Availability of Foreign Exchange Sample Clauses

Availability of Foreign Exchange. Any restriction or requirement not in effect on the date hereof shall be imposed, whether by legislative enactment, decree, regulation, order or otherwise, which limits the availability or the transfer of foreign exchange by any Obligor for the purpose of performing any material obligations under the Finance Documents, any certificates, waivers, or any other agreements delivered pursuant to the Finance Documents.
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Availability of Foreign Exchange. Upon application having been made by the Seller in the Prescribed Form (such application having been made no less than fifteen (15) Business Days prior to the requested date for Dollars or Euros, as the case may be), the GOP shall, on such requested date, make available to the Seller through the State Bank of Pakistan, to the extent that Dollars or Euros, as the case may be, are not available through normal commercial banking channels, Dollars or Euros, as the case may be, in exchange for Rupees in the amount necessary for (not in order of priority) (i) meeting the Seller’s requirements for Foreign Currency to meet its obligations under this Agreement including payments in Foreign Currency to the EPC Contractor under the EPC Contract, (ii) repatriation by the Seller of dividends to Foreign Investors and repatriation upon conversion of Rupee proceeds of sales of Ordinary Share Capital purchased with the Rupee proceeds of Foreign Currency, which sales are made in accordance with the terms of this Agreement, and proceeds of sale upon dissolution or liquidation or expiry of Term of foreign investment in the share capital of the Seller, (iii) after the Commercial Operations Date, the necessary Foreign Currency expenses of the Project (including, without limitation, remuneration of the O&M Contractor, where applicable, fees, salaries and other monetary emoluments and the purchase of spare parts), (iv) the payment of premiums and fees to offshore insurers and reinsurers, (v) all payments to the Lenders that require Foreign Currency in accordance with the terms of the Financing Documents (vi) any Foreign Currency compensation payments to be made by the GOP in the event of termination of this Agreement pursuant to Section 15.1 (Compensation upon Termination) (and compensation payments for a loan denominated and payable in Foreign Currency under the Financing Documents shall, unless otherwise provided, be deemed to be required to be paid in such Foreign Currency), and (vii) in the event of a Restoration or modification of the Complex pursuant to Article XV of the Energy Purchase Agreement, any financing provided by the GOP or the Purchaser, as the case may be, in Rupees and payable to foreign Contractors in Foreign Currency. The exchange rate applicable to such conversion shall be the State Bank of Pakistan’s “weighted average rate” (offer) (or the substitute or replacement rate thereto) for Dollars or Euros, as the case may be, announced or made available on the Bu...
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Availability of Foreign Exchange. Upon application having been made by the Company in the Prescribed Form (such application having been made no less than fifteen (15) Business Days prior to the requested date for Specified Foreign Currency), the GOP shall, on such requested date, make available to the Company through the State Bank of Pakistan, to the extent that the Specified Foreign Currency is not available through normal commercial banking channels, Specified Foreign Currency in exchange for Rupees in the amount necessary for (i) meeting the Company’s requirements for Foreign Currency necessary to meet its obligations under this Agreement,
Sample 1
Availability of Foreign Exchange. Upon application having been made by the Seller in the Prescribed Form (such application having been made no less than fifteen (15) Business Days prior to the requested date for Dollars or Euros, as the case may be), the GOP shall, on such requested date, make available to the Seller through the State Bank of Pakistan, to the extent that Dollars or Euros, as the case may be, are not available through normal commercial banking channels, Dollars or Euros, as the case may be, in exchange for Rupees in the amount necessary for (not in order of priority) (i) meeting the Seller’s requirements for Foreign Currency to meet its obligations under this Agreement including payments in Foreign Currency to the EPC Contractor under the EPC Contract, (ii) repatriation by the Seller of dividends to Foreign Investors and repatriation upon conversion of Rupee proceeds of sales of Ordinary Share Capital purchased with the Rupee proceeds of Foreign Currency, which sales are made in accordance with the terms of this Agreement, and proceeds of sale upon dissolution or liquidation or expiry of Term of foreign investment in the share capital of the Seller, (iii) after the Commercial Operations Date, the necessary Foreign Currency expenses of the Project (including, without limitation, remuneration of the O&M Contractor, where applicable, fees, salaries and other monetary emoluments and the purchase of spare parts),
Sample 1
Availability of Foreign Exchange. Upon application having been made by the Company in the prescribed form, such application having been made not less than fifteen (15) Days prior to the requested date for the foreign currency, the GOL shall, as available on a priority basis, on such requested date, make available to the Company through the Central Bank of Liberia sufficient foreign currency for the Company to purchase through normal commercial banking channels, for the Company’s foreign currency payments arising with respect to the Project. In this regard, the GOL shall direct that the Central Bank of Liberia has available sufficient amounts of foreign currency for the Company to purchase so as to enable the Company to make and meet all of its foreign currency-denominated payment obligations required with respect to the Project.
Sample 1
Availability of Foreign Exchange. Upon application having been made by the Company in the Prescribed Form (such application having been made no less than fifteen (15) Business Days prior to the requested date for Specified Foreign Currencys), the GOP shall, on such requested date, make available to the Company through the State Bank of Pakistan, to the extent that Specified Foreign Currencys are not available through normal commercial banking channels, Specified Foreign Currencys in exchange for Rupees in the amount necessary for (i) meeting the Company’s requirements for Foreign Currency necessary to meet its obligations under this Agreement, (ii) repatriation by the Company of dividends to Foreign Investors and repatriation upon conversion of Rupee proceeds of 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) after the Commercial Operations Date, the necessary Foreign Currency expenses of the Project (including, without limitation, remuneration of the O&M Contractor, where applicable, fees, salaries and other monetary emoluments and the purchase of spare parts), (iv) the payment of amounts due for imported coal and its transportation from the port of origin to the port facilities in Pakistan or the Coal Jetty, as the case may be, (v) the payment of premiums and fees to offshore insurers and reinsurers, (vi) all payments to the Lenders that require Foreign Currency in accordance with the terms of the Financing Documents
Sample 1
Availability of Foreign Exchange. Upon application having been made by the Seller in the Prescribed Form (such application having been made no less than fifteen (15) Business Days prior to the requested date for Dollars or Euros, as the case may be), the GOP shall, on such requested date, make available to the Seller through the State Bank of Pakistan, to the extent that Dollars or Euros, as the case may be, are not available through normal commercial banking channels, Dollars or Euros, as the case may be, in exchange for Rupees in the amount necessary for (not in order
Sample 1
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Related to Availability of Foreign Exchange

