Special Accounts. 1. The Borrower shall open and maintain in dollars nineteen separate special deposit accounts (the Federal Special Account, and a Special Account for each Participating State) in commercial banks, 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 Special Accounts have been opened, withdrawals from the Credit Account of amounts to be deposited into said Special Accounts shall be made as follows: (a) until the Association 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) upon receipt by the Association 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 each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of a Special Account, the 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 any Special Account: (a) if the Association determines at any time that any Project Management Report does not adequately provide the information required pursuant to Section 4.02 of this Agreement; (b) if the Association determines at any time that all further withdrawals should be made by the Borrower directly from the Credit Account; or (c) if the 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: (A) the records and accounts for any Special Account; or (B) the records and accounts reflecting expenditures with respect to which withdrawals were made on the basis of Project Management Reports. 5. The Association shall not be required to make further deposits into any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the 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 Borrower of its determination. (a) If the Association determines at any time that any payment out of any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into 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 any Special Account shall be made until the 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 any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount. (c) The Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a Special Account. (d) Refunds to the Association made pursuant to sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Development Credit Agreement. 1. For the purposes of this Annex:
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Borrower shall open and maintain in dollars nineteen Dollars two (2) separate special deposit accounts (the Federal Special Account, and a Special Account A for each Participating State) Parts A, B and C.3 of the Project and Special Account B for Part C.1 and 2 of the Project, in one or more commercial banks, on terms and conditions satisfactory to the AssociationAdministrator, including appropriate protection against set-off, seizure and attachment. Special Account A shall be used exclusively to finance expenditures under Categories (1), (2), (3)(a) and (4) set forth in the table in paragraph A.1 of Schedule 1 to this Agreement and Special Account B shall be used exclusively to finance expenditures under Category (3)(b) set forth in the table in paragraph A.1 of Schedule 1 to this Agreement.
2. After the Association Administrator has received evidence satisfactory to it that the a Special Accounts have Account has been opened, withdrawals from the Credit Account of amounts to be deposited into said Special Accounts Account shall be made as follows:
(a) until the Association Administrator shall have received: (i) the first Project Management Report referred to in Section 4.02 (b4.02(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) upon receipt by the Association Administrator of a Project Management Report pursuant to Section 4.02 (b4.02(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 each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of a Special Account, the Borrower shall, at such time as the Association Administrator shall reasonably request, furnish to the Association Administrator 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 Administrator shall not be required to make further deposits into any Special Account:
(a) if the Association Administrator determines at any time that any Project Management Report does not adequately provide the information required pursuant to Section 4.02 of this Agreement;
(b) if the Association Administrator determines at any time that all further withdrawals should be made by the Borrower directly from the Credit Account; or
(c) if the Borrower shall have failed to furnish to the Association Administrator 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 Administrator pursuant to said Section in respect of the audit of: of (A) the records and accounts for any Special Account; Account or (B) the records and accounts reflecting expenditures with respect to which withdrawals were made on the basis of Project Management Reports.
5. The Association Administrator shall not be required to make further deposits into any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association Administrator shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Credit Account pursuant to Section 6.02 Section
6. 02 of the General Conditions. Upon such notification, the Association Administrator 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 Borrower of its determination.
(a) If the Association Administrator determines at any time that any payment out of any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the AssociationAdministrator, the Borrower shall, promptly upon notice from the AssociationAdministrator, provide such additional evidence as the Association Administrator may request, or deposit into said Special Account (or, if the Association Administrator shall so request, refund to the AssociationAdministrator) an amount equal to the amount of such payment. Unless the Association Administrator shall otherwise agree, no further deposit by the Association Administrator into any Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association Administrator determines at any time that any amount outstanding in any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the AssociationAdministrator, refund to the Association Administrator such outstanding amount.
(c) The Borrower may, upon notice to the AssociationAdministrator, refund to the Association Administrator all or any portion of the funds on deposit in a Special Account.
(d) Refunds to the Association Administrator made pursuant to sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Development Trust Fund Credit Agreement.
1. For the purposes of this Annex:, the term “Authorized Allocation” means: (i) in respect of Special Account A, an amount equivalent to $1,000,000 to be withdrawn from the Credit Account and deposited into Special Account A pursuant to paragraph 2 of this Annex; and (ii) in respect of Special Account B, an amount equivalent to $100,000 to be withdrawn from the Credit Account and deposited into Special Account B pursuant to paragraph 2 of this Annex.
