Repayment of the Advance. Grain 3.1 The Producer shall fully repay the amount of the Advance as specified on page 10 of the Application, including accumulated interest and any fees or costs charged to the Producer, to the Administrator by the end of the Production Period in accordance with the following: 3.1.a. where an Agricultural Product(s), in respect of which the Advance is made, is sold to a buyer named by the Administrator, by authorizing each buyer to withhold from such proceeds an amount in respect of each sold unit of Agricultural Product(s) and at the Advance Rate(s) in effect at the time the Advance was issued (page 9 of the Application), and to remit to the Administrator such amounts withheld until all the Advances made to the Producer and the interest payable by the Producer on those Advances are repaid; or 3.1.b. where the Producer otherwise sells or disposes of that portion of Agricultural Product(s) in respect of which the Advance is made, by paying directly to the Administrator for each unit of Agricultural Product(s) within thirty (30) calendar days of receipt of payment or within sixty (60) calendar days of delivery to the buyer, whichever is earlier, an amount at the Advance Rate(s) in effect at the time the Advance was issued (per Section 2.1 of the Application) until all the Advances made to the Producer and the interest payable by the Producer on those Advances are repaid. Each repayment should be supported by proof of sale; i. Notwithstanding Paragraph 3.1.b of the Terms and Conditions above, where the Producer enters into a basis contract(s) on the Agricultural Product(s), the requirement to pay the Administrator within sixty (60) calendar days of delivery to the buyer shall be extended to ninety (90) calendar days where: the Producer will not receive payment at the time of delivery, the Producer provides a copy of the basis contract(s) to the Administrator, and the Producer provides proof of sale with the repayment; or 3.1.c. where the Producer has assigned or otherwise agreed to transfer, payments from an Eligible BRM Program listed on page 9 of the Application, as applicable, the Producer agrees that that these payments will be applied by the Administrator, within five
Appears in 3 contracts
Samples: Advance Payments Program Application, Advance Payments Program Application, Advance Payments Program Application
Repayment of the Advance. Grain
3.1 3.1.1 The Producer shall fully repay the amount of the Advance advance as specified on page 10 of the Application, including accumulated interest and any fees or costs charged to the Producer, in this Repayment Agreement to the Administrator by the end of the Production Period in accordance with the followingPeriod:
3.1.a. a) where an Agricultural Product(s), Product in respect of which the Advance advance is made, made is sold to a buyer Buyer named by the Administrator, by authorizing each buyer to withhold from such proceeds an amount proceeds, in respect of each sold unit of Agricultural Product(s) and Product, an amount at the Advance Rate(s) advance rate in effect at the time the Advance was issued (page 9 of the Application)issuance, and to remit to the Administrator such amounts withheld until all the Advances advances made to the Producer and the interest payable by the Producer on those Advances advances are repaid; or;
3.1.b. b) where the Producer otherwise sells or disposes of that portion of Agricultural Product(s) Product in respect of which the Advance advance is made, by paying directly to the Administrator for each unit of Agricultural Product(s) Product within thirty (30) calendar days of receipt of payment or within sixty (60) calendar days of delivery to the buyer, Buyer whichever is earlier, an amount at the Advance Rate(s) advance rate in effect at the time the Advance was issued (per Section 2.1 of the Application) issuance until all the Advances advances made to the Producer and the interest payable by the Producer on those Advances advances are repaid, as well as providing the proof of sale documentation of that agricultural product no later than the end of the production period;
c) where an Agricultural Product in respect of which the advance is made is sold, the Producer is required to provide proof of sale documentation no later than the end of the production period; however, proof of sale documentation is not required for repayments made from the beginning of the production period to January 31, 2018.
d) by assigning to the Administrator amounts payable to the Producer under an eligible BRM program which the Administrator will apply to repay the advance within five (5) calendar days of receipt of such amounts until all the advances made to the Producer and the interest payable by the Producer on those advances are repaid. Each The Administrator will reimburse any amount received from a BRM program in excess of the outstanding advance to the producer within seven (7) calendar days of receipt.
3.1.2 In addition to the mandatory payments and requirements under paragraphs 3.1.1.a), 3.1.1.b) 3.1.1.c), and 3.1.1 d) above, the Producer may choose to reimburse the advance:
a) by making a repayment should without proof of sale up to the greater of $10,000 or ten percent (10%) of the total amount of the advance. If the Producer chooses to repay in cash an amount in excess of such amounts without proof of sale of the Product, the Producer will be supported charged an interest penalty at the rate of BMO Prime plus 1%, on the excess amount from the day the advance was issued to the day the repayment was made. The producer has thirty (30) days to repay the interest.
b) by paying directly to the Administrator any amount received by the Producer under an eligible BRM program before the end of the production period or by assigning to the Administrator amounts payable under a listed BRM program.
c) by paying directly to the Administrator any amount received by the Producer, not exceeding the proceeds evidenced by proof of sale;
i. Notwithstanding Paragraph 3.1.b of the Terms and Conditions above, where applicable.
d) Notwithstanding subclause 3.2.1a of this Agreement, a repayment without proof that the Agricultural Product has been sold can be made if the Administrator is satisfied that the Agricultural Product in respect of which the Advance has been made has not been disposed of by the Producer enters into a basis contract(s) on the Agricultural Product(s), the requirement to pay the Administrator within sixty (60) calendar days of delivery to the buyer shall be extended to ninety (90) calendar days where: the Producer will not receive payment at the time of deliverythe repayment. As such, a third party verification will need to be provided or an inspection will be conducted, and may be at the expense of the Producer. E Notwithstanding subclause 3.2.1a of this Agreement, a repayment without proof that the Agricultural Product has been sold can be made to repay an Advance taken on the Agricultural products listed in the attached schedule from the beginning of the Production Period until January 31, 2018.
