Common use of Repayment of the Advance Clause in Contracts

Repayment of the Advance. 4.1 The Producer shall repay the total amount of all Advance as specified in this Agreement to the Administrator by repaying the loan(s) under the Feeder Associations Guarantee Act by selling the cattle as per the terms of the Agreement signed by the P roducer under the Feeder Associations Guarantee Act with the Producer’s Feeder Association, and any extension granted, including all interest, all fees, and penalties pursuant to this Agreement. 4.2 The Producer agrees that the proceeds from the first sales of the cattle or lambs will be applied against the eligible amounts for interest reimbursement before applying the proceeds against other non-eligible amounts. 4.3 The minimum amount to be paid by the Producer when Eligible Agricultural Products on which an Advance has been made are sold or disposed of shall be no less than the Advance Rate for the Eligible Agricultural Product in effect at the time the Advance was issued to the Producer multiplied by the number of Production Units sold or disposed of, 4.4 For Continuous Flow Operations, Producers who receive an Advance for a Continuous Flow Operation are not required to make repayments from the sale proceeds of Livestock or to provide proof of sales for their livestock, so long as they maintain the permanent inventory set out in their Application, provided that if there is a reduction in the permanent inventory which is not immediately replaced: (a) if the reduction in permanent inventory is not attributable to a decision of the Producer to reduce their inventory, the Producer shall pay the amount of the Overpayment together with interest on that portion from the date of the Advance (other than the portion on which interest has been paid by the Government of Canada) within thirty (30) days of the date of the notice is provided to the Producer requiring the Overpayment to be made. If payment is not made, the Administrator may declare the Producer in Default, and (b) if the reduction in permanent inventory is made as a result of a decision of the Producer to sell or dispose of or otherwise reduce their permanent inventory, the Producer shall no longer be a Continuous Flow Operation, and shall provide Proof of Sale with respect to all Livestock sold or disposed of in relation to the reduction in permanent inventory, and also provide Proof of Sale for all future sales in accordance with this Agreement. The amount of the Overpayment shall be paid to the Administrator within thirty (30) days from the date notice is provided by the Administrator to the Producer to do so, failing which the Administrator may declare the Producer in Default 5.0 Default 5.1 A default under the Feeder Associations Guarantee Act means the Producer shall be declared in default under both Feeder Associations Guarantee Act and the APP. For more clarification, review Section 21 of the AMPA. 5.2 Once in default the Producer must repay all interest paid on the Producer’s behalf. The Producer will be considered ineligible for further interest payments under the APP for a period as set out under the APP starting from the time the full amount of the loan(s) and interest have been repaid.

