Repatriation of Funds. Notwithstanding any other provisions of Section 2.4(e)(ii), (iii) or (vi), to the extent the Net Cash Proceeds of an any voluntary or involuntary sale or disposition by such Borrower or any of its Subsidiaries of assets, Extraordinary Receipts or Excess Cash Flow is attributable to a foreign Subsidiary and (A) is prohibited by applicable local law from being repatriated to the United States or, (B) if such repatriation would have a material adverse tax consequence with respect to such funds, the portion of such Net Cash Proceeds, Extraordinary Receipts or Excess Cash Flow (but subject to the proviso below) so affected will not be required to be applied to be repaid as required by this Section 2.4(e) but may be retained by the applicable foreign Subsidiary until such time as the applicable local law will permit repatriation to the United States or the effects of such repatriation would not cause a material adverse tax consequence, whereupon such repatriation shall be promptly effected and such repatriated Net Sale Proceeds, Extraordinary Receipts or Excess Cash Flow will be promptly pre-paid as provided in this Section 2.4(e); provided, however, that notwithstanding the foregoing, with respect to Excess Cash Flow attributable to a CFC for which (B) applies, the Excess Cash Flow so affected must be repatriated to be repaid if Borrowers’ and its Subsidiaries’ Liquidity located in the United States of America is insufficient to repay the amount required to be repaid under Section 2.4(e)(vi) (the difference between required Excess Cash Flow prepayment and the Liquidity located in the United States, the “ECF Shortfall”), but repatriated only to the extent that the ECF Shortfall is in excess of $250,000 in an amount equal to the ECF Shortfall in excess of $250,000..

Repatriation of Funds. The Borrower shall not, without the Bank’s prior written consent, repatriate funds or otherwise make a distribution or payment to the Parent, any other shareholder of the Borrower, the Principals or any Affiliate of the Parent, of the Borrower or of any other shareholder of the Borrower (collectively, the “Restricted Parties”) in any manner including, without limitation, by way of cash distributions of any kind, payment of management fees, payment of any remuneration to the Restricted Parties, payments under expense sharing or cost allocation arrangements, expense reimbursements in excess of Cdn.$500,000 on a rolling twelve (12) months basis (a “Permitted Distribution”); provided that any such repatriation of funds shall not be permitted if the Bank is not satisfied, at its sole discretion, based on the financial projections and current financial results and trends of the Borrower, that following such repatriation of funds and at all times during the twelve month period thereafter, the Borrower shall continue to comply with the minimum Fixed Charge Coverage Ratio set forth in Section 8.8 and the Minimum Excess Availability requirement. Notwithstanding the foregoing, the Bank agrees with the payment of the Management Fees and shall allow a one-time payment to the Parent not exceeding U.S.$5,338,000 on the first Drawdown Date (the “Parent Distribution”).

Repatriation of Funds. The non-Domestic Subsidiaries of FiberMark shall be able, without violating any applicable law, rule or regulation or any of their corporate charter documents, to repay to FiberMark, in the United States, in respect of outstanding intercompany advances, an aggregate amount equal to at least $30,000,000.

Repatriation of Funds. (1) The Contracting Parties shall guarantee the transfer of payments related to investments and returns. Such transfers shall include in particular, though not exclusively: (a) the net profits, dividends, royalties, technical assistance and technical service fees, interest and other current income, accruing from any investment by an investor of the other Contracting Party; (b) the proceeds accruing from the sale or the total or partial liquidation of any investment made by an investor of the other Contracting Party; (c) funds in repayment of loans related to an investment; (d) the earnings of nationals of the other Contracting Party who are allowed to work in connection with an investment in its territory; (e) amounts spent for the management of an investment in the territory of the other Contracting Party; (f) additional funds necessary for the maintenance or development of an existing investment; and (g) compensation pursuant to Articles 4 and 5. (2) The transfers shall be made in a freely convertible currency, without undue delay, at the exchange rate which is effective for the current transactions or determined in accordance with the official rate of exchange in force on the date of transfer.