3.1.3 In the event that the Producer repays the amount of the advance to the Administrator by selling the Agricultural Product or part of the Agricultural Product in the manner described in paragraph 3.1.
1 a) of these Terms and Conditions, the Producer provides a copy of the basis contract(sshall:
a) indicate in writing to the AdministratorAdministrator to which buyer, and the Producer provides proof of sale with the repayment; or
3.1.c. where the Producer has assigned or otherwise agreed to transfer, payments from an Eligible BRM Program listed on page 9 of the Application, as applicable, the Producer agrees that that these payments will be applied named by the Administrator, within fivethe Agricultural Product will be sold, prior to selling the said product to such buyer; and
b) notify the Administrator immediately upon receiving any information to the effect that the named buyer is not promptly remitting to the Administrator the amount so withheld; and
c) remain liable to the Administrator for repayment of any part of the advance where the said buyer has failed to remit to the Administrator that part of the advance withheld by it pursuant to its agreement with the Administrator.
d) The Producer agrees that the full amount of repayments received by the Administrator will be applied to the portion of the Advance on which the Minister pays the interest, before the portion of the advance on which the Producer pays the interest.
Appears in 1 contract
Samples: Advance Payments Program Application
Repayment of the Advance. GrainField Crops & Honey
3.1 3.1.1 The Producer shall fully repay the amount of the Advance advance as specified on page 10 of the Application, including accumulated interest and any fees or costs charged to the Producer, in this Repayment Agreement to the Administrator by as the Agricultural Products listed on the Advance are sold, and, within the earlier of thirty (30) calendar days of receipt of payment and sixty (60) calendar days of delivery to the buyer but no later than the end of the applicable Production Period in accordance with the following:
3.1.aPeriod. where an Agricultural Product(s), in respect of which The minimum repayment amount is calculated by multiplying the Advance is made, is sold to a buyer named by the Administrator, by authorizing each buyer to withhold from such proceeds an amount in respect of each sold unit of Agricultural Product(s) and at the Advance Rate(s) Rate in effect at the time the Advance advance was issued (page 9 by the number of Production Units sold. Repayment can be made with one, or a combination, of the Application), following:
a) where the Producer sells Agricultural Product for which the advance was made to a buyer and to requests that the buyer remit a repayment to the Administrator such amounts withheld by withholding from any amount they pay to the Producer for each unit of Agricultural Product, until all the Advances advances made to the Producer and the interest payable by the Producer on those Advances advances are repaid; or. The producer shall remain liable to the Administrator for repayment of any part of the advance where the buyer has failed to remit to the Administrator that part of the advance withheld by it pursuant to its Agreement with the Administrator.
3.1.b. b) where the Producer otherwise sells or disposes of that portion of Agricultural Product(s) in respect of Product for which the Advance is made, by paying advance was made and pays directly to the Administrator for each unit of Agricultural Product(s) within thirty (30) calendar days of receipt of payment or within sixty (60) calendar days of delivery to the buyerProduct, whichever is earlier, an amount at the Advance Rate(s) in effect at the time the Advance was issued (per Section 2.1 of the Application) until all the Advances advances made to the Producer and the interest payable by the Producer on those Advances advances are repaid. Each repayment should be supported by proof of sale;.
i. Notwithstanding Paragraph 3.1.b of the Terms and Conditions above, where the Producer enters into a basis contract(sc) on the Agricultural Product(s), the requirement to pay the Administrator within sixty (60) calendar days of delivery to the buyer shall be extended to ninety (90) calendar days where: the Producer will not receive payment at the time of delivery, the Producer provides a copy of the basis contract(s) to the Administrator, and the Producer provides proof of sale with the repayment; or
3.1.c. where the Producer has assigned assigned, or otherwise agreed to transfer, by way of the Repayment Agreement, potential payments from an Eligible one or more BRM Program listed on page 9 of Programs, to the Application, as applicableAdministrator, the Producer agrees that that these payments will must be applied used to repay the amount of outstanding advance minus the value of remaining Agricultural Product directly by the AdministratorBRM Administrator or within five (5) calendar days of receipt of such amounts by the Producer. The Administrator will reimburse any amount received from a BRM Program in excess of the outstanding advance to the Producer within seven (7) calendar days of receipt of the payment.
3.1.2 The Producer is required to provide proof of sale documentation no later than the end of the Production Period; however, within fiveproof of sale documentation is not required for field crops and honey repayments made from the beginning of the Production Period to January 31, 2019.
