Common use of Availability of Dollars Clause in Contracts

Availability of Dollars. (a) The Company shall be permitted to purchase Dollars through normal commercial banking channels (and to hold in an account of the Company permitted under Section 8.2) in the amount necessary for or in respect of: (i) meeting the Company’s Foreign Currency payment obligations under any agreement that constitutes a part of the Security Package (other than the Financing Documents, for which clause (viii) shall apply); (ii) the repatriation by the Company of any capital contributions or dividends to Foreign Investors and repatriation upon conversion of Dollar proceeds from sales of Ordinary Share Capital purchased with Foreign Currency, which sales are made in accordance with the terms of this Agreement, and proceeds of sale upon dissolution or liquidation; (iii) the Foreign Currency expenses of the Project (including remuneration of the Construction Contractor, O&M Contractor and Lenders and, where applicable, fees, salaries and other monetary emoluments of its employees, agents, and direct foreign collaborators, experts and suppliers and the purchase of spare parts), the payment of premiums and fees to offshore insurers and reinsurers; (iv) all payments into, or out of, any reserve or Escrow Accounts required by the Lenders under the Financing Documents or by BPDB under the Power Purchase Agreement that require Foreign Currency, in accordance with Section 8.3(a); (v) any compensation payments to be made by the GOB in the event of a termination of this Agreement; (vi) in the event of a Restoration or modification of the Facility pursuant to Section 11, any financing provided by the GOB in Taka and payable to foreign contractors of any kind; (vii) any payments of liquidated damages by BPDB to the Company in connection with the Power Purchase Agreement; (viii) meeting the Company’s payment obligations in any Foreign Currency under the Financing Documents, including, without limitation, repayments of principal (whether scheduled or accelerated by Lenders), interest (including default interest), commissions, fees (including without limitation commitment and guarantee fees), expenses, costs, Lender make-whole payments, and other pre-payment costs, and the realization of remedies under the Guarantee. (b) Upon receipt by the GOB of an application in the Prescribed Form from the Company or its nominated commercial bank, the GOB shall, not later than the 6th (sixth) Business Day (the “Transaction Day”) following the date of such application, cause Xxxxxx Bank to provide to the Company’s nominated commercial bank, such Dollars in the requested amount as are necessary to meet the expenditures or satisfy the transactions referred to in Section 8.4(a), at Xxxxxx Bank’s stated rate for purchases of Dollars (of like-amount to the requested amount) by “Authorized Dealers” (as such term is used in Exchange Rate Circulars issued by Xxxxxx Bank) in Bangladesh on the Transaction Day.

Availability of Dollars. (a) The Company shall be permitted to purchase Dollars through normal commercial banking channels (and to hold in an account of the Company permitted under Section 8.2) in the amount necessary for or in respect of: (i) meeting the Company’s Company‟s Foreign Currency payment obligations under any agreement that constitutes a part of the Security Package (other than the Financing Documents, for which clause (viii) shall apply); (ii) the repatriation by the Company of any capital contributions or dividends to Foreign Investors and repatriation upon conversion of Dollar proceeds from sales of Ordinary Share Capital purchased with Foreign Currency, which sales are made in accordance with the terms of this Agreement, and proceeds of sale upon dissolution or liquidation; (iii) the Foreign Currency expenses of the Project (including including, remuneration of the Construction ContractorContractor(s), O&M Contractor Contractor(s) and Lenders and, where applicable, fees, salaries and other monetary emoluments of its employees, agents, and direct foreign collaborators, experts and suppliers and the purchase of spare parts), the payment of premiums and fees to offshore insurers and reinsurers; (iv) all payments into, or out of, any reserve or Escrow Accounts required by the Lenders under the Financing Documents or by BPDB under the Power Purchase Agreement that require Foreign Currency, in accordance with Section 8.3(a); (v) any compensation payments to be made by the GOB in the event of a termination of this Agreement; (vi) in the event of a Restoration or modification of the Facility pursuant to Section 1111B, any financing provided by the GOB in Taka and payable to foreign contractors of any kind; (vii) any payments of liquidated damages by BPDB to the Company in connection with the Power Purchase Agreement;; and (viii) meeting the Company’s Company‟s payment obligations in any Foreign Currency under the Financing Documents, including, without limitation, repayments of principal (whether scheduled or accelerated by Lenders), interest (including default interest), commissions, fees (including without limitation commitment and guarantee fees), expenses, costs, Lender make-make- whole payments, and other pre-payment costs, and the realization of remedies under the Guarantee. (b) Upon receipt by the GOB of an application in the Prescribed Form from the Company or its nominated commercial bank, the GOB shall, not later than the 6th (sixth) Business Day (the “Transaction Day”) following the date of such application, cause Xxxxxx Bank to provide to the Company’s nominated commercial bank, such Dollars in the requested amount as are necessary to meet the expenditures or satisfy the transactions referred to in Section 8.4(a), at Xxxxxx Bank’s stated rate for purchases of Dollars (of like-amount to the requested amount) by “Authorized Dealers” (as such term is used in Exchange Rate Circulars issued by Xxxxxx Bank) in Bangladesh on the Transaction Daydeleted.

