Special Accounts. 1. The Recipient shall open and maintain in FCFA in a commercial bank, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely: (a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Project. 2. After the Association has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Grant Account of amounts to be deposited into the Special Accounts shall be made as follows: (a) if the Recipient is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and (b) if the Recipient is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1. 3. Payments out of the Special Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient out of the Special Accounts, the Recipient shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures. 4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the Special Accounts: (a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 of this Schedule 1 adequately provide the information required for Report- based Disbursements; (b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient directly from the Grant Account; or (c) if the Recipient shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (i) the records and accounts for the Special Accounts; or (ii) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be. 5. The Association shall not be required to make further deposits into the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient of its intention to suspend in whole or in part the right of the Recipient to make withdrawals from the Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient of its determination. (a) If the Association determines at any time that any payment out of any of the Special Accounts was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the Special Accounts shall be made until the Recipient has provided such evidence or made such deposit or refund, as the case may be. (b) If the Association determines at any time that any amount outstanding in the Special Accounts will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient shall, promptly upon notice from the Association, refund to the Association such outstanding amount. (c) The Recipient may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the Special Accounts. (d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of this Agreement. 1. For the purposes of this Annex, the term “Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Grant Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.
Appears in 2 contracts
Samples: Development Grant Agreement, Development Grant Agreement
Special Accounts. 1. The Recipient shall may: (a) for the purpose of Parts A, D (1), and D (4) of the Project open and maintain in FCFA Dollars a special deposit account (Special Account A) to be managed by SAMSA; and (b) for the purpose of Parts B, C, D (2), D (3), and D (4) of the Project open and maintain in Dollars a special deposit account (Special Account B) to be managed by IOC, all in commercial bankbanks acceptable to the Bank, on terms and conditions satisfactory to the AssociationBank, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association Bank has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the GEF Trust Fund Grant Account of amounts to be deposited into the Special Accounts shall be made as follows:
(a) if the Recipient is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the each Special Accounts Account shall be made exclusively for respective Eligible Expenditures. For each payment made by the Recipient through SAMSA or IOC out of the respective Special AccountsAccount, the Recipient through SAMSA or IOC shall, at such time as the Association Bank shall reasonably request, furnish to the Association Bank such documents and other evidence showing that such payment was made exclusively for respective Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association Bank shall not be required to make further deposits into the respective Special AccountsAccount:
(a) if the AssociationBank, at any time, is not satisfied that the reports referred to in Part A.6 of this Schedule 1 adequately provide the information required for Report- Report-based Disbursements;
(b) if the Association Bank determines at any time that all further withdrawals for payment of respective Eligible Expenditures should be made by the Recipient directly from the GEF Trust Fund Grant Account; or
(c) if the Recipient through SAMSA or IOC shall have failed to furnish to the AssociationBank, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association Bank pursuant to said Section in respect of the audit of: (iA) the records and accounts for the respective Special AccountsAccount; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association Bank shall not be required to make further deposits into the respective Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association Bank shall have notified the Recipient of its intention to suspend in whole or in part the right of the Recipient to make withdrawals from the GEF Trust Fund Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association Bank shall determine, in its sole discretion, whether further deposits into the respective Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient of its determination.
(a) If the Association Bank determines at any time that any payment out of any of the respective Special Accounts was made for an expenditure which is not an respective Eligible Expenditure, or was not justified by the evidence furnished to the AssociationBank, the Recipient shall, promptly upon notice from the AssociationBank, provide such additional evidence as the Association Bank may request, or deposit into the respective Special Account Accounts (or, if the Association Bank shall so request, refund to the AssociationBank) an amount equal to the amount of such payment. Unless the Association Bank shall otherwise agree, no further deposit by the Association Bank into the respective Special Accounts shall be made until the Recipient has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association Bank determines at any time that any amount outstanding in the respective Special Accounts will not be required to cover payments for respective Eligible Expenditures during the six-month period following such determination, the Recipient shall, promptly upon notice from the AssociationBank, refund to the Association Bank such outstanding amount.
(c) The Recipient through SAMSA or IOC may, upon notice to the AssociationBank, refund to the Association Bank all or any portion of the funds on deposit in the respective Special Accounts.
(d) Refunds to the Association Bank made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the GEF Trust Fund Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the GEF Trust Fund Grant Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Grant Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.means:
Appears in 2 contracts
Samples: Trust Fund Grant Agreement, Global Environment Facility Trust Fund Grant Agreement
Special Accounts. 1. The Recipient shall Borrower may open and maintain in FCFA Dollars in a commercial its central bank, on terms and conditions satisfactory to the AssociationBank, including appropriate protection against set-off, seizure and attachment two separate special deposit accounts, namely:
accounts (a) Special Account A A, for Part A Parts C and D of the Project; , and (b) Special Account B B, for Part B of the Project).
2. After the Association Bank has received evidence satisfactory to it that the Special Accounts have Account has been opened, withdrawals from the Grant Loan Account of amounts to be deposited into the Special Accounts Account shall be made as follows:
(a) if the Recipient Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the Special AccountsAccount, the Recipient Borrower shall, at such time as the Association Bank shall reasonably request, furnish to the Association Bank such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association Bank shall not be required to make further deposits into the Special AccountsAccount:
(a) if the AssociationBank, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report- Report-based Disbursements;
(b) if the Association Bank determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Loan Account; or
(c) if the Recipient Borrower shall have failed to furnish to the AssociationBank, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association Bank pursuant to said Section in respect of the audit of: (i) the records and accounts for the Special AccountsAccount; or (ii) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association Bank shall not be required to make further deposits into the Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association Bank shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Loan Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association Bank shall determine, in its sole discretion, whether further deposits into the Special Accounts Account may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower of its determination.
(a) If the Association Bank determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the AssociationBank, the Recipient Borrower shall, promptly upon notice from the AssociationBank, provide such additional evidence as the Association Bank may request, or deposit into the respective Special Account (or, if the Association Bank shall so request, refund to the AssociationBank) an amount equal to the amount of such payment. Unless the Association Bank shall otherwise agree, no further deposit by the Association Bank into the Special Accounts Account shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association Bank determines at any time that any amount outstanding in the Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the AssociationBank, refund to the Association Bank such outstanding amount.
(c) The Recipient Borrower may, upon notice to the AssociationBank, refund to the Association Bank all or any portion of the funds on deposit in the Special AccountsAccount.
(d) Refunds to the Association Bank made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Loan Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the Loan Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means means: (i) an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, $600,000 to be withdrawn from the Grant Loan Account and deposited into the Borrower’s central bank for Special Accounts Account A; and (ii) an amount of $1,400,000 to be withdrawn from the Loan Account and deposited into the Borrower’s central bank for Special Account B, all pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.
Appears in 2 contracts
Samples: Loan Agreement, Loan Agreement
Special Accounts. 1. The Recipient Borrower shall open or caused to be opened and maintained in dollars two separate special deposit accounts (the Federal Special Account, and the States Special Account) in commercial banks, on terms and conditions satisfactory to the Association, including appropriate protection against set- off, seizure and attachment. When the conditions set forth in Paragraph 4 of Schedule 5 have been met for a Participating State, such Participating State may open and maintain in FCFA dollars its own Special Account in a commercial bank, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) attachment. A Participating State which has opened its own Special Account A for Part A of shall not be entitled to further withdrawals from the Project; and (b) States Special Account B for Part B of the ProjectAccount.
2. After the Association has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Grant Credit Account of amounts to be deposited into the said Special Accounts shall be made as follows:
(a) if until the Recipient is not making Report-based DisbursementsAssociation shall have received: (i) the first Financial Monitoring Report referred to in Section 4.02 (b) of this Agreement; and (ii) a request from the Borrower for withdrawal on the basis of Financial Monitoring Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if upon receipt by the Recipient is making Report-based DisbursementsAssociation of a Financial Monitoring Report pursuant to Section 4.02 (b) of this Agreement, accompanied by a request from the Borrower for withdrawal on the basis of Project Monitoring Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the each Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the a Special AccountsAccount, the Recipient Borrower shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the any Special AccountsAccount:
(a) if the Association, Association determines at any time, is time that any Financial Monitoring Report does not satisfied that the reports referred to in Part A.6 of this Schedule 1 adequately provide the information required for Report- based Disbursementspursuant to Section 4.02 of this Agreement;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Credit Account; or
(c) if the Recipient Borrower shall have failed to furnish to the Association, Association within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the any Special AccountsAccount; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beFinancial Monitoring Reports.
5. The Association shall not be required to make further deposits into the any Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower of its determination.
(a) If the Association determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective said Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the any Special Accounts Account shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the any Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the a Special AccountsAccount.
(d) Refunds to the Association made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the Development Credit Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Grant Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.:
Appears in 2 contracts
Samples: Development Credit Agreement, Development Credit Agreement
Special Accounts. 1. The Recipient shall may open and maintain in FCFA Dollars two special deposit accounts (MOA Special Account and MASAF Special Account) in a commercial bankbank acceptable to the Association, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association has received evidence satisfactory to it that the respective Special Accounts have Account has been opened, withdrawals from the Grant Account of amounts to be deposited into the respective Special Accounts Account shall be made as follows:
(a) if the Recipient is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the respective Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient out of the respective Special AccountsAccount, the Recipient shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the any Special AccountsAccount:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report- Report-based Disbursements;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient directly from the Grant Account; or
(c) if the Recipient shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the Special AccountsAccount; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association shall not be required to make further deposits into the any Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient of its intention to suspend in whole or in part the right of the Recipient to make withdrawals from the Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the respective Special Accounts Account may be made and what procedures should be followed for making such deposits, and shall notify the Recipient of its determination.
(a) If the Association determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the any Special Accounts Account shall be made until the Recipient has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the any Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the respective Special AccountsAccount.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the Grant Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Grant Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.
Appears in 1 contract
Samples: Development Grant Agreement
Special Accounts. 1. The Recipient Borrower shall cause to be opened and maintained in dollars two separate special deposit accounts (the Federal Special Account, and the State Special Account) in commercial banks, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment. When the conditions set forth in Paragraph 4 of Schedule 5 have been met for a Participating State, such Participating State may open and maintain in FCFA dollars its own Special Account in a commercial bank, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) attachment. A Participating State which has opened its own Special Account A for Part A of shall not be entitled to further withdrawals from the Project; and (b) State Special Account B for Part B of the ProjectAccount.
2. After the Association has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Grant Credit Account of amounts to be deposited into the said Special Accounts shall be made as follows:
(a) if until the Recipient is not making Report-based DisbursementsAssociation shall have received: (i) the first Financial Monitoring Report referred to in Section 4.02 (b) of this Agreement; and (ii) a request from the Borrower for withdrawal on the basis of Financial Monitoring Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if upon receipt by the Recipient is making Report-based DisbursementsAssociation of a Financial Monitoring Report pursuant to Section 4.02 (b) of this Agreement, accompanied by a request from the Borrower for withdrawal on the basis of Project Monitoring Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the each Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the a Special AccountsAccount, the Recipient Borrower shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the any Special AccountsAccount:
(a) if the Association, Association determines at any time, is time that any Financial Monitoring Report does not satisfied that the reports referred to in Part A.6 of this Schedule 1 adequately provide the information required for Report- based Disbursementspursuant to Section 4.02 of this Agreement;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Credit Account; or
(c) if the Recipient Borrower shall have failed to furnish to the Association, Association within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the any Special AccountsAccount; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beFinancial Monitoring Reports.
5. The Association shall not be required to make further deposits into the any Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower of its determination.
(a) If the Association determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective said Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the any Special Accounts Account shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the any Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the a Special AccountsAccount.
(d) Refunds to the Association made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of this Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Grant Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.:
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Recipient shall Borrower may open and maintain in FCFA Dollars two special deposit accounts in a commercial bankNBE, Special Account (A) and Special Account (B) on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Grant Account Financing Accounts of amounts to be deposited into the Special Accounts shall be made as follows:
(a) if the Recipient Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the Special Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the Special Accounts, the Recipient Borrower shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the Special Accounts:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report- Report-based Disbursements;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant AccountFinancing Accounts; or
(c) if the Recipient Borrower shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the Special Accounts; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association shall not be required to make further deposits into the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient Borrower and the Guarantor of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Credit Account or the Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower and the Guarantor of its determination.
(a) If the Association determines at any time that any payment out of any of the Special Accounts was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account Accounts (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the Special Accounts shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the Special Accounts will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the Special Accounts.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Account or the Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the Development Financing Agreement.
1. (a) For the purposes of this Annex, the term “Authorized Allocation” means an the amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, $ 2,500,000 to be withdrawn from the Grant Credit Account and deposited into the Special Accounts Account (A) pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, $ 1,500,000 until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.