Appears in 1 contract
Samples: Advance Payments Program Application and Repayment Agreement
Repayment of the Advance. Grain
3.1 The Producer shall fully repay the amount of the Advance issued to the Producer as specified on page 10 in Sections 2.4 (a to f) of the Application, including accumulated interest and any costs/fees or costs charged to the Producer, to the Administrator by the end of the Production Period in accordance with the following:
3.1.a3.1. a. where an Agricultural Product(s), in respect of which the Advance is made, is sold to a buyer named by the Administrator, by authorizing each buyer to withhold from such proceeds an amount in respect of each sold unit of Agricultural Product(s) and at the Advance Rate(s) in effect at the time the Advance was issued (page 9 per Section 2.1 (A to F) of the Application), and to remit to the Administrator such amounts withheld until all the Advances made to the Producer and the interest payable by the Producer on those Advances are repaid; or
3.1.b3.1. b. where the Producer otherwise sells or disposes of that portion of Agricultural Product(s) in respect of which the Advance is made, by paying directly to the Administrator for each unit of Agricultural Product(s) Product within thirty (30) calendar days of receipt of payment or within sixty (60) calendar days of delivery to the buyer, whichever is earlier, an amount at the Advance Rate(s) in effect at the time the Advance was issued (per Section section 2.1 (A to F) of the Application) until all the Advances made to the Producer and the interest payable by the Producer on those Advances are repaid. Each repayment should be supported by proof of sale;; or
i. Notwithstanding Paragraph 3.1.b of the Terms and Conditions above3.1. c. For a Continuous Flow Advance, where the Producer enters into a basis contract(s) on otherwise sells or disposes of that portion of Agricultural Product in respect of which the Agricultural Product(s)Advance is made, the requirement by paying directly to pay the Administrator for each unit of Agricultural Product within sixty twelve (6012) calendar days months from the date the Advance was made but no later than the end of delivery to the buyer shall be extended to ninety (90Production Period, an amount at no less than the Advance Rate(s) calendar days where: the Producer will not receive payment in effect at the time the Advance was issued (per section 2.1 (A) of delivery, the Application) until all the Advances made to the Producer provides a copy of the basis contract(s) to the Administrator, and the interest payable by the Producer provides on those Advances are repaid. The total repayment should be supported by proof of sale with the repaymentsale; or
3.1.c3.1. d. where the Producer has assigned or otherwise agreed to transfer, payments from an Eligible BRM Program listed on page 9 of LPI to the Application, as applicableAdministrator, the Producer agrees that that these payments will be applied by the Administrator, within fivefive (5) calendar days of receipt, until the amount of the outstanding Advance and the interest payable by the Producer is repaid. The Administrator will reimburse any amount received from LPI in excess of the outstanding Advance to the Producer within seven (7) calendar days of receipt.
Appears in 1 contract
Samples: Advance Payments Program (App) Application & Repayment Agreement
Repayment of the Advance. Grain3.1 Repayment of the Advance - Field Crops & Honey
3.1 3.1.1 The Producer shall fully repay the amount of the Advance advance as specified on page 10 of the Application, including accumulated interest and any fees or costs charged to the Producer, in this Repayment Agreement to the Administrator by as the Agricultural Products listed on the Advance are sold, and within thirty (30) calendar days of receipt of payment for their agricultural product, but no later than the end of the applicable Production Period in accordance with the following:
3.1.aPeriod. where an Agricultural Product(s), in respect of which The minimum repayment amount is calculated by multiplying the Advance is made, is sold to a buyer named by the Administrator, by authorizing each buyer to withhold from such proceeds an amount in respect of each sold unit of Agricultural Product(s) and at the Advance Rate(s) Rate in effect at the time the Advance advance was issued (page 9 by the number of production units sold. Repayment can be made with one, or a combination, of the Application), following:
a) where the Producer sells Agricultural Product for which the advance was made to a buyer and to requests that the buyer remit a repayment to the Administrator such amounts withheld by withholding from any amount they pay to the Producer for each unit of Agricultural Product, until all the Advances advances made to the Producer and the interest payable by the Producer on those Advances advances are repaid; or. The producer shall remain liable to the Administrator for repayment of any part of the advance where the buyer has failed to remit to the Administrator that part of the advance withheld by it pursuant to its Agreement with the Administrator.
3.1.b. b) where the Producer otherwise sells or disposes of that portion of Agricultural Product(s) in respect of Product for which the Advance is made, by paying advance was made and pays directly to the Administrator for each unit of Agricultural Product(s) within thirty (30) calendar days of receipt of payment or within sixty (60) calendar days of delivery to the buyerProduct, whichever is earlier, an amount at the Advance Rate(s) in effect at the time the Advance was issued (per Section 2.1 of the Application) until all the Advances advances made to the Producer and the interest payable by the Producer on those Advances advances are repaid. Each repayment should be supported by proof of sale;.
i. Notwithstanding Paragraph 3.1.b of the Terms and Conditions above, where the Producer enters into a basis contract(sc) on the Agricultural Product(s), the requirement to pay the Administrator within sixty (60) calendar days of delivery to the buyer shall be extended to ninety (90) calendar days where: the Producer will not receive payment at the time of delivery, the Producer provides a copy of the basis contract(s) to the Administrator, and the Producer provides proof of sale with the repayment; or
3.1.c. where the Producer has assigned assigned, or otherwise agreed to transfer, by way of the Repayment Agreement, potential payments from an Eligible one or more BRM Program listed on page 9 of Programs, to the Application, as applicableAdministrator, the Producer agrees that that these payments must be used to repay the amount of outstanding advance minus the value of remaining Agricultural Product directly by the BRM Administrator or within five (5) calendar days of receipt of such amounts by the Producer before the end of the applicable Production Period. The Administrator will reimburse any amount received from a BRM Program in excess of the outstanding advance to the Producer within seven (7) calendar days of receipt of the payment.
3.1.2 The Producer is required to provide proof of sale documentation no later than the end of the Production Period; however, proof of sale documentation is not required for field crops and honey repayments made from the beginning of the Production Period to January 31, 2025.