Availability of Dollars. (a) The Company shall be permitted to purchase Dollars through normal commercial banking channels (and to hold in an account of the Company permitted under Section 8.2) in the amount necessary for or in respect of: (i) meeting the Company’s Foreign Currency payment obligations under any agreement that constitutes a part of the Security Package (other than the Financing Documents, for which clause (viii) shall apply); (ii) the repatriation by the Company of any capital contributions or dividends to Foreign Investors and repatriation upon conversion of Dollar proceeds from sales of Ordinary Share Capital purchased with Foreign Currency, which sales are made in accordance with the terms of this Agreement, and proceeds of sale upon dissolution or liquidation; (iii) the Foreign Currency expenses of the Project (including including, without limitation, remuneration of the Construction ContractorContractor(s), O&M Contractor Contractor(s) and Lenders and, where applicable, fees, salaries and other monetary emoluments of its employees, agents, and direct foreign collaborators, experts and suppliers and the purchase of spare parts), the payment of premiums and fees to offshore insurers and reinsurers; (iv) all payments into, or out of, any reserve or Escrow Accounts required by the Lenders under the Financing Documents or by BPDB under the Power Purchase Agreement that require Foreign Currency, in accordance with Section 8.3(a); (v) any compensation payments to be made by the GOB in the event of a termination of this Agreement; (vi) in the event of a Restoration or modification of the Facility pursuant to Section 11, any financing provided by the GOB in Taka and payable to foreign contractors of any kind; (vii) any payments of liquidated damages by BPDB to the Company in connection with the Power Purchase Agreement;; and (viii) meeting the Company’s payment obligations in any Foreign Currency under the Financing Documents, including, without limitation, repayments of principal (whether scheduled or accelerated by Lenders), interest (including default interest), commissions, fees (including without limitation commitment and guarantee fees), expenses, costs, Lender make-whole payments, and other pre-pre- payment costs, and the realization realisation of remedies under the Guarantee. (b) Upon receipt by the GOB of an application in the Prescribed Form from the Company or its nominated commercial bank, the GOB shall, not later than the 6th sixth (sixth6th) Business Day (the “Transaction Day”) following the date of such application, cause Xxxxxx the Bangladesh Bank to provide to the Company’s nominated commercial bank, such Dollars in the requested amount as are necessary to meet the expenditures or satisfy the transactions referred to in Section 8.4(a), at Xxxxxx the Bangladesh Bank’s stated rate for purchases of Dollars (of like-amount to the requested amount) by “Authorized Authorised Dealers” (as such term is used in Exchange Rate Circulars issued by Xxxxxx Bangladesh Bank) in Bangladesh on the Transaction Day.