Appears in 1 contract
Samples: Trust Fund Credit Agreement
Special Accounts. 1. The Borrower shall open and maintain in dollars nineteen separate Euros two special deposit accounts (accounts, namely the Federal Federation Special Account and the Republika Srpska Special Account, and in a Special Account for each Participating State) in commercial banksbank, 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 Special Accounts have been opened, withdrawals from the Credit Account of amounts to be deposited into said the Special Accounts shall be made as follows:
(a) until the Association shall have received: (i) the first Project Management Report referred to in Section 4.02 3.02 (b) of this the Federation Project Agreement and Republika Srpska Project 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) upon receipt by the Association of a Project Management Report Reports pursuant to Section 4.02 3.02 (b) of this the Federation Project Agreement and Republika Srpska Project 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 each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of a each Special Account, the 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 any Special Account:
(a) if the Association determines at any time that any Project Management Report does not adequately provide the information required pursuant to Section 4.02 3.02 of this Agreementthe Project Agreements;
(b) if the Association determines at any time that all further withdrawals should be made by the Borrower directly from the Credit Account; or
(c) if the Borrower shall have failed to furnish to the Association within the period of time specified in Section 4.01 3.01 (b) (ii) of this Agreementthe Project Agreements, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: of (A) the records and accounts for any Special Account; Account or (B) the records and accounts reflecting expenditures with respect to which withdrawals were made on the basis of Project Management Reports.
5. The Association shall not be required to make further deposits into any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the 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 Borrower of its determination.
(a) If the Association determines at any time that any payment out of any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into 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 any Special Account shall be made until the 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 any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a the Special Account.
(d) Refunds to the Association made pursuant to sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Development Credit this Agreement.
1. For the purposes of this Annex:
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Borrower shall open and maintain in United States dollars nineteen two separate special deposit accounts accounts, the first (the Federal Special AccountAccount A) in respect of Categories (1, 2(a), 3(a), and a 4(a)) and the second (Special Account for each Participating StateB) in commercial banksrespect of Categories (2(b), 3(b), 4(b) and 5), in its Central Bank, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachmentBank.
2. After the Association Bank has received evidence satisfactory to it that the a Special Accounts have Account has been opened, withdrawals from the Credit Loan Account of amounts to be deposited into the said Special Accounts Account shall be made as follows:
(a) until the Association Bank shall have received: received (i) the first Project Management Report referred to in Section 4.02 (b4.02(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) upon receipt by the Association Bank of a Project Management Report pursuant to Section 4.02 (b4.02(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 each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of a Special Account, the 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 Special Account:
(a) if the Association Bank determines at any time that any Project Management Report does not adequately provide the information required pursuant to Section 4.02 of this Agreement;
(b) if the Association Bank determines at any time that all further withdrawals should be made by the Borrower directly from the Credit Loan Account; or
(c) if the 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 (A) the records and accounts for any Special Account; Account or (B) the records and accounts reflecting expenditures with respect to which withdrawals were made on the basis of Project Management Reports.
5. The Association Bank shall not be required to make further deposits into any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association Bank shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Credit 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 Borrower of its determination.
(a) If the Association Bank determines at any time that any payment out of any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the AssociationBank, the Borrower shall, promptly upon notice from the AssociationBank, provide such additional evidence as the Association Bank may request, or deposit into the 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 Special Account shall be made until the 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 Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the AssociationBank, refund to the Association Bank such outstanding amount.
(c) The Borrower may, upon notice to the AssociationBank, refund to the Association Bank all or any portion of the funds on deposit in a Special Account.
(d) Refunds to the Association Bank made pursuant to sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Loan Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Development Credit Loan Agreement.
1. For the purposes of this Annex:
Appears in 1 contract
Samples: Loan Agreement
Special Accounts. 1. The Borrower shall open and maintain in dollars nineteen separate special deposit accounts (the Federal Special Account, and a Dollars Special Account for each Participating State) Credit and Special Account Grant in commercial banksits Central Bank, 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 Special Accounts have been opened, withdrawals from the Credit Account Financing Accounts of amounts to be deposited into said the Special Accounts shall be made as follows:
(a) until the Association 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) upon receipt by the Association 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 each the Special Account Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of a the Special AccountAccounts, the 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 any the Special AccountAccounts:
(a) if the Association determines at any time that any Project Management Report does not adequately provide the information required pursuant to Section 4.02 of this Agreement;
(b) if the Association determines at any time that all further withdrawals should be made by the Borrower directly from the Credit AccountFinancing Accounts; or
(c) if the 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: (A) the records and accounts for any the Special Account; Accounts, or (B) the records and accounts reflecting expenditures with respect to which withdrawals were made on the basis of Project Management Reports.
5. The Association shall not be required to make further deposits into any the Special Account Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the 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 Borrower of its determination.
(a) If the Association determines at any time that any payment out of any the Special Account Credit or the Special Account Grant was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into said the Special Account Credit or the Special Account Grant, as the case may be, (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 any the Special Account Credit or the Special Grant Account shall be made until the 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 any the Special Account Accounts will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a the Special AccountAccounts.
(d) Refunds to the Association made pursuant to sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Account or the Grant Account, as the case may be, for subsequent withdrawal or for cancellation in accordance with the provisions of the Development Credit this Agreement.