Appears in 1 contract
Samples: Development Financing Agreement
Special Accounts. 1. The Recipient Borrower shall open cause four separate special deposit accounts to be opened and maintain maintained in FCFA US Dollars: the BPE Special Account, the NCC Special Account, the NERC Special Account, and the LSWC Special Account in a commercial bank, bank on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association has received evidence satisfactory to it that the a Special Accounts have Account has been opened, withdrawals from the Grant Credit Account of amounts to be deposited into the said Special Accounts Account shall be made as follows:
(a) if until the Recipient is not making Report-based DisbursementsAssociation shall have received (i) the first Project Management Report referred to in Section 4.02 (b) of this Agreement and (ii) a request from the Borrower for withdrawal on the basis of Project Management Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if upon receipt by the Recipient is making Report-based DisbursementsAssociation of a Project Management Report pursuant to Section 4.02 (b) of this Agreement, accompanied by a request from the Borrower for withdrawal on the basis of Project Management Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the each Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the a Special AccountsAccount, the Recipient Borrower shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the any Special AccountsAccount:
(a) if the Association, Association determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.6 of this Schedule 1 adequately provide the information required for Report- based Disbursementspursuant to Section 4.02 of this Agreement;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Credit Account; or
(c) if the Recipient Borrower shall have failed to furnish to the Association, Association within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: of (iA) the records and accounts for the any Special Accounts; Account or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beProject Management Reports.
5. The Association shall not be required to make further deposits into the any Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower of its determination.
(a) If the Association determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective said Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the any Special Accounts Account shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the any Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the a Special AccountsAccount.
(d) Refunds to the Association made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the Development Credit Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Grant Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.:
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Recipient shall Borrower may open and maintain in FCFA Dollars two special deposit accounts, each in a commercial bankbank specifically authorized for this purpose by the Bangko Sentral ng Pilipinas, on terms and conditions satisfactory to the AssociationBank, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
attachment: (a) the DOF Special Account A for purposes of Part A of the ProjectProject to be carried out by LGUs and which financing of activities is subject to the NG-LGU Cost Sharing Scheme; and (b) the DOH Special Account B for Part the purpose of Parts A and B of the ProjectProject to be carried out by DOH.
2. After the Association Bank has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Grant Loan Account of amounts to be deposited into the Special Accounts shall be made as follows:
(a) if the Recipient Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the Special Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the Special Accounts, the Recipient Borrower shall, at such time as the Association Bank shall reasonably request, furnish to the Association Bank such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association Bank shall not be required to make further deposits into the Special Accounts:
(a) if the AssociationBank, at any time, is not satisfied that the reports referred to in Part A.6 of this Schedule 1 adequately provide the information required for Report- based Disbursements;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient directly from the Grant Account; or
(c) if the Recipient shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (i) the records and accounts for the Special Accounts; or (ii) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association shall not be required to make further deposits into the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient of its intention to suspend in whole or in part the right of the Recipient to make withdrawals from the Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient of its determination.
(a) If the Association determines at any time that any payment out of any of the Special Accounts was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the Special Accounts shall be made until the Recipient has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the Special Accounts will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the Special Accounts.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of this Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Grant Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.Part
Appears in 1 contract
Samples: Loan Agreement
Special Accounts. 1. The Recipient shall Borrower may open and maintain in FCFA Dollars: (a) a special deposit account for Parts A, B, C and E of the Project (Special Account A); and (b) a special deposit account for Part D of the Project (Special Account B), both in a commercial bankbank satisfactory to the Bank and specifically authorized for this purpose by the Bangko Sentral ng Pilipinas, on terms and conditions satisfactory to the AssociationBank, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association Bank has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Grant Loan Account of amounts to be deposited into any of the Special Accounts shall be made as follows:
(a) if the Recipient Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of any of the Special Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of any of the Special Accounts, the Recipient Borrower shall, at such time as the Association Bank shall reasonably request, furnish to the Association Bank such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association Bank shall not be required to make further deposits into any of the Special Accounts:
(a) if the AssociationBank, at any time, is not satisfied that the reports referred to in Part A.6 A.4 of this Schedule 1 adequately provide the information required for Report- Report-based Disbursements;
(b) if the Association Bank determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Loan Account; or
(c) if the Recipient Borrower shall have failed to furnish to the AssociationBank, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association Bank pursuant to said Section in respect of the audit of: :
(iA) the records and accounts for each of the Special Accounts; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association Bank shall not be required to make further deposits into any of the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association Bank shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Loan Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association Bank shall determine, in its sole discretion, whether further deposits into any of the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower of its determination.
(a) If the Association Bank determines at any time that any payment out of any of the Special Accounts was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the AssociationBank, the Recipient Borrower shall, promptly upon notice from the AssociationBank, provide such additional evidence as the Association Bank may request, or deposit into the respective said Special Account (or, if the Association Bank shall so request, refund to the AssociationBank) an amount equal to the amount of such payment. Unless the Association Bank shall otherwise agree, no further deposit by the Association Bank into any of the Special Accounts shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association Bank determines at any time that any amount outstanding in any of the Special Accounts will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the AssociationBank, refund to the Association Bank such outstanding amount.
(c) The Recipient Borrower may, upon notice to the AssociationBank, refund to the Association Bank all or any portion of the funds on deposit in any of the Special Accounts.
(d) Refunds to the Association Bank made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Loan Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the Loan Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an means: (a) the amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, $1,500,000 to be withdrawn from the Grant Loan Account and deposited into Special Account A; and (b) the amount of $100,000 to be withdrawn from the Loan Account and deposited into Special Accounts Account B; all as pursuant to paragraph 2 of this Annex, ; provided, however, that unless the Association Bank shall otherwise agree, the Authorized Allocation for Special Account A shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, $800,000 until the aggregate amount of withdrawals from the Credit Loan Account and deposited into Special Account A, plus the total amount of all outstanding special commitments entered into by the Association Bank pursuant to Section 5.02 of the General Conditions Conditions, shall be equal to or exceed the equivalent of SDR 4,000,000$4,500,000.
Appears in 1 contract
Samples: Loan Agreement
Special Accounts. 1. The Recipient shall Borrower may open and maintain in FCFA Dollars special deposit accounts (Special Account A in respect of Categories (5) and (6) of the table in Part A.1 of this Schedule, and Special Account B in respect of Categories (1)-(4) and (7)-(9) of the table in Part A.1 of this Schedule) in a commercial bankbank acceptable to the Association, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association has received evidence satisfactory to it that the respective Special Accounts have Account has been opened, withdrawals from the Grant Credit Account of amounts to be deposited into the respective Special Accounts Account shall be made as follows:
(a) if the Recipient Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the respective Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the respective Special AccountsAccount, the Recipient Borrower shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the respective Special AccountsAccount:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report- based Disbursements;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Credit Account; or
(c) if the Recipient Borrower shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the respective Special AccountsAccount; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-Report- based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association shall not be required to make further deposits into the respective Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the respective Special Accounts Account may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower of its determination.
(a) If the Association determines at any time that any payment out of any of the respective Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the respective Special Accounts Account shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the respective Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the respective Special AccountsAccount.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of this Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Grant Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.means:
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Recipient shall Borrower may open and maintain maintain, in FCFA Dollars, Special Account A and B in a commercial bankbank acceptable to the Association, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Grant Credit Account of amounts to be deposited into the Special Accounts shall be made as follows:
(a) if the Recipient Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the respective Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the respective Special AccountsAccount, the Recipient Borrower shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the any Special AccountsAccount:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report- based Disbursements;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Credit Account; or
(c) if the Recipient Borrower shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the Special Accounts; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association shall not be required to make further deposits into the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient Borrower and the Guarantor of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower and the Guarantor of its determination.
(a) If the Association determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the any Special Accounts Account shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the any Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the Special Accounts.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of this Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an means: (a) with respect to Special Account A, for Categories 2 (b), 3 (b), 4 (b), 5, 6 and 7 (b) the amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, $2,000,000 to be withdrawn from the Grant Credit Account and deposited into the Special Accounts Account A pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited ; and (b) with respect to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until for Categories 1, 2 (a), 3 (a), 4 (a) and 7 (a), the aggregate amount of withdrawals equivalent to $3,000,000 to be withdrawn from the Credit Account plus the total amount of all outstanding special commitments entered and deposited into by the Association Special Account B pursuant to Section 5.02 paragraph 2 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000this Annex.
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Recipient shall Borrower may, for the purposes, respectively, of each of Parts A, B and C, Part D and Part E of the Project, open and maintain in FCFA dollars three separate special deposit accounts in a Ukrainian or foreign commercial bankbank acceptable to the Bank, on terms and conditions satisfactory to the AssociationBank, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association Bank has received evidence satisfactory to it that the respective Special Accounts have Account has been opened, withdrawals from the Grant Loan Account of amounts to be deposited into the respective Special Accounts Account shall be made as follows:
(a) if the Recipient Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the respective Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the respective Special AccountsAccount, the Recipient Borrower shall, at such time as the Association Bank shall reasonably request, furnish to the Association Bank such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association Bank shall not be required to make further deposits into the any Special AccountsAccount:
(a) if the AssociationBank, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report- Report-based Disbursements;
(b) if the Association Bank determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Loan Account; or
(c) if the Recipient Borrower shall have failed to furnish to the AssociationBank, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association Bank pursuant to said Section in respect of the audit of: (iA) the records and accounts for the Special Accounts; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association Bank shall not be required to make further deposits into the any Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association Bank shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Loan Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association Bank shall determine, in its sole discretion, whether further deposits into the any Special Accounts Account may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower of its determination.
(a) If the Association Bank determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the AssociationBank, the Recipient Borrower shall, promptly upon notice from the AssociationBank, provide such additional evidence as the Association Bank may request, or deposit into the respective Special Account (or, if the Association Bank shall so request, refund to the AssociationBank) an amount equal to the amount of such payment. Unless the Association Bank shall otherwise agree, no further deposit by the Association Bank into the any Special Accounts Account shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association Bank determines at any time that any amount outstanding in the any Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the AssociationBank, refund to the Association Bank such outstanding amount.
(c) The Recipient Borrower may, upon notice to the AssociationBank, refund to the Association Bank all or any portion of the funds on deposit in the Special Accounts.
(d) Refunds to the Association Bank made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Loan Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the Loan Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an the amount equivalent to CFAF 1,000,000,000 of $1,000,000 in respect of the Special Account A for Parts A, B and C of the Project, an amount of $500,000 in respect of the Special Account for Part D of the Project, and an amount equivalent to CFAF 800,000,000 of $500,000 in respect of the Special Account Bfor Part E of the Project, to be withdrawn from the Grant Loan Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.
Appears in 1 contract
Samples: Loan Agreement
Special Accounts. 1. The Recipient Borrower shall open and maintain in FCFA dollars in a commercial bankbank acceptable to the Association two separate special deposit accounts, one in the name of the National Secretariat (the NS Special Account) and the other in the name of the Emergency HIV/AIDS Fund (the Fund Special Account), all on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accountsattachment. Except as the Association may otherwise specify by notice to the Borrower, namely:
(a) all withdrawals from the Credit Account shall be deposited by the Association into the respective Special Account A for Part A in accordance with the provisions of the Project; and (b) this Schedule. Payments out of each Special Account B shall be made exclusively for Part B Eligible Expenditures. For each payment made by the Borrower out of a Special Account, the ProjectBorrower shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
2. After the Association has received evidence satisfactory to it that the a Special Accounts have Account has been opened, withdrawals from the Grant Credit Account of amounts to be deposited into the Special Accounts Account shall be made as follows:
(a) if until the Recipient is not making Report-based DisbursementsAssociation shall have received (i) the first Project Management Report referred to in Section 4.02 (b) of this Agreement; and (ii) a request from the Borrower for withdrawal on the basis of Project Management Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if upon receipt by the Recipient is making Report-based DisbursementsAssociation of a Project Management Report pursuant to Section 4.02 (b) of this Agreement, accompanied by a request from the Borrower for withdrawal on the basis of Project Management Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1Schedule.
3. Payments out of the each Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the a Special AccountsAccount, the Recipient Borrower shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the any Special AccountsAccount:
(a) if the Association, Association determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.6 of this Schedule 1 adequately provide the information required for Report- based Disbursementspursuant to Section 4.02 of this Agreement;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Credit Account; or
(c) if the Recipient Borrower shall have failed to furnish to the Association, Association within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: of (iA) the records and accounts for the any Special Accounts; Account or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beProject Management Reports.
5. The Association shall not be required to make further deposits into the any Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient of its determination.
(a) If the Association determines at any time that any payment out of any of the Special Accounts was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the Special Accounts shall be made until the Recipient has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the Special Accounts will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the Special Accounts.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of this Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Grant Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.Section
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Recipient shall Borrower may, for the purposes of Categories (1), (2) (a) and (b), (3), and (5) set forth in Part A.1 of this Schedule, open and maintain in FCFA US Dollars a separate special deposit account (Special Account A) in its Central Bank, on terms and conditions satisfactory to the Association. The Borrower may, for the purposes of Category (2) (c) and (d) set forth in Part A.1 of this Schedule, open and maintain in US Dollars a separate special deposit account (Special Account B) in a commercial bank, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure or attachment.