  • Availability of Funds Unless Administrative Agent shall have been notified by any Lender prior to the applicable Credit Date that such Lender does not intend to make available to Administrative Agent the amount of such Lender’s Loan requested on such Credit Date, Administrative Agent may assume that such Lender has made such amount available to Administrative Agent on such Credit Date and Administrative Agent may, in its sole discretion, but shall not be obligated to, make available to Borrower a corresponding amount on such Credit Date. If such corresponding amount is not in fact made available to Administrative Agent by such Lender, Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender together with interest thereon, for each day from such Credit Date until the date such amount is paid to Administrative Agent, at the customary rate set by Administrative Agent for the correction of errors among banks for three Business Days and thereafter at the Base Rate. If such Lender does not pay such corresponding amount forthwith upon Administrative Agent’s demand therefor, Administrative Agent shall promptly notify Borrower and Borrower shall immediately pay such corresponding amount to Administrative Agent together with interest thereon, for each day from such Credit Date until the date such amount is paid to Administrative Agent, at the rate payable hereunder for Base Rate Loans for such Class of Loans. Nothing in this Section 2.5(b) shall be deemed to relieve any Lender from its obligation to fulfill its Term Loan Commitments and Revolving Commitments hereunder or to prejudice any rights that Borrower may have against any Lender as a result of any default by such Lender hereunder.

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