04B All Tranches. The disbursement of each Tranche under Article 1.02, including the first, is conditional upon:
(a) receipt by the Bank in form and substance satisfactory to it, on or before the date falling 5 (five) Business Days before the Scheduled Disbursement Date for the proposed Tranche, of the following documents or evidence:
(i) a certificate from both of the Borrowers in the form of Schedule E.1;
(ii) a certificate from the Guarantor in the form of Schedule E.2;
(iii) evidence of the authority of the person or persons authorised to sign the certificates under paragraphs (i) and (ii) above and the specimen signature of such person or persons;
(iv) a copy of any other authorisation or other document, opinion or assurance which the Bank has notified the Borrowers is necessary or desirable in connection with the entry into, delivery and performance of, and the transactions contemplated by, the Contract or the Guarantee Agreement or the validity and enforceability of the same.
(b) that on the Scheduled Disbursement Date for the proposed Tranche:
(i) the representations and warranties which are repeated pursuant to Article 6.12 are correct in all material respects; and
(ii) no event or circumstance which constitutes or would with the passage of time or giving of notice under this Contract constitute:
04B All Tranches. The disbursement of each Tranche under Article 1.02, including the first, is subject to the following conditions:
(a) that the Bank has received, in form and substance satisfactory to it, on or before the date falling 5 (five) Business Days before the Scheduled Disbursement Date for the proposed Tranche, of the following documents or evidence:
(i) a certificate from the Borrower in the form of Schedule D.1, signed by an authorised representative of the Borrower and dated no earlier than the date falling 15 (fifteen) days before the Scheduled Disbursement Date;
(ii) a copy of any other authorisation or other document, opinion or assurance which the Bank has notified the Parent is necessary or desirable in connection with the entry into and performance of, and the transactions contemplated by, this Contract or the validity and enforceability of the same.
(b) that on the Disbursement Date for the proposed Tranche:
04B All Tranches. The disbursement of each Tranche under Article 1.02, including the first, is subject to the following conditions:
(a) that the Bank has received, in form and substance satisfactory to it, on or before the date falling 5 (five) Business Days before the Scheduled Disbursement Date for the proposed Tranche, of the following documents or evidence:
(i) a certificate from each Borrower in the form of Schedule D.1, signed by an authorised representative of each Borrower and dated no earlier than the date falling 15 (fifteen) days before the Scheduled Disbursement Date;
(ii) a copy of any other authorisation or other document, opinion or assurance which the Bank has notified the Parent is necessary or desirable in connection with the entry into and performance of, and the transactions contemplated by, this Contract or the validity and enforceability of the same.
(b) that on the Disbursement Date for the proposed Tranche:
(i) the representations and warranties which are repeated pursuant to Article 6.15 are correct in all material respects; and
(ii) no event or circumstance which constitutes or would with the passage of time or giving of notice under this Contract constitute:
04B All Tranches. The disbursement of each Tranche under Article 1.02, including the first, is conditional upon:
(a) receipt by the Bank in form and substance satisfactory to it, on or before the date falling 5 (five) Business Days before the Scheduled Disbursement Date for the proposed Tranche, of the following documents or evidence:
(i) a certificate from the Borrower in the form of Schedule C.2, such certificate to be signed by two directors of the Borrower (or, failing that, by one director of the Borrower and the finance director or the treasurer or the investor reporting manager or the financial controller or the company secretary of the Borrower) and to be dated no earlier than the date falling 15 (fifteen) days before the Scheduled Disbursement Date;
(ii) a copy of any other Authorisation or other document, opinion or assurance which the Bank has notified the Borrower is necessary or desirable in connection with (1) the entry into and performance of, and the transactions contemplated by, this Contract or the Guarantee or the validity and enforceability of the same or (2) the Project; and
(b) that on the Scheduled Disbursement Date for the proposed Tranche:
(i) the representations and warranties which are repeated pursuant to Article 6.15 are correct in all respects;
