AVAILABILITY OF THE CREDIT. The CLIENT will receive the Credit in a single exhibition by electronic transfer to the Standardized Bank Code (XXXXX) ${BANK_ACCOUNT} or by deposit to the CLIENT’S card number from the stated banking institution; the deposit will be subject to the existence of resources that enable MONEYMAN to make the respective delivery.
AVAILABILITY OF THE CREDIT. The Lenders shall make available to the Borrower a credit of a maximum amount of US$ 279,263,600 (two hundred seventy nine million two hundred sixty three thousand six hundred Dollars) to enable it to pay to the Supplier up to 80% of the Contract Price of the Vessel. The Credit may only be used to pay for goods and services of French origin. However, within the limits and under the conditions fixed by the French authorities, it shall be extended to cover goods and services incorporated in deliveries made by the Supplier and originating from countries other than the Borrower's country and France, which have been sub-contracted by the Supplier and therefore remain under its responsibility. In the event that the Contract Price for the Vessel increases pursuant to the terms of the Contract, the Lenders agree to increase the maximum amount of the Credit by an amount of up to US$ 47,474,812 (being 80% of 17% of US$349,079,500) to finance up to 80% of the US$ counter-value as at the Forward Rate of the Change Order Amount if the Borrower so requests by simple written notification to SOCIETE GENERALE on behalf of the Lenders with a certificate of the Borrower stating the Forward Rate and a copy of the commercial invoice(s) for such Change Orders or any such other similar document issued by the Supplier stating the Change Order Amount. Any increase in furtherance of the preceding paragraph will be set out in an addendum to this Agreement to be signed at the latest five (5) Banking Days before the Intended Delivery Date.
AVAILABILITY OF THE CREDIT. The credit shall be made available to the BENEFICIARY in installments, after the fulfillment of the suspensive conditions of use referred to in Section Thirteen, as a result of the requirements for the execution of the project, provided it respects the BNDES’ financial schedule, which is subject to the definition of funds, for its use, by Brazil’s National Monetary Council.
AVAILABILITY OF THE CREDIT. 7.1. The funds shall be made available to the BENEFICIARY in installments and according to the requirements for the execution of the project, provided it respects the BNDES’ financial schedule, which is subject to the definition of funds, for its use, by Brazilian Monetary Council and to the availability of funds arising from the Credit Facility Agreement no. 91.2.149.6.1.013, which is referred to in subsection 2.1. above.
7.2. The amount of each installment of sub-credits “A” and “C” to be made available to the BENEFICIARY shall be calculated according to the criterion established by the law that defined the Long-term Income Tax (TJLP) to calculate the outstanding balances of the financing agreements entered into through the BNDES System up to November 30, 1994.
7.3. The funds shall be transferred by the FINANCIAL AGENTS to the BENEFICIARY, in the following proportions, pursuant to the Syndicate Agreement, which is part of this instrument: Banco Bradesco S.A. 80,852,380.00 21.83 Banco Itaú S.A. 80,852,380.00 21.83 Unibanco – Unão de Bancos Brasileiros S.A. 80,852,380.00 21.83 Banco Alfa de Investimentos S.A. 80,852,380.00 21.83 Banco BBA Creditanstalt S.A. 46,963,480.00 12.68 TOTAL: 370,373,000.00 100.00
7.4. The funds shall be transferred by the FINANCIAL AGENTS to the BENEFICIARY, on the third business day after the date of receipt of the funds of Sub-credits “A” and “C” and on the second business day after the date of receipt of the funds of Sub-credit “B”.
7.5. No release shall be made prior to the transfer by the BNDES to the FINANCIAL AGENTS of the amount corresponding to each of them, and no responsibility shall be borne by the FINANCIAL AGENTS should the BNDES halt the disbursements or carry them out only on a partial basis or subject them to conditions that were not provided for in this Agreement or, still, cancel, fully or partially, the credit granted to the FINANCIAL AGENTS, without these being responsible for this.
7.6. If, for any reason, the BNDES does not transfer to the FINANCIAL AGENTS the amount required for the loan, or should it halt any release of funds to be transferred to the BENEFICIARY, this AGREEMENT shall be fully or partially terminated, for all legal purposes and regardless of any judicial or extrajudicial notification. In that event, the BENEFICIARY shall have no right—to be demanded from the FINANCIAL AGENTS—, and, as a result, no claim to compensation or reimbursement of any emerging loss or loss of profits arising from th...
AVAILABILITY OF THE CREDIT. The credit will be of liquid assets to the BENEFICIARY, in parcels, after the probationary utilization conditions referred to in the Nineteenth Clause have been fulfilled.
AVAILABILITY OF THE CREDIT. 7 ARTICLE III -
AVAILABILITY OF THE CREDIT. The credit shall be made available to the BENEFICIARY in installments, after compliance with the conditions precedent of use mentioned in Section Ten, by virtue of the need to carry out the financed project, with due regard for the financial program of the BNDES, which is conditioned upon the definition of funds for application thereof by the National Monetary Council. The funds in this transaction shall be made available to the BENEFICIARY through credit in a non-transaction current account opened on its behalf at the BNDES, in which the debits determined by the law and those contractually authorized by the BENEFICIARY shall be made upon release, the remaining total balance of which shall be promptly transferred to current account No. 7.700.313-3, held by the BENEFICIARY at Banco Real S/A (No. 0356), Corporate Paulista branch (No. 0689).
AVAILABILITY OF THE CREDIT. 14 2.3 COMMITMENT OF EACH LENDER.................................14 2.4 UTILIZATIONS PROPORTIONAL TO COMMITMENTS..................14 2.5 BORROWINGS UNDER THE CREDIT...............................15 2.6
AVAILABILITY OF THE CREDIT. Facility 1 and Facility 2 shall not revolve and shall be repayable as provided for herein and on the Facility 1 Maturity Date and the Facility 2 Maturity Date, respectively. The Borrowers acknowledge that Facility 1 and Facility 2 have been fully utilized and that no new advances are to be made under this Agreement
AVAILABILITY OF THE CREDIT. The credit will be made available to BENEFICIARY, in installments, in function of the need for performance of the financed project, in compliance with the financial schedule of BNDES, which is subordinated to the definition of funds for its applications, by the National Monetary Council.