2. The Borrower shall, within three (3) months of the Effective Date, take steps, in form and attachment two special deposit accountssubstance satisfactory to the Association, namely:
(a) to ensure rapid disbursement from Special Account A. Failing this, the Borrower shall promptly move Special Account A for Part A of to a commercial bank, on terms and conditions satisfactory to the Project; and (b) Special Account B for Part B of the ProjectAssociation, including appropriate protection against set-off, seizure or attachment.
23. After the Association has received evidence satisfactory to it that the respective Special Accounts have Account has been opened, withdrawals from the Grant Credit Account of amounts to be deposited into the respective Special Accounts Account shall be made as follows:
(a) if the Recipient Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
34. Payments out of the respective Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the respective Special AccountsAccount, the Recipient Borrower shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
45. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the respective Special AccountsAccount:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 of this Schedule 1 adequately provide the information required for Report- based Report-Based Disbursements;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Credit Account; or
(c) if the Recipient Borrower shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the respective Special AccountsAccount; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beBased Disbursements.
56. The Association shall not be required to make further deposits into the respective Special Accounts Account in accordance with the provisions of Part B.2 B.3 of this Schedule if, at any time, the Association shall have notified the Recipient Borrower and the Guarantor of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the respective Special Accounts Account may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower and the Guarantor of its determination.
(a) If the Association determines at any time that any payment out of any of the respective Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the respective Special Accounts Account shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the respective Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the respective Special AccountsAccount.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of this Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an the amount of $2,700,000 equivalent to CFAF 1,000,000,000 in respect and the amount of Special Account A and an amount $500,000 equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Grant Credit Account and deposited into the Special Accounts Account A and Special Account B respectively, pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A $1,350,000 and an amount equivalent to CFAF 400,000,000 in respect of the $250,000 for Special Account BA and Special Account B respectively, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,0002,700,000 and SDR 500,000 for Special Account A and Special Account B respectively.
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Recipient shall may open and maintain in FCFA Dollars the MNRT GEF Special Account and the MANREC GEF Special Account in a commercial bankbank acceptable to the Bank, on terms and conditions satisfactory to the AssociationBank, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association Bank has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the GEF Trust Fund Grant Account of amounts to be deposited into the Special Accounts shall be made as follows:
(a) if the Recipient is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the Special Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient out of the Special Accounts, the Recipient shall, at such time as the Association Bank shall reasonably request, furnish to the Association Bank such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association Bank shall not be required to make further deposits into the any Special AccountsAccount:
(a) if the AssociationBank, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report- Report-based Disbursements;
(b) if the Association Bank determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient directly from the GEF Trust Fund Grant Account; or
(c) if the Recipient shall have failed to furnish to the AssociationBank, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association Bank pursuant to said Section in respect of the audit of: (iA) the records and accounts for the Special Accounts; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association Bank shall not be required to make further deposits into the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association Bank shall have notified the Recipient of its intention to suspend in whole or in part the right of the Recipient to make withdrawals from the GEF Trust Fund Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association Bank shall determine, in its sole discretion, whether further deposits into the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient of its determination.
(a) If the Association Bank determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the AssociationBank, the Recipient shall, promptly upon notice from the AssociationBank, provide such additional evidence as the Association Bank may request, or deposit into the respective Special Account (or, if the Association Bank shall so request, refund to the AssociationBank) an amount equal to the amount of such payment. Unless the Association Bank shall otherwise agree, no further deposit by the Association Bank into the any Special Accounts Account shall be made until the Recipient has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association Bank determines at any time that any amount outstanding in the any Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient shall, promptly upon notice from the AssociationBank, refund to the Association Bank such outstanding amount.
(c) The Recipient may, upon notice to the AssociationBank, refund to the Association Bank all or any portion of the funds on deposit in the Special Accounts.
(d) Refunds to the Association Bank made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the GEF Trust Fund Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the GEF Trust Fund Grant Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an means
(a) with respect to the MNRT GEF Special Account, for Categories 1 (a), 2 (a), 3 (a), 4 (a), 5 (a) and 6, the amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, one million Dollars ($1,000,000) to be withdrawn from the GEF Trust Fund Grant Account and deposited into the said Special Accounts Account pursuant to paragraph 2 of this Annex; and
(b) with respect to the MANREC GEF Special Account, providedfor Categories 1 (b), however2 (b), that unless 3 (b), 4 (b) and 5 (b), the Association shall otherwise agree, amount of one million Dollars ($1,000,000) to be withdrawn from the GEF Trust Fund Grant Account and deposited into the said Special Account pursuant to paragraph 2 of this Annex.
2. Withdrawals of the Authorized Allocation and subsequent withdrawals to replenish the Special Accounts shall be limited made as follows:
(a) For withdrawals of the Authorized Allocation, the Recipient shall furnish to the Bank a request or requests for deposit into the respective Special Account of an amount equivalent or amounts which in the aggregate do not exceed the Authorized Allocation. On the basis of each such request, the Bank shall, on behalf of the Recipient, withdraw from the GEF Trust Fund Grant Account and deposit into the respective Special Account such amount as the Recipient shall have requested.
(b) For replenishment of the Special Accounts, the Recipient shall furnish to CFAF 500,000,000 the Bank requests for deposit into the respective Special Account at such intervals as the Bank shall specify. Prior to or at the time of each such request, the Recipient shall furnish to the Bank the documents and other evidence required pursuant to Part B.3 of Schedule 1 to this Agreement for the payment or payments in respect of which replenishment is requested. On the basis of each such request, the Bank shall, on behalf of the Recipient, withdraw from the GEF Trust Fund Grant Account and deposit into the respective Special Account A such amount as the Recipient shall have requested and an amount equivalent as shall have been shown by said documents and other evidence to CFAF 400,000,000 in respect have been paid out of the respective Special Account Bfor Eligible Expenditures. Each such deposit into the respective Special Account shall be withdrawn by the Bank from the GEF Trust Fund Grant Account under one or more of the Eligible Categories.
3. The Bank shall not be required to make further deposits into the respective Special Account, until once the aggregate total unwithdrawn amount of withdrawals from the Credit Account plus GEF Trust Fund Grant minus the total amount of all outstanding special commitments entered into by the Association Bank pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000twice the amount of the Authorized Allocation. Thereafter, withdrawal from the GEF Trust Fund Grant Account of the remaining unwithdrawn amount of the GEF Trust Fund Grant shall follow such procedures as the Bank shall specify by notice to the Recipient. Such further withdrawals shall be made only after and to the extent that the Bank shall have been satisfied that all such amounts remaining on deposit in the respective Special Account as of the date of such notice will be utilized in making payments for Eligible Expenditures.
1. Withdrawals from the GEF Trust Fund Grant Account shall be deposited by the Bank into the Special Accounts in accordance with the provisions of Schedule 1 to this Agreement. Each such deposit into the Special Accounts shall be withdrawn by the Bank from the GEF Trust Fund Grant Account under one or more of the Eligible Categories.
2. Upon receipt of each application for withdrawal of an amount of the GEF Trust Fund Grant, the Bank shall, on behalf of the Recipient, withdraw from the GEF Trust Fund Grant Account and deposit into the respective Special Account an amount equal to the lesser of: (a) the amount so requested; and (b) the amount which the Bank has determined, based on the reports referred to in Part A.5 of this Schedule 1 applicable to such withdrawal application, is required to be deposited in order to finance Eligible Expenditures during the quarter following the date of such reports.
Appears in 1 contract
Samples: Global Environment Facility Trust Fund Grant Agreement
Special Accounts. 1. The Recipient Borrower shall open and maintain in FCFA in a commercial bank, bank and on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment attachment, two separate special deposit accounts, namely:
accounts in CFAF. The first such special deposit account (a) Special Account A A) shall be used for Part A withdrawals made in respect of the Project; and Subprojects carried out by Communities pursuant to paragraph 4 of Schedule 4 to this Agreement. The second such special deposit account (b) Special Account B B) shall be used for Part B of all other withdrawals made for expenditures under the Project.
2. After the Association has received evidence satisfactory to it that the a Special Accounts have Account has been opened, withdrawals from the Grant Credit Account of amounts to be deposited into the said Special Accounts Account shall be made as follows:
(a) if until the Recipient is not making Report-based DisbursementsAssociation shall have received: (i) the first Project Management Report referred to in Section 4.02 (b) of this Agreement; and (ii) a request from the Borrower for withdrawal on the basis of Project Management Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if upon receipt by the Recipient is making Report-based DisbursementsAssociation of a Project Management Report pursuant to Section 4.02 (b) of this Agreement, accompanied by a request from the Borrower for withdrawal on the basis of Project Management Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the each Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the a Special AccountsAccount, the Recipient Borrower shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the any Special AccountsAccount:
(a) if the Association, Association determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.6 of this Schedule 1 adequately provide the information required for Report- based Disbursementspursuant to Section 4.02 of this Agreement;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Credit Account; or
(c) if the Recipient Borrower shall have failed to furnish to the Association, Association within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the any Special AccountsAccount; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beProject Management Reports.
5. The Association shall not be required to make further deposits into the any Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower of its determination.
(a) If the Association determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective said Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the any Special Accounts Account shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the any Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the a Special AccountsAccount.
(d) Refunds to the Association made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the Development Credit Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Grant Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.:
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Recipient shall Borrower may open and maintain in FCFA CFAF two special deposit accounts (Special Account A and Special Account B) in a commercial bankBank acceptable to the Association, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Grant Credit Account of amounts to be deposited into the Special Accounts shall be made as follows:
(a) if the Recipient Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the Special Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the Special Accounts, the Recipient Borrower shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the Special Accounts:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report- based Disbursements;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Credit Account; or
(c) if the Recipient Borrower shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the Special AccountsAccount; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association shall not be required to make further deposits into the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower of its determination.
(a) If the Association determines at any time that any payment out of any of the Special Accounts was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account Accounts (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the Special Accounts shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the Special Accounts will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the Special Accounts.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the Development Credit Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Grant Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Recipient shall Borrower and the Participating States which have established their respective PFMU may each open and maintain in FCFA Dollars a special deposit account (Federal Special Account and State Special Accounts A, B, and C, respectively) in a commercial bankBank acceptable to the Association, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association has received evidence satisfactory to it that the respective Special Accounts have Account has been opened, withdrawals from the Grant Credit Account of amounts to be deposited into the respective Special Accounts Account shall be made as follows:
(a) if the Recipient Borrower is not making Report-based Based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient Borrower is making Report-based Based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the respective Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower or a Participating State out of the Federal Special AccountsAccount or its State Special Account, respectively, the Recipient Borrower or the Participating State shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the respective Special AccountsAccount if:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report- based Report-Based Disbursements;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower or a Participating State directly from the Grant Credit Account; or
(c) if the Recipient Borrower or a Participating State shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the respective Special AccountsAccount; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association shall not be required to make further deposits into the respective Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient of Borrower or a Participating State its intention to suspend in whole or in part the right of the Recipient Borrower or Participating State to make withdrawals from the Grant Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the respective Special Accounts Account may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower and the Participating State of its determination.
(a) If the Association determines at any time that any payment out of any of the respective Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient Borrower or Participating State shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the respective Special Accounts Account shall be made until the Recipient Borrower or Participating State has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the respective Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower or Participating State shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient Borrower or Participating State may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the respective Special AccountsAccount.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of this Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Grant Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.:
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Recipient shall Borrower may open and maintain in FCFA Dollars: (a) a DA Special Account; (b) a DA Regional Field Unit 6 Special Account; (c) a DA Regional Field Unit 7 Special Account; (d) a DA Regional Field Unit 10 Special Account; and (e) a DA CAR Regional Field Unit Special Account; each in a commercial bank, bank specifically authorized for this purpose by the Bangko Sentral ng Pilipinas on terms and conditions satisfactory to the AssociationBank, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association Bank has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Grant Loan Account of amounts to be deposited into the Special Accounts shall be made as follows:
(a) if the Recipient Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the Special Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the Special Accounts, the Recipient Borrower shall, at such time as the Association Bank shall reasonably request, furnish to the Association Bank such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association Bank shall not be required to make further deposits into the Special Accounts:
(a) if the AssociationBank, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report- Report-based Disbursements;
(b) if the Association Bank determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Loan Account; or
(c) if the Recipient Borrower shall have failed to furnish to the AssociationBank, within the period of time specified in Section 4.01 (b) (iib)(ii) of this Agreement, any of the audit reports required to be furnished to the Association Bank pursuant to said Section in respect of the audit of: (iA) the records and accounts for the Special Accounts; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association Bank shall not be required to make further deposits into the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association Bank shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Loan Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association Bank shall determine, in its sole discretion, whether further deposits into the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower and the Guarantor of its determination.
(a) If the Association Bank determines at any time that any payment out of any of the Special Accounts was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the AssociationBank, the Recipient Borrower shall, promptly upon notice from the AssociationBank, provide such additional evidence as the Association Bank may request, or deposit into the respective Special Account Accounts (or, if the Association Bank shall so request, refund to the AssociationBank) an amount equal to the amount of such payment. Unless the Association Bank shall otherwise agree, no further deposit by the Association Bank into the Special Accounts shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association Bank determines at any time that any amount outstanding in the Special Accounts will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the AssociationBank, refund to the Association Bank such outstanding amount.