1. For the purposes of this Annex:
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Borrower shall open and maintain in US dollars nineteen two separate special deposit accounts (the Federal Special Accountaccounts, and a Special Account A for each Participating State) Part A.1 of the Project and Special Account B for Parts A (other than A.1 thereof), B and C of the Project, in commercial banksits Central Bank, 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 Special Accounts have been opened, withdrawals from the Credit Account of amounts to be deposited into said Special Accounts shall be made as follows:
(a) until the Association shall have received: received (i) the first Project Management Report referred to in Section 4.02 (b) of this Agreement; 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) upon receipt by the Association of a Project Management Report pursuant to Section 4.02 (b4.02(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 each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of a Special Account, the 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 any Special Account:
(a) if the Association determines at any time that any Project Management Report does not adequately provide the information required pursuant to Section 4.02 of this Agreement;
(b) if the Association determines at any time that all further withdrawals should be made by the Borrower directly from the Credit Account; or
(c) if the 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: (A) the records and accounts for any Special Account; or (B) the records and accounts reflecting expenditures with respect to which withdrawals were made on the basis of Project Management Reports.
5. The Association shall not be required to make further deposits into any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the 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 Borrower of its determination.
(a) If the Association determines at any time that any payment out of any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into 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 any Special Account shall be made until the 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 any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a Special Account.
(d) Refunds to the Association made pursuant to sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Development Credit Agreement.
1. For the purposes of this Annex:
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Borrower shall open and maintain in dollars nineteen two (2) separate special deposit accounts (accounts, one each for NWFP and FATADC, in the Federal Special Account, and a Special Account for each Participating State) in commercial banksNational Bank of Pakistan, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment.
2. After the Association has shall have received evidence satisfactory to it them that the a Special Accounts have Account has been opened, withdrawals from the Credit Account of amounts to be deposited into said Special Accounts Account shall be made as follows:
(a) until the Association shall have received: (i) the first each of the Project Management Report Reports referred to in Section 4.02 3.02 (b) of this the Project 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) upon receipt by the Association of a Project Management Report Reports pursuant to Section 4.02 3.02 (b) of this the Project 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 each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of a Special Account, the 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 any Special Account:
(a) if the Association determines at any time that any Project Management Report does not adequately provide the information required pursuant to Section 4.02 3.02 of this the Project Agreement;
(b) if the Association determines at any time that all further withdrawals should be made by the Borrower directly from the Credit Account; or
(c) if the Borrower shall have failed to furnish to the Association 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, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: of (A) the records and accounts for any Special Account; Account or (B) the records and accounts reflecting expenditures with respect to which withdrawals were made on the basis of Project Management Reports.
5. The Association shall not be required to make further deposits into any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Credit Account pursuant to Section 6.02 of the General ConditionsConditions Applicable to Development Credit Agreements. 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 Borrower of its their determination.
(a) If the Association determines determine at any time that any payment out of any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into 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 any Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be.
(b) If the Association determines determine at any time that any amount outstanding in any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a any Special Account.
(d) Refunds to the Association made pursuant to sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Development Credit Agreement, including the General Conditions.
1. For the purposes of this Annex:
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Borrower shall open and maintain in dollars nineteen Taka two separate special deposit accounts (accounts, one each for the Federal Special AccountCredit and the Swiss Grant, and in a Special Account for each Participating State) in commercial banksbank, 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 Special Accounts have been opened, withdrawals from the Credit Account and the Swiss Grant Account, respectively, of amounts to be deposited into said the Special Accounts shall be made as follows:
(a) until the Association shall have received: :
(i) the first Project Management Report referred to in Section 4.02 (b) of this Agreement; and 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) upon receipt by the Association of a Project Management Report pursuant to Section 4.02 (b4.02(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 each Special Account shall be made exclusively for such Special Account’s Eligible Expenditures. For each payment made by the Borrower out of a each Special Account, the 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 such Special Account’s Eligible Expenditures.
4. Notwithstanding the provisions of Part B.2 of this Schedule, the Association shall not be required to make further deposits into any Special Account:
(a) if the Association determines at any time that any Project Management Report does not adequately provide the information required pursuant to Section 4.02 of this Agreement;
(b) if the Association determines at any time that all further withdrawals should be made by the Borrower directly from the Credit Account or the Swiss Grant Account, as the case may be; or
(c) if the Borrower shall have failed to furnish to the Association 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 pursuant to said Section in respect of the audit of: :
(Ai) the records and accounts for any such Special Account; or or
(Bii) the records and accounts reflecting expenditures with respect to which withdrawals were made on the basis of statements of expenditure or Project Management Reports.
5. The Association shall not be required to make further deposits into any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Credit Account or the Swiss Grant Account, as the case may be, 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 such Special Accounts Account may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination.
(a) If the Association determines at any time that any payment out of any Special Account was made for an expenditure which is not an Eligible ExpenditureExpenditure for such Special Account, or was not justified by the evidence furnished to the Association, the Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into said such 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 any such Special Account shall be made until the 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 any Special Account will not be required to cover payments for such Special Account’s Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a any Special Account.
(d) Refunds to the Association made pursuant to sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Account or the Swiss Grant Account, as the case may be, for subsequent withdrawal or for cancellation in accordance with the provisions of the Development Credit Agreement or the Swiss Grant Agreement, as the case may be.