(ii) no Default or Compulsory Prepayment Event has occurred and is continuing unremedied or unwaived or would result from the proposed Tranche; and
04B All Tranches. The disbursement of each Tranche under Article 1.02, including the first, is conditional upon:
(a) receipt by the Bank in form and substance satisfactory to it, on or before the date falling 5 (five) Business Days before the Scheduled Disbursement Date for the proposed Tranche, of the following documents or evidence:
(i) the Bank being at all times satisfied that aggregated disbursements represent a reasonable proportion of Allocations it being understood that Allocations, at any time prior to the completion of the Project, may be reasonably lower than aggregated disbursements while at the time of the Project completion Allocations must coincide with aggregated disbursements;
(ii) a certificate from the Borrower in the form of Schedule C.2;
(iii) a statement from the Borrower that no Sub-Project expected to be financed by the relevant Tranche is subject to the Environmental Impact Assessment as set forth in the relevant EU and Czech legislation and/or, if applicable, that for each Sub-Project, all the required consents have been obtained and/or the required procedures followed. For each Sub-Project where an Environmental Impact Assessment was prepared, the Borrower shall provide to the Bank the nontechnical summary of the relevant Environmental Impact Study;
(iv) a statement from the Borrower that no Sub-Project expected to be financed by the relevant Tranche is subject to nature conservation attestation procedure as set forth in the relevant EU and Czech legislation or, where applicable, a satisfactory evidence by the competent authority, confirming either:
(a) that the Sub-Project(s) expected to be financed by the relevant Tranche will have no significant effect on nature conservation sites, or
(b) that there are imperative reasons for proceeding with the relevant SubProjects) and that potential effects of the Sub-Project have been identified and adequate compensation or mitigation measures have been applied;
(v) a completed Sub-Project Allocation Template in the form attached to this Contract as Schedule A.2.2 for the approval of Sub-Projects not listed in Schedule A. 1.1; and
(vi) a copy of any other authorisation or other document, opinion or assurance, provided that such authorization, document, opinion or assurance can be issued under EU and Czech legislation, which the Bank has notified the Borrower is necessary or desirable in connection with the entry into and performance of, and the transactions contemplated by, the Contract or the validity and ...
04B All Tranches. The disbursement of each Tranche under Article 1.02, including the first, is subject to receipt by the Bank in form and substance satisfactory to it, before the date falling five (5) Luxembourg Business Days before the Scheduled Disbursement Date, of:
(i) a statement from the Borrower that no Scheme expected to be financed by the relevant Tranche is subject to the relevant Environmental Impact Assessment procedures as set forth in the relevant EU and national legislation or evidence, where applicable, that any Scheme is subject to the Environmental Impact Assessment procedures; in the latter case the Borrower shall provide as applicable either:
(a) a copy of a decision of the relevant authority stating that an Environmental Impact Assessment is not required; or
(b) where an Environmental Impact Assessment is required, a copy of the decision of the relevant authority approving it together with a copy of its non-technical summary; and
(ii) a certificate from the Borrower in the form of Schedule C. 2.
04B All Tranches. The disbursement of each Tranche under Article 1.02, including the first, is subject to the following conditions:
(a) that the Bank has received, in form and substance satisfactory to it, on or before the date falling 7 (seven) Business Days before the Scheduled Disbursement Date for the proposed Tranche, of the following documents or evidence:
(i) evidence demonstrating that the borrowing of the total amount of all Tranches disbursed during the current fiscal year, including the Tranche the disbursement of which is requested, has been approved in the budget for the current fiscal year of the Borrower;
(ii) a copy of any On-Lending Agreement which an Intermediary has used with a Final Beneficiary where the Bank has not previously received such form of On-Lending Agreement;
(iii) a certificate from the Borrower in the form of Schedule C.1, signed by an authorised representative of the Borrower and dated no earlier than the date falling 15 (fifteen) days before the Scheduled Disbursement Date.
