Revaluation. 5.1 On the last business day of each calendar month (a "REVALUATION DATE"), commencing in the month in which the Acceptance Date occurs, the Issuing Bank shall calculate the Dollar Equivalent (as at such Revaluation Date) of the aggregate of the Outstanding Liability Amount of each Foreign Currency Bond issued by the Issuing Bank. 5.2 If on the Revaluation Date: (a) the Account Balance of the Dollar Account, after deducting an amount equal to the aggregate of the Outstanding Liability Amount of each Bond issued by the Issuing Bank and denominated in US Dollars, is less than 105% of the Dollar Equivalent of the aggregate of the Outstanding Liability Amounts determined pursuant to Clause 5.1 above (the amount of such shortfall being the "DOLLAR SHORTFALL"), the Company shall, subject to Clause 5.4, deposit an amount in US Dollars equal to the Dollar Shortfall in the Dollar Account; or (b) the Account Balance of the Dollar Account, after deducting an amount equal to the aggregate of the Outstanding Liability Amount of each Bond issued by the Issuing Bank and denominated in US Dollars, exceeds 105% of the Dollar Equivalent of the aggregate of the Outstanding Liability Amounts determined pursuant to Clause 5.1 above (the amount of such excess being the "DOLLAR EXCESS"), the Issuing Bank shall, subject to Clause 5.4, release to the Company from the Dollar Account an amount equal to the Dollar Excess. 5.3 The Issuing Bank shall notify the Company of its determination under Clause 5.2 within two Business Days of making such determination. Subject to Clause 5.4, any payment or release pursuant to Clause 5.2 shall be made by the relevant party within 2 Business Days of the relevant notification. 5.4 If, on any Revaluation Date, the Dollar Shortfall or Dollar Excess referred to in Clause 5.2, is less than US$50,000, no payment or release shall be required from the Company or the Issuing Bank pursuant to this Clause 5.
Appears in 2 contracts
Samples: Performance Bond Facility (Marconi Corp PLC), Performance Bond Facility (Marconi PLC)
Revaluation. 5.1 On the last business day of each calendar month (a "REVALUATION DATE"), commencing in the month in which the Acceptance Date occursIssuing Bank issues its first Bond under the Bonding Facility Letter, the Issuing Bank shall calculate the Dollar Equivalent (as at such Revaluation Date) of the aggregate of the Outstanding Liability Amount of each Foreign Currency Bond issued by the Issuing Bank.
5.2 If on the Revaluation Date:
(a) the Account Balance of the Dollar Account, after deducting an amount equal to the aggregate of the Outstanding Liability Amount of each Bond issued by the Issuing Bank and denominated in US Dollars, is less than 105% of the Dollar Equivalent of the aggregate of the Outstanding Liability Amounts determined pursuant to Clause 5.1 above (the amount of such shortfall being the "DOLLAR SHORTFALL"), the Company shall, subject to Clause 5.4, deposit an amount in US Dollars equal to the Dollar Shortfall in the Dollar Account; or
(b) the Account Balance of the Dollar Account, after deducting an amount equal to the aggregate of the Outstanding Liability Amount of each Bond issued by the Issuing Bank and denominated in US Dollars, exceeds 105% of the Dollar Equivalent of the aggregate of the Outstanding Liability Amounts determined pursuant to Clause 5.1 above (the amount of such excess being the "DOLLAR EXCESS"), the Issuing Bank shall, subject to Clause 5.4, release to the Company from the Dollar Account an amount equal to the Dollar Excess.
5.3 The Issuing Bank shall notify the Company of its determination under Clause 5.2 within two Business Days of making such determination. Subject to Clause 5.4, any payment or release pursuant to Clause 5.2 shall be made by the relevant party within 2 Business Days of the relevant notification.
5.4 If, on any Revaluation Date, the Dollar Shortfall or Dollar Excess referred to in Clause 5.2, is less than US$50,000, no payment or release shall be required from the Company or the Issuing Bank pursuant to this Clause 5.
Appears in 2 contracts
Samples: Performance Bond Facility (Marconi Corp PLC), Performance Bond Facility (Marconi PLC)