1. For the purposes of this Annex the term "Authorized Allocation" means: (a) in respect of the Special Account for the Credit, an amount equivalent to Tk.270,000,000 to be withdrawn from the Credit Account and deposited into said 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 equivalent to Tk.162,000,000 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 equal or exceed the equivalent of SDR 9,000,000; and (b) in respect of the Special Account for the Swiss Grant, an amount equivalent to Tk.37,800,000 to be withdrawn from the Swiss Grant Account and deposited into said 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 equivalent to Tk.21,600,000 until the aggregate amount of withdrawals from the Swiss Grant 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 equal or exceed the equivalent of $2,000,000.
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Borrower shall open and maintain in dollars nineteen separate DEM two special deposit accounts (accounts, namely the Federal Federation Special Account and the Republika Srpska Special Account, and in a Special Account for each Participating State) in commercial banksbank, 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 Special Accounts have been opened, withdrawals from the Credit Account of amounts to be deposited into said the Special Accounts shall be made as follows:
(a) until the Association shall have received: (i) the first Project Management Report referred to in Section 4.02 (b3.02(b) of this the Federation Project Agreement and Republika Srpska Project 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) upon receipt by the Association of a Project Management Report Reports pursuant to Section 4.02 3.02 (b) of this the Federation Project Agreement and Republika Srpska Project 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 each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of a each Special Account, the 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 any Special Account:
(a) if the Association determines at any time that any Project Management Report does not adequately provide the information required pursuant to Section 4.02 3.02 of this Agreementthe Project Agreements;
(b) if the Association determines at any time that all further withdrawals should be made by the Borrower directly from the Credit Account; or
(c) if the Borrower shall have failed to furnish to the Association within the period of time specified in Section 4.01 3.01 (b) (ii) of this Agreementthe Project Agreements, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: of (A) the records and accounts for any Special Account; Account or (B) the records and accounts reflecting expenditures with respect to which withdrawals were made on the basis of Project Management Reports.
5. The Association shall not be required to make further deposits into any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the 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 Borrower of its determination.
(a) If the Association determines at any time that any payment out of any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into 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 any Special Account shall be made until the 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 any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a the Special Account.
(d) Refunds to the Association made pursuant to sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Development Credit this Agreement.
1. For the purposes of this Annex:
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Borrower shall open and maintain in dollars nineteen four separate special deposit accounts accounts: (the Federal MRH Special Account, and a the GHA Special Account, the DFR Special Account for each Participating Stateand the DUR Special Account) in commercial banks, 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 Special Accounts have been opened, withdrawals from the Credit Account of amounts to be deposited into said Special Accounts shall be made as follows:
(a) until the Association shall have received: received (i) the first Project Management Report referred to in Section 4.02 (b4.02(b) of this Agreement; 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) upon receipt by the Association of a Project Management Report pursuant to Section 4.02 (b4.02(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 each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of a Special Account, the 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 any Special Account:
(a) if the Association determines at any time that any Project Management Report does not adequately provide the information required pursuant to Section 4.02 of this Agreement;
(b) if the Association determines at any time that all further withdrawals should be made by the Borrower directly from the Credit Account; or
(c) if the Borrower shall have failed to furnish to the Association 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 pursuant to said Section in respect of the audit of: of (A) the records and accounts for any Special Account; Account or (B) the records and accounts reflecting expenditures with respect to which withdrawals were made on the basis of Project Management Reports.
5. The Association shall not be required to make further deposits into any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the 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 Borrower of its determination.
(a) If the Association determines at any time that any payment out of any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into 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 any Special Account shall be made until the 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 any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a Special Account.
(d) Refunds to the Association made pursuant to sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Development Credit Agreement.
1. For the purposes of this Annex:
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Borrower shall open and maintain in dollars nineteen separate Euro two special deposit accounts (accounts, namely the Federal Federation Special Account and the Republika Srpska Special Account, and in a Special Account for each Participating State) in commercial banksbank, 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 Special Accounts have been opened, withdrawals from the Credit Account of amounts to be deposited into said the Special Accounts shall be made as follows:
(a) until the Association shall have received: (i) the first Project Management Report referred to in Section 4.02 3.02 (b) of this the Federation Project Agreement and Republika Srpska Project 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) upon receipt by the Association of a Project Management Report pursuant to Section 4.02 3.02 (b) of this the Federation Project Agreement and Republika Srpska Project 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 each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of a each Special Account, the 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 any Special Account:
(a) if the Association determines at any time that any Project Management Report does not adequately provide the information required pursuant to Section 4.02 3.02 of this Agreementthe Project Agreements;
(b) if the Association determines at any time that all further withdrawals should be made by the Borrower directly from the Credit Account; or
(c) if the Borrower shall have failed to furnish to the Association within the period of time specified in Section 4.01 3.01 (b) (iib)(ii) of this Agreementthe Project Agreements, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: of (A) the records and accounts for any Special Account; Account or (B) the records and accounts reflecting expenditures with respect to which withdrawals were made on the basis of Project Management Reports.
