Availability of Foreign Exchange Sample Clauses

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. 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 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 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. (a) 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. (b) Paragraph (a) above shall not apply to any such restriction or requirement imposed as a result of member state of the European Union which is a Participating Member State in relation to the euro ceasing to be a Participating Member State in relation to the euro, unless such restriction or requirement would be reasonably likely to result in a Material Adverse Effect.
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
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Related to Availability of Foreign Exchange

  • Foreign Exchange (a) Upon the receipt of Proper Instructions, the Custodian, its agents or its sub-custodian may (but shall not be obligated to) enter into all types of contracts for foreign exchange on behalf of the Company, upon terms acceptable to the Custodian and the Company (in each case at the Company’s expense), including transactions entered into with the Custodian, its sub-custodian or any affiliates of the Custodian or the sub-custodian. The Custodian shall have no liability for any losses incurred in or resulting from the rates obtained in such foreign exchange transactions; and absent specific Proper Instructions, the Custodian shall not be deemed to have any duty to carry out any foreign exchange on behalf of the Company. The Custodian shall be entitled at all times to comply with any legal or regulatory requirements applicable to currency or foreign exchange transactions. (b) The Company acknowledges that the Custodian, any sub-custodian or any affiliates of the Custodian or any sub-custodian, involved in any such foreign exchange transactions may make a margin or generate banking income from foreign exchange transactions entered into pursuant to this Section for which they shall not be required to account to the Company.

  • Foreign Exchange Transactions The Custodian shall, subject to the terms of this Section, settle foreign exchange transactions (including contracts, futures, options and options on futures) on behalf and for the account of the Fund with such currency brokers or banking institutions, including Subcustodians, as the Fund may direct pursuant to Instructions. The Custodian may act as principal in any foreign exchange transaction with the Fund in accordance with Section 7.4.2 of this Agreement. The obligations of the Custodian in respect of all foreign exchange transactions (whether or not the Custodian shall act as principal in such transaction) shall be contingent on the free, unencumbered transferability of the currency transacted on the actual settlement date of the transaction.

  • Foreign Exchange Contracts as Principal The Custodian shall not be obligated to enter into foreign exchange transactions as principal. However, if the Custodian has made available to a Fund its services as a principal in foreign exchange transactions, upon receipt of Proper Instructions, the Custodian shall enter into foreign exchange contracts or options to purchase and sell foreign currencies for spot and future delivery on behalf of and for the account of a Portfolio of such Fund with the Custodian as principal. The Custodian shall be responsible for the selection of the currency brokers or Banking Institutions and the failure of such currency brokers or Banking Institutions to comply with the terms of any contract or option.

  • Foreign Exchange Sublimit As part of the Revolving Line, Borrower may enter into foreign exchange contracts with Bank under which Borrower commits to purchase from or sell to Bank a specific amount of Foreign Currency (each, a “FX Forward Contract”) on a specified date (the “Settlement Date”). FX Forward Contracts shall have a Settlement Date of at least one (1) FX Business Day after the contract date and shall be subject to a reserve of ten percent (10%) of each outstanding FX Forward Contract (the “FX Reserve”). The aggregate amount of FX Forward Contracts at any one time may not exceed ten (10) times the lesser of (A) One Million Dollars ($1,000,000), minus (i) the sum of all amounts used for Cash Management Services, and minus (ii) the Dollar Equivalent of the face amount of any outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit and any Letter of Credit Reserve), or (B) the lesser of Revolving Line or the Borrowing Base, minus (i) the sum of all outstanding principal amounts of any Advances (including any amounts used for Cash Management Services), and minus (ii) the Dollar Equivalent of the face amount of any outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit and any Letter of Credit Reserve). The amount otherwise available for Credit Extensions under the Revolving Line shall be reduced by an amount equal to ten percent (10%) of each outstanding FX Forward Contract (the “FX Reduction Amount”). Any amounts needed to fully reimburse Bank for any amounts not paid by Borrower in connection with FX Forward Contracts will be treated as Advances under the Revolving Line and will accrue interest at the interest rate applicable to Advances.

  • Foreign Exchange Transactions Other Than as Principal Upon receipt of Proper Instructions, the Custodian shall settle foreign exchange contracts or options to purchase and sell foreign currencies for spot and future delivery on behalf of and for the account of a Portfolio with such currency brokers or Banking Institutions as the applicable Fund may determine and direct pursuant to Proper Instructions. The Custodian shall be responsible for the transmission of cash and instructions to and from the currency broker or Banking Institution with which the contract or option is made, the safekeeping of all certificates and other documents and agreements evidencing or relating to such foreign exchange transactions and the maintenance of proper records as set forth in Section 2.25. The Custodian shall have no duty with respect to the selection of the currency brokers or Banking Institutions with which a Fund deals on behalf of its Portfolios or, so long as the Custodian acts in accordance with Proper Instructions, for the failure of such brokers or Banking Institutions to comply with the terms of any contract or option.

  • Third Party Foreign Exchange Transactions The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust on the same basis, if any, that it performs duties as agent for the Trust with respect to any other of the Trust’s investments. Accordingly, the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash payments made to third party currency broker/dealers for settlement of the Trust’s foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time according to such banking facilities standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options and understands that the Trust shall be responsible for any and all costs and interest charges which may be incurred by the Trust or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.

  • Please see the current Washtenaw Community College catalog for up-to-date program requirements Conditions & Requirements

  • Information Exchange As soon as reasonably practicable after the Effective Date, the Parties shall exchange information regarding the design and compatibility of the Interconnection Customer’s Interconnection Facilities and Participating TO’s Interconnection Facilities and compatibility of the Interconnection Facilities with the Participating TO’s Transmission System, and shall work diligently and in good faith to make any necessary design changes.

  • Currency Exchange All payments under this Agreement shall be payable, in full, in Dollars, regardless of the country(ies) in which sales are made. For the purposes of computing Net Sales of Licensed Products that are sold in a currency other than Dollars, such currency shall be converted into Dollars as calculated at the rate of exchange for the pertinent quarter or year to date, as the case may be, as used by Celgene in producing its quarterly and annual accounts, as confirmed by their respective auditors.

  • SBC-12STATE 47.1.1 The terms contained in this Agreement and any Appendices, Attachments, Exhibits, Schedules, and Addenda constitute the entire agreement between the Parties with respect to the subject matter hereof, superseding all prior understandings, proposals and other communications, oral or written between the Parties during the negotiations of this Agreement and through the execution and/or Effective Date of this Agreement. This Agreement shall not operate as or constitute a novation of any agreement or contract between the Parties that predates the execution and/or Effective Date of this Agreement.

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