3.2 Repayment of the Advance - Livestock (Non-Continuous Flow and Continuous Flow)
3.2.1 Non-Continuous Flow Livestock advance amounts, as specified in this Repayment Agreement, are required to be applied repaid directly to the Administrator as the Agricultural Products listed on the Advance are sold, and within thirty (30) calendar days of receipt of payment, but no later than the end of the applicable Production Period. The minimum repayment amount is calculated by multiplying the Advance Rate in effect at the time the advance was issued by the number of production units sold. Repayments are required until all the advances made to the Producer and the interest payable by the Producer on those advances are repaid.
3.2.2 Continuous Flow Livestock advance amounts, as specified in this Repayment Agreement, are required to be repaid within the twelve (12) month period from the date the advance was issued and cannot extend beyond the end of the applicable Production Period, by paying directly to the Administrator, within fivefor each unit of Agricultural Product sold, an amount at, at least the Advance Rate in effect at the time the advance was issued, until all the advances made to the Producer and the interest payable by the Producer on those advances are repaid.
3.2.3 Where an Agricultural Product in respect of which the Livestock advance is made is sold or disposed of, the Producer is required to provide proof of sale or disposal documentation no later than the end of the applicable Production Period.
Appears in 1 contract
Samples: Advance Payments Program Application and Repayment Agreement
Repayment of the Advance. Grain
3.1 3.1.1 The Producer shall fully repay the amount of the Advance advance as specified on page 10 of the Application, including accumulated interest and any fees or costs charged to the Producer, in this Repayment Agreement to the Administrator by the end of the Production Period in accordance with the followingPeriod:
3.1.a. a) where an Agricultural Product(s), Product in respect of which the Advance advance is made, made is sold to a buyer Buyer named by the Administrator, by authorizing each buyer to withhold from such proceeds an amount proceeds, in respect of each sold unit of Agricultural Product(s) and Product, an amount at the Advance Rate(s) advance rate in effect at the time the Advance was issued (page 9 of the Application)issuance, and to remit to the Administrator such amounts withheld until all the Advances advances made to the Producer and the interest payable by the Producer on those Advances advances are repaid; or;
3.1.b. b) where the Producer otherwise sells or disposes of that portion of Agricultural Product(s) Product in respect of which the Advance advance is made, by paying directly to the Administrator for each unit of Agricultural Product(s) Product within thirty (30) calendar days of receipt of payment or within sixty (60) calendar days of delivery to the buyer, Buyer whichever is earlier, an amount at the Advance Rate(s) advance rate in effect at the time the Advance was issued (per Section 2.1 of the Application) issuance until all the Advances advances made to the Producer and the interest payable by the Producer on those Advances advances are repaid, as well as providing the proof of sale documentation of that agricultural product no later than the end of the production period;
c) where an Agricultural Product in respect of which the advance is made is sold, the Producer is required to provide proof of sale documentation no later than the end of the production period; however, proof of sale documentation is not required for repayments made from the beginning of the production period to January 31, 2020.
d) by assigning to the Administrator amounts payable to the Producer under an eligible BRM program which the Administrator will apply to repay the advance within five (5) calendar days of receipt of such amounts until all the advances made to the Producer and the interest payable by the Producer on those advances are repaid. Each The Administrator will reimburse any amount received from a BRM program in excess of the outstanding advance to the producer within seven (7) calendar days of receipt.
3.1.2 In addition to the mandatory payments and requirements under paragraphs 3.1.1.a), 3.1.1.b) 3.1.1.c), and 3.1.1 d) above, the Producer may choose to reimburse the advance:
a) by making a repayment should without proof of sale up to the greater of $10,000 or ten percent (10%) of the total amount of the advance. If the Producer chooses to repay in cash an amount in excess of such amounts without proof of sale of the Product, the Producer will be supported charged an interest penalty at the rate of BMO Prime plus 1%, on the excess amount from the day the advance was issued to the day the repayment was made. The producer has thirty (30) days to repay the interest.
b) by paying directly to the Administrator any amount received by the Producer under an eligible BRM program before the end of the production period or by assigning to the Administrator amounts payable under a listed BRM program.
c) by paying directly to the Administrator any amount received by the Producer, not exceeding the proceeds evidenced by proof of sale;
i. Notwithstanding Paragraph 3.1.b of the Terms and Conditions above, where applicable.
d) Notwithstanding subclause 3.2.1a of this Agreement, a repayment without proof that the Agricultural Product has been sold can be made if the Administrator is satisfied that the Agricultural Product in respect of which the Advance has been made has not been disposed of by the Producer enters into a basis contract(s) on the Agricultural Product(s), the requirement to pay the Administrator within sixty (60) calendar days of delivery to the buyer shall be extended to ninety (90) calendar days where: the Producer will not receive payment at the time of deliverythe repayment. As such, a third party verification will need to be provided or an inspection will be conducted, and may be at the expense of the Producer. E Notwithstanding subclause 3.2.1a of this Agreement, a repayment without proof that the Agricultural Product has been sold can be made to repay an Advance taken on the Agricultural products listed in the attached schedule from the beginning of the Production Period until January 31, 2020.
3.1.3 In the event that the Producer repays the amount of the advance to the Administrator by selling the Agricultural Product or part of the Agricultural Product in the manner described in paragraph 3.1.