5. The Association shall not be required to make further deposits into any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the 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 Borrower of its determination.
(a) If the Association determines at any time that any payment out of any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into 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 any Special Account shall be made until the 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 any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a Special Account.
(d) Refunds to the Association made pursuant to sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Development Credit Agreement.
1. For the purposes of this Annex:
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Borrower shall open and maintain in dollars nineteen Taka two separate special deposit accounts accounts, one for Parts A.4 (b) (ii) and A.6 of the Federal Special AccountProject and another for the other Parts of the Project, and in a Special Account for each Participating State) in commercial banksbank, 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 a Special Accounts have Account has been opened, withdrawals from the Credit Account of amounts to be deposited into said Special Accounts Account shall be made as follows:
(a) until the Association 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) upon receipt by the Association 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 each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of a Special Account, the 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 any Special Account:
(a) if the Association determines at any time that any Project Management Report does not adequately provide the information required pursuant to Section 4.02 of this Agreement;
(b) if the Association determines at any time that all further withdrawals should be made by the Borrower directly from the Credit Account; or
(c) if the 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: (A) the records and accounts for any Special Account; or (B) the records and accounts reflecting expenditures with respect to which withdrawals were made on the basis of Project Management Reports.
5. The Association shall not be required to make further deposits into any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the 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 Borrower of its determination.
(a) If the Association determines at any time that any payment out of any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into 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 any Special Account shall be made until the 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 any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a Special Account.
(d) Refunds to the Association made pursuant to sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Development Credit Agreement.
1. For the purposes of this Annex:, the term "Authorized Allocation" means: (i) in respect of the Special Account for Parts A.4 (b) (ii) and A.6 of the Project, an amount equivalent to $850,000 to be withdrawn from the Credit Account and deposited into said 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 equivalent to $500,000 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 equal or exceed the equivalent of SDR 2,000,000; and (ii) in respect of the Special Account for the other Parts of the Project, an amount equivalent to $1,050,000 to be withdrawn from the Credit Account and deposited into said 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 equivalent to $800,000 until the aggregate amount of withdrawals from the Credit Account of amounts allocated 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 equal or exceed the equivalent of SDR 3,000,000.
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Borrower shall open and maintain in dollars nineteen separate Dollars two special deposit accounts (accounts, namely the Federal Federation Special Account and the Republika Srpska Special Account, and in a Special Account for each Participating State) in commercial banksbank, 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 Special Accounts have been opened, withdrawals from the Credit Account of amounts to be deposited into said the Special Accounts shall be made as follows:
(a) until the Association shall have received: (i) the first Project Management Report referred to in Section 4.02 (b3.02(b) of this the Federation Project Agreement and Republika Srpska Project 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) upon receipt by the Association of a Project Management Report Reports pursuant to Section 4.02 3.02 (b) of this the Federation Project Agreement and Republika Srpska Project 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 each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of a each Special Account, the 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 any Special Account:
(a) if the Association determines at any time that any Project Management Report does not adequately provide the information required pursuant to Section 4.02 3.02 of this Agreementthe Project Agreements;
(b) if the Association determines at any time that all further withdrawals should be made by the Borrower directly from the Credit Account; or
(c) if the Borrower shall have failed to furnish to the Association within the period of time specified in Section 4.01 3.01 (b) (ii) of this Agreementthe Project Agreements, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: of (A) the records and accounts for any Special Account; Account or (B) the records and accounts reflecting expenditures with respect to which withdrawals were made on the basis of Project Management Reports.
5. The Association shall not be required to make further deposits into any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the 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 Borrower of its determination.
(a) If the Association determines at any time that any payment out of any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into 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 any Special Account shall be made until the 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 any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a the Special Account.
(d) Refunds to the Association made pursuant to sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Development Credit this Agreement.
1. For the purposes of this Annex:
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Borrower shall open and maintain in dollars nineteen separate Dollars a special deposit accounts (the Federal Special Account, and a Special Account account for each Participating State) Part of the Project in the Central Bank of Turkey or a commercial banks, bank on terms and conditions satisfactory to the AssociationBank, including appropriate protection against set-off, seizure and attachment.
2. After the Association Bank has received evidence satisfactory to it that the a Special Accounts have Account has been opened, withdrawals from the Credit Loan Account of amounts to be deposited into said Special Accounts Account shall be made as follows:
(a) until the Association Bank shall have received: (i) the first Project Management Report of the Project Agencies referred to in Section 4.02 (b4.02(b) of this Agreementthe respective Project Agreements; 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) upon receipt by the Association Bank of a Project Management Report pursuant to Section 4.02 (b4.02(b) of this the respective Project 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 each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of a Special Account, the 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 Special Account:
(a) if the Association Bank determines at any time that any Project Management Report does not adequately provide the information required pursuant to Section 4.02 of this the respective Project Agreement;
(b) if the Association Bank determines at any time that all further withdrawals should be made by the Borrower directly from the Credit Loan Account; or
(c) if the 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 the respective Project 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 (A) the records and accounts for any Special Account; Account or (B) the records and accounts reflecting expenditures with respect to which withdrawals were made on the basis of Project Management Reports.