Availability of Dollars. ‌ (a) The Company shall be permitted to purchase Dollars through normal commercial banking channels (and to hold in an account of the Company permitted under Section 8.2) in the amount necessary for or in respect of: (i) meeting the Company’s Foreign Currency payment obligations under any agreement that constitutes a part of the Security Package (other than the Financing Documents, for which clause (viii) shall apply); (ii) the repatriation by the Company of any capital contributions or dividends to Foreign Investors and repatriation upon conversion of Dollar proceeds from sales of Ordinary Share Capital purchased with Foreign Currency, which sales are made in accordance with the terms of this Agreement, and proceeds of sale upon dissolution or liquidation; (iii) the Foreign Currency expenses of the Project (including including, without limitation, remuneration of the Construction ContractorContractor(s), O&M Contractor Contractor(s) and Lenders and, where applicable, fees, salaries and other monetary emoluments of its employees, agents, and direct foreign collaborators, experts and suppliers and the purchase of spare parts), the payment of premiums and fees to offshore insurers and reinsurers; (iv) all payments into, or out of, any reserve or Escrow Accounts required by the Lenders under the Financing Documents or by BPDB under the Power Purchase Agreement that require Foreign Currency, in accordance with Section 8.3(a); (v) any compensation payments to be made by the GOB in the event of a termination of this Agreement; (vi) in the event of a Restoration or modification of the Facility pursuant to Section 11, any financing provided by the GOB in Taka and payable to foreign contractors of any kind; (vii) any payments of liquidated damages by BPDB to the Company in connection with the Power Purchase Agreement;; and (viii) meeting the Company’s payment obligations in any Foreign Currency under the Financing Documents, including, without limitation, repayments of principal (whether scheduled or accelerated by Lenders), interest (including default interest), commissions, fees (including without limitation commitment and guarantee fees), expenses, costs, Lender make-whole payments, and other pre-pre- payment costs, and the realization realisation of remedies under the Guarantee. (b) Upon receipt by the GOB of an application in the Prescribed Form from the Company or its nominated commercial bank, the GOB shall, not later than the 6th sixth (sixth6th) Business Day (the “Transaction Day”) following the date of such application, cause Xxxxxx the Bangladesh Bank to provide to the Company’s nominated commercial bank, such Dollars in the requested amount as are necessary to meet the expenditures or satisfy the transactions referred to in Section 8.4(a), at Xxxxxx the Bangladesh Bank’s stated rate for purchases of Dollars (of like-amount to the requested amount) by “Authorized Authorised Dealers” (as such term is used in Exchange Rate Circulars issued by Xxxxxx Bangladesh Bank) in Bangladesh on the Transaction Day.

Availability of Dollars. (a) The Company shall be permitted to purchase Dollars through normal commercial banking channels (and to hold in an account of the Company permitted under Section 8.2) in the amount necessary for or in respect of: (i) meeting the Company’s Foreign Currency payment obligations under any agreement that constitutes a part of the Security Package (other than the Financing Documents, for which clause (viii) shall apply); (ii) the repatriation by the Company of any capital contributions or dividends to Foreign Investors and repatriation upon conversion of Dollar proceeds from sales of Ordinary Share Capital purchased with Foreign Currency, which sales are made in accordance with the terms of this Agreement, and proceeds of sale upon dissolution or liquidation; (iii) the Foreign Currency expenses of the Project (including including, without limitation, remuneration of the Construction Contractor, O&M Contractor and Lenders and, where applicable, fees, salaries and other monetary emoluments of its employees, agents, and direct foreign collaborators, experts and suppliers and the purchase of spare parts), the payment of premiums and fees to offshore insurers and reinsurers; (iv) all payments into, or out of, any reserve or Escrow Accounts required by the Lenders under the Financing Documents or by BPDB under the Power Purchase Agreement that require Foreign Currency, in accordance with Section 8.3(a); (v) any compensation payments to be made by the GOB in the event of a termination of this Agreement; (vi) in the event of a Restoration or modification of the Facility pursuant to Section 11, any financing provided by the GOB in Taka and payable to foreign contractors of any kind; (vii) any payments of liquidated damages by BPDB to the Company in connection with the Power Purchase Agreement; (viii) meeting the Company’s payment obligations in any Foreign Currency under the Financing Documents, including, without limitation, repayments of principal (whether scheduled or accelerated by Lenders), interest (including default interest), commissions, fees (including without limitation commitment and guarantee fees), expenses, costs, Lender make-whole payments, and other pre-payment costs, and the realization of remedies under the Guarantee. (b) Upon receipt by the GOB of an application in the Prescribed Form from the Company or its nominated commercial bank, the GOB shall, not later than the 6th (sixth) Business Day (the “Transaction Day”) following the date of such application, cause Xxxxxx Bank to provide to the Company’s nominated commercial bank, such Dollars in the requested amount as are necessary to meet the expenditures or satisfy the transactions referred to in Section 8.4(a), at Xxxxxx Bank’s stated rate for purchases of Dollars (of like-amount to the requested amount) by “Authorized Dealers” (as such term is used in Exchange Rate Circulars issued by Xxxxxx Bank) in Bangladesh on the Transaction Day.