Appears in 1 contract

Samples: Advance Payments Program Application & Repayment Agreement

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Repayment of the Advance. 4.1 The Producer shall repay (a) As set forth in the total Fee and Ratio Letter. (b) [Reserved]. (c) Without limiting the foregoing clause (a), following any reduction in the Put Notional Amount (including, without limitation, as the result of an adjustment to the Put Strike Price, or as the result of a partial termination (including, for the avoidance of doubt, following an Early Collar Termination Event pursuant to which less than all of the obligations in respect of the Collar Transaction are due) or a consensual unwind of the Collar Transaction), Borrower agrees to prepay, prior to the effective time of such reduction (or, if later, within the first (1st) Business Day following Borrower’s becoming aware of such reduction), a portion of the then-outstanding unpaid principal amount of all Advance the Advance, together with accrued and unpaid interest thereon, corresponding to the reduction of the Put Notional Amount attributable to the relevant “Repayment Date” set forth in clause (a) above, as specified calculated by Xxxxxx in good faith and a commercially reasonable manner. Any prepayment of principal made by Borrower pursuant to this clause (c) shall be allocated to reduce the “Repayment Amount” for the relevant “Repayment Date” in the table set forth in clause (a) above and the corresponding “Relevant Principal Amount of Advance” set forth in the definition of “Applicable Rate”. (d) Notwithstanding anything to the contrary contained herein, solely upon the occurrence and continuance of an “Insolvency (Insolvência)” under the Master Derivatives Agreement, the Borrower shall meet any portion of its payment obligations under this Agreement with the application of certain credit rights arising from any exposure of the Borrower against the Lender or any of its Affiliates (positive adjustment to be received from the Lender or any of its Affiliates by the Borrower) arising from (x) the Collar Transaction contracted within the scope of Collar Loan Documentation (it being understood that the Euro-based value of such credit rights so applied shall be the “Replacement Value” determined by the Calculation Agent under and pursuant to the Administrator Collar Confirmation) and (y) the Hedge Transactions (it being understood that the Euro-based value of such credit rights so applied shall be the “Replacement Value” determined by repaying the loan(s) Calculation Agent under and pursuant to the Feeder Associations Guarantee Act by selling Hedge Agreement); provided, that for the cattle as per avoidance of doubt, any amounts so due and payable hereunder in excess of the relevant Euro-based value of such credit rights set forth above shall continue to be so due and payable under the terms of the Agreement signed by the P roducer under the Feeder Associations Guarantee Act with the Producer’s Feeder Association, and any extension granted, including all interest, all fees, and penalties pursuant to this Agreement. 4.2 The Producer agrees that the proceeds from the first sales of the cattle or lambs will be applied against the eligible amounts for interest reimbursement before applying the proceeds against other non-eligible amounts. 4.3 The minimum amount to be paid by the Producer when Eligible Agricultural Products on which an Advance has been made are sold or disposed of shall be no less than the Advance Rate for the Eligible Agricultural Product in effect at the time the Advance was issued to the Producer multiplied by the number of Production Units sold or disposed of, 4.4 For Continuous Flow Operations, Producers who receive an Advance for a Continuous Flow Operation are not required to make repayments from the sale proceeds of Livestock or to provide proof of sales for their livestock, so long as they maintain the permanent inventory set out in their Application, provided that if there is a reduction in the permanent inventory which is not immediately replaced: (a) if the reduction in permanent inventory is not attributable to a decision of the Producer to reduce their inventory, the Producer shall pay the amount of the Overpayment together with interest on that portion from the date of the Advance (other than the portion on which interest has been paid by the Government of Canada) within thirty (30) days of the date of the notice is provided to the Producer requiring the Overpayment to be made. If payment is not made, the Administrator may declare the Producer in Default, and (b) if the reduction in permanent inventory is made as a result of a decision of the Producer to sell or dispose of or otherwise reduce their permanent inventory, the Producer shall no longer be a Continuous Flow Operation, and shall provide Proof of Sale with respect to all Livestock sold or disposed of in relation to the reduction in permanent inventory, and also provide Proof of Sale for all future sales in accordance with this Agreement. The amount of the Overpayment shall be paid to the Administrator within thirty (30) days from the date notice is provided by the Administrator to the Producer to do so, failing which the Administrator may declare the Producer in Default 5.0 Default 5.1 A default under the Feeder Associations Guarantee Act means the Producer shall be declared in default under both Feeder Associations Guarantee Act and the APP. For more clarification, review Section 21 of the AMPA. 5.2 Once in default the Producer must repay all interest paid on the Producer’s behalf. The Producer will be considered ineligible for further interest payments under the APP for a period as set out under the APP starting from the time the full amount of the loan(s) and interest have been repaid.

Appears in 1 contract

Samples: Loan Agreement (Cosan S.A.)