1 a) of these Terms and Conditions, the Producer provides a copy of the basis contract(sshall:
a) indicate in writing to the AdministratorAdministrator to which buyer, and the Producer provides proof of sale with the repayment; or
3.1.c. where the Producer has assigned or otherwise agreed to transfer, payments from an Eligible BRM Program listed on page 9 of the Application, as applicable, the Producer agrees that that these payments will be applied named by the Administrator, within fivethe Agricultural Product will be sold, prior to selling the said product to such buyer; and
b) notify the Administrator immediately upon receiving any information to the effect that the named buyer is not promptly remitting to the Administrator the amount so withheld; and
c) remain liable to the Administrator for repayment of any part of the advance where the said buyer has failed to remit to the Administrator that part of the advance withheld by it pursuant to its agreement with the Administrator.
d) The Producer agrees that the full amount of repayments received by the Administrator will be applied to the portion of the Advance on which the Minister pays the interest, before the portion of the advance on which the Producer pays the interest.
Appears in 1 contract
Samples: Advance Payments Program Application
Repayment of the Advance. GrainLivestock
3.1 3.2.1 The Producer shall fully repay the amount of the Advance advance as specified on page 10 of the Application, including accumulated interest and any fees or costs charged to the Producer, to the Administrator in this Repayment Agreement by the end of the Production Period in accordance with the following:
3.1.a. where an Agricultural Product(s), in respect of which the Advance is made, is sold to a buyer named by the Administrator, by authorizing each buyer to withhold from such proceeds an amount in respect of each sold unit of Agricultural Product(s) and at the Advance Rate(s) in effect at the time the Advance was issued (page 9 of the Application), and to remit to the Administrator such amounts withheld until all the Advances made to the Producer and the interest payable by the Producer on those Advances are repaid; or
3.1.b. where the Producer otherwise sells or disposes of that portion of Agricultural Product(s) in respect of which the Advance is made, by paying directly to the Administrator for each unit of Agricultural Product(s) Product within thirty (30) calendar days of receipt of payment or within sixty (60) calendar days of delivery to the buyer, a Buyer whichever is earlier, an amount at the Advance Rate(s) advance rate in effect at the time the Advance was issued (per Section 2.1 of the Application) issuance until all the Advances advances made to the Producer and the interest payable by the Producer on those Advances advances are repaid.
3.2.2 In addition to the mandatory payments under paragraph 3.2.1 above, the Producer may choose to reimburse the advance:
a) by making a repayment without proof of sale up to the greater of $1,000 or ten percent (10%) of the total amount of the advance. If the Producer chooses to repay an amount in excess of such amounts without proof of sale of the Product, the Producer will be charged an interest penalty at the rate of BMO Prime plus 1%, on the excess amount from the day the advance was issued to the day the repayment was made.
b) by paying directly to the Administrator any amount received by the Producer under an eligible BRM Program before the end of the production period.
c) by paying directly to the Administrator any amount received by the Producer, not exceeding the proceeds evidenced by the proof of sale, where applicable.
d) proof of sale for the agricultural products for which these advances were received must be provided no later than the end of the production period.
e) by making a repayment without proof of sale if the producer is able to provide verification that the agricultural product on which the advance was issued remains under the producer’s control and has not been sold. Verification is required to be provided in advance of the repayment and all costs associated with the verification are the responsibility of the producer.
3.2.3 For a Continuous Flow Advance, where the Producer otherwise sells or disposes of that portion of Agricultural Product in respect of which the advance is made, by paying directly to the Administrator for each unit of Agricultural Product within twelve (12) months from the date the advance was made but no later than the end of the Production Period, an amount at least the advance rate in effect at the time the advance was issued until all the advances made to the Producer and the interest payable by the Producer on those advances are repaid. Each The total repayment should be supported by proof of sale;
i. Notwithstanding Paragraph 3.1.b of the Terms and Conditions above, where the Producer enters into a basis contract(s) on the Agricultural Product(s), the requirement to pay the Administrator within sixty (60) calendar days of delivery to the buyer shall be extended to ninety (90) calendar days where: the Producer will not receive payment at the time of delivery, the Producer provides a copy of the basis contract(s) to the Administrator, and the Producer provides proof of sale with the repayment; or
3.1.c. where the Producer has assigned or otherwise agreed to transfer, payments from an Eligible BRM Program listed on page 9 of the Application, as applicable, the Producer agrees that that these payments will be applied by the Administrator, within five.
Appears in 1 contract
Samples: Advance Payments Program Application
Repayment of the Advance. GrainField Crops & Honey
3.1 3.1.1 The Producer shall fully repay the amount of the Advance advance as specified on page 10 of the Application, including accumulated interest and any fees or costs charged to the Producer, in this Repayment Agreement to the Administrator by as the Agricultural Products listed on the Advance are sold, and, within the earlier of thirty (30) calendar days of receipt of payment and sixty (60) calendar days of delivery to the buyer but no later than the end of the applicable Production Period in accordance with the following:
3.1.aPeriod. where an Agricultural Product(s), in respect of which The minimum repayment amount is calculated by multiplying the Advance is made, is sold to a buyer named by the Administrator, by authorizing each buyer to withhold from such proceeds an amount in respect of each sold unit of Agricultural Product(s) and at the Advance Rate(s) Rate in effect at the time the Advance advance was issued (page 9 by the number of production units sold. Repayment can be made with one, or a combination, of the Application), following:
a) where the Producer sells Agricultural Product for which the advance was made to a buyer and to requests that the buyer remit a repayment to the Administrator such amounts withheld by withholding from any amount they pay to the Producer for each unit of Agricultural Product, until all the Advances advances made to the Producer and the interest payable by the Producer on those Advances advances are repaid; or. The producer shall remain liable to the Administrator for repayment of any part of the advance where the buyer has failed to remit to the Administrator that part of the advance withheld by it pursuant to its Agreement with the Administrator.