(c) The Recipient Borrower may, upon notice to the AssociationBank, refund to the Association Bank all or any portion of the funds on deposit in the Special Accounts.
(d) Refunds to the Association Bank made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Loan Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the Loan Agreement.
1. For the purposes of this Annex, the term “Authorized Allocationeligible Categories” means an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Grant Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.means:
Appears in 1 contract
Samples: Loan Agreement
Special Accounts. 1. The Recipient shall NEPA and BPE may each open and maintain in FCFA Dollars a special deposit account in a commercial bankbank acceptable to the Association and the Borrower, on terms and conditions satisfactory to the AssociationAssociation and the Borrower, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association has received evidence satisfactory to it that the respective Special Accounts have Account has been opened, withdrawals from the Grant Credit Account of amounts to be deposited into the respective Special Accounts Account shall be made as follows:
(a) with respect to the BPE component where if the Recipient Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if with respect to the Recipient NEPA components where the Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the respective Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient BPE or NEPA out of the BPE Special AccountsAccount or the NEPA Special Account, the Recipient BPE or NEPA shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the respective Special AccountsAccount:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report- Report-based Disbursements;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower or a Participating State directly from the Grant Credit Account; or
(c) if the Recipient BPE or NEPA shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the respective Special AccountsAccount; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association shall not be required to make further deposits into the respective Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the respective Special Accounts Account may be made and what procedures should be followed for making such deposits, and shall notify the Recipient BPE and NEPA of its determination.
(a) If the Association determines at any time that any payment out of any of the respective Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient shallBPE or NEPA, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the respective Special Accounts Account shall be made until the Recipient BPE or NEPA has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the respective Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient BPE or NEPA shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient BPE or NEPA may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the respective Special AccountsAccount.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the Credit Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means in respect of the BPE Special Account, an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, $380,000 to be withdrawn from the Grant Credit Account and deposited into the said Special Accounts Account pursuant to paragraph 2 of this Annex, ; provided, however, that that, unless the Association shall otherwise agree, the said Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B$200,000, until the aggregate amount of withdrawals from the Credit Account of amounts allocated to said Special Account’s Eligible Categories, plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions in respect of amounts allocated to said Categories, shall be equal to or exceed the equivalent of SDR 4,000,000$700,000.
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Recipient shall Borrower may, for the purpose of the Project:
(a) open and maintain in FCFA Taka, a separate special deposit account in the name of BWDB (the BWDB Special Account) in a commercial bankbank acceptable to the Association, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:attachment; and
(a) Special Account A for Part A of the Project; and (b) open and maintain in Taka, a separate special deposit account in the name of WARPO (the WARPO Special Account B for Part B of Account) in a commercial bank acceptable to the ProjectAssociation, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment.
2. After the Association has received evidence satisfactory to it that the respective Special Accounts Account have been opened, withdrawals from the Grant Credit Account of amounts to be deposited into the respective Special Accounts Account shall be made as follows:
(a) if the Recipient Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the respective Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the respective Special AccountsAccount, the Recipient Borrower shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the respective Special AccountsAccount:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 of this Schedule 1 adequately provide the information required for Report- based Disbursements;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Credit Account; or
(c) if the Recipient Borrower shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (iib(ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the respective Special AccountsAccount; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-Report- based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association shall not be required to make further deposits into the respective Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the respective Special Accounts Account may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower of its determination.
(a) If the Association determines at any time that any payment out of any of the respective Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the respective Special Accounts Account shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the respective Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the respective Special AccountsAccount.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the Credit Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 Tk. 250,000,000 in respect of BWDB Special Account A and an amount equivalent to CFAF 800,000,000 Tk. 10,000,000 in respect of WARPO Special Account BAccount, to be withdrawn from the Grant Credit Account and deposited into the respective Special Accounts pursuant to paragraph 2 2(a) of this AnnexSchedule, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 Tk. 125,000,000 in respect of the BWDB Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account allocated to Categories 1(a), 1(b), 2(a), 3(a), 4(a) and 5(a) plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,00013,000,000.
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Recipient shall may open and maintain in FCFA Dollars two (2) special deposit accounts (Special Account A (PCU) in a commercial bankrespect of activities to be financed under Parts C.1, 2, and 3 (a) of the Project, and Special Account B (ASSETIP) in respect of activities to be financed under Parts A, B, and C.3 (b) of the Project, respectively) in the Central Bank of Rwanda, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Project.
2. After the Association has received evidence satisfactory to it that the respective Special Accounts have been opened, withdrawals from the Grant Account of amounts to be deposited into the respective Special Accounts shall be made as follows:
(a) if the Recipient is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the respective Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient out of the respective Special AccountsAccount, the Recipient shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the respective Special AccountsAccount:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.4 of this Schedule 1 adequately provide the information required for Report- Report-based Disbursements;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient directly from the Grant Account; or
(c) if the Recipient shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the respective Special Accounts; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association shall not be required to make further deposits into the respective Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient of its intention to suspend in whole or in part the right of the Recipient to make withdrawals from the Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the respective Special Accounts Account may be made and what procedures should be followed for making such deposits, and shall notify the Recipient of its determination.
(a) If the Association determines at any time that any payment out of any of the respective Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the Special Accounts Account shall be made until the Recipient has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the respective Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the respective Special AccountsAccount.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of this Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Grant Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.
Appears in 1 contract
Samples: Development Grant Agreement
Special Accounts. 1. The Recipient shall Borrower may, for the purposes of each of: (i) Parts A and B open and maintain in FCFA United States dollars a separate special deposit account in its Central Bank on terms and conditions satisfactory to the Association (Special Account for Parts A and B of the Project); and (ii) Part C of the Project, open and maintain in United States dollars a separate special deposit account in a commercial bank, bank on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and or attachment two special deposit accounts, namely:
(a) Special Account A for Part A C of the Project; and (b) Special Account B for Part B of the Project).
2. After the Association has received evidence satisfactory to it that the respective Special Accounts have Account has been opened, withdrawals from the Grant Credit Account of amounts to be deposited into the respective Special Accounts Account shall be made as follows:
(a) if the Recipient Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the respective Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the Special AccountsAccount, the Recipient Borrower shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the any Special AccountsAccount:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report- Report-based Disbursements;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Credit Account; or
(c) if the Recipient Borrower shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b4.01(b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the Special Accounts; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association shall not be required to make further deposits into the any Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the any Special Accounts Account may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower of its determination.
(a) If the Association determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the any Special Accounts Account shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the any Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the Special Accounts.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the Credit Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an the amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, US$800,000 to be withdrawn from the Grant Credit Account and deposited into the Special Accounts Account for Parts A and B of the Project pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Recipient Borrower shall open and maintain in FCFA Dollars three separate special deposit accounts set forth herein: (a) Special Account A, managed by the Borrower for MOE; (b) Special Account B, managed by KenGen upon proper authorization by the Borrower; and (c) Special Account C, managed by KPLC upon proper authorization by the Borrower; in a commercial bankbank or commercial banks acceptable to the Association, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Grant Credit Account of amounts to be deposited into the each Special Accounts Account shall be made as follows:
(a) if in respect of Special Account A, for which the Recipient Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient in respect of Special Accounts B and C, for which KenGen and KPLC each is making to request Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the each Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower, KenGen and KPLC out of the their respective Special AccountsAccount, the Recipient Borrower, KenGen and KPLC shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the Special Accounts:
(a) if Accounts B and C: If the Association, at any time, is not satisfied that the reports referred to in Part A.6 of this Schedule 1 adequately provide the information required for Report- Report-based Disbursements;
(b) if ; If the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Credit Account; or
(c) if the Recipient or If KenGen or KPLC shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, and Section 4.02 of each Project Agreement any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (i) the records and accounts for the Special AccountsAccount; or (ii) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association shall not be required to make further deposits into any of the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right either of the Recipient Borrower, KenGen or KPLC or of all three of them to make withdrawals from for the Grant Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into any or all of the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower of its determination.
(a) If the Association determines at any time that any payment out of any of the Special Accounts was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account concerned (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the such Special Account or Accounts shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the a Special Accounts Account will not be required to cover payments for Eligible Expenditures during the sixthree-month period following such determination, the Recipient Borrower shall, promptly upon notice from the AssociationBorrower, refund to the Association such outstanding amount.
(c) The Recipient Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the a Special AccountsAccount.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the Credit Agreement.
1. For the purposes of this Annex, the term ““ Authorized Allocation” means an the amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, $250,000 to be withdrawn from the Grant Credit Account and deposited into the Special Accounts Account A pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Recipient shall Borrower may, for the purposes of Categories (1), (2) (a) and (b), (3), and (5) set forth in Part A.1 of this Schedule, open and maintain in FCFA US Dollars a separate special deposit account (Special Account A) in its Central Bank, on terms and conditions satisfactory to the Association. The Borrower may, for the purposes of Category (2) (c) and (d) set forth in Part A.1 of this Schedule, open and maintain in US Dollars a separate special deposit account (Special Account B) in a commercial bank, on terms and conditions satisfactory to the Association, including appropriate protection against set- off, seizure or attachment.
2. The Borrower shall, within three (3) months of the Effective Date, take steps, in form and substance satisfactory to the Association, to ensure rapid disbursement from Special Account A. Failing this, the Borrower shall promptly move Special Account A to a commercial bank, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projector attachment.
23. After the Association has received evidence satisfactory to it that the respective Special Accounts have Account has been opened, withdrawals from the Grant Credit Account of amounts to be deposited into the respective Special Accounts Account shall be made as follows:
(a) if the Recipient Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
34. Payments out of the respective Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the respective Special AccountsAccount, the Recipient Borrower shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
45. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the respective Special AccountsAccount:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 of this Schedule 1 adequately provide the information required for Report- based Based Disbursements;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Credit Account; or
(c) if the Recipient Borrower shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the respective Special AccountsAccount; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beReport- Based Disbursements.
56. The Association shall not be required to make further deposits into the respective Special Accounts Account in accordance with the provisions of Part B.2 B.3 of this Schedule if, at any time, the Association shall have notified the Recipient Borrower and the Guarantor of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the respective Special Accounts Account may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower and the Guarantor of its determination.
(a) If the Association determines at any time that any payment out of any of the respective Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the respective Special Accounts Account shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the respective Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the respective Special AccountsAccount.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of this Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an the amount of $2,700,000 equivalent to CFAF 1,000,000,000 in respect and the amount of Special Account A and an amount $500,000 equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Grant Credit Account and deposited into the Special Accounts Account A and Special Account B respectively, pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A $1,350,000 and an amount equivalent to CFAF 400,000,000 in respect of the $250,000 for Special Account BA and Special Account B respectively, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,0002,700,000 and SDR 500,000 for Special Account A and Special Account B respectively.
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. (a) The Recipient Borrower shall open and maintain in FCFA dollars in a commercial bank and on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment, four separate special deposit accounts for MEMD/REA, PSF, UCC and BOU respectively.
(b) The Borrower shall open and maintain in dollars for MEMD and the Borrower’s ministries of Finance, Agriculture, Health, Education, Water, and Local Government participating in the Project, an advance account (the Advance Account) in a commercial bank, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A attachment. Each of the Project; Advance Accounts shall be used by MEMD and (b) Special Account B each of the ministries concerned exclusively for Part B the carrying out of the Project.
2. After the Association has received evidence satisfactory to it that the a Special Accounts have Account has been opened, withdrawals from the Grant Credit Account of amounts to be deposited into the said Special Accounts Account shall be made as follows:
(a) if until the Recipient is not making Report-based DisbursementsAssociation shall have received: (i) the first Project Management Report referred to in Section 4.02 (b) of this Agreement, and (ii) a request from the Borrower for withdrawal on the basis of Project Management Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if upon receipt by the Recipient is making Report-based DisbursementsAssociation of a Project Management Report pursuant to Section 4.02 (b) of this Agreement, accompanied by a request from the Borrower for withdrawal on the basis of Project Management Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the each Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the a Special AccountsAccount, the Recipient Borrower shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the any Special AccountsAccount:
(a) if the Association, Association determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.6 of this Schedule 1 adequately provide the information required for Report- based Disbursementspursuant to Section 4.02 of this Agreement;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Credit Account; or
(c) if the Recipient Borrower shall have failed to furnish to the Association, Association within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: of (iA) the records and accounts for the any Special Accounts; Account or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beProject Management Reports.
5. The Association shall not be required to make further deposits into the any Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower of its determination.
(a) If the Association determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective said Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the any Special Accounts Account shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the any Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the a Special AccountsAccount.
(d) Refunds to the Association made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the Development Credit Agreement.
(a) The Borrower shall (in accordance with the procedures set out in the Financial Management and Procurement Plan and subject to the submission to the Borrower by the implementing agencies participating in the Project of their respective annual work programs and business plans) withdraw from the Special Accounts and deposit into each Advance Account, the respective Advance Account required for the Eligible Expenditures of the Project.