Repayment of the Advance. 4.1 The Producer shall repay (a) As set forth in the total Fee and Ratio Letter. (b) [Reserved]. (c) Without limiting the foregoing clause (a), following any reduction in the Put Notional Amount (including, without limitation, as the result of an adjustment to the Put Strike Price, or as the result of a partial termination (including, for the avoidance of doubt, following an Early Collar Termination Event pursuant to which less than all of the obligations in respect of the Collar Transaction are due) or a consensual unwind of the Collar Transaction), Borrower agrees to prepay, prior to the effective time of such reduction (or, if later, within the first (1st) Business Day following Borrower’s becoming aware of such reduction), a portion of the then-outstanding unpaid principal amount of all Advance the Advance, together with accrued and unpaid interest thereon, corresponding to the reduction of the Put Notional Amount attributable to the relevant “Repayment Date” set forth in clause (a) above, as specified calculated by Xxxxxx in good faith and a commercially reasonable manner. Any prepayment of principal made by Borrower pursuant to this clause (c) shall be allocated to reduce the “Repayment Amount” for the relevant “Repayment Date” in the table set forth in clause (a) above and the corresponding “Relevant Principal Amount of Advance” set forth in the definition of “Applicable Rate”. (d) Notwithstanding anything to the contrary contained herein, solely upon the occurrence and continuance of an “Insolvency (Insolvência)” under the Master Derivatives Agreement, the Borrower shall meet any portion of its payment obligations under this Agreement with the application of certain credit rights arising from any exposure of the Borrower against the Lender or any of its Affiliates (positive adjustment to be received from the Lender or any of its Affiliates by the Borrower) arising from (x) the Collar Transaction contracted within the scope of Collar Loan Documentation (it being understood that the Yen-based value of such credit rights so applied shall be the “Replacement Value” determined by the Calculation Agent under and pursuant to the Administrator Collar Confirmation) and (y) the Hedge Transactions (it being understood that the Yen-based value of such credit rights so applied shall be the “Replacement Value” determined by repaying the loan(s) Calculation Agent under and pursuant to the Feeder Associations Guarantee Act by selling Hedge Agreement); provided, that for the cattle as per avoidance of doubt, any amounts so due and payable hereunder in excess of the relevant Yen-based value of such credit rights set forth above shall continue to be so due and payable under the terms of the Agreement signed by the P roducer under the Feeder Associations Guarantee Act with the Producer’s Feeder Association, and any extension granted, including all interest, all fees, and penalties pursuant to this Agreement. 4.2 The Producer agrees that the proceeds from the first sales of the cattle or lambs will be applied against the eligible amounts for interest reimbursement before applying the proceeds against other non-eligible amounts. 4.3 The minimum amount to be paid by the Producer when Eligible Agricultural Products on which an Advance has been made are sold or disposed of shall be no less than the Advance Rate for the Eligible Agricultural Product in effect at the time the Advance was issued to the Producer multiplied by the number of Production Units sold or disposed of, 4.4 For Continuous Flow Operations, Producers who receive an Advance for a Continuous Flow Operation are not required to make repayments from the sale proceeds of Livestock or to provide proof of sales for their livestock, so long as they maintain the permanent inventory set out in their Application, provided that if there is a reduction in the permanent inventory which is not immediately replaced: (a) if the reduction in permanent inventory is not attributable to a decision of the Producer to reduce their inventory, the Producer shall pay the amount of the Overpayment together with interest on that portion from the date of the Advance (other than the portion on which interest has been paid by the Government of Canada) within thirty (30) days of the date of the notice is provided to the Producer requiring the Overpayment to be made. If payment is not made, the Administrator may declare the Producer in Default, and (b) if the reduction in permanent inventory is made as a result of a decision of the Producer to sell or dispose of or otherwise reduce their permanent inventory, the Producer shall no longer be a Continuous Flow Operation, and shall provide Proof of Sale with respect to all Livestock sold or disposed of in relation to the reduction in permanent inventory, and also provide Proof of Sale for all future sales in accordance with this Agreement. The amount of the Overpayment shall be paid to the Administrator within thirty (30) days from the date notice is provided by the Administrator to the Producer to do so, failing which the Administrator may declare the Producer in Default 5.0 Default 5.1 A default under the Feeder Associations Guarantee Act means the Producer shall be declared in default under both Feeder Associations Guarantee Act and the APP. For more clarification, review Section 21 of the AMPA. 5.2 Once in default the Producer must repay all interest paid on the Producer’s behalf. The Producer will be considered ineligible for further interest payments under the APP for a period as set out under the APP starting from the time the full amount of the loan(s) and interest have been repaid.

Appears in 1 contract

Samples: Loan Agreement (Cosan S.A.)