3.1.b. b) where the Producer otherwise sells or disposes of that portion of Agricultural Product(s) in respect of Product for which the Advance is made, by paying advance was made and pays directly to the Administrator for each unit of Agricultural Product(s) within thirty (30) calendar days of receipt of payment or within sixty (60) calendar days of delivery to the buyerProduct, whichever is earlier, an amount at the Advance Rate(s) in effect at the time the Advance was issued (per Section 2.1 of the Application) until all the Advances advances made to the Producer and the interest payable by the Producer on those Advances advances are repaid. Each repayment should be supported by proof of sale;.
i. Notwithstanding Paragraph 3.1.b of the Terms and Conditions above, where the Producer enters into a basis contract(sc) on the Agricultural Product(s), the requirement to pay the Administrator within sixty (60) calendar days of delivery to the buyer shall be extended to ninety (90) calendar days where: the Producer will not receive payment at the time of delivery, the Producer provides a copy of the basis contract(s) to the Administrator, and the Producer provides proof of sale with the repayment; or
3.1.c. where the Producer has assigned assigned, or otherwise agreed to transfer, by way of the Repayment Agreement, potential payments from an Eligible one or more BRM Program listed on page 9 of Programs, to the Application, as applicableAdministrator, the Producer agrees that that these payments will must be applied used to repay the amount of outstanding advance minus the value of remaining Agricultural Product directly by the AdministratorBRM Administrator or within five (5) calendar days of receipt of such amounts by the Producer before the end of the applicable Production Period. The Administrator will reimburse any amount received from a BRM Program in excess of the outstanding advance to the Producer within seven (7) calendar days of receipt of the payment.
3.1.2 The Producer is required to provide proof of sale documentation no later than the end of the Production Period; however, within fiveproof of sale documentation is not required for field crops and honey repayments made from the beginning of the Production Period to January 31, 2019. Terms & Conditions of the Repayment Agreement TERMS & CONDITIONS OF THE REPAYMENT AGREEMENT Cont’d
Appears in 1 contract
Samples: Advance Payments Program Application and Repayment Agreement
Repayment of the Advance. Grain
3.1 The Producer shall fully repay the amount of the Advance eligible advance as specified on page 10 of the Application, including accumulated interest and any fees or costs charged to the Producer, in this Repayment Agreement to the Administrator by the end of the Production Period in accordance with the followingProgram Year:
3.1.a. where an Agricultural Product(s), in respect of which the Advance is made, is sold to a buyer named by the Administrator, by authorizing each buyer to withhold from such proceeds an amount in respect of each sold unit of Agricultural Product(sa) and at the Advance Rate(s) in effect at the time the Advance was issued (page 9 of the Application), and to remit to the Administrator such amounts withheld until all the Advances made to the Producer and the interest payable by the Producer on those Advances are repaid; or
3.1.b. where the Producer otherwise sells or disposes of that portion of Agricultural Product(s) Product in respect of which the Advance advance is made, by paying directly to the Administrator for each unit of Agricultural Product(s) Product within thirty (30) calendar days of receipt of payment or within sixty (60) calendar days of delivery to the buyerBuyer, whichever is earlier, an amount at the Advance Rate(s) rate in effect at the time of repayment accompanied by corresponding receipts (in the Advance was issued (per Section 2.1 of name that is on the Application) advance), until all the Advances made to the Producer and the interest payable by the Producer and any fees charged, on those Advances are repaid in full.
b) by assigning to the Administrator amounts payable to the Producer under an eligible BRM program which the Administrator will apply to repay the advance within three (3) days of receipt of such amounts until all the advances made to the Producer and the interest payable by the Producer on those Advances are repaid. Each The Administrator will reimburse any amount received from a BRM program in excess of the outstanding advance to the producer within seven (7) days of receipt.
c) the Producer agrees that the full amount of repayments received by the Administrator will be applied to the portion of the advance on which the Minister pays the interest, before the portion of the advance on which the Producer pays the interest.
3.2 In addition to the mandatory payments under paragraphs 3.1.a, or 3.1.b above, the Producer may choose to reimburse the Advance:
a) by making a cash payment without proof of sale on (Int. Free & Int. Bearing Advances) prior to or on the last day of the Program Year up to the greater of $10,000 or ten percent (10%) of the total amount of the Advance(s). If the Producer chooses to repay in cash an amount in excess of such amounts without proof of sale of the Product, the Producer will be charged interest at the rate of Prime, on the excess amount from the day the advance(s) were issued to the date of repayment. This repayment should must be supported made within twenty-one (21) days of the end of the production period.
b) by paying directly to the Administrator any amount received by the Producer under an eligible BRM program.
c) by paying directly to the Administrator any amount received by the Producer, not exceeding the proceeds evidenced by proof of sale;.
i. d) Notwithstanding Paragraph 3.1.b sub clause 3.2a of the Terms and Conditions aboveAgreement, where a repayment without proof that the Agricultural Product has been sold can be made from the beginning of the Production Period until January 29 , 2021. A repayment can be made without proof that the Agricultural Product has been sold, if the Administrator is satisfied that the Agricultural Product in respect of which the Advance has been made has not been disposed of by the Producer enters into a basis contract(s) on the Agricultural Product(s), the requirement to pay the Administrator within sixty (60) calendar days of delivery to the buyer shall be extended to ninety (90) calendar days where: the Producer will not receive payment at the time of deliverythe repayment. As such, third party verification will need to be provided or an inspection will be conducted, and will be at the expense of the producer.
e) If a Producer becomes Deceased (a copy of Death Certificate/ Obituary) or Incapacitated (copy of Power of Attorney), repayment can be made without proof that the Agricultural Product has been sold.