(b) Payment out of any Advance Account shall only be made for Eligible Expenditures.
(c) In the event that the Association, after consultation with the Borrower, determines that any outstanding amount in any Advance Account is not required to cover payments for Eligible Expenditures, the implementing agencies, upon notice from the Association shall promptly refund such outstanding amount to the Special Account.
1. For the purposes of this Annex, the term “Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Grant Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.:
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Recipient shall open and maintain in FCFA in a commercial bank, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Project.
2. After the Association has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Grant Account of amounts to be deposited into the Special Accounts shall be made as follows:
(a) if the Recipient is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the Special Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient out of the Special Accounts, the Recipient shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the Special Accounts:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 of this Schedule 1 adequately provide the information required for Report- Report-based Disbursements;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient directly from the Grant Account; or
(c) if the Recipient shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (i) the records and accounts for the Special Accounts; or (ii) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association shall not be required to make further deposits into the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient of its intention to suspend in whole or in part the right of the Recipient to make withdrawals from the Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient of its determination.
(a) If the Association determines at any time that any payment out of any of the Special Accounts was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the Special Accounts shall be made until the Recipient has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the Special Accounts will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the Special Accounts.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of this Agreement.. When Withdrawals Are Not Report-based Disbursements
1. For the purposes of this Annex, the term “Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Grant Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.
Appears in 1 contract
Samples: Development Grant Agreement
Special Accounts. 1. The Recipient shall Borrower may open and maintain in FCFA Dollars two separate special deposit accounts, one for Part A through D of the Project (Special Account A) and one for Part E of the Project (Special Account B), each in a commercial bankbank acceptable to the Association, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Grant Credit Account of amounts to be deposited into the Special Accounts shall be made as follows:
(a) if the Recipient Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the Special Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the Special AccountsAccount, the Recipient Borrower shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the Special AccountsAccount:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report- Report-based Disbursements;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Credit Account; or
(c) if the Recipient Borrower shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the Special Accounts; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association shall not be required to make further deposits into the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower of its determination.
(a) If the Association determines at any time that any payment out of any of the Special Accounts was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the any Special Accounts Account shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the any Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-six- month period following such determination, the Recipient Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the Special Accounts.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the Credit Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an the amount equivalent to CFAF 1,000,000,000 of $ 9,000,000, in respect of Special Account A and an the amount equivalent to CFAF 800,000,000 of $ 4,000,000, in respect of Special Account B, B to be withdrawn from the Grant Credit Account and deposited into the Special Accounts pursuant to paragraph 2 (a) of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 $ 5,750,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account for the purposes of expenditures carried out under Part A through D of the Project, plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions for Parts A through D of the Project, shall be equal to or exceed the equivalent of SDR 4,000,00012,000,000.
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Recipient shall may open and maintain in FCFA Dollars two (2) special deposit accounts (Special Account A (PCU) in a commercial bankrespect of activities to be financed under Parts C.1, 2, and 3 (a) of the Project, and Special Account B (ASSETIP) in respect of activities to be financed under Parts A, B, and C.3 (b) of the Project, respectively) in the Central Bank of Rwanda, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Project.
2. After the Association has received evidence satisfactory to it that the respective Special Accounts have been opened, withdrawals from the Grant Account of amounts to be deposited into the respective Special Accounts shall be made as follows:
(a) if the Recipient is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the respective Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient out of the respective Special AccountsAccount, the Recipient shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the respective Special AccountsAccount:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.4 of this Schedule 1 adequately provide the information required for Report- Report-based Disbursements;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient directly from the Grant Account; or
(c) if the Recipient shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the respective Special Accounts; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association shall not be required to make further deposits into the respective Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient of its intention to suspend in whole or in part the right of the Recipient to make withdrawals from the Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the respective Special Accounts Account may be made and what procedures should be followed for making such deposits, and shall notify the Recipient of its determination.
(a) If the Association determines at any time that any payment out of any of the respective Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the Special Accounts Account shall be made until the Recipient has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the respective Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the respective Special AccountsAccount.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of this Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Grant Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.means:
Appears in 1 contract
Samples: Development Grant Agreement
Special Accounts. 1. The Recipient shall may open and maintain in FCFA CFA Francs two separate special deposit accounts, one for Part A of the Project (Special Account A), and one for Parts B, C and D of the Project (Special Account B) in a commercial bankbank acceptable to the Bank, on terms and conditions satisfactory to the AssociationBank, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association Bank has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the GEF Trust Fund Grant Account of amounts to be deposited into the Special Accounts shall be made as follows:
(a) if the Recipient is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the Special Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient out of the Special Accounts, the Recipient shall, at such time as the Association Bank shall reasonably request, furnish to the Association Bank such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association Bank shall not be required to make further deposits into any of the Special Accounts:
(a) if the AssociationBank, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report- Report-based Disbursements;
(b) if the Association Bank determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient directly from the GEF Trust Fund Grant Account; or
(c) if the Recipient shall have failed to furnish to the AssociationBank, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association Bank pursuant to said Section in respect of the audit of: (iA) the records and accounts for the relevant Special AccountsAccount; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association Bank shall not be required to make further deposits into the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association Bank shall have notified the Recipient of its intention to suspend in whole or in part the right of the Recipient to make withdrawals from the GEF Trust Fund Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association Bank shall determine, in its sole discretion, whether further deposits into the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient of its determination.
(a) If the Association Bank determines at any time that any payment out of any of the Special Accounts was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the AssociationBank, the Recipient shall, promptly upon notice from the AssociationBank, provide such additional evidence as the Association Bank may request, or deposit into the respective appropriate Special Account (or, if the Association Bank shall so request, refund to the AssociationBank) an amount equal to the amount of such payment. Unless the Association Bank shall otherwise agree, no further deposit by the Association Bank into the such Special Accounts Account shall be made until the Recipient has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association Bank determines at any time that any amount outstanding in the Special Accounts will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient shall, promptly upon notice from the AssociationBank, refund to the Association Bank such outstanding amount.
(c) The Recipient may, upon notice to the AssociationBank, refund to the Association Bank all or any portion of the funds on deposit in the Special Accounts.
(d) Refunds to the Association Bank made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the GEF Trust Fund Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the GEF Trust Fund Grant Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Grant Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.:
Appears in 1 contract
Samples: Global Environment Facility Trust Fund Grant Agreement
Special Accounts. 1. The Recipient shall Borrower may, for the purpose of the Project:
(a) open and maintain in FCFA Taka, a separate special deposit account in the name of BWDB (the BWDB Special Account) in a commercial bankbank acceptable to the Association, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:attachment; and
(a) Special Account A for Part A of the Project; and (b) open and maintain in Taka, a separate special deposit account in the name of WARPO (the WARPO Special Account B for Part B of Account) in a commercial bank acceptable to the ProjectAssociation, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment.
2. After the Association has received evidence satisfactory to it that the respective Special Accounts Account have been opened, withdrawals from the Grant Credit Account of amounts to be deposited into the respective Special Accounts Account shall be made as follows:
(a) if the Recipient Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the respective Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the respective Special AccountsAccount, the Recipient Borrower shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the respective Special AccountsAccount:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 of this Schedule 1 adequately provide the information required for Report- Report-based Disbursements;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Credit Account; or
(c) if the Recipient Borrower shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (iib(ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the respective Special AccountsAccount; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association shall not be required to make further deposits into the respective Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the respective Special Accounts Account may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower of its determination.
(a) If the Association determines at any time that any payment out of any of the respective Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the respective Special Accounts Account shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the respective Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the respective Special AccountsAccount.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the Credit Agreement.. Operation of Special Accounts
1. For the purposes of this Annex, the term “Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 Tk. 250,000,000 in respect of BWDB Special Account A and an amount equivalent to CFAF 800,000,000 Tk. 10,000,000 in respect of WARPO Special Account BAccount, to be withdrawn from the Grant Credit Account and deposited into the respective Special Accounts pursuant to paragraph 2 2(a) of this AnnexSchedule, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 Tk. 125,000,000 in respect of the BWDB Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account allocated to Categories 1(a), 1(b), 2(a), 3(a), 4(a) and 5(a) plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,00013,000,000.
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Recipient shall open and maintain in FCFA in a commercial bank, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Project.
2. After the Association has received evidence satisfactory to it that the Special Accounts Account A and Special Account B have been opened, withdrawals from the Grant Credit Account of amounts to be deposited into the Special Accounts shall be made as follows:
(a) if the Recipient Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
32. Payments out of the Special Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the Special Accounts, the Recipient Borrower shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
43. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the Special Accounts:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report- based Disbursements;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Credit Account; or
(c) if the Recipient Borrower shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the Special AccountsAccount; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
54. The Association shall not be required to make further deposits into the Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the Special Accounts Account may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower of its determination.
(a) If the Association determines at any time that any payment out of any of the Special Accounts was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account Accounts (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the Special Accounts shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the Special Accounts will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the Special Accounts.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of this Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an the amount equivalent of $ 400,000 allocated to CFAF 1,000,000,000 in respect Parts B and C of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, the Project to be withdrawn from the Grant Credit Account and deposited into the Special Accounts Account B pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Recipient shall Borrower may open and maintain in FCFA Dollars two separate special deposit accounts, one for Part A through D of the Project (Special Account A) and one for Part E of the Project (Special Account B), each in a commercial bankbank acceptable to the Association, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Grant Credit Account of amounts to be deposited into the Special Accounts shall be made as follows:
(a) if the Recipient Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the Special Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the Special AccountsAccount, the Recipient Borrower shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the Special AccountsAccount:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report- Report-based Disbursements;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Credit Account; or
(c) if the Recipient Borrower shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the Special Accounts; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association shall not be required to make further deposits into the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower of its determination.
(a) If the Association determines at any time that any payment out of any of the Special Accounts was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the any Special Accounts Account shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the any Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the Special Accounts.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the Credit Agreement.. Operation of Special Account
1. For the purposes of this Annex, the term “Authorized Allocation” means an the amount equivalent to CFAF 1,000,000,000 of $ 9,000,000, in respect of Special Account A and an the amount equivalent to CFAF 800,000,000 of $ 4,000,000, in respect of Special Account B, B to be withdrawn from the Grant Credit Account and deposited into the Special Accounts pursuant to paragraph 2 (a) of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 $ 5,750,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account for the purposes of expenditures carried out under Part A through D of the Project, plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions for Parts A through D of the Project, shall be equal to or exceed the equivalent of SDR 4,000,00012,000,000.
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Recipient shall Borrower may open and maintain in FCFA Dollars two separate special deposit accounts: (i) TPA Special Account for Part C.1 of the Project; (ii) SUMATRA Special Account for Parts C.2, C. 3 and C.4 of the Project, all in a commercial bankBank acceptable to the Association, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Grant Credit Account of amounts to be deposited into the Special Accounts shall be made as follows:
(a) if the Recipient Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the each Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the a Special AccountsAccount, the Recipient Borrower shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the any Special AccountsAccount:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report- Report-based Disbursements;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Credit Account; or
(c) if the Recipient Borrower shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the any Special AccountsAccount; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association shall not be required to make further deposits into the any Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower of its determination.
(a) If the Association determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective said Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the any Special Accounts Account shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the any Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the a Special AccountsAccount.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the Credit Agreement.
1. For the purposes of this Annex, Annex the term “Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Grant Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.means:
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Recipient shall Borrower may open and maintain in FCFA Dollars: (a) Special Deposit Account A in a respect of the Agency for Development Programs of Odessa; (b) Special Deposit Account B in respect of Chernihivvodokanal Utility; (c) Special Deposit Account C in respect of Ivano-Frankivskvodoecotechprom Utility; and (d) Special Deposit Account D under Part C of the Project, implemented by the MHCS in respect of the Utilities to be Selected, and Municipalities; all in commercial bankbanks acceptable to the Bank, on terms and conditions satisfactory to the AssociationBank, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association Bank has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Grant Loan Account of amounts to be deposited into the Special Accounts shall be made as follows:
(a) if the Recipient Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the Special Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the Special AccountsAccount, the Recipient Borrower shall, at such time as the Association Bank shall reasonably request, furnish to the Association Bank such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association Bank shall not be required to make further deposits into the Special Accounts:
(a) if the AssociationBank, at any time, is not satisfied that the reports referred to in Part A.6 A.4 of this Schedule 1 adequately provide the information required for Report- Report-based Disbursements;
(b) if the Association Bank determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Loan Account; or
(c) if the Recipient Borrower shall have failed to furnish to the AssociationBank, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association Bank pursuant to said Section in respect of the audit of: :
(iA) the records and accounts for the Special Accounts; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association Bank shall not be required to make further deposits into the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association Bank shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Loan Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association Bank shall determine, in its sole discretion, whether further deposits into the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower of its determination.
