund Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association Bank shall determine, in its sole discretion, whether further deposits into any or all of the Special 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 Association Bank determines at any time that any payment out of any of the Special Accounts was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the AssociationBank, the Borrower Recipient shall, promptly upon notice from the AssociationBank, provide such additional evidence as the Association Bank may request, or deposit into the appropriate Special Account concerned (or, if the Association Bank shall so request, refund to the AssociationBank) an amount equal to the amount of such payment. Unless the Association Bank shall otherwise agree, no further deposit by the Association Bank into the such Special Account or 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 Association Bank determines at any time that any amount outstanding in a the Special Account Accounts will not be required to cover payments for Eligible Expenditures during the threesix-month period following such determination, the Borrower Recipient shall, promptly upon notice from the BorrowerBank, refund to the Association Bank such outstanding amount.
(c) The Borrower Recipient may, upon notice to the AssociationBank, refund to the Association Bank all or any portion of the funds on deposit in a the Special AccountAccounts.
(d) Refunds to the Association Bank made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit GEF Trust Fund Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Credit GEF Trust Fund Grant Agreement.
1. For the purposes of this Annex, the term “ Authorized Allocation” means the amount of $250,000 to be withdrawn from the Credit Account and deposited into the Special Account A pursuant to paragraph 2 of this Annex.:
Appears in 1 contract
Sources: Global Environment Facility Trust Fund Grant Agreement
Special Accounts. 1. The Borrower shall open and maintain in Dollars three Taka two separate special deposit accounts set forth herein: (a) Special Account Aaccounts, managed by the Borrower one for MOE; Parts A.4 (b) Special Account B(ii) and A.6 of the Project and another for the other Parts of the Project, managed by KenGen upon proper authorization by the Borrower; and (c) Special Account C, managed by KPLC upon proper authorization by the Borrower; in a commercial bank or commercial banks acceptable to the Associationbank, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment.
2. After the Association has received evidence satisfactory to it that the a Special Accounts have Account has been opened, withdrawals from the Credit Account of amounts to be deposited into each said Special Account shall be made as follows:
(a) until the Association shall have received: (i) the first Project Management Report referred to in respect Section 4.02 (b) of Special Account A, for which 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) in respect upon receipt by the Association of Special Accounts B and Ca Project Management Report pursuant to Section 4.02 (b) of this Agreement, accompanied by a request from the Borrower for which KenGen and KPLC each is to request Report-based Disbursementswithdrawal 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 each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower, KenGen and KPLC Borrower out of their respective a Special Account, the Borrower, KenGen and KPLC 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 Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into any Special Account:
(a) if the Special Accounts B and C: If the Association, Association determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.6 of this Schedule 1 adequately provide the information required for Report-based Disbursements; If pursuant to Section 4.02 of this Agreement;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Credit Account; or If KenGen or KPLC or
(c) if the Borrower shall have failed to furnish to the Association, Association within the period of time specified in Section 4.01 (b) (ii) of this Agreement, and Section 4.02 of each Project Agreement any of the audit reports required to be furnished to the 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 Association shall not be required to make further deposits into any of the Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower of its intention to suspend in whole or in part the right either of the Borrower, KenGen or KPLC or of all three of them Borrower to make withdrawals for from the Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into any or all of the Special 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 Association determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the said Special Account concerned (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the such any Special Account or 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 Association determines at any time that any amount outstanding in a any Special Account will not be required to cover payments for Eligible Expenditures during the threesix-month period following such determination, the Borrower shall, promptly upon notice from the BorrowerAssociation, refund to the Association such outstanding amount.
(c) The Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a Special Account.
(d) Refunds to the Association made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Development Credit Agreement.
1. For the purposes of this Annex, the term “ "Authorized Allocation” means " means: (i) in respect of the Special Account for Parts A.4 (b) (ii) and A.6 of the Project, an amount of equivalent to $250,000 850,000 to be withdrawn from the Credit Account and deposited into the said Special Account A 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 $500,000 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 2,000,000; and (ii) in respect of the Special Account for the other Parts of the Project, an amount equivalent to $1,050,000 to be withdrawn from the Credit Account and deposited into said 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 $800,000 until the aggregate amount of withdrawals from the Credit Account of amounts allocated 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.
Appears in 1 contract
Sources: Development Credit Agreement
Special Accounts. 1. The Borrower shall may open and maintain in Dollars three separate two special deposit accounts set forth herein: (a) in a NBE, Special Account (A, managed by the Borrower for MOE; (b) and Special Account (B, managed by KenGen upon proper authorization by the Borrower; and (c) Special Account C, managed by KPLC upon proper authorization by the Borrower; in a commercial bank or commercial banks acceptable to the Association, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment.