(iv) a copy of any other authorisation or other document, opinion or assurance which the Bank has notified the Borrower is necessary or desirable in connection with the entry into and performance of, and the transactions contemplated by, this Contract or the validity and enforceability of the same;
(v) a duly certified evidence in the English language of the authority of the person or persons authorised to sign the Disbursement Acceptance on behalf of the Borrower and the certified specimen signature of such person or persons; and
(b) the Bank being satisfied by the Scheduled Disbursement Date for the proposed Tranche that:
04B All Tranches. The disbursement of each Tranche under Article 1.02, including the first, is subject to fulfilment of the following conditions before the date falling five (5) Luxembourg Business Days before the Scheduled Disbursement Date:
(i) a statement from the Borrower that all material approvals and consents necessary to proceed with the implementation of the Sub-Project(s) expected to be financed by the relevant Tranche have been received by the Borrower;
(ii) a statement from the Borrower that no Sub-Project expected to be financed by the relevant Tranche is subject to the Environmental Impact Assessment procedures as set forth in the relevant EU and national legislation and/or if applicable, that for each Sub-Project, all the required consents have been obtained and/or all the required procedures followed for each Sub-Project, where an Environmental Impact Assessment was prepared, a copy of the nontechnical summary of the relevant Environmental Impact Study (EIS); (¡ii) a statement from the Borrower that no Sub-Project expected to be financed by the relevant Tranche is subject to nature conservation attestation procedure as set forth in the relevant EU and national legislation or, where applicable, a satisfactory evidence by the competent authority, confirming either
04B All Tranches. The disbursement of each Tranche under Article 1.02(B), including, without prejudice to Article 1.04A and Article 1.04C, the first, shall be subject to the Bank having received from the Borrower, or, as the case may be, from the Guarantor, on or before the date falling seven (7) Luxembourg Business Days preceding the Scheduled Disbursement Date, the following documents or evidence in form and substance acceptable to it:
(i) evidence of the authority of the person(s) authorised to sign the Disbursement Request on behalf of the Borrower and the relating authenticated specimen signature of such persons, save where such evidence has already been supplied;
(ii) a confirmation in writing that sufficient funds continue to be available to ensure the timely completion and implementation of the Project;
(iii) written notice that the Borrower maintains in operation within its organisation the already established PIU;
(iv) a recent certificate from the Borrower in the form of Schedule D;
(v) main elements (e.g. the bid submission letter, the notification of award, the signed contract agreement, the schedule showing the contract amount, the particular conditions of contract, the summary of the bill of quantities, the performance security and advance payment security)of a contract or contracts for a minimum aggregate value equivalent to the amount of the respective Tranche in respect of items specified in the Technical Description as eligible for financing under the Credit, which contract or contracts shall have been executed on terms satisfactory to the Bank having regard to the Bank’s Procurement Guide applicable at the time of signature of this Contract (all expenditure on such items being herein referred to as “Qualifying Expenditure”);
(vi) evidence that the Borrower has incurred Qualifying Expenditure – or has contractually committed up to incur Qualifying Expenditure within hundred twenty (120) days following the relevant Scheduled Disbursement Date – in an amount equal to the aggregate of previous disbursements and the 80 % of the requested disbursement – save for the final disbursement where the amount shall be equal to the aggregate of previous disbursements and the requested disbursement – provided that, for the purpose of calculating the equivalent in euro of any sum spent in another currency, the Bank shall apply the reference exchange rate computed and published for that currency by the European Central Bank on such date falling within 15 (fifteen) days be...
04B All Tranches. The disbursement of each Tranche under Article 1.02, including the first, is conditional upon receipt by the Bank in form and substance satisfactory to it, on or before the date falling 15 (fifteen) days before the Scheduled Disbursement Date, of the following documents or evidence:
(a) evidence satisfactory to the Bank that the Borrower’s own budgetary resources and/or resources from other external sources are available to fund the Project; and
(b) a copy of any other authorisation or other document, opinion or assurance which the Bank has notified the Borrower is necessary in connection with the entry into and performance of, and the transactions contemplated by, the Contract or the validity and enforceability of the same;
(c) that on the Scheduled Disbursement Date for the proposed Tranche:
