Common use of Conditions Precedent to Entry into Force Clause in Contracts

Conditions Precedent to Entry into Force. Before this Compact enters into force: (a) the Program Implementation Agreement must have been signed by the parties thereto; (b) the Government must have delivered to MCC: (i) a letter signed and dated by the Principal Representative of the Government, or such other duly authorized representative of the Government acceptable to MCC, confirming that the Government has completed its domestic requirements for this Compact to enter into force and that the other conditions precedent to entry into force in this Section 7.2 have been met; (ii) a signed legal opinion from the Minister of Justice of Jordan (or such other legal representative of the Government acceptable to MCC), in form and substance satisfactory to MCC; and (iii) complete, certified copies of all decrees, legislation, regulations or other governmental documents relating to the Government’s domestic requirements for this Compact to enter into force, which MCC may post on its website or otherwise make publicly available; (c) MCC shall not have determined that after signature of this Compact, the Government has engaged in a pattern of actions inconsistent with the eligibility criteria for MCC Funding; (d) the Government has delivered to MCC a plan, in form and substance satisfactory to MCC, including any necessary adjustments to wastewater tariffs in Amman and Zarqa Governorates, for fully funding the projected treatment charges payable as a result of the As- Samra Expansion Project; (e) the Government has delivered to MCC a plan, in form and substance satisfactory to MCC, including any necessary adjustments to water and wastewater tariffs in Zarqa Governorate, to ensure projected revenues fully fund projected operations and maintenance costs of the water and wastewater network in Zarqa Governorate no later than 2015; and (f) MCC has determined in its sole discretion, after consultation with the Government, that there has been satisfactory progress with respect to the As-Samra Expansion Project.

Conditions Precedent to Entry into Force. Before this Compact enters into force: (a) the Program Implementation Agreement must have been signed by the parties thereto; (b) the Government must have delivered to MCC: (i) a letter signed and dated by the Principal Representative of the Government, or such other duly authorized representative of the Government as may be duly authorized in a manner acceptable to MCC, confirming that the Government has completed its domestic requirements for this Compact to enter into force and that the other conditions precedent to entry into force in this Section 7.2 have been met; (ii) a signed legal opinion from the Minister Attorney General of Justice of Jordan Zambia (or such other legal representative of the Government acceptable to MCC), in form and substance satisfactory to MCC; and (iii) complete, certified copies of all decrees, legislation, regulations or other governmental documents relating to the Government’s domestic requirements for this Compact to enter into force, which MCC may post on its website or otherwise make publicly available; (c) MCC shall will not have determined that that, after signature of this Compact, the Government has engaged in a pattern of actions inconsistent with the eligibility criteria for MCC Funding; (d) the Government has must have delivered to MCC a planplan (the “GRZ Sanitation Connection Action Plan”), consistent with LWSC’s “Sanitation Marketing Program” approved by the Government, describing how the Government will administer the supplemental Government funding to be set aside to assist beneficiaries that are unable to pay for household connections to the sanitation infrastructure assets to be financed under this Compact, which plan must be in form and substance satisfactory to MCC; (e) the Government must have delivered to MCC a certified copy of a resolution of the board of directors of LWSC (or such similar instrument as may be proposed by the Government and is acceptable to MCC) demonstrating, to MCC’s satisfaction, that at least fifty percent (50 percent) of LWSC’s Retained Earnings will be reserved for asset renewal and capital expansion; (f) MCC will have determined that the Government has verified a reasonable amount of its outstanding payment obligations to LWSC (as evidenced to MCC’s satisfaction) in connection with the provision of water supply and sanitation services, and that such obligations have been satisfied (to MCC’s satisfaction); and (g) The Government and LWSC must have entered into an agreement (the “LWSC Sustainability Agreement”), in form and substance satisfactory to MCC, including any necessary adjustments setting forth performance requirements or milestones designed to wastewater tariffs assure the continued technical efficiency and financial and commercial sustainability of LWSC, including, without limitation, requirements or milestones related to LWSC’s corporate governance, operational and financial performance and improved customer service, which agreement must also include semi-annual benchmarks against which the Government and LWSC will measure their respective progress in Amman satisfying such performance requirements or milestones and Zarqa Governorates, which must also provide for fully funding the projected treatment charges payable as a result periodic technical audits of the As- Samra Expansion Project; (e) the Government has delivered to MCC a plan, in form Government’s and substance satisfactory to MCC, including any necessary adjustments to water and wastewater tariffs in Zarqa Governorate, to ensure projected revenues fully fund projected operations and maintenance costs of the water and wastewater network in Zarqa Governorate no later than 2015; and (f) MCC has determined in its sole discretion, after consultation LWSC’s performance under or compliance with the Government, that there has been satisfactory progress with respect to the As-Samra Expansion Projectsuch agreement.