Availability of Dollars. (a) The Company 8.4.1 Each Beneficiary shall be permitted to purchase Dollars through normal commercial banking channels (and to hold in an account of the Company permitted under Section 8.2any Beneficiary) in the amount necessary for or in respect of: (ia) meeting the Company’s each Beneficiary's Foreign Currency payment obligations under any agreement that constitutes a part of the Security Package Project Agreement (other than the Financing Finance Documents, for which clause paragraph (viiie) shall apply); (iib) the repatriation by the Company any Beneficiary of any capital contributions contributions, shareholder loans, dividends or dividends other distributions to Foreign foreign Investors and repatriation upon conversion of Dollar proceeds from sales of Ordinary Share Capital purchased with Foreign Currency, which sales are made shares in accordance with the terms of this Agreement, [any] Project Company and proceeds of sale upon dissolution or liquidation; (iiic) the Foreign Currency expenses of the Integrated Project or any part of it (including remuneration including, without limitation, payment of any contractor and the Construction Contractor, O&M Contractor and Lenders Finance Parties and, where applicable, fees, expenses, salaries and other monetary emoluments of its their employees, agents, and direct foreign collaborators, experts and suppliers and advisers, experts, suppliers, the purchase of spare partsparts and the supply of LNG), the payment of premiums and fees to offshore insurers and reinsurers; (ivd) all payments into, or out of, any reserve or Escrow Accounts other accounts required by the Lenders Finance Parties under the Financing Documents Agreements or by BPDB CEB under the Power Purchase Gas Sales Agreement that require Foreign Currency, in accordance with Section 8.3(a);; and (v) any compensation payments to be made by the GOB in the event of a termination of this Agreement; (vi) in the event of a Restoration or modification of the Facility pursuant to Section 11, any financing provided by the GOB in Taka and payable to foreign contractors of any kind; (vii) any payments of liquidated damages by BPDB to the Company in connection with the Power Purchase Agreement; (viiie) meeting the Companyany Beneficiary’s payment obligations in any Foreign Currency under the Financing DocumentsAgreements, including, without limitation, repayments of principal (whether scheduled or accelerated by LendersFinance Parties), interest (including default interest), commissions, fees (including including, without limitation limitation, guarantee, commitment and guarantee arrangement fees), expenses, costs, Lender make-whole paymentshedging costs, premiums, break costs and other pre-pre- payment costs, and the realization realisation of remedies under the Guaranteeguarantee or indemnity pursuant to this Agreement. (b) Upon receipt by the GOB of an application in the Prescribed Form from the Company or its nominated commercial bank, the GOB shall, not later than the 6th (sixth) Business Day (the “Transaction Day”) following the date of such application, cause Xxxxxx Bank to provide to the Company’s nominated commercial bank, such Dollars in the requested amount as are necessary to meet the expenditures or satisfy the transactions referred to in Section 8.4(a), at Xxxxxx Bank’s stated rate for purchases of Dollars (of like-amount to the requested amount) by “Authorized Dealers” (as such term is used in Exchange Rate Circulars issued by Xxxxxx Bank) in Bangladesh on the Transaction Day.