(a) If the Association Bank determines at any time that any payment out of any of the Special Accounts was were made for an expenditure expenditures which is are not an Eligible Expenditure, or was were not justified by the evidence furnished to the AssociationBank, the Recipient Borrower shall, promptly upon notice from the AssociationBank, provide such additional evidence as the Association Bank may request, or deposit into the respective Special Account Accounts (or, if the Association Bank shall so request, refund to the AssociationBank) an amount equal to the amount of such payment. Unless the Association Bank shall otherwise agree, no further deposit by the Association Bank into the Special Accounts shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association Bank determines at any time that any amount outstanding in the Special Accounts will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the AssociationBank, refund to the Association Bank such outstanding amount.
(c) The Recipient Borrower may, upon notice to the AssociationBank, refund to the Association Bank all or any portion of the funds on deposit in the Special Accounts.
(d) Refunds to the Association Bank made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Loan Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the Loan Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an the amount equivalent to CFAF 1,000,000,000 of $3,500,000 in respect of Special Account A and an A, the amount equivalent to CFAF 800,000,000 of $1,400,000 in respect of Special Account B, the amount of $1,000,000 in respect of Special Account C and the amount of $7,600,000 in respect of Special Account D, to be withdrawn from the Grant Loan Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.
Appears in 1 contract
Samples: Loan Agreement
Special Accounts. 1. The Recipient Borrower shall open and maintain in FCFA CFA Francs three separate special deposit accounts, one for Parts A, B.3, C, D and E of the Project, one for Part B.1 of the Project and one for Part B.2 of the Project, in a commercial bank, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association has received evidence satisfactory to it that the a Special Accounts have Account has been opened, withdrawals from the Grant Credit Account of amounts to be deposited into the said Special Accounts Account shall be made as follows:
(a) if until the Recipient is not making Report-based DisbursementsAssociation shall have received: (i) the first Project Management Report referred to in Section 4.02 (b) of this Agreement; and (ii) a request from the Borrower for withdrawal on the basis of Project Management Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if upon receipt by the Recipient is making Report-based DisbursementsAssociation of a Project Management Report pursuant to Section 4.02 (b) of this Agreement, accompanied by a request from the Borrower for withdrawal on the basis of Project Management Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the each Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the a Special AccountsAccount, the Recipient Borrower shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the any Special AccountsAccount:
(a) if the Association, Association determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.6 of this Schedule 1 adequately provide the information required for Report- based Disbursementspursuant to Section 4.02 of this Agreement;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Credit Account; or
(c) if the Recipient Borrower shall have failed to furnish to the Association, Association within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the any Special Accounts; Account, or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beProject Management Reports.
5. The Association shall not be required to make further deposits into the any Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower of its determination.
(a) If the Association determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective said Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the any Special Accounts Account shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the any Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the a Special AccountsAccount.
(d) Refunds to the Association made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the Development Credit Agreement.
1. For the purposes of this Annex, Annex the term “"Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 " means: (i) in respect of the Special Account A for Parts A, B.3, C, D and E of the Project, an amount equivalent to CFAF 800,000,000 in respect of Special Account B, CFA Francs 500,000,000 to be withdrawn from the Grant Credit Account and deposited into the Special Accounts Account pursuant to paragraph 2 of this Annex, ; provided, however, that that, unless the Association shall otherwise agree, the said Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account BCFA Francs 250,000,000, until the aggregate amount of withdrawals from the Credit Account of amounts allocated to said Special Account’s Eligible Categories, plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions in respect of amounts allocated to said Categories, shall be equal to or exceed the equivalent of SDR 4,000,0003,000,000; (ii) in respect of the Special Account for Part B.1 of the Project, an amount of CFA Francs 500,000,000 to be withdrawn from the Credit Account and deposited into the Special Account pursuant to paragraph 2 of this Annex; provided, however, that, unless the Association shall otherwise agree, said Authorized Allocation shall be limited to an amount of CFA Francs 250,000,000, until the aggregate amount of withdrawals from the Loan Account of amounts allocated to said Special Account’s Eligible Category, plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions in respect of amounts allocated to said Category, shall equal or exceed the equivalent of SDR 3,000,000; and (iii) in respect of the Special Account for Part B.2 of the Project, an amount of CFA Francs 140,000,000 to be withdrawn from the Credit Account and deposited into the Special Account pursuant to paragraph 2 of this Annex; provided, however, that, unless the Association shall otherwise agree, said Authorized Allocation shall be limited to an amount of CFA Francs 70,000,000, until the aggregate amount of withdrawals from the Loan Account of amounts allocated to said Special Account’s Eligible Category, plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions in respect of amounts allocated to said Category, shall equal or exceed the equivalent of SDR 3,000,000.
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Recipient shall Borrower may open and maintain in FCFA Dollars special deposit accounts (Special Account A in respect of Categories (5) and (6) of the table in Part A.1 of this Schedule, and Special Account B in respect of Categories (1)-(4) and (7)-(9) of the table in Part A.1 of this Schedule) in a commercial bankbank acceptable to the Association, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association has received evidence satisfactory to it that the respective Special Accounts have Account has been opened, withdrawals from the Grant Credit Account of amounts to be deposited into the respective Special Accounts Account shall be made as follows:
(a) if the Recipient Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the respective Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the respective Special AccountsAccount, the Recipient Borrower shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the respective Special AccountsAccount:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report- Report-based Disbursements;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Credit Account; or
(c) if the Recipient Borrower shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the respective Special AccountsAccount; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association shall not be required to make further deposits into the respective Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the respective Special Accounts Account may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower of its determination.
(a) If the Association determines at any time that any payment out of any of the respective Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the respective Special Accounts Account shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the respective Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the respective Special AccountsAccount.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of this Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Grant Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.means:
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Recipient shall Borrower may open and maintain maintain, in FCFA Dollars, Special Account A and B in a commercial bankbank acceptable to the Association, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Grant Credit Account of amounts to be deposited into the Special Accounts shall be made as follows:
(a) if the Recipient Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the respective Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the respective Special AccountsAccount, the Recipient Borrower shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the any Special AccountsAccount:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report- Report-based Disbursements;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Credit Account; or
(c) if the Recipient Borrower shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the Special Accounts; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association shall not be required to make further deposits into the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient Borrower and the Guarantor of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower and the Guarantor of its determination.
(a) If the Association determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the any Special Accounts Account shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the any Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the Special Accounts.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of this Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an means: (a) with respect to Special Account A, for Categories 2 (b), 3 (b), 4 (b), 5, 6 and 7 (b) the amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, $2,000,000 to be withdrawn from the Grant Credit Account and deposited into the Special Accounts Account A pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited ; and (b) with respect to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until for Categories 1, 2 (a), 3 (a), 4 (a) and 7 (a), the aggregate amount of withdrawals equivalent to $3,000,000 to be withdrawn from the Credit Account plus the total amount of all outstanding special commitments entered and deposited into by the Association Special Account B pursuant to Section 5.02 paragraph 2 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000this Annex.
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Recipient Borrower shall open and maintain one special deposit account (hereinafter referred to as Special Account A in FCFA respect of Categories (1) through (4) of the table in Part A.1 of Schedule 1 to this Agreement for the purposes of Parts A, C and D of the Project, and another special deposit account (hereinafter referred to as Special Account B in respect of Category (5) of the said table for the purposes of Part B of the Project. Each special account shall be opened and maintained in dollars in a commercial bank, bank on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projector attachment.
2. After the Association has received evidence satisfactory to it that the a Special Accounts have Account has been opened, withdrawals from the Grant Credit Account of amounts to be deposited into the Special Accounts Account shall be made as follows:
(a) if until the Recipient is not making Report-based DisbursementsAssociation shall have received: (i) the first Financial Monitoring Report referred to in Section 4.02 (b) of this Agreement, and (ii) a request from the Borrower for withdrawal on the basis of Financial Monitoring Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if upon receipt by the Recipient is making Report-based DisbursementsAssociation of a Financial Monitoring Report pursuant to Section 4.02 (b) of this Agreement, accompanied by a request from the Borrower for withdrawal on the basis of Financial Monitoring Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the each Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the a Special AccountsAccount, the Recipient Borrower shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the a Special AccountsAccount:
(a) if the Association, Association determines at any time, is time that any Financial Monitoring Report does not satisfied that the reports referred to in Part A.6 of this Schedule 1 adequately provide the information required for Report- based Disbursementspursuant to Section 4.02 of this Agreement;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Credit Account; or
(c) if the Recipient Borrower shall have failed to furnish to the Association, Association within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (i) the records and accounts for the Special Accounts; Account, or (ii) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beFinancial Monitoring Reports.
5. The Association shall not be required to make further deposits into the a Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule Schedule, if, at any time, the Association shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the Special Accounts Account may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower of its determination.
(a) If the Association determines at any time that any payment out of any of the a Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the Special Accounts Account shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the a Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the any Special AccountsAccount.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the Development Credit Agreement.
1. For the purposes of this Annex, the term “"Authorized Allocation” " means an amount equivalent to CFAF 1,000,000,000 $600,000 in respect the case of Special Account A A, and an amount equivalent to CFAF 800,000,000 $800,000 in respect the case of Special Account B, to be withdrawn from the Grant Credit Account and deposited into the respective Special Accounts Account pursuant to paragraph 2 (a) of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 $300,000 in respect the case of the Special Account A A, and an amount equivalent to CFAF 400,000,000 $400,000 in respect the case of the Special Account B, until until: (a) in the case of Special Account A, the aggregate amount of withdrawals from the Credit Account allocated to Parts A, C and D of the Project, plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions for Parts A, C and D of the Project, shall be equal to or exceed the equivalent of SDR 4,000,0001,250,000; and (b) in the case of Special Account B, the aggregate amount of withdrawals from the Credit Account allocated to Part B of the Project, plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions for Part B of the Project, shall be equal to or exceed the equivalent of SDR 1,250,000.
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Recipient Borrower shall open and maintain in FCFA Dollars two separate special deposit accounts, one for Parts A.1, C.1 (a) and E of the Project, and one for Parts A.2, B, C.1(b) and C.2 of the Project in a commercial bankbank specifically authorized for this purpose by the Bangko Sentral ng Pilipinas, on terms and conditions satisfactory to the AssociationBank, including appropriate protection against set-off, seizure and attachment two special deposit accountsattachment. Except as the Bank may otherwise specify by notice to the Borrower, namely:
(a) all withdrawals from the Loan Account shall be deposited by the Bank into the respective Special Account A for Part A in accordance with the provisions of the Project; and (b) this Schedule. Payments out of each Special Account B shall be made exclusively for Part B Eligible Expenditures. For each payment made by the Borrower out of a Special Account, the ProjectBorrower shall, at such time as the Bank shall reasonably request, furnish to the Bank such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
2. After the Association Bank has received evidence satisfactory to it that the a Special Accounts have Account has been opened, withdrawals from the Grant Loan Account of amounts to be deposited into the said Special Accounts Account shall be made as follows:
(a) if until the Recipient is not making Report-based DisbursementsBank shall have received (i) the first Project Management Report referred to in Section 4.02(b) of this Agreement and (ii) a request from the Borrower for withdrawal on the basis of Project Management Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if upon receipt by the Recipient is making Report-based DisbursementsBank of a Project Management Report pursuant to Section 4.02(b) of this Agreement, accompanied by a request from the Borrower for withdrawal on the basis of Project Management Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the each Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the a Special AccountsAccount, the Recipient Borrower shall, at such time as the Association Bank shall reasonably request, furnish to the Association Bank such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association Bank shall not be required to make further deposits into the any Special AccountsAccount:
(a) if the Association, Bank determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.6 of this Schedule 1 adequately provide the information required for Report- based Disbursementspursuant to Section 4.02 of this Agreement;
(b) if the Association Bank determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Loan Account; or
(c) if the Recipient Borrower shall have failed to furnish to the Association, Bank within the period of time specified in Section 4.01 (b) (ii4.01(b)(ii) of this Agreement, Agreement any of the audit reports required to be furnished to the Association Bank pursuant to said Section in respect of the audit of: of (iA) the records and accounts for the any Special Accounts; Account or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beProject Management Reports.
5. The Association Bank shall not be required to make further deposits into the any Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association Bank shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Loan Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association Bank shall determine, in its sole discretion, whether further deposits into the Special Accounts Account may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower of its determination.
(a) If the Association Bank determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the AssociationBank, the Recipient Borrower shall, promptly upon notice from the AssociationBank, provide such additional evidence as the Association Bank may request, or deposit into the respective said Special Account (or, if the Association Bank shall so request, refund to the AssociationBank) an amount equal to the amount of such payment. Unless the Association Bank shall otherwise agree, no further deposit by the Association Bank into the any Special Accounts Account shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association Bank determines at any time that any amount outstanding in the any Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the AssociationBank, refund to the Association Bank such outstanding amount.
(c) The Recipient Borrower may, upon notice to the AssociationBank, refund to the Association Bank all or any portion of the funds on deposit in the a Special AccountsAccount.