Conditions Precedent to Entry into Force. Before this Compact enters into force: (a) the Program Implementation Agreement must have been signed by the parties thereto; (b) the The Government must have delivered to MCC: (i) a letter signed and dated by the Principal Representative of the Government, or such other duly authorized representative of the Government acceptable to MCC, confirming that the Government has completed its domestic requirements necessary for this Compact to enter into force and that the other conditions precedent to entry into force in this Section 7.2 have been met; (ii) a signed legal opinion from the Minister Attorney General of Justice of Jordan Ghana (or such other legal representative of the Government acceptable to MCC), in form and substance satisfactory to MCC; and; (iii) complete, certified copies of all decrees, legislation, regulations or other governmental documents relating to the Government’s domestic requirements necessary for this Compact and the PIA to enter into force, which MCC may post on its website or otherwise make publicly available; (c) MCC shall not have determined that after signature determined, at the time of this Compact’s entry into force, that the Government has engaged in a pattern of actions inconsistent with the eligibility criteria for MCC Funding; (d) the The Government has must have delivered to MCC evidence: (i) that the tender documents for an Acceptable ECG PSP Transaction have been released for competitive selection through an open and transparent process acceptable to MCC; (ii) of substantial compliance with the Gas Action Plan, including providing copies of the executed agreements required in accordance with the Gas Action Plan; (iii) that a planlong term Gas Sector Master Plan, in form and substance satisfactory acceptable to MCC, including any necessary adjustments to wastewater tariffs in Amman and Zarqa Governorates, for fully funding has been approved by the projected treatment charges payable as a result of the As- Samra Expansion ProjectGovernment; (eiv) of substantial compliance with the Government has delivered to MCC a plan, in form and substance satisfactory to MCC, including any necessary adjustments to water and wastewater tariffs in Zarqa Governorate, to ensure projected revenues fully fund projected operations and maintenance costs of the water and wastewater network in Zarqa Governorate no later than 2015Electric Distribution Utility Payment Action Plan; and (fv) MCC has determined of approval and implementation of quarterly tariff adjustments in its sole discretion, after consultation accordance with the Governmentexisting formula for each of the calendar quarters between the initial CIF Disbursement and entry into force of this Compact. For the avoidance of doubt, that there has been satisfactory progress with respect the conditions specified in this Subsection reflect policy commitments made by the Government prior to the As-Samra Expansion Projectexecution of this Compact.

Conditions Precedent to Entry into Force. Before this Compact enters into force: (a) the The Program Implementation Agreement must have been signed by the parties thereto; (b) the The Government must have delivered to MCC: (i) a letter signed and dated by the Principal Representative of the Government, or such other duly authorized representative of the Government acceptable to MCC, confirming that the Government has completed its domestic requirements for this Compact to enter into force and that the other conditions precedent to entry into force in this Section 7.2 have been met;. (ii) a signed legal opinion from the Minister Attorney General of Justice of Jordan Malawi (or such other legal representative of the Government acceptable to MCC), in form and substance satisfactory to MCC; and (iii) complete, certified copies of all decrees, legislation, regulations or other governmental documents relating to the Government’s domestic requirements for this Compact to enter into forceforce and the satisfaction of Section 7.1, if any, which MCC may post on its website or otherwise make publicly available; (c) MCC shall not have determined that after signature of this Compact, the Government has engaged in a pattern of actions inconsistent with the eligibility criteria for MCC Funding; (d) the The Government has delivered to MCC a planevidence, in form and substance satisfactory to MCC, including any necessary adjustments that it has fully funded a turnaround facility for Electricity Supply Corporation of Malawi (“ESCOM”) to wastewater tariffs meet XXXXX’s working capital and investment capital needs for the Government’s Fiscal Year 2012, as further described in Amman and Zarqa Governorates, for fully funding Annex I to this Compact (the projected treatment charges payable as a result of the As- Samra Expansion Project“Turnaround Facility”); (e) the The Government will ensure that XXXXX has delivered to MCC employed a plan, in form and substance satisfactory to MCC, including any necessary adjustments to water and wastewater tariffs in Zarqa Governorate, to ensure projected revenues fully fund projected operations and maintenance costs of the water and wastewater network in Zarqa Governorate no later than 2015professionally qualified Chief Executive Officer for ESCOM; and (f) MCC has determined in its sole discretion, after consultation with The Government will have delivered a schedule for the Government, construction of the Kapichira II hydropower plant that there has been satisfactory progress with respect is acceptable to the As-Samra Expansion ProjectMCC.