2. After the Association has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Credit Account Financing Accounts of amounts to be deposited into each the Special Account Accounts shall be made as follows:
(a) in respect of Special Account A, for which 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) in respect of Special Accounts B and C, for which KenGen and KPLC each if the Borrower is to request making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of each the Special Account Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower, KenGen and KPLC Borrower out of their respective the Special AccountAccounts, the Borrower, KenGen and KPLC 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 Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the Special Accounts B and C: If Accounts:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursements; If ;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Credit AccountFinancing Accounts; or If KenGen or KPLC or
(c) if the Borrower shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, and Section 4.02 of each Project Agreement any of the audit reports required to be furnished to the 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 Association shall not be required to make further deposits into any of the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower and the Guarantor of its intention to suspend in whole or in part the right either of the Borrower, KenGen or KPLC or of all three of them Borrower to make withdrawals for from the Credit Account or the Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into any or all of the Special 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 Association determines at any time that any payment out of any of the Special Accounts was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the Special Account concerned Accounts (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the such Special Account or 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 Association determines at any time that any amount outstanding in a the Special Account Accounts will not be required to cover payments for Eligible Expenditures during the threesix-month period following such determination, the Borrower shall, promptly upon notice from the BorrowerAssociation, refund to the Association such outstanding amount.
(c) The Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a the Special AccountAccounts.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Account or the Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Credit Development Financing Agreement.
1. (a) For the purposes of this Annex, the term “ “Authorized Allocation” means the amount of $250,000 $ 2,500,000 to be withdrawn from the Credit Account and deposited into the Special Account A (A) 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 $ 1,500,000 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 Financing Agreement
Special Accounts. 1. The Borrower shall open and maintain in Dollars three Taka two separate special deposit accounts set forth herein: (a) Special Account Aaccounts, managed by one each for the Borrower for MOE; (b) Special Account BCredit and the Swiss Grant, managed by KenGen upon proper authorization by the Borrower; and (c) Special Account C, managed by KPLC upon proper authorization by the Borrower; in a commercial bank or commercial banks acceptable to the Associationbank, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment.
2. After the Association has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Credit Account and the Swiss Grant Account, respectively, of amounts to be deposited into each the Special Account Accounts shall be made as follows:
(a) until the Association shall have received:
(i) the first Project Management Report referred to in respect Section 4.02 (b) of Special Account A, for which 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) in respect upon receipt by the Association of Special Accounts B and Ca Project Management Report pursuant to Section 4.02(b) of this Agreement, accompanied by a request from the Borrower for which KenGen and KPLC each is to request Report-based Disbursementswithdrawal 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 each Special Account shall be made exclusively for such Special Account’s Eligible Expenditures. For each payment made by the Borrower, KenGen and KPLC Borrower out of their respective each Special Account, the Borrower, KenGen and KPLC 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 such Special Account’s Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into any Special Account:
(a) if the Special Accounts B and C: If the Association, Association determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.6 of this Schedule 1 adequately provide the information required for Report-based Disbursements; If pursuant to Section 4.02 of this Agreement;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Credit Account or the Swiss Grant Account, as the case may be; or If KenGen or KPLC or
(c) if the Borrower shall have failed to furnish to the Association, Association within the period of time specified in Section 4.01 (b) (ii4.01(b)(ii) of this Agreement, and Section 4.02 of each Project Agreement any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: :
(i) the records and accounts for the such Special Account; or 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 beexpenditure or Project Management Reports.
5. The Association shall not be required to make further deposits into any of the Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower of its intention to suspend in whole or in part the right either of the Borrower, KenGen or KPLC or of all three of them Borrower to make withdrawals for from the Credit Account or the Swiss Grant Account, as the case may be, pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into any or all of the such Special Accounts 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 Association determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible ExpenditureExpenditure for such Special Account, or was not justified by the evidence furnished to the Association, the Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the such Special Account concerned (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the such Special Account or 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 Association determines at any time that any amount outstanding in a any Special Account will not be required to cover payments for such Special Account’s Eligible Expenditures during the threesix-month period following such determination, the Borrower shall, promptly upon notice from the BorrowerAssociation, refund to the Association such outstanding amount.
(c) The Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a any Special Account.