5. The Association Bank shall not be required to make further deposits into any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association Bank shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Credit 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 said Special Accounts Account may be made and what procedures should be followed for making such deposits, and shall notify the Borrower of its determination.
(a) If the Association Bank determines at any time that any payment out of any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the AssociationBank, the Borrower shall, promptly upon notice from the AssociationBank, provide such additional evidence as the Association Bank may request, or deposit into 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 said Special Account shall be made until the 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 Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the AssociationBank, refund to the Association Bank such outstanding amount.
(c) The Borrower may, upon notice to the AssociationBank, refund to the Association Bank all or any portion of the funds on deposit in a Special Account.
(d) Refunds to the Association Bank made pursuant to sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Loan Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Development Credit this Agreement.
1. For the purposes of this Annex:
Appears in 1 contract
Samples: Loan Agreement
Special Accounts. 1. The Borrower shall open and maintain in dollars nineteen separate Dollars two special deposit accounts (accounts, namely the Federal Federation Special Account and the Republika Srpska Special Account, and in a Special Account for each Participating State) in commercial banksbank, 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 Special Accounts have been opened, withdrawals from the Credit Account of amounts to be deposited into said the Special Accounts shall be made as follows:
(a) until the Association shall have received: (i) the first Project Management Report referred to in Section 4.02 3.02 (b) of this the Federation Project Agreement and Republika Srpska Project 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) upon receipt by the Association of a Project Management Report Reports pursuant to Section 4.02 3.02 (b) of this the Federation Project Agreement and Republika Srpska Project 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 each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of a each Special Account, the 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 any Special Account:
(a) if the Association determines at any time that any Project Management Report does not adequately provide the information required pursuant to Section 4.02 3.02 of this Agreementthe Project Agreements;
(b) if the Association determines at any time that all further withdrawals should be made by the Borrower directly from the Credit Account; or
(c) if the Borrower shall have failed to furnish to the Association within the period of time specified in Section 4.01 3.01 (b) (ii) of this Agreementthe Project Agreements, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of: of (A) the records and accounts for any Special Account; Account or (B) the records and accounts reflecting expenditures with respect to which withdrawals were made on the basis of Project Management Reports.
5. The Association shall not be required to make further deposits into any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the 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 Borrower of its determination.
(a) If the Association determines at any time that any payment out of any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into 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 any Special Account shall be made until the 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 any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a the Special Account.
(d) Refunds to the Association made pursuant to sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Development Credit this Agreement.
1. For the purposes of this Annex:
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Borrower shall shall, for the purposes of each of Part B of the Project, and Parts A, C, D, E and F of the Project, open and maintain in dollars nineteen two (2) separate special deposit accounts (the Federal Special Account, and a Special Account for each Participating State) in commercial banksits Central Bank, 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 a Special Accounts have Account has been opened, withdrawals from the Credit Account of amounts to be deposited into the said Special Accounts Account shall be made as follows:
(a) until the Association 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) upon receipt by the Association 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 each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of a Special Account, the 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 any Special Account:
(a) if the Association determines at any time that any Project Management Report does not adequately provide the information required pursuant to Section 4.02 of this Agreement;
(b) if the Association determines at any time that all further withdrawals should be made by the Borrower directly from the Credit Account; or
(c) if the 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: of (A) the records and accounts for any Special Account; , or (B) the records and accounts reflecting expenditures with respect to which withdrawals were made on the basis of Project Management Reports.
5. The Association shall not be required to make further deposits into any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the 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 Borrower of its determination.
(a) If the Association determines at any time that any payment out of any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into 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 any Special Account shall be made until the 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 any Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a Special Account.
(d) Refunds to the Association made pursuant to sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Development Credit Agreement.
1. For the purposes of this Annex:, the term "Authorized Allocation" means: (i) in respect of the Special Account for Part B of the Project, an amount equivalent to $500,000 to be withdrawn from the Credit Account and deposited into the Special Account pursuant to paragraph 2 of this Annex; and (ii) in respect of the Special Account for Parts A, C, D, E and F of the Project, an amount equivalent to $500,000 to be withdrawn from the Credit Account and deposited into the Special Account pursuant to paragraph 2 of this Annex.
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Borrower shall open and maintain one special deposit account (hereinafter referred to as Special Account A) in respect of Category (1) of the table in Part A.1 of Schedule 1 to this Agreement for the purposes of Parts A through C of the Project, and another special deposit account (hereinafter referred to as Special Account B) in respect of Categories (2), (3), (4) and (5) of the said table for the purposes of Parts D and E of the Project. Each special account shall be opened and maintained in dollars nineteen separate special deposit accounts (the Federal Special Account, and in a Special Account for each Participating State) in commercial banks, bank on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and or attachment.