(d) Refunds to the Association Bank made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Loan Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the Loan Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Grant Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.:
Appears in 1 contract
Samples: Loan Agreement
Special Accounts. 1. The Recipient shall Borrower may, for the purposes, respectively, of each of Parts A, B and C, Part D and Part E of the Project, open and maintain in FCFA dollars three separate special deposit accounts in a Ukrainian or foreign commercial bankbank acceptable to the Bank, on terms and conditions satisfactory to the AssociationBank, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association Bank has received evidence satisfactory to it that the respective Special Accounts have Account has been opened, withdrawals from the Grant Loan Account of amounts to be deposited into the respective Special Accounts Account shall be made as follows:
(a) if the Recipient Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the respective Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the respective Special AccountsAccount, the Recipient Borrower shall, at such time as the Association Bank shall reasonably request, furnish to the Association Bank such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association Bank shall not be required to make further deposits into the any Special AccountsAccount:
(a) if the AssociationBank, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report- Report-based Disbursements;
(b) if the Association Bank determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Loan Account; or
(c) if the Recipient Borrower shall have failed to furnish to the AssociationBank, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association Bank pursuant to said Section in respect of the audit of: :
(iA) the records and accounts for the Special Accounts; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association Bank shall not be required to make further deposits into the any Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association Bank shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Loan Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association Bank shall determine, in its sole discretion, whether further deposits into the any Special Accounts Account may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower of its determination.
(a) If the Association Bank determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the AssociationBank, the Recipient Borrower shall, promptly upon notice from the AssociationBank, provide such additional evidence as the Association Bank may request, or deposit into the respective Special Account (or, if the Association Bank shall so request, refund to the AssociationBank) an amount equal to the amount of such payment. Unless the Association Bank shall otherwise agree, no further deposit by the Association Bank into the any Special Accounts Account shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association Bank determines at any time that any amount outstanding in the any Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the AssociationBank, refund to the Association Bank such outstanding amount.
(c) The Recipient Borrower may, upon notice to the AssociationBank, refund to the Association Bank all or any portion of the funds on deposit in the Special Accounts.
(d) Refunds to the Association Bank made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Loan Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the Loan Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an the amount equivalent to CFAF 1,000,000,000 of $1,000,000 in respect of the Special Account A for Parts A, B and C of the Project, an amount of $500,000 in respect of the Special Account for Part D of the Project, and an amount equivalent to CFAF 800,000,000 of $500,000 in respect of the Special Account Bfor Part E of the Project, to be withdrawn from the Grant Loan Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.
Appears in 1 contract
Samples: Loan Agreement
Special Accounts. 1. The Recipient shall open and maintain in FCFA Dollars four separate special deposit accounts, one each for the MELGRD, AJK, Balochistan and NWFP, in a commercial bankthe National Bank of Pakistan, on terms and conditions satisfactory to the AssociationBank, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association Bank has received evidence satisfactory to it that the a Special Accounts have Account has been duly opened, withdrawals from the GEF Trust Fund Grant Account of amounts to be deposited into the said Special Accounts Account shall be made as follows:
(a) if until the Bank shall have received (i) the first each of the Project Management Reports referred to in Section 4.02(b) of this Agreement or Section 3.02(b) of the Project Agreement, as the case may be, and (ii) a request from the Recipient is not making Report-based Disbursementsfor withdrawal on the basis of Project Management Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if upon receipt by the Bank of a Project Management Report pursuant to Section 4.02(b) of this Agreement or Section 3.02(b) of the Project Agreement, as the case may be, accompanied by a request from the Recipient is making Report-based Disbursementsfor withdrawals on the basis of Project Management Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the each Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient out of the a Special AccountsAccount, the Recipient shall, at such time as the Association Bank shall reasonably request, furnish to the Association Bank such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association Bank shall not be required to make further deposits into the any Special AccountsAccount:
(a) if the Association, Bank determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.6 of this Schedule 1 adequately provide the information required for Report- based Disbursementspursuant to Section 4.02 of this Agreement or Section 3.02 of the Project Agreement, as the case may be;
(b) if the Association Bank determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient directly from the GEF Trust Fund Grant Account; or
(c) if the Recipient shall have failed to furnish to the Association, Bank within the period of time specified in Section 4.01 (b) (ii4.01(b)(ii) of this Agreement or Section 3.01(b)(ii) of the Project Agreement, as the case may be, any of the audit reports required to be furnished to the Association Bank pursuant to said Section in respect of the audit of: (iA) the records and accounts for the any Special AccountsAccount; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beProject Management Reports.
5. The Association Bank shall not be required to make further deposits into the any Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association Bank shall have notified the Recipient of its intention to suspend in whole or in part the right of the Recipient to make withdrawals from the GEF Trust Fund Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association Bank shall determine, in its sole discretion, whether further deposits into the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient of its determination.
(a) If the Association Bank determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the AssociationBank, the Recipient shall, promptly upon notice from the AssociationBank, provide such additional evidence as the Association Bank may request, or deposit into the respective said Special Account (or, if the Association Bank shall so request, refund to the AssociationBank) an amount equal to the amount of such payment. Unless the Association Bank shall otherwise agree, no further deposit by the Association Bank into the any Special Accounts Account shall be made until the Recipient has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association Bank determines at any time that any amount outstanding in the any Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient shall, promptly upon notice from the AssociationBank, refund to the Association Bank such outstanding amount.
(c) The Recipient may, upon notice to the AssociationBank, refund to the Association Bank all or any portion of the funds on deposit in the a Special AccountsAccount.
(d) Refunds to the Association Bank made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the GEF Trust Fund Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the GEF Trust Fund Grant Agreement, including the General Conditions.
1. For the purposes of this Annex, the term “Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Grant Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.:
Appears in 1 contract
Samples: Global Environment Facility Trust Fund Grant Agreement
Special Accounts. 1. The Recipient shall Borrower may, for the purposes of the Project, open and maintain in FCFA Dollars in a commercial bank: (a) a special deposit account (Special Account A) for purposes of depositing the corresponding proceeds of the Credit for Parts A and C.2 of the Project; and (b) a special deposit account (Special Account B) for the purposes of depositing the corresponding proceeds of the Grant for Parts B, C.1 and D of the Project, both on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projector attachment.
2. After the Association has received evidence satisfactory to it that the Special Accounts have been duly opened, withdrawals from the Grant Account Financing Accounts of amounts to be deposited into the respective Special Accounts shall be made as follows:
(a) if the Recipient Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the Special Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the respective Special AccountsAccount, the Recipient Borrower shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the any Special AccountsAccount:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.4 of this Schedule 1 adequately provide the information required for Report- Report-based Disbursements;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant AccountFinancing Accounts; or
(c) if the Recipient Borrower shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the Special Accounts; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association shall not be required to make further deposits into the any Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Account Financing Accounts pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the any Special Accounts Account may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower of its determination.
(a) If the Association determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the any Special Accounts Account shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the any Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the Special Accounts.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Account Financing Accounts for subsequent withdrawal or for cancellation in accordance with the provisions of this the Development Financing Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Grant Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.
Appears in 1 contract
Samples: Development Financing Agreement
Special Accounts. 1. The Recipient shall may open and maintain in FCFA Dollars the MNRT GEF Special Account and the MANREC GEF Special Account in a commercial bankbank acceptable to the Bank, on terms and conditions satisfactory to the AssociationBank, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association Bank has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the GEF Trust Fund Grant Account of amounts to be deposited into the Special Accounts shall be made as follows:
(a) if the Recipient is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the Special Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient out of the Special Accounts, the Recipient shall, at such time as the Association Bank shall reasonably request, furnish to the Association Bank such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association Bank shall not be required to make further deposits into the any Special AccountsAccount:
(a) if the AssociationBank, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report- Report-based Disbursements;
(b) if the Association Bank determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient directly from the GEF Trust Fund Grant Account; or
(c) if the Recipient shall have failed to furnish to the AssociationBank, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association Bank pursuant to said Section in respect of the audit of: (iA) the records and accounts for the Special Accounts; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association Bank shall not be required to make further deposits into the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association Bank shall have notified the Recipient of its intention to suspend in whole or in part the right of the Recipient to make withdrawals from the GEF Trust Fund Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association Bank shall determine, in its sole discretion, whether further deposits into the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient of its determination.
(a) If the Association Bank determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the AssociationBank, the Recipient shall, promptly upon notice from the AssociationBank, provide such additional evidence as the Association Bank may request, or deposit into the respective Special Account (or, if the Association Bank shall so request, refund to the AssociationBank) an amount equal to the amount of such payment. Unless the Association Bank shall otherwise agree, no further deposit by the Association Bank into the any Special Accounts Account shall be made until the Recipient has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association Bank determines at any time that any amount outstanding in the any Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient shall, promptly upon notice from the AssociationBank, refund to the Association Bank such outstanding amount.
(c) The Recipient may, upon notice to the AssociationBank, refund to the Association Bank all or any portion of the funds on deposit in the Special Accounts.
(d) Refunds to the Association Bank made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the GEF Trust Fund Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the GEF Trust Fund Grant Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an means
(a) with respect to the MNRT GEF Special Account, for Categories 1 (a), 2 (a), 3 (a), 4 (a), 5 (a) and 6, the amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, one million Dollars ($1,000,000) to be withdrawn from the GEF Trust Fund Grant Account and deposited into the said Special Accounts Account pursuant to paragraph 2 of this Annex; and
(b) with respect to the MANREC GEF Special Account, providedfor Categories 1 (b), however2 (b), that unless 3 (b), 4 (b) and 5 (b), the Association shall otherwise agree, amount of one million Dollars ($1,000,000) to be withdrawn from the GEF Trust Fund Grant Account and deposited into the said Special Account pursuant to paragraph 2 of this Annex.
2. Withdrawals of the Authorized Allocation and subsequent withdrawals to replenish the Special Accounts shall be limited made as follows:
(a) For withdrawals of the Authorized Allocation, the Recipient shall furnish to the Bank a request or requests for deposit into the respective Special Account of an amount equivalent or amounts which in the aggregate do not exceed the Authorized Allocation. On the basis of each such request, the Bank shall, on behalf of the Recipient, withdraw from the GEF Trust Fund Grant Account and deposit into the respective Special Account such amount as the Recipient shall have requested.
(b) For replenishment of the Special Accounts, the Recipient shall furnish to CFAF 500,000,000 the Bank requests for deposit into the respective Special Account at such intervals as the Bank shall specify. Prior to or at the time of each such request, the Recipient shall furnish to the Bank the documents and other evidence required pursuant to Part B.3 of Schedule 1 to this Agreement for the payment or payments in respect of which replenishment is requested. On the basis of each such request, the Bank shall, on behalf of the Recipient, withdraw from the GEF Trust Fund Grant Account and deposit into the respective Special Account A such amount as the Recipient shall have requested and an amount equivalent as shall have been shown by said documents and other evidence to CFAF 400,000,000 in respect have been paid out of the respective Special Account Bfor Eligible Expenditures. Each such deposit into the respective Special Account shall be withdrawn by the Bank from the GEF Trust Fund Grant Account under one or more of the Eligible Categories.
3. The Bank shall not be required to make further deposits into the respective Special Account, until once the aggregate total unwithdrawn amount of withdrawals from the Credit Account plus GEF Trust Fund Grant minus the total amount of all outstanding special commitments entered into by the Association Bank pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000twice the amount of the Authorized Allocation. Thereafter, withdrawal from the GEF Trust Fund Grant Account of the remaining unwithdrawn amount of the GEF Trust Fund Grant shall follow such procedures as the Bank shall specify by notice to the Recipient. Such further withdrawals shall be made only after and to the extent that the Bank shall have been satisfied that all such amounts remaining on deposit in the respective Special Account as of the date of such notice will be utilized in making payments for Eligible Expenditures. SCHEDULE 1
1. Withdrawals from the GEF Trust Fund Grant Account shall be deposited by the Bank into the Special Accounts in accordance with the provisions of Schedule 1 to this Agreement. Each such deposit into the Special Accounts shall be withdrawn by the Bank from the GEF Trust Fund Grant Account under one or more of the Eligible Categories.
2. Upon receipt of each application for withdrawal of an amount of the GEF Trust Fund Grant, the Bank shall, on behalf of the Recipient, withdraw from the GEF Trust Fund Grant Account and deposit into the respective Special Account an amount equal to the lesser of: (a) the amount so requested; and (b) the amount which the Bank has determined, based on the reports referred to in Part A.5 of this Schedule 1 applicable to such withdrawal application, is required to be deposited in order to finance Eligible Expenditures during the quarter following the date of such reports.