(d) Refunds to the Association made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Account or the Swiss Grant Account, as the case may be, for subsequent withdrawal or for cancellation in accordance with the provisions of the Development Credit Agreement or the Swiss Grant Agreement, as the case may be.
1. For the purposes of this Annex, Annex the term “ "Authorized Allocation” means " means: (a) in respect of the Special Account for the Credit, an amount of $250,000 equivalent to Tk.270,000,000 to be withdrawn from the Credit Account and deposited into the said Special Account A 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 Tk.162,000,000 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 9,000,000; and (b) in respect of the Special Account for the Swiss Grant, an amount equivalent to Tk.37,800,000 to be withdrawn from the Swiss Grant Account and deposited into said 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 Tk.21,600,000 until the aggregate amount of withdrawals from the Swiss Grant 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 $2,000,000.
Appears in 1 contract
Sources: Development Credit Agreement
Special Accounts. 1. The Borrower shall open and maintain in Dollars three United States dollars two separate special deposit accounts set forth herein: accounts, the first (a) Special Account A) in respect of Categories (1), managed by (2)(a), (3)(a) and (4) and the Borrower for MOE; second (b) Special Account B, managed by KenGen upon proper authorization by the Borrower; ) in respect of Categories 2(b) and (c) Special Account C3)(b), managed by KPLC upon proper authorization by the Borrower; in a commercial bank or commercial banks acceptable to the Associationits Central Bank, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachmentBank.
2. After the Association Bank has received evidence satisfactory to it that the a Special Accounts have Account has been opened, withdrawals from the Credit Loan Account of amounts to be deposited into each the said Special Account shall be made as follows:
(a) until the Bank shall have received: (i) the first Project Management Report referred to in respect Section 4.02(b) of Special Account A, for which 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) in respect upon receipt by the Bank of Special Accounts B and Ca Project Management Report pursuant to Section 4.02(b) of this Agreement, accompanied by a request from the Borrower for which KenGen and KPLC each is to request Report-based Disbursementswithdrawal 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 each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower, KenGen and KPLC Borrower out of their respective any Special Account, the Borrower, KenGen and KPLC Borrower shall, at such time as the Association Bank shall reasonably request, furnish to the Association 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 Association Bank shall not be required to make further deposits into any Special Account:
(a) if the Special Accounts B and C: If the Association, Bank determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.6 of this Schedule 1 adequately provide the information required for Report-based Disbursements; If pursuant to Section 4.02 of this Agreement;
(b) if the Association Bank determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Credit Loan Account; or If KenGen or KPLC or
(c) if the Borrower shall have failed to furnish to the Association, Bank within the period of time specified in Section 4.01 (b) (ii4.01(b)(ii) of this Agreement, and Section 4.02 of each Project Agreement any of the audit reports required to be furnished to the Association 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 Association Bank shall not be required to make further deposits into any of the Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association Bank shall have notified the Borrower of its intention to suspend in whole or in part the right either of the Borrower, KenGen or KPLC or of all three of them Borrower to make withdrawals for from the Credit Loan Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association Bank shall determine, in its sole discretion, whether further deposits into any or all of the Special 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 Association Bank determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the AssociationBank, the Borrower shall, promptly upon notice from the AssociationBank, provide such additional evidence as the Association Bank may request, or deposit into the said Special Account concerned (or, if the Association Bank shall so request, refund to the AssociationBank) an amount equal to the amount of such payment. Unless the Association Bank shall otherwise agree, no further deposit by the Association Bank into the such any Special Account or 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 Association Bank determines at any time that any amount outstanding in a any Special Account will not be required to cover payments for Eligible Expenditures during the threesix-month period following such determination, the Borrower shall, promptly upon notice from the BorrowerBank, refund to the Association Bank such outstanding amount.
(c) The Borrower may, upon notice to the AssociationBank, refund to the Association Bank all or any portion of the funds on deposit in a Special Account.
(d) Refunds to the Association Bank made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Loan Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Credit Loan Agreement.
1. For the purposes of this Annex, the term “ “Authorized Allocation” means the means: (i) in respect of Special Account A, an amount of $250,000 equivalent to five million United States dollars (US$5,000,000) to be withdrawn from the Credit Loan Account and deposited into the Special Account A pursuant to paragraph 2 of this Annex; provided, however, that unless the Bank shall otherwise agree, said Authorized Allocation shall be limited to an amount equivalent to two million United States dollars (US$2,000,000), until the aggregate amount of withdrawals from the Loan Account of amounts allocated to said 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 seven million United States dollars (US$7,000,000); and (ii) in respect of Special Account B, an amount equivalent to three hundred fifty thousand United States dollars (US$350,000) to be withdrawn from the Loan Account and deposited into the Special Account pursuant to paragraph 2 of this Annex; provided, however, that unless the Bank shall otherwise agree, said Authorized Allocation shall be limited to an amount equivalent to two hundred thousand United States dollars (US$200,000), until the aggregate amount of withdrawals from the Loan Account of amounts allocated to said 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 one million United States dollars (US$1,000,000).