Related to Repatriation of Funds

Repatriation and Transfer 1. Upon fulfillment of all tax obligations, each Contracting Party shall permit in good faith all transfers related to an investment to be made freely and without delay into and out of its territory. Such transfers include: (a) the initial capital and additional amounts to maintain or increase investment, (b) returns, (c) proceeds from the sale or liquidation of all or any part of an investment, (d) compensation pursuant to Article 6 and 7,
Repatriation 1. Each Contracting Party shall guarantee to nationals or companies of the other Contracting Party the free transfer, on a nondiscriminatory basis, of their capital and the returns from any investments. The transfers shall be made in a freely convertible currency, without any restriction or undue delay. Such transfers shall include in particular, though not exclusively: (a) profits, capital gains, dividends, royalties, interest and other current income accruing from an investment; (b) the proceeds of the total or partial liquidation of an investment; (c) repayments made pursuant to a loan agreement in connection with an investment; (d) license fees in relation to the matters in Article l(l)(d); (e) payments in respect of technical assistance, technical service and management fees; (f) payments in connection with contracting projects; (g) earnings of nationals of the other Contracting Party who work in connection with an investment in the territory of the former Contracting Party. 2. Nothing in paragraph 1 of this Article shall affect the free transfer of compensation paid under Articles 6 and 7 of this Agreement.
Retention of Funds Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
Application of Funds After the exercise of remedies provided for in Section 8.02 (or after the Loans have automatically become immediately due and payable and the L/C Obligations have automatically been required to be Cash Collateralized as set forth in the proviso to Section 8.02), any amounts received on account of the Obligations, subject to the provisions of Sections 2.13 and 2.14, shall be applied by the Administrative Agent in the following order: First, to payment of that portion of the Obligations constituting fees, indemnities, expenses and other amounts (including fees, charges and disbursements of counsel to the Administrative Agent and amounts payable under Article III) payable to the Administrative Agent in its capacity as such; Second, to payment of that portion of the Obligations constituting fees, indemnities and other amounts (other than principal, interest and Letter of Credit Fees) payable to the Lenders and the L/C Issuer (including fees, charges and disbursements of counsel to the respective Lenders and the L/C Issuer and amounts payable under Article III), ratably among them in proportion to the amounts described in this clause Second payable to them; Third, to payment of that portion of the Obligations constituting accrued and unpaid Letter of Credit Fees and interest on the Loans and L/C Borrowings, ratably among the Lenders and the L/C Issuer in proportion to the respective amounts described in this clause Third held by them; Fourth, to (a) payment of that portion of the Obligations constituting unpaid principal of the Loans and L/C Borrowings and (b) Cash Collateralize that portion of L/C Obligations comprised of the aggregate undrawn amount of Letters of Credit, ratably among the Lenders and the L/C Issuer in proportion to the respective amounts described in this clause Fourth held by them; and Last, the balance, if any, after all of the Obligations have been paid in full, to the Borrower or as otherwise required by Law. Subject to Section 2.03(c) and Section 2.13, amounts used to Cash Collateralize the aggregate undrawn amount of Letters of Credit pursuant to clause Fourth above shall be applied to satisfy drawings under such Letters of Credit as they occur. If any amount remains on deposit as Cash Collateral after all Letters of Credit have either been fully drawn or expired, such remaining amount shall be applied to the other Obligations, if any, in the order set forth above.
Allocation of Funds A. The Faculty Development Committee shall approve all applications for reassignment of duties that do not require additional funding and have been endorsed by the applicant’s Division. B. The Faculty Development Committee shall follow the guidelines established in consultation between the parties in deciding which applications for faculty development funding will be approved.
Appropriation of Funds Lessee intends to continue each Schedule to which it is a party for the Schedule Term and to pay the Rent and other amounts due hereunder. Lessee reasonably believes that legally available funds in an amount sufficient to pay all Rent during the Schedule Term can be obtained. Lessee further intends to act in good faith to do those things reasonably and lawfully within its power to obtain and maintain funds from which the Rent may be paid. Notwithstanding the foregoing, in the event sufficient funds are not appropriated to continue the Schedule Term for any fiscal period (as set forth on the Schedule) of Lessee beyond the fiscal period first in effect at the commencement of the Schedule Term, Lessee may terminate the Schedule with regard to those of the Assets on the Schedule so affected. Lessee shall endeavor to provide Lessor with written notice sixty (60) days prior to the end of its current Fiscal Period confirming which Assets on the Schedule will be so affected by the termination. All obligations of Lessee to make Rent Payments due with respect to those Assets after the end of the Fiscal Period for which such termination applies will cease, all interests of Lessee in those Assets will terminate, Lessee shall surrender those Assets in accordance with Section 15 (“Option to Extend; Surrender of Assets”) of this MOLA, and the applicable Schedule shall be deemed amended. Lessee represents and warrants it has adequate funds to meet its obligations during the first fiscal period of the Schedule Term. Lessor and Lessee intend that the obligation of Lessee to make Rent Payments under this MOLA shall constitute a current expense of Lessee and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by Lessee, nor shall anything contained herein constitute a pledge of the general revenues, funds or monies of Lessee or the State of Texas, as applicable, beyond the fiscal period for which sufficient funds have been appropriated to make Rent Payments hereunder.
Repatriation of Investment and Returns (1) Each Contracting Party shall permit all funds of an investor of the other Contracting Party related to an investment in its territory to be freely transferred, without unreasonable delay and on a nondiscriminatory basis. Such funds may include: (a) Capital and additional capital amounts used to maintain and increase investments; (b) Net operating profits including dividends and interest in proportion to their shareholdings; (c) Repayments of any loan including interest thereon, relating to the investment; (d) Payment of royalties and services fees relating to the investment; (e) Proceeds from sales of their shares; (f) Proceeds received by investors in case of sale or partial sale or liquidation; (g) The earnings of citizens/nationals of one Contracting Party who work in connection with investment in the territory of the other Contracting Party. (2) Nothing in paragraph (1) of this Article shall affect the transfer of any compensation under Article 6 of this Agreement. (3) Unless otherwise agreed to between the parties, currency transfer under paragraph (1) of this Article shall be permitted in the currency of the original Investment or any other convertible currency. Such transfer shall be made at the prevailing market rate of exchange on the date of transfer.
Collection of Funds Except as permitted under this Indenture, the Indenture Trustee may demand payment or delivery of, and will receive and collect, directly the funds and other property payable to or to be received by the Indenture Trustee under this Indenture and the Sale and Servicing Agreement. The Indenture Trustee will apply the funds and other property received by it, and will make deposits to, and distributions from, the Bank Accounts, under this Indenture and the Sale and Servicing Agreement.
Payment of Funds No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
Limitation of Funds In no case shall the Government’s financial liability exceed the amount obligated under this Agreement.

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