3.3 In the event that the Producer repays the amount of the Advance to the Administrator by selling the Agricultural Product or part of the Agricultural Product in the manner described in paragraph 3.1a of this Terms and Conditions, the Producer provides a copy of the basis contract(sshall:
a) Indicate in writing to the AdministratorAdministrator to which buyer, and the Producer provides proof of sale with the repayment; or
3.1.c. where the Producer has assigned or otherwise agreed to transfer, payments from an Eligible BRM Program listed on page 9 of the Application, as applicable, the Producer agrees that that these payments will be applied named by the Administrator, within fivethe Agricultural Product will be sold, prior to selling the said product to such buyer, and
b) Notify the Administrator Immediately upon receiving any information to the effect that the named buyer is not promptly remitting to the Administrator the amount so withheld, and
c) Remain liable to the administrator for repayment of any part of the Advance where the said buyer has failed to remit to the Administrator that part of the Advance withheld by it pursuant to its Agreement with the Administrator.
Appears in 1 contract
Samples: Advance Payments Program Application & Repayment Agreement
Repayment of the Advance. Grain
3.1 The Producer shall fully repay the amount of the Advance eligible advance as specified on page 10 of the Application, including accumulated interest and any fees or costs charged to the Producer, in this Repayment Agreement to the Administrator by the end of the Production Period in accordance with the followingProgram Year:
3.1.a. where an Agricultural Product(s), in respect of which the Advance is made, is sold to a buyer named by the Administrator, by authorizing each buyer to withhold from such proceeds an amount in respect of each sold unit of Agricultural Product(sa) and at the Advance Rate(s) in effect at the time the Advance was issued (page 9 of the Application), and to remit to the Administrator such amounts withheld until all the Advances made to the Producer and the interest payable by the Producer on those Advances are repaid; or
3.1.b. where the Producer otherwise sells or disposes of that portion of Agricultural Product(s) Product in respect of which the Advance advance is made, by paying directly to the Administrator for each unit of Agricultural Product(s) Product within thirty (30) calendar days of receipt of payment or within sixty (60) calendar days of delivery to the buyerBuyer, whichever is earlier, an amount at the Advance Rate(s) rate in effect at the time of repayment accompanied by corresponding receipts (in the Advance was issued (per Section 2.1 of name that is on the Application) advance), until all the Advances made to the Producer and the interest payable by the Producer and any fees charged, on those Advances are repaid in full.
b) by assigning to the Administrator amounts payable to the Producer under an eligible BRM program which the Administrator will apply to repay the advance within three (3) days of receipt of such amounts until all the advances made to the Producer and the interest payable by the Producer on those Advances are repaid. Each The Administrator will reimburse any amount received from a BRM program in excess of the outstanding advance to the producer within seven (7) days of receipt.
c) the Producer agrees that the full amount of repayments received by the Administrator will be applied to the portion of the advance on which the Minister pays the interest, before the portion of the advance on which the Producer pays the interest.
3.2 In addition to the mandatory payments under paragraphs 3.1.a, or 3.1.b above, the Producer may choose to reimburse the Advance:
a) by making a cash payment without proof of sale on (Int. Free & Int. Bearing Advances) prior to or on the last day of the Program Year up to the greater of $10,000 or ten percent (10%) of the total amount of the Advance(s). If the Producer chooses to repay in cash an amount in excess of such amounts without proof of sale of the Product, the Producer will be charged interest at the rate of Prime, on the excess amount from the day the advance(s) were issued to the date of repayment. This repayment should must be supported made within twenty-one (21) days of the end of the production period.
b) by paying directly to the Administrator any amount received by the Producer under an eligible BRM program.
c) by paying directly to the Administrator any amount received by the Producer, not exceeding the proceeds evidenced by proof of sale;.
i. d) Notwithstanding Paragraph 3.1.b sub clause 3.2a of the Terms and Conditions aboveAgreement, where a repayment without proof that the Agricultural Product has been sold can be made from the beginning of the Production Period until January 31 , 2022. A repayment can be made without proof that the Agricultural Product has been sold, if the Administrator is satisfied that the Agricultural Product in respect of which the Advance has been made has not been disposed of by the Producer enters into a basis contract(s) on the Agricultural Product(s), the requirement to pay the Administrator within sixty (60) calendar days of delivery to the buyer shall be extended to ninety (90) calendar days where: the Producer will not receive payment at the time of deliverythe repayment. As such, third party verification will need to be provided or an inspection will be conducted, and will be at the expense of the producer.
e) If a Producer becomes Deceased (a copy of Death Certificate/ Obituary) or Incapacitated (copy of Power of Attorney), repayment can be made without proof that the Agricultural Product has been sold.