Appears in 1 contract
Sources: Loan Agreement
Special Accounts. 1. The Borrower shall may open and maintain in Dollars three separate CFAF two special deposit accounts set forth herein: (a) Special Account A, managed by the Borrower for MOE; (b) A and Special Account B, managed by KenGen upon proper authorization by the Borrower; and (c) Special Account C, managed by KPLC upon proper authorization by the Borrower; in a commercial bank or commercial banks Bank acceptable to the Association, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment.
2. After the Association has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Credit Account of amounts to be deposited into each the Special Account Accounts shall be made as follows:
(a) in respect of Special Account A, for which 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) in respect of Special Accounts B and C, for which KenGen and KPLC each if the Borrower is to request making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of each the Special Account Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower, KenGen and KPLC Borrower out of their respective the Special AccountAccounts, the Borrower, KenGen and KPLC 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 Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the Special Accounts B and C: If Accounts:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report-Report- based Disbursements; If ;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Credit Account; or If KenGen or KPLC or
(c) if the Borrower shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, and Section 4.02 of each Project Agreement any of the audit reports required to be furnished to the 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.
5. The Association shall not be required to make further deposits into any of the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower of its intention to suspend in whole or in part the right either of the Borrower, KenGen or KPLC or of all three of them Borrower to make withdrawals for from the Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into any or all of the Special 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 Association determines at any time that any payment out of any of the Special Accounts was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the Special Account concerned Accounts (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the such Special Account or 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 Association determines at any time that any amount outstanding in a the Special Account Accounts will not be required to cover payments for Eligible Expenditures during the threesix-month period following such determination, the Borrower shall, promptly upon notice from the BorrowerAssociation, refund to the Association such outstanding amount.
(c) The Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a the Special AccountAccounts.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Development Credit Agreement.
1. For the purposes of this Annex, the term “ Authorized Allocation” means the amount of $250,000 to be withdrawn from the Credit Account and deposited into the Special Account A pursuant to paragraph 2 of this Annex.
Appears in 1 contract
Sources: Development Credit Agreement
Special Accounts. 1. The Borrower shall open and maintain in Dollars three separate Euro two special deposit accounts set forth herein: (a) accounts, namely the Federation Special Account Aand the Republika Srpska Special Account, managed by the Borrower for MOE; (b) Special Account B, managed by KenGen upon proper authorization by the Borrower; and (c) Special Account C, managed by KPLC upon proper authorization by the Borrower; in a commercial bank or commercial banks acceptable to the Associationbank, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment.
2. After the Association has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Credit Account of amounts to be deposited into each the Special Account Accounts shall be made as follows:
(a) until the Association shall have received: (i) the first Project Management Report referred to in respect Section 3.02 (b) of Special Account A, for which 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) in respect upon receipt by the Association of Special Accounts B a Project Management Report pursuant to Section 3.02 (b) of the Federation Project Agreement and CRepublika Srpska Project Agreement, accompanied by a request from the Borrower for which KenGen and KPLC each is to request Report-based Disbursementswithdrawal 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 each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower, KenGen and KPLC Borrower out of their respective each Special Account, the Borrower, KenGen and KPLC 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 Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into any Special Account:
(a) if the Special Accounts B and C: If the Association, Association determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.6 of this Schedule 1 adequately provide the information required for Report-based Disbursements; If pursuant to Section 3.02 of the Project Agreements;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Credit Account; or If KenGen or KPLC or
(c) if the Borrower shall have failed to furnish to the Association, Association within the period of time specified in Section 4.01 3.01 (b) (iib)(ii) of this Agreementthe Project Agreements, and Section 4.02 of each Project Agreement any of the audit reports required to be furnished to the 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 Association shall not be required to make further deposits into any of the Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower of its intention to suspend in whole or in part the right either of the Borrower, KenGen or KPLC or of all three of them Borrower to make withdrawals for from the Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into any or all of the Special 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 Association determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the said Special Account concerned (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the such any Special Account or 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 Association determines at any time that any amount outstanding in a any Special Account will not be required to cover payments for Eligible Expenditures during the threesix-month period following such determination, the Borrower shall, promptly upon notice from the BorrowerAssociation, refund to the Association such outstanding amount.