Availability of Dollars. (a) The Company shall be permitted to purchase Dollars through normal commercial banking channels (and to hold in an account of the Company permitted under Section 8.2) in the amount necessary for or in respect of: (i) meeting the Company’s Foreign Currency payment obligations under any agreement that constitutes a part of the Security Package (other than the Financing Documents, for which clause (viii) shall apply); (ii) the repatriation by the Company of any capital contributions or dividends to Foreign Investors and repatriation upon conversion of Dollar proceeds from sales of Ordinary Share Capital purchased with Foreign Currency, which sales are made in accordance with the terms of this Agreement, and proceeds of sale upon dissolution or liquidation; (iii) the Foreign Currency expenses of the Project (including including, without limitation, remuneration of the Construction ContractorContractor(s), O&M Contractor Contractor(s) and Lenders and, where applicable, fees, salaries and other monetary emoluments of its employees, agents, and direct foreign collaborators, experts and suppliers and the purchase of spare parts), the payment of premiums and fees to offshore insurers and reinsurers; (iv) all payments into, or out of, any reserve or Escrow Accounts required by the Lenders under the Financing Documents or by BPDB under the Power Purchase Agreement that require Foreign Currency, in accordance with Section 8.3(a); (v) any compensation payments to be made by the GOB in the event of a termination of this Agreement; (vi) in the event of a Restoration or modification of the Facility pursuant to Section 11, any financing provided by the GOB in Taka and payable to foreign contractors of any kind; (vii) any payments of liquidated damages by BPDB to the Company in connection with the Power Purchase Agreement or by the Gas Supplier to the Company in connection with the Gas Supply Agreement;; and (viii) meeting the Company’s payment obligations in any Foreign Currency under the Financing Documents, including, without limitation, repayments of principal (whether scheduled or accelerated by Lenders), interest (including default interest), commissions, fees (including without limitation commitment and guarantee fees), expenses, costs, Lender make-whole payments, and other pre-pre- payment costs, and the realization realisation of remedies under the Guarantee. (b) Upon receipt by the GOB of an application in the Prescribed Form from the Company or its nominated commercial bank, the GOB shall, not later than the 6th sixth (sixth6th) Business Day (the “Transaction Day”) following the date of such application, cause Xxxxxx the Bangladesh Bank to provide to the Company’s nominated commercial bank, such Dollars in the requested amount as are necessary to meet the expenditures or satisfy the transactions referred to in Section 8.4(a), at Xxxxxx the Bangladesh Bank’s stated rate for purchases of Dollars (of like-amount to the requested amount) by “Authorized Authorised Dealers” (as such term is used in Exchange Rate Circulars issued by Xxxxxx Bangladesh Bank) in Bangladesh on the Transaction Day.

Availability of Dollars. (a) The Company shall be permitted to purchase Dollars through normal commercial banking channels (and to hold in an account of the Company permitted under Section 8.2) in the amount necessary for or in respect of: (i) meeting the Company’s Foreign Currency payment obligations under any agreement that constitutes a part of the Security Package (other than the Financing Documents, for which clause (viii) shall apply); (ii) the repatriation by the Company of any capital contributions or dividends to Foreign Investors and repatriation upon conversion of Dollar proceeds from sales of Ordinary Share Capital purchased with Foreign Currency, which sales are made in accordance with the terms of this Agreement, and proceeds of sale upon dissolution or liquidation; (iii) the Foreign Currency expenses of the Project (including including, remuneration of the Construction ContractorContractor(s), O&M Contractor Contractor(s) and Lenders and, where applicable, fees, salaries and other monetary emoluments of its employees, agents, and direct foreign collaborators, experts and suppliers and the purchase of spare parts), the payment of premiums and fees to offshore insurers and reinsurers; (iv) all payments into, or out of, any reserve or Escrow Accounts required by the Lenders under the Financing Documents or by BPDB under the Power Purchase Agreement that require Foreign Currency, in accordance with Section 8.3(a); (v) any compensation payments to be made by the GOB in the event of a termination of this Agreement; (vi) in the event of a Restoration or modification of the Facility pursuant to Section 1111B, any financing provided by the GOB in Taka and payable to foreign contractors of any kind; (vii) any payments of liquidated damages by BPDB to the Company in connection with the Power Purchase Agreement;; and (viii) meeting the Company’s payment obligations in any Foreign Currency under the Financing Documents, including, without limitation, repayments of principal (whether scheduled or accelerated by Lenders), interest (including default interest), commissions, fees (including without limitation commitment and guarantee fees), expenses, costs, Lender make-make- whole payments, and other pre-payment costs, and the realization of remedies under the Guarantee. (b) Upon receipt by the GOB of an application in the Prescribed Form from the Company or its nominated commercial bank, the GOB shall, not later than the 6th (sixth) Business Day (the “Transaction Day”) following the date of such application, cause Xxxxxx Bank to provide to the Company’s nominated commercial bank, such Dollars in the requested amount as are necessary to meet the expenditures or satisfy the transactions referred to in Section 8.4(a), at Xxxxxx Bank’s stated rate for purchases of Dollars (of like-amount to the requested amount) by “Authorized Dealers” (as such term is used in Exchange Rate Circulars issued by Xxxxxx Bank) in Bangladesh on the Transaction Daydeleted.