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Repayment of the Advance. 4.1 (a) The Producer Borrower shall repay make direct payment to the total amount of all Advance Bank at the address specified in the Addendum and as specified in this Agreement the Addendum, with each such payment to the Administrator by repaying the loan(sbe made in U.S. Dollars in accordance with Section 5 below. [***] (b) under the Feeder Associations Guarantee Act by selling the cattle as per the terms The existence of the Agreement signed by the P roducer under the Feeder Associations Guarantee Act with the Producer’s Feeder Association, and any extension granted, including all interest, all fees, and penalties pursuant to this Agreement. 4.2 The Producer agrees that the proceeds from the first sales of the cattle or lambs will be applied against the eligible amounts for interest reimbursement before applying the proceeds against other non-eligible amounts. 4.3 The minimum amount to be paid by the Producer when Eligible Agricultural Products on which an Advance has been made are sold or disposed of shall be no less than the Advance Rate for the Eligible Agricultural Product payment mechanism set forth in effect at the time the Advance was issued to the Producer multiplied by the number of Production Units sold or disposed of, 4.4 For Continuous Flow Operations, Producers who receive an Advance for a Continuous Flow Operation are not required to make repayments from the sale proceeds of Livestock or to provide proof of sales for their livestock, so long as they maintain the permanent inventory set out in their Application, provided that if there is a reduction in the permanent inventory which is not immediately replaced: clause (a) if above shall in no respect limit the reduction in permanent inventory is not attributable to a decision ability of the Producer Bank to reduce their inventorydemand payment from the Borrower under the Note. (c) If, as of the Producer shall pay Maturity Date, any of the principal amount of the Overpayment Advance and/or any interest thereon shall remain outstanding (that is, payment therefor shall not have been received in the Bank Account), or if, at any time, any such payment of such principal or interest shall be rescinded or the Bank shall be required to refund any such payment to the Borrower, the Bank, in its sole discretion, may require that the Borrower make payment of such amounts in U.S. Dollars directly to the Bank. (d) The Borrower shall have the right to prepay the Advance at any time or from time to time, which prepayment shall in each case be made together with accrued and unpaid interest on thereon and all other amounts payable under this Agreement (including without limitation Sections 7(b) and 25(b) hereof), provided, that portion from (i) the date Borrower shall give the Bank three (3) Business Days’ prior written notice of each such prepayment, (ii) each such prepayment under this Section 3 shall be applied to the unpaid installments of the Advance in the inverse order of their maturity, (other than iii) each partial prepayment shall be in the portion on which interest has been paid by the Government of Canada) within thirty (30) days of the date of the notice is provided to the Producer requiring the Overpayment to be made. If payment is not made, the Administrator may declare the Producer in Default[***], and (biv) if the reduction Borrower shall pay [***]. Amounts prepaid hereunder may not be reborrowed. Unless agreed by Bank in permanent inventory its sole discretion, no prepayment hereunder shall be made on any day that is made as a result of a decision of the Producer to sell or dispose of or otherwise reduce their permanent inventory, the Producer shall no longer be a Continuous Flow Operationnot an RFR Banking Day, and if any prepayment to be made shall provide Proof of Sale with respect to all Livestock sold or disposed of in relation to the reduction in permanent inventoryfall due on a day that is not an RFR Banking Day, and also provide Proof of Sale for all future sales in accordance with this Agreement. The amount of the Overpayment payment shall be paid to made on the Administrator within thirty (30) days from the date notice is provided by the Administrator to the Producer to do so, failing which the Administrator may declare the Producer in Default 5.0 Default 5.1 A default under the Feeder Associations Guarantee Act means the Producer next succeeding RFR Banking Day and such extension of time shall be declared reflected in default under both Feeder Associations Guarantee Act and computing interest or fees, as the APP. For more clarification, review Section 21 of the AMPA. 5.2 Once in default the Producer must repay all interest paid on the Producer’s behalf. The Producer will be considered ineligible for further interest payments under the APP for a period as set out under the APP starting from the time the full amount of the loan(s) and interest have been repaidcase may be.

Appears in 1 contract

Samples: Credit Agreement (Eve Holding, Inc.)

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