(c) The Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a Special Account.
(d) Refunds to the Association made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Development Credit Agreement.
1. For the purposes of this Annex, the term “ Authorized Allocation” means the amount of $250,000 to be withdrawn from the Credit Account and deposited into the Special Account A pursuant to paragraph 2 of this Annex.:
Appears in 1 contract
Sources: Development Credit Agreement
Special Accounts. 1. The Borrower shall may open and maintain in Dollars three two separate special deposit accounts set forth herein: accounts, one for Part A through D of the Project (a) Special Account A, managed by ) and one for Part E of the Borrower for MOE; Project (b) Special Account B), managed by KenGen upon proper authorization by the Borrower; and (c) Special Account C, managed by KPLC upon proper authorization by the Borrower; each in a commercial bank or commercial banks acceptable to the Association, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment.
2. After the Association has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Credit Account of amounts to be deposited into each the Special Account Accounts shall be made as follows:
(a) in respect of Special Account A, for which 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) in respect of Special Accounts B and C, for which KenGen and KPLC each if the Borrower is to request making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of each the Special Account Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower, KenGen and KPLC Borrower out of their respective the Special Account, the Borrower, KenGen and KPLC 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 Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the Special Accounts B and C: If Account:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursements; If ;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Credit Account; or If KenGen or KPLC or
(c) if the Borrower shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, and Section 4.02 of each Project Agreement any of the audit reports required to be furnished to the 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 Association shall not be required to make further deposits into any of the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower of its intention to suspend in whole or in part the right either of the Borrower, KenGen or KPLC or of all three of them Borrower to make withdrawals for from the Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into any or all of the Special 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 Association determines at any time that any payment out of any of the Special Accounts was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account concerned (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the such any Special Account or 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 Association determines at any time that any amount outstanding in a any Special Account will not be required to cover payments for Eligible Expenditures during the threesix-month period following such determination, the Borrower shall, promptly upon notice from the BorrowerAssociation, refund to the Association such outstanding amount.
(c) The Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a the Special AccountAccounts.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Credit Agreement.. Operation of Special Account
1. For the purposes of this Annex, the term “ “Authorized Allocation” means the amount of $250,000 $ 9,000,000, in respect of Special Account A and the amount of $ 4,000,000, in respect of Special Account B to be withdrawn from the Credit Account and deposited into the Special Account A Accounts 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 $ 5,750,000 in respect of Special Account A until the aggregate amount of withdrawals from the Credit Account for the purposes of expenditures carried out under Part A through D 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 D of the Project, shall be equal to or exceed the equivalent of SDR 12,000,000.
Appears in 1 contract
Sources: Development Credit Agreement
Special Accounts. 1. The Borrower shall may open and maintain in Dollars three separate special deposit accounts set forth hereinDollars: (a) Special Deposit Account A, managed by A in respect of the Borrower Agency for MOEDevelopment Programs of Odessa; (b) Special Deposit Account B, managed by KenGen upon proper authorization by the BorrowerB in respect of Chernihivvodokanal Utility; and (c) Special Deposit Account CC in respect of Ivano-Frankivskvodoecotechprom Utility; and (d) Special Deposit Account D under Part C of the Project, managed by KPLC upon proper authorization implemented by the BorrowerMHCS in respect of the Utilities to be Selected, and Municipalities; all in a commercial bank or commercial banks acceptable to the AssociationBank, on terms and conditions satisfactory to the AssociationBank, including appropriate protection against set-off, seizure and attachment.
2. After the Association Bank has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Credit Loan Account of amounts to be deposited into each the Special Account Accounts shall be made as follows:
(a) in respect of Special Account A, for which 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) in respect of Special Accounts B and C, for which KenGen and KPLC each if the Borrower is to request making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of each the Special Account Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower, KenGen and KPLC Borrower out of their respective the Special Account, the Borrower, KenGen and KPLC Borrower shall, at such time as the Association Bank shall reasonably request, furnish to the Association 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 Association Bank shall not be required to make further deposits into the Special Accounts B and C: If Accounts:
(a) if the AssociationBank, at any time, is not satisfied that the reports referred to in Part A.6 A.4 of this Schedule 1 adequately provide the information required for Report-based Disbursements; If ;
(b) if the Association Bank determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Credit Loan Account; or If KenGen or KPLC or
(c) if the Borrower shall have failed to furnish to the AssociationBank, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, and Section 4.02 of each Project Agreement any of the audit reports required to be furnished to the Association 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 Association Bank shall not be required to make further deposits into any of the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association Bank shall have notified the Borrower of its intention to suspend in whole or in part the right either of the Borrower, KenGen or KPLC or of all three of them Borrower to make withdrawals for from the Credit Loan Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association Bank shall determine, in its sole discretion, whether further deposits into any or all of the Special 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 Association Bank determines at any time that any payment out of any of the Special Accounts was were made for an expenditure expenditures which is are not an Eligible Expenditure, or was were not justified by the evidence furnished to the AssociationBank, the Borrower shall, promptly upon notice from the AssociationBank, provide such additional evidence as the Association Bank may request, or deposit into the Special Account concerned Accounts (or, if the Association Bank shall so request, refund to the AssociationBank) an amount equal to the amount of such payment. Unless the Association Bank shall otherwise agree, no further deposit by the Association Bank into the such Special Account or 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 Association Bank determines at any time that any amount outstanding in a the Special Account Accounts will not be required to cover payments for Eligible Expenditures during the threesix-month period following such determination, the Borrower shall, promptly upon notice from the BorrowerBank, refund to the Association Bank such outstanding amount.
(c) The Borrower may, upon notice to the AssociationBank, refund to the Association Bank all or any portion of the funds on deposit in a the Special AccountAccounts.
(d) Refunds to the Association Bank made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Loan Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Credit Loan Agreement.
1. For the purposes of this Annex, the term “ “Authorized Allocation” means the amount of $250,000 3,500,000 in respect of Special Account A, the amount of $1,400,000 in respect of Special Account B, the amount of $1,000,000 in respect of Special Account C and the amount of $7,600,000 in respect of Special Account D, to be withdrawn from the Credit Loan Account and deposited into the Special Account A Accounts pursuant to paragraph 2 of this Annex.
Appears in 1 contract
Sources: Loan Agreement
Special Accounts. 1. The Borrower shall open and maintain in Dollars three separate a special deposit accounts set forth herein: (a) Special Account A, managed by account for each Part of the Borrower for MOE; (b) Special Account B, managed by KenGen upon proper authorization by Project in the Borrower; and (c) Special Account C, managed by KPLC upon proper authorization by the Borrower; in Central Bank of Turkey or a commercial bank or commercial banks acceptable to the Association, on terms and conditions satisfactory to the AssociationBank, including appropriate protection against set-off, seizure and attachment.
2. After the Association Bank has received evidence satisfactory to it that the a Special Accounts have Account has been opened, withdrawals from the Credit Loan Account of amounts to be deposited into each said Special Account shall be made as follows:
(a) until the Bank shall have received: (i) the first Project Management Report of the Project Agencies referred to in respect Section 4.02(b) of Special Account A, for which the respective Project Agreements; 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) in respect upon receipt by the Bank of Special Accounts B and Ca Project Management Report pursuant to Section 4.02(b) of the respective Project Agreement, accompanied by a request from the Borrower for which KenGen and KPLC each is to request Report-based Disbursementswithdrawal 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 each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower, KenGen and KPLC Borrower out of their respective a Special Account, the Borrower, KenGen and KPLC Borrower shall, at such time as the Association Bank shall reasonably request, furnish to the Association 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 Association Bank shall not be required to make further deposits into any Special Account:
(a) if the Special Accounts B and C: If the Association, Bank determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.6 of this Schedule 1 adequately provide the information required for Report-based Disbursements; If pursuant to Section 4.02 of the Association respective Project 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 Credit Loan Account; or If KenGen or KPLC or
(c) if the Borrower shall have failed to furnish to the AssociationBank, within the period of time specified in Section 4.01 (b) (ii4.01(b)(ii) of this the respective Project Agreement, and Section 4.02 of each Project Agreement any of the audit reports required to be furnished to the Association 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 Association Bank shall not be required to make further deposits into any of the Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association Bank shall have notified the Borrower of its intention to suspend in whole or in part the right either of the Borrower, KenGen or KPLC or of all three of them Borrower to make withdrawals for from the Credit Loan Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association Bank shall determine, in its sole discretion, whether further deposits into any or all of the said Special Accounts 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 Association Bank determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the AssociationBank, the Borrower shall, promptly upon notice from the AssociationBank, provide such additional evidence as the Association Bank may request, or deposit into the said Special Account concerned (or, if the Association Bank shall so request, refund to the AssociationBank) an amount equal to the amount of such payment. Unless the Association Bank shall otherwise agree, no further deposit by the Association Bank into the such said Special Account or 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 Association Bank determines at any time that any amount outstanding in a any Special Account will not be required to cover payments for Eligible Expenditures during the threesix-month period following such determination, the Borrower shall, promptly upon notice from the BorrowerBank, refund to the Association Bank such outstanding amount.