3.3 In the event that the Producer repays the amount of the Advance to the Administrator by selling the Agricultural Product or part of the Agricultural Product in the manner described in paragraph 3.1a of this Terms and Conditions, the Producer provides a copy of the basis contract(sshall:
a) Indicate in writing to the AdministratorAdministrator to which buyer, and the Producer provides proof of sale with the repayment; or
3.1.c. where the Producer has assigned or otherwise agreed to transfer, payments from an Eligible BRM Program listed on page 9 of the Application, as applicable, the Producer agrees that that these payments will be applied named by the Administrator, within fivethe Agricultural Product will be sold, prior to selling the said product to such buyer, and
b) Notify the Administrator Immediately upon receiving any information to the effect that the named buyer is not promptly remitting to the Administrator the amount so withheld, and
Appears in 1 contract
Samples: Advance Payments Program Application & Repayment Agreement
Repayment of the Advance. Grain
3.1 3.1.1 The Producer shall fully repay the amount of the Advance advance as specified on page 10 of the Application, including accumulated interest and any fees or costs charged to the Producer, in this Repayment Agreement to the Administrator by the end of the Production Period in accordance with the followingPeriod:
3.1.a. a) where an Agricultural Product(s), Product in respect of which the Advance advance is made, made is sold to a buyer Buyer named by the Administrator, by authorizing each buyer to withhold from such proceeds an amount proceeds, in respect of each sold unit of Agricultural Product(s) and Product, an amount at the Advance Rate(s) advance rate in effect at the time the Advance was issued (page 9 of the Application)issuance, and to remit to the Administrator such amounts withheld until all the Advances advances made to the Producer and the interest payable by the Producer on those Advances advances are repaid; or;
3.1.b. b) where the Producer otherwise sells or disposes of that portion of Agricultural Product(s) Product in respect of which the Advance advance is made, by paying directly to the Administrator for each unit of Agricultural Product(s) Product within thirty (30) calendar days of receipt of payment or within sixty (60) calendar days of delivery to the buyer, Buyer whichever is earlier, an amount at the Advance Rate(s) advance rate in effect at the time the Advance was issued (per Section 2.1 of the Application) issuance until all the Advances advances made to the Producer and the interest payable by the Producer on those Advances advances are repaid, as well as providing the proof of sale documentation of that agricultural product no later than the end of the production period;
c) where an Agricultural Product in respect of which the advance is made is sold, the Producer is required to provide proof of sale documentation no later than the end of the production period; however, proof of sale documentation is not required for repayments made from the beginning of the production period to January 31, 2019.
d) by assigning to the Administrator amounts payable to the Producer under an eligible BRM program which the Administrator will apply to repay the advance within five (5) calendar days of receipt of such amounts until all the advances made to the Producer and the interest payable by the Producer on those advances are repaid. Each The Administrator will reimburse any amount received from a BRM program in excess of the outstanding advance to the producer within seven (7) calendar days of receipt.
3.1.2 In addition to the mandatory payments and requirements under paragraphs 3.1.1.a), 3.1.1.b) 3.1.1.c), and 3.1.1 d) above, the Producer may choose to reimburse the advance:
a) by making a repayment should without proof of sale up to the greater of $10,000 or ten percent (10%) of the total amount of the advance. If the Producer chooses to repay in cash an amount in excess of such amounts without proof of sale of the Product, the Producer will be supported charged an interest penalty at the rate of BMO Prime plus 1%, on the excess amount from the day the advance was issued to the day the repayment was made. The producer has thirty (30) days to repay the interest.
b) by paying directly to the Administrator any amount received by the Producer under an eligible BRM program before the end of the production period or by assigning to the Administrator amounts payable under a listed BRM program.
c) by paying directly to the Administrator any amount received by the Producer, not exceeding the proceeds evidenced by proof of sale;
i. Notwithstanding Paragraph 3.1.b of the Terms and Conditions above, where applicable.
d) Notwithstanding subclause 3.2.1a of this Agreement, a repayment without proof that the Agricultural Product has been sold can be made if the Administrator is satisfied that the Agricultural Product in respect of which the Advance has been made has not been disposed of by the Producer enters into a basis contract(s) on the Agricultural Product(s), the requirement to pay the Administrator within sixty (60) calendar days of delivery to the buyer shall be extended to ninety (90) calendar days where: the Producer will not receive payment at the time of deliverythe repayment. As such, a third party verification will need to be provided or an inspection will be conducted, and may be at the expense of the Producer. E Notwithstanding subclause 3.2.1a of this Agreement, a repayment without proof that the Agricultural Product has been sold can be made to repay an Advance taken on the Agricultural products listed in the attached schedule from the beginning of the Production Period until January 31, 2019.
3.1.3 In the event that the Producer repays the amount of the advance to the Administrator by selling the Agricultural Product or part of the Agricultural Product in the manner described in paragraph 3.1.
1 a) of these Terms and Conditions, the Producer provides a copy of the basis contract(sshall:
a) indicate in writing to the AdministratorAdministrator to which buyer, and the Producer provides proof of sale with the repayment; or
3.1.c. where the Producer has assigned or otherwise agreed to transfer, payments from an Eligible BRM Program listed on page 9 of the Application, as applicable, the Producer agrees that that these payments will be applied named by the Administrator, within fivethe Agricultural Product will be sold, prior to selling the said product to such buyer; and
b) notify the Administrator immediately upon receiving any information to the effect that the named buyer is not promptly remitting to the Administrator the amount so withheld; and
c) remain liable to the Administrator for repayment of any part of the advance where the said buyer has failed to remit to the Administrator that part of the advance withheld by it pursuant to its agreement with the Administrator.
d) The Producer agrees that the full amount of repayments received by the Administrator will be applied to the portion of the Advance on which the Minister pays the interest, before the portion of the advance on which the Producer pays the interest.
Appears in 1 contract
Samples: Advance Payments Program Application