Common use of Financial Close Clause in Contracts

Financial Close. 24.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close within 180 (one hundred and eighty) days from the date of this Agreement and in the event of delay, it shall be entitled to a further period not exceeding 120 (one hundred and twenty) days, subject to payment of Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the Performance Security for each day of delay; provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 180 (one hundred and eighty) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2

Appears in 4 contracts

Samples: Model Concession Agreement, Concession Agreement, Concession Agreement

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Financial Close. 24.1.1 19.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve the Financial Close within 180 90 (one hundred and eightyNinety) days from the date of this Agreement Proposal Acceptance Date and in the event of delay, it shall be entitled to a further period not exceeding 120 30 (one hundred and twentyThirty) days, subject to payment of Damages damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the Construction Performance Security for each day of delay; provided that the Damages damages specified herein shall be payable every week in advance and the period beyond the said 180 (one hundred and eighty) 90 days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2Article 4 or due to Force Majeure.

Appears in 3 contracts

Samples: Concession Agreement, Substitution Agreement, Concession Agreement

Financial Close. 24.1.1 19.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve the Financial Close within 180 90 (one hundred and eightyninety) days from the date of this Agreement Date and in the event of delay, it shall be entitled to a further period not exceeding 120 45 (one hundred and twentyforty five) days, subject to payment of Damages damages to the Authority in a sum calculated at the rate of 0.1an amount equivalent to 0.05% (zero point one per centzero five percent) of the amount of the Performance Security for each day of delay; provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 180 90 (one hundred and eightyninety) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2Article 4 or

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Financial Close. 24.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close within 180 120 (one hundred and eightytwenty) days from the date of this Agreement and in the event of delay, it shall be entitled to a further period not exceeding [120 (one hundred and twenty) )] days, subject to payment of Damages to the Authority MOPIT in a sum calculated at the rate of 0.1% (zero point one per cent) of the Performance Security for each day of delay; provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 180 (one hundred and eighty) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Authority MOPIT in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.24.1.2 or due to Force Majeure.

Appears in 1 contract

Samples: Concession Agreement

Financial Close. 24.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close within 180 (one hundred and eighty) days from the date of this Agreement and in the event of delay, it shall be entitled to a further period not exceeding 120 180 (one hundred and twentyeighty) days, subject to payment of Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the Performance Security for each day of delay; provided that the Damages specified herein shall be payable every week in advance and the period beyond the said first mentioned of 180 (one hundred and eighty) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Authority in procuring satisfaction of the Conditions Precedent specified in Clause Article 4.1.2

Appears in 1 contract

Samples: Draft Concession Agreement

Financial Close. 24.1.1 19.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve the Financial Close within 180 90 (one hundred and eightyninety) days from the date of this Agreement Effective Date and in the event of delay, it shall be entitled to a further period not exceeding 120 30 (one hundred and twentythirty) days, subject to payment of Damages damages to the Authority in a sum calculated at the rate of an amount of Rs 5,000/- ( Rupees FiveThousand Only) i.e 0.1% (zero point one per centpercent) of the amount of the Performance Security for each day of delay; provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 180 90 (one hundred and eightyninety) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2Article 4 or due to Force Majeure.

Appears in 1 contract

Samples: Concession Agreement

Financial Close. 24.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close within 180 (one hundred and eighty) days from the date of this Agreement and in the event of delay, it shall be entitled to a further period not exceeding 120 (one [120(one hundred and twenty) days, )] days subject to payment of Damages to the Authority MPRDC in a sum calculated at the rate of 0.1% (zero point one per centpercent) of the Performance Security for each day of delay; provided provide that the Damages specified herein shall be payable every week in advance and the period beyond the said 180 (one 180(one hundred and eighty) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Authority MPRDC in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2

Appears in 1 contract

Samples: Concession Agreement

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Financial Close. 24.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close within 180 (one hundred and eighty) days from the date of this Agreement and in the event of delay, it shall be entitled to a further period not exceeding 120 (one hundred and twenty) days, subject to payment of Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the Performance Security for each day of delay; provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 180 (one hundred and eighty) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2

Appears in 1 contract

Samples: Escrow Agreement

Financial Close. 24.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close within 180 60 (one hundred and eightysixty) days from the date of this Agreement and in the event of delay, it shall shall, be entitled to a further period not exceeding 120 30 (one hundred and twentythirty) days, subject to payment of Damages to the Authority MSRDC in a sum calculated at the rate of 0.1% (zero Zero point one per cent) of the Performance Security for each day of delay; provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 180 60 (one hundred and eightysixty) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial financial Close has occurred solely as a result of any default or delay by the Authority MSRDC in procuring satisfaction of the Conditions Condition Precedent specified in Clause 4.1.24.1.2 or due to Force Majeure.

Appears in 1 contract

Samples: Concession Agreement

Financial Close. 24.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close within 180 270 (one two hundred and eightyseventy) days from the date of this Concession Agreement and in the event of delay, it Concessionaire shall be entitled to a further period not exceeding 120 (one hundred and twenty) days, subject to payment of pay Damages to the Authority in a sum calculated at the rate of 0.10.05% (zero point one zero five per cent) of the Performance Security for each day of delay; provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 180 270 (one two hundred and eightyseventy) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2Clause

Appears in 1 contract

Samples: Concession Agreement

Financial Close. 24.1.1 27.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close within 180 (one hundred and eighty) days from the date of this Agreement and in the event of delay, it shall be entitled to a further period not exceeding 120 [200 (one hundred and twenty) two hundred)] days, subject to payment of Damages to the Authority in a sum calculated at the rate of [0.1% (zero point one per cent) )] of the Performance Security for each day of delay, subject to payment of maximum Damages of 20% of Performance Security; provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 180 (one hundred and eighty) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2

Appears in 1 contract

Samples: Leave and License Agreement

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