(c) The Borrower may, upon notice to the AssociationBank, refund to the Association Bank all or any portion of the funds on deposit in a Special Account.
(d) Refunds to the Association Bank made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Loan Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Credit this Agreement.
1. For the purposes of this Annex, the term “ Authorized Allocation” means the amount of $250,000 to be withdrawn from the Credit Account and deposited into the Special Account A pursuant to paragraph 2 of this Annex.
Appears in 1 contract
Sources: Loan Agreement
Special Accounts. 1. The Borrower shall may, for the purposes of the Project, open and maintain in Dollars three separate special deposit accounts set forth hereinin a commercial bank: (a) a special deposit account (Special Account A, managed by ) for purposes of depositing the Borrower corresponding proceeds of the Credit for MOEParts A and C.2 of the Project; and (b) a special deposit account (Special Account B) for the purposes of depositing the corresponding proceeds of the Grant for Parts B, managed by KenGen upon proper authorization by C.1 and D of the Borrower; and (c) Special Account CProject, managed by KPLC upon proper authorization by the Borrower; in a commercial bank or commercial banks acceptable to the Association, both on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and or attachment.
2. After the Association has received evidence satisfactory to it that the Special Accounts have been duly opened, withdrawals from the Credit Account Financing Accounts of amounts to be deposited into each the respective Special Account Accounts shall be made as follows:
(a) in respect of Special Account A, for which 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) in respect of Special Accounts B and C, for which KenGen and KPLC each if the Borrower is to request making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of each the Special Account Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower, KenGen and KPLC Borrower out of their the respective Special Account, the Borrower, KenGen and KPLC 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 Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the any Special Accounts B and C: If Account:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.4 of this Schedule 1 adequately provide the information required for Report-based Disbursements; If ;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Credit AccountFinancing Accounts; or If KenGen or KPLC or
(c) if the Borrower shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, and Section 4.02 of each Project Agreement any of the audit reports required to be furnished to the 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 Association shall not be required to make further deposits into any of the Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower of its intention to suspend in whole or in part the right either of the Borrower, KenGen or KPLC or of all three of them Borrower to make withdrawals for from the Credit Account Financing Accounts pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into any or all of the Special Accounts 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 Association determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account concerned (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the such any Special Account or 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 Association determines at any time that any amount outstanding in a any Special Account will not be required to cover payments for Eligible Expenditures during the threesix-month period following such determination, the Borrower shall, promptly upon notice from the BorrowerAssociation, refund to the Association such outstanding amount.
(c) The Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a the Special AccountAccounts.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Account Financing Accounts for subsequent withdrawal or for cancellation in accordance with the provisions of the Credit Development Financing Agreement.
1. For the purposes of this Annex, the term “ Authorized Allocation” means the amount of $250,000 to be withdrawn from the Credit Account and deposited into the Special Account A pursuant to paragraph 2 of this Annex.
Appears in 1 contract
Sources: Development Financing Agreement
Special Accounts. 1. The Borrower shall may, for the purposes, respectively, of each of Parts A, B and C, Part D and Part E of the Project, open and maintain in Dollars dollars three separate special deposit accounts set forth herein: (a) Special Account A, managed by the Borrower for MOE; (b) Special Account B, managed by KenGen upon proper authorization by the Borrower; and (c) Special Account C, managed by KPLC upon proper authorization by the Borrower; in a Ukrainian or foreign commercial bank or commercial banks acceptable to the AssociationBank, on terms and conditions satisfactory to the AssociationBank, including appropriate protection against set-off, seizure and attachment.
