Common use of Benefit conferred Clause in Contracts

Benefit conferred. A benefit shall normally be treated as con- ferred where there is a benefit to the recipi- ent, including— (i) in the case of an equity infusion, if the investment decision is inconsistent with the usual investment practice of pri- vate investors, including the practice re- xxxxxxx the provision of risk capital, in the country in which the equity infusion is made, (ii) in the case of a loan, if there is a dif- xxxxxxx between the amount the recipient of the loan pays on the loan and the amount the recipient would pay on a com- parable commercial loan that the recipient could actually obtain on the market, (iii) in the case of a loan guarantee, if there is a difference, after adjusting for any difference in guarantee fees, between the amount the recipient of the guarantee pays on the guaranteed loan and the amount the recipient would pay for a com- parable commercial loan if there were no guarantee by the authority, and (iv) in the case where goods or services are provided, if such goods or services are provided for less than adequate remunera- tion, and in the case where goods are pur- chased, if such goods are purchased for more than adequate remuneration. For purposes of clause (iv), the adequacy of remuneration shall be determined in rela- tion to prevailing market conditions for the good or service being provided or the goods being purchased in the country which is sub- ject to the investigation or review. Prevail- ing market conditions include price, quality, availability, marketability, transportation, and other conditions of purchase or sale.

Benefit conferred. A benefit shall normally be treated as con- ferred where there is a benefit to the recipi- ent, including— (i) in the case of an equity infusion, if the investment decision is inconsistent with the usual investment practice of pri- vate investors, including the practice re- xxxxxxx the provision of risk capital, in the country in which the equity infusion is made, (ii) in the case of a loan, if there is a dif- xxxxxxx between the amount the recipient of the loan pays on the loan and the amount the recipient would pay on a com- parable commercial loan that the recipient could actually obtain on the market, (iii) in the case of a loan guarantee, if there is a difference, after adjusting for any difference in guarantee fees, between the amount the recipient of the guarantee pays on the guaranteed loan and the amount the recipient would pay for a com- parable commercial loan if there were no guarantee by the authority, and (iv) in the case where goods or services are provided, if such goods or services are provided for less than adequate remunera- tion, and in the case where goods are pur- chased, if such goods are purchased for more than adequate remuneration. For purposes of clause (iv), the adequacy of remuneration shall be determined in rela- tion to prevailing market conditions for the good or service being provided or the goods being purchased in the country which is sub- ject to the investigation or review. Prevail- ing Pre- vailing market conditions include price, quality, availability, marketability, transportationtrans- portation, and other conditions of purchase or sale.