Appears in 1 contract
Samples: Trust Fund Grant Agreement
Special Accounts. 1. The Upon receipt of notification from the Bank allowing the establishment of the Special Accounts; the Recipient shall may open and maintain in FCFA Dollars: (a) a special deposit account for Part A.1, Part A.4 and Part C of the Project (Special Account A); (b) a special deposit account for Part A.2 and Part A. 3 of the Project (Special Account B); and (c) a special deposit account for Part B of the Project (Special Account C); all in a commercial bankbank acceptable to the Bank, on terms and conditions satisfactory to the AssociationBank, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association Bank has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the GEF Trust Fund Grant Account of amounts to be deposited into any of the Special Accounts Accounts, via the Transit Accounts, shall be made as follows:
(a) if the Recipient is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of any of the Special Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient out of any of the Special Accounts, the Recipient shall, at such time as the Association Bank shall reasonably request, furnish to the Association Bank such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association Bank shall not be required to make further deposits into any of the Special Accounts:
(a) if the AssociationBank, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report- Report-based Disbursements;
(b) if the Association Bank determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient directly from the GEF Trust Fund Grant Account; or
(c) if the Recipient shall have failed to furnish to the AssociationBank, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association Bank pursuant to said Section in respect of the audit of: (iA) the records and accounts for each of the Special Accounts; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association Bank shall not be required to make further deposits into any of the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association Bank shall have notified the Recipient of its intention to suspend in whole or in part the right of the Recipient to make withdrawals from the GEF Trust Fund Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association Bank shall determine, in its sole discretion, whether further deposits into any of the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient of its determination.
(a) If the Association Bank determines at any time that any payment out of any of the Special Accounts was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the AssociationBank, the Recipient shall, promptly upon notice from the AssociationBank, provide such additional evidence as the Association Bank may request, or deposit into the respective said Special Account (or, if the Association Bank shall so request, refund to the AssociationBank) an amount equal to the amount of such payment. Unless the Association Bank shall otherwise agree, no further deposit by the Association Bank into any of the Special Accounts shall be made until the Recipient has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association Bank determines at any time that any amount outstanding in any of the Special Accounts will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient shall, promptly upon notice from the AssociationBank, refund to the Association Bank such outstanding amount.
(c) The Recipient may, upon notice to the AssociationBank, refund to the Association Bank all or any portion of the funds on deposit in any of the Special Accounts.
(d) Refunds to the Association Bank made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the GEF Trust Fund Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the Grant Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an means: (a) the amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, $250,000 to be withdrawn from the GEF Trust Fund Grant Account and deposited into Special Account A; (b) the amount of $250,000 to be withdrawn from the GEF Trust Fund Grant Account and deposited into Special Accounts Account B; and (c) the amount of $185,000 to be withdrawn from the GEF Trust Fund Grant Account and deposited into Special Account C; all as pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.
Appears in 1 contract
Samples: Trust Fund Grant Agreement
Special Accounts. 1. The Upon receipt of notification from the Association allowing the establishment of the Special Accounts, the Recipient shall may open and maintain in FCFA Dollars in a commercial bankbank acceptable to the Association: (a) a special deposit account (Special Account “A”) to be managed by the IRCB Project Coordinating Unit, for purposes of depositing the corresponding proceeds of the Grant for Parts X.0, X.0, X.0, X.0, X, X, xxx X of the Project; and (b) a special deposit account (Special Account “B”), to be managed by MoF, for the purposes of depositing the corresponding proceeds of the Grant for Part A.4 of the Project, both on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Grant Account of amounts to be deposited into the respective Special Accounts shall be made as follows:
(a) if the Recipient is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the respective Special Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient out of the respective Special AccountsAccount, the Recipient shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the any Special AccountsAccount:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of Schedule 1 of this Schedule 1 Agreement adequately provide the information required for Report- Report-based Disbursements;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient directly from the Grant Account; or
(c) if the Recipient shall have failed to furnish to the Association, within the period of time specified in Section Sections 4.01 (b) (ii) and 4.02 (b) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section Sections in respect of the audit of: (i) the records and accounts for the respective Special Accounts; or (ii) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association shall not be required to make further deposits into the any Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient of its intention to suspend in whole or in part the right of the Recipient to make withdrawals from the Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the respective Special Accounts Account may be made and what procedures should be followed for making such deposits, and shall notify the Recipient of its determination.
(a) If the Association determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the Special Accounts Account shall be made until the Recipient has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the any Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the a Special AccountsAccount.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of this Agreement.Agreements, including the General Conditions. When Withdrawals Are Not Report-based Disbursements
1. For the purposes of this Annex, the term “Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B$1,500,000, to be withdrawn from the Grant Account and deposited into the Special Accounts Account pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, $750,000 until the aggregate amount of withdrawals from the Credit Grant Account allocated to Categories (1), (2), (3) and (5), plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions Condition shall be equal to or exceed the equivalent of SDR 4,000,000.
Appears in 1 contract
Samples: Development Grant Agreement
Special Accounts. 1. The Recipient shall may open and maintain in FCFA Dollars two special deposit accounts (Special Account-MASAF and Special Account-MOLPPS) in a commercial bankbank acceptable to the Association, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Grant Account of amounts to be deposited into the Special Accounts shall be made as follows:
(a) if the Recipient is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the Special Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient out of the Special Accounts, the Recipient shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the Special Accounts:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report- Report-based Disbursements;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient directly from the Grant Account; or
(c) if the Recipient shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the Special Accounts; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association shall not be required to make further deposits into the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient of its intention to suspend in whole or in part the right of the Recipient to make withdrawals from the Grant Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient of its determination.
(a) If the Association determines at any time that any payment out of any of the Special Accounts was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the Special Accounts shall be made until the Recipient has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the Special Accounts will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the Special Accounts.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the Development Grant Agreement.. Operation of Special Accounts When Withdrawals Are Not
1. For the purposes of this Annex, the term “Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Grant Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.means:
Appears in 1 contract
Samples: Development Grant Agreement
Special Accounts. 1. The Recipient shall Borrower may open and maintain in FCFA Dollars two separate special deposit accounts: (i) URA Special Account for Part C of the Project; and (ii) MoWHC Special Account for Parts C.2, C.3, and Part D of the Project, all in a commercial bankBOU, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Project.
2. After the Association has received evidence satisfactory to it that the Special Accounts have been opened, withdrawals from the Grant Credit Account of amounts to be deposited into the Special Accounts shall be made as follows:
(a) if the Recipient Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the each Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the a Special AccountsAccount, the Recipient Borrower shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the any Special AccountsAccount:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report- Report-based Disbursements;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Credit Account; or
(c) if the Recipient Borrower shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the any Special AccountsAccount; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association shall not be required to make further deposits into the any Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower of its determination.
(a) If the Association determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective said Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the any Special Accounts Account shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the any Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the a Special AccountsAccount.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the Credit Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Grant Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.means:
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Recipient shall Borrower and the Participating States which have established their respective PFMU may each open and maintain in FCFA Dollars a special deposit account (Federal Special Account and State Special Accounts A, B, and C, respectively) in a commercial bankBank acceptable to the Association, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association has received evidence satisfactory to it that the respective Special Accounts have Account has been opened, withdrawals from the Grant Credit Account of amounts to be deposited into the respective Special Accounts Account shall be made as follows:
(a) if the Recipient Borrower is not making Report-based Based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient Borrower is making Report-based Based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the respective Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower or a Participating State out of the Federal Special AccountsAccount or its State Special Account, respectively, the Recipient Borrower or the Participating State shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the respective Special AccountsAccount if:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report- based Report-Based Disbursements;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower or a Participating State directly from the Grant Credit Account; or
(c) if the Recipient Borrower or a Participating State shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the respective Special AccountsAccount; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association shall not be required to make further deposits into the respective Special Accounts Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient of Borrower or a Participating State its intention to suspend in whole or in part the right of the Recipient Borrower or Participating State to make withdrawals from the Grant Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the respective Special Accounts Account may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower and the Participating State of its determination.
(a) If the Association determines at any time that any payment out of any of the respective Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient Borrower or Participating State shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the respective Special Accounts Account shall be made until the Recipient Borrower or Participating State has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the respective Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower or Participating State shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient Borrower or Participating State may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the respective Special AccountsAccount.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of this Agreement.. Operation of Special Account
1. For the purposes of this Annex, the term “Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Grant Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.:
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Recipient Borrower shall open and maintain two special deposit accounts, one in FCFA Dollars (the USD Special Account) in respect of amounts withdrawn from the USD Tranche of the Loan, and one in Euro (the EUR Special Account) in respect of amounts withdrawn from the EUR Tranche of the Loan, in a commercial bank, acceptable to the Bank, on terms and conditions satisfactory to the AssociationBank, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association Bank has received evidence satisfactory to it that the a Special Accounts have Account has been opened, withdrawals from the Grant Loan Account of amounts to be deposited into the Special Accounts Account shall be made as follows:
(a) if until the Recipient is not making Report-based DisbursementsBank shall have received (i) the first Project Management Report referred to in Section 4.02(b) of this Agreement and (ii) a request from the Borrower for withdrawal on the basis of Project Management Reports, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if upon receipt by the Recipient is making Report-based DisbursementsBank of a Project Management Report pursuant to Section 4.02(b) of this Agreement, accompanied by a request from the Borrower for withdrawal on the basis of Project Management Reports, all further withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the a Special Accounts Account shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the a Special AccountsAccount, the Recipient Borrower shall, at such time as the Association Bank shall reasonably request, furnish to the Association Bank such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association Bank shall not be required to make further deposits into the Special Accounts:
(a) if the Association, Bank determines at any time, is time that any Project Management Report does not satisfied that the reports referred to in Part A.6 of this Schedule 1 adequately provide the information required for Report- based Disbursementspursuant to Section 4.02 of this Agreement;
(b) if the Association Bank determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Loan Account; or
(c) if the Recipient Borrower shall have failed to furnish to the Association, Bank within the period of time specified in Section 4.01 (b) (ii4.01(b)(ii) of this Agreement, any of the audit reports required to be furnished to the Association Bank pursuant to said Section in respect of the audit of: of (iA) the records and accounts for the Special Accounts; Accounts or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may beProject Management Reports.
5. The Association Bank shall not be required to make further deposits into the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association Bank shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Loan Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association Bank shall determine, in its sole discretion, whether further deposits into the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower of its determination.
(a) If the Association Bank determines at any time that any payment out of any of the USD or EUR Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the AssociationBank, the Recipient Borrower shall, promptly upon notice from the AssociationBank, provide such additional evidence as the Association Bank may request, or deposit into the respective relevant Special Account (or, if the Association Bank shall so request, refund to the AssociationBank) an amount equal to the amount of such payment. Unless the Association Bank shall otherwise agree, no further deposit by the Association Bank into the Special Accounts shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association Bank determines at any time that any amount outstanding in the USD or EUR Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the AssociationBank, refund to the Association Bank such outstanding amount.
(c) The Recipient Borrower may, upon notice to the AssociationBank, refund to the Association Bank all or any portion of the funds on deposit in the Special Accounts.
(d) Refunds to the Association Bank made pursuant to subparagraph sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Loan Account for subsequent withdrawal or for cancellation in accordance with the provisions of this the Loan Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Grant Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.:
Appears in 1 contract
Samples: Loan Agreement
Special Accounts. 1. The Recipient shall Borrower may open and maintain in FCFA Dollars the MNRT Special Account and the MANREC Special Account in a commercial bankbank acceptable to the Association, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment two special deposit accounts, namely:
(a) Special Account A for Part A of the Project; and (b) Special Account B for Part B of the Projectattachment.
2. After the Association has received evidence satisfactory to it that the Special Accounts have been openedare open, withdrawals from the Grant Credit Account of amounts to be deposited into the Special Accounts shall be made as follows:
(a) if the Recipient Borrower is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) if the Recipient Borrower is making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex B to this Schedule 1.
3. Payments out of the Special Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Recipient Borrower out of the Special Accounts, the Recipient Borrower shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into the any Special AccountsAccount:
(a) if the Association, at any time, is not satisfied that the reports referred to in Part A.6 A.5 of this Schedule 1 adequately provide the information required for Report- Report-based Disbursements;
(b) if the Association determines at any time that all further withdrawals for payment of Eligible Expenditures should be made by the Recipient Borrower directly from the Grant Credit Account; or
(c) if the Recipient Borrower shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: (iA) the records and accounts for the Special Accounts; or (iiB) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of statements of expenditure, as the case may be.
5. The Association shall not be required to make further deposits into the Special Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Recipient Borrower of its intention to suspend in whole or in part the right of the Recipient Borrower to make withdrawals from the Grant Credit Account pursuant to Section 6.02 of the General Conditions. Upon such notification, the Association shall determine, in its sole discretion, whether further deposits into the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Recipient Borrower of its determination.
(a) If the Association determines at any time that any payment out of any of the Special Accounts Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Recipient Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into the respective Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment. Unless the Association shall otherwise agree, no further deposit by the Association into the any Special Accounts Account shall be made until the Recipient Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines at any time that any amount outstanding in the any Special Accounts Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Recipient Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Recipient Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the Special Accounts.
(d) Refunds to the Association made pursuant to subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Grant Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of this Agreement.
1. For the purposes of this Annex, the term “Authorized Allocation” means an amount equivalent to CFAF 1,000,000,000 in respect of Special Account A and an amount equivalent to CFAF 800,000,000 in respect of Special Account B, to be withdrawn from the Grant Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to CFAF 500,000,000 in respect of the Special Account A and an amount equivalent to CFAF 400,000,000 in respect of the Special Account B, until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 4,000,000.means:
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Samples: Development Credit Agreement