2. After the Association Bank has received evidence satisfactory to it that the respective Special Accounts have Account has been opened, withdrawals from the Credit Loan Account of amounts to be deposited into each the respective Special Account shall be made as follows:
(a) in respect of Special Account A, for which 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) in respect of Special Accounts B and C, for which KenGen and KPLC each if the Borrower is to request making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of each the respective Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower, KenGen and KPLC Borrower out of their the respective Special Account, the Borrower, KenGen and KPLC Borrower shall, at such time as the Association Bank shall reasonably request, furnish to the Association 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 Association Bank shall not be required to make further deposits into any Special Account:
(a) if the Special Accounts B and C: If the AssociationBank, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report-based Disbursements; If ;
(b) if the Association Bank determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower directly from the Credit Loan Account; or If KenGen or KPLC or
(c) if the Borrower shall have failed to furnish to the AssociationBank, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, and Section 4.02 of each Project Agreement any of the audit reports required to be furnished to the Association 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 Association Bank shall not be required to make further deposits into any of the Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association Bank shall have notified the Borrower of its intention to suspend in whole or in part the right either of the Borrower, KenGen or KPLC or of all three of them Borrower to make withdrawals for from the Credit Loan Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association Bank shall determine, in its sole discretion, whether further deposits into any or all of the Special Accounts 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 Association Bank determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the AssociationBank, the Borrower shall, promptly upon notice from the AssociationBank, provide such additional evidence as the Association Bank may request, or deposit into the respective Special Account concerned (or, if the Association Bank shall so request, refund to the AssociationBank) an amount equal to the amount of such payment. Unless the Association Bank shall otherwise agree, no further deposit by the Association Bank into the such any Special Account or 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 Association Bank determines at any time that any amount outstanding in a any Special Account will not be required to cover payments for Eligible Expenditures during the threesix-month period following such determination, the Borrower shall, promptly upon notice from the BorrowerBank, refund to the Association Bank such outstanding amount.
(c) The Borrower may, upon notice to the AssociationBank, refund to the Association Bank all or any portion of the funds on deposit in a the Special AccountAccounts.
(d) Refunds to the Association Bank made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Loan Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Credit Loan Agreement.
1. For the purposes of this Annex, the term “ “Authorized Allocation” means the amount of $250,000 1,000,000 in respect of the Special Account for Parts A, B and C of the Project, an amount of $500,000 in respect of the Special Account for Part D of the Project, and an amount of $500,000 in respect of the Special Account for Part E of the Project, to be withdrawn from the Credit Loan Account and deposited into the Special Account A Accounts pursuant to paragraph 2 of this Annex.
Appears in 1 contract
Sources: Loan Agreement
Special Accounts. 1. The Borrower shall Recipient may open and maintain in Dollars three separate two (2) special deposit accounts set forth herein: (Special Account A (PCU) in respect of activities to be financed under Parts C.1, 2, and 3 (a) of the Project, and Special Account B (ASSETIP) in respect of activities to be financed under Parts A, managed by the Borrower for MOE; B, and C.3 (b) Special Account Bof the Project, managed by KenGen upon proper authorization by respectively) in the Borrower; and (c) Special Account C, managed by KPLC upon proper authorization by the Borrower; in a commercial bank or commercial banks acceptable to the AssociationCentral Bank of Rwanda, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment.
2. After the Association has received evidence satisfactory to it that the respective Special Accounts have been opened, withdrawals from the Credit Grant Account of amounts to be deposited into each the respective Special Account Accounts shall be made as follows:
(a) in respect of Special Account A, for which 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) in respect of Special Accounts B and C, for which KenGen and KPLC each if the Recipient is to request making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of each the respective Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower, KenGen and KPLC Recipient out of their the respective Special Account, the Borrower, KenGen and KPLC Recipient 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 Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the respective Special Accounts B and C: If Account:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.4 of this Schedule 1 adequately provide the information required for Report-based Disbursements; If ;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Borrower Recipient directly from the Credit Grant Account; or If KenGen or KPLC or
(c) if the Recipient shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, and Section 4.02 of each Project Agreement any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the respective 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 Association shall not be required to make further deposits into any of the respective Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower Recipient of its intention to suspend in whole or in part the right either of the Borrower, KenGen or KPLC or of all three of them Recipient to make withdrawals for from the Credit Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into any or all of the respective Special Accounts 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 Association determines at any time that any payment out of any of the respective Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower Recipient shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account concerned (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the such Special Account or 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 Association determines at any time that any amount outstanding in a the respective Special Account will not be required to cover payments for Eligible Expenditures during the threesix-month period following such determination, the Borrower Recipient shall, promptly upon notice from the BorrowerAssociation, refund to the Association such outstanding amount.
(c) The Borrower Recipient may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a the respective Special Account.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Credit this Agreement.
1. For the purposes of this Annex, the term “ Authorized Allocation” means the amount of $250,000 to be withdrawn from the Credit Account and deposited into the Special Account A pursuant to paragraph 2 of this Annex.
Appears in 1 contract
Sources: Development Grant Agreement