2. After the Association has received evidence satisfactory to it that the a Special Accounts have Account has been opened, withdrawals from the Credit Account of amounts to be deposited into said the Special Accounts Account shall be made as follows:
(a) until the Association 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) upon receipt by the Association 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 each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of a Special Account, the 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 any a Special Account:
(a) if the Association determines at any time that any Project Management Report does not adequately provide the information required pursuant to Section 4.02 of this Agreement;
(b) if the Association determines at any time that all further withdrawals should be made by the Borrower directly from the Credit Account; or
(c) if the 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: (A) the records and accounts for any the Special Account; , or (B) the records and accounts reflecting expenditures with respect to which withdrawals were made on the basis of Project Management Reports.
5. The Association shall not be required to make further deposits into any a Special Account in accordance with the provisions of Part B.2 of this Schedule Schedule, if, at any time, the Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the 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 Borrower of its determination.
(a) If the Association determines at any time that any payment out of any a Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into said the 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 any the Special Account shall be made until the 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 any a Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a any Special Account.
(d) Refunds to the Association made pursuant to sub-paragraph subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Development Credit Agreement.
1. For the purposes of this Annex:, the term "Authorized Allocation" means an amount equivalent to $4,200,000 in the case of Special Account A, and $800,000 in the case of Special Account B, to be withdrawn from the Credit Account and deposited into the respective Special 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 $2,100,000 in the case of Special Account A, and $400,000 in the case of Special Account B, until: (i) in the case of Special Account A, the aggregate amount of withdrawals from the Credit Account allocated to Parts A through C 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 C of the Project, shall be equal to or exceed the equivalent of SDR 10,000,000, and (ii) in the case of Special Account B, the aggregate amount of withdrawals from the Credit Account allocated to Parts D and E 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 D and E of the Project, shall be equal to or exceed the equivalent of SDR 5,000,000.
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Borrower shall Upon receipt of notification from the Association allowing the establishment of such accounts, the Recipient may open and maintain in dollars nineteen separate Dollars: (a) a special deposit accounts account for Part A and Part C of the Project (the Federal PL480 Special Account, ); and (b) a special deposit account for Part B of the Project (DPC Special Account for each Participating State) Account); all in commercial banksa bank acceptable to the Association, 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 Special Accounts have been opened, withdrawals from the Credit Grant Account of amounts to be deposited into said any of the Special Accounts shall be made as follows:
(a) until if the Association 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 ReportsRecipient is not making Report-based Disbursements, withdrawals shall be made in accordance with the provisions of Annex A to this Schedule 1; and
(b) upon receipt by if the Association of a Project Management Report pursuant to Section 4.02 (b) of this AgreementRecipient is making Report-based Disbursements, 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 each any of the Special Account Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower Recipient out of a any of the Special AccountAccounts, the Borrower 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 any of the Special AccountAccounts:
(a) if the Association determines Association, at any time time, is not satisfied that any Project Management Report does not the reports referred to in Part A.5 of this Schedule 1 adequately provide the information required pursuant to Section 4.02 of this Agreementfor 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 Borrower Recipient directly from the Credit Grant Account; or
(c) if the Borrower Recipient 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: (A) the records and accounts for any each of the Special AccountAccounts; or (B) the records and accounts reflecting expenditures with respect to which withdrawals were Report-based Disbursements or were made on the basis of Project Management Reportsstatements of expenditure, as the case may be.
5. The Association shall not be required to make further deposits into any of the Special Account Accounts in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower Recipient of its intention to suspend in whole or in part the right of the Borrower Recipient to make withdrawals from the Credit 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 any of the Special Accounts may be made and what procedures should be followed for making such deposits, and shall notify the Borrower Recipient of its determination.
(a) If the Association determines at any time that any payment out of any of the Special Account Accounts was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower Recipient shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into 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 any of the Special Account Accounts shall be made until the Borrower 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 any of the Special Account Accounts will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower Recipient shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Borrower Recipient may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a any of the Special AccountAccounts.
(d) Refunds to the Association made pursuant to sub-paragraph subparagraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Grant Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Development Credit Grant Agreement.
1. For the purposes of this Annex:, the term “Authorized Allocation” means: (a) the amount of $600,000 to be withdrawn from the Grant Account and deposited into the PL480 Special Account; and (b) the amount of $300,000 to be withdrawn from the Grant Account and deposited into the DPC Special Account, all pursuant to paragraph 2 of this Annex.
Appears in 1 contract
Samples: Development Grant Agreement
Special Accounts. 1. The Borrower shall open and maintain in dollars nineteen separate Dollars special deposit accounts accounts: (the Federal Special Account, and a
a) Special Account A for each Participating Statethe purposes of Part A of the Project; and (b) Special Account B for the purposes of Parts B, C, D and E of the Project; in a commercial bank or banks, 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 a Special Accounts have Account has been opened, withdrawals from the Credit Account of amounts to be deposited into said the Special Accounts Account shall be made as follows:
(a) until the Association shall have received: (i) the first Project Management Report referred to in Section 4.02 (b4.02(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) upon receipt by the Association of a Project Management Report pursuant to Section 4.02 (b4.02(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 each the Special Account Accounts shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of a the respective Special Account, the 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 any the Special AccountAccounts:
(a) if the Association determines at any time that any Project Management Report does not adequately provide the information required pursuant to Section 4.02 of this Agreement;
(b) if the Association determines at any time that all further withdrawals should be made by the Borrower directly from the Credit Account; or
(c) if the Borrower shall have failed to furnish to the Association Association, 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 pursuant to said Section in respect of the audit of: of (A) the records and accounts for any the respective Special Account; , or (B) the records and accounts reflecting expenditures with respect to which withdrawals were made on the basis of Project Management Reports.
5. The Association shall not be required to make further deposits into any the respective Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the 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 Borrower of its determination.
(a) If the Association determines at any time that any payment out of any the respective Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the Association, the Borrower shall, promptly upon notice from the Association, provide such additional evidence as the Association may request, or deposit into said 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 any the respective Special Account shall be made until the 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 any the Special Account Accounts will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount.
(c) The Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in a the respective Special Account.
(d) Refunds to the Association made pursuant to sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Development Credit this Agreement.
1. For the purposes of this Annex:, the term “Authorized Allocation” means an amount to be withdrawn from the Credit Account and deposited into the Special Accounts pursuant to paragraph 2 of this Annex, equivalent, in the case of the Special Account A to $800,000, and in the case of the Special Account B to $800,000; provided, however, that, unless the Association shall otherwise agree, the Authorized Allocation shall be limited to: (a) an amount equivalent to $300,000 in the case of the Special Account A, 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 equal or exceed the equivalent of SDR 1,100,000; and (b) an amount equivalent to $300,000 in the case 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 equal or exceed the equivalent of SDR 1,100,000.
Appears in 1 contract
Samples: Development Credit Agreement
Special Accounts. 1. The Borrower shall open and maintain in United States dollars nineteen two separate special deposit accounts accounts, the first (the Federal Special Account, and a Special Account for each Participating StateA) in commercial banksrespect of Categories (1), (2)(a), (3)(a) and (4) and the second (Special Account B) in respect of Categories 2(b) and (3)(b), in its Central Bank, on terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachmentBank.
2. After the Association Bank has received evidence satisfactory to it that the a Special Accounts have Account has been opened, withdrawals from the Credit Loan Account of amounts to be deposited into the said Special Accounts Account shall be made as follows:
(a) until the Association Bank shall have received: (i) the first Project Management Report referred to in Section 4.02 (b4.02(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) upon receipt by the Association Bank of a Project Management Report pursuant to Section 4.02 (b4.02(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 each Special Account shall be made exclusively for Eligible Expenditures. For each payment made by the Borrower out of a any Special Account, the 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 Special Account:
(a) if the Association Bank determines at any time that any Project Management Report does not adequately provide the information required pursuant to Section 4.02 of this Agreement;
(b) if the Association Bank determines at any time that all further withdrawals should be made by the Borrower directly from the Credit Loan Account; or
(c) if the 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: :
(A) the records and accounts for any Special Account; , or (B) the records and accounts reflecting expenditures with respect to which withdrawals were made on the basis of Project Management Reports.
5. The Association Bank shall not be required to make further deposits into any Special Account in accordance with the provisions of Part B.2 of this Schedule if, at any time, the Association Bank shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Credit 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 Borrower of its determination.
(a) If the Association Bank determines at any time that any payment out of any Special Account was made for an expenditure which is not an Eligible Expenditure, or was not justified by the evidence furnished to the AssociationBank, the Borrower shall, promptly upon notice from the AssociationBank, provide such additional evidence as the Association Bank may request, or deposit into the 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 Special Account shall be made until the 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 Special Account will not be required to cover payments for Eligible Expenditures during the six-month period following such determination, the Borrower shall, promptly upon notice from the AssociationBank, refund to the Association Bank such outstanding amount.
(c) The Borrower may, upon notice to the AssociationBank, refund to the Association Bank all or any portion of the funds on deposit in a Special Account.
(d) Refunds to the Association Bank made pursuant to sub-paragraph (a), (b) or (c) of this paragraph 6 shall be credited to the Credit Loan Account for subsequent withdrawal or for cancellation in accordance with the provisions of the Development Credit Loan Agreement.
1. For the purposes of this Annex:, the term “Authorized Allocation” means: (i) in respect of Special Account A, an amount equivalent to five million United States dollars (US$5,000,000) to be withdrawn from the Loan Account and deposited into the Special Account pursuant to paragraph 2 of this Annex; provided, however, that unless the Bank shall otherwise agree, said Authorized Allocation shall be limited to an amount equivalent to two million United States dollars (US$2,000,000), until the aggregate amount of withdrawals from the Loan Account of amounts allocated to said Special Account’s Eligible Categories, plus the total amount of all outstanding special commitments entered into by the Bank pursuant to Section 5.02 of the General Conditions in respect of amounts allocated to said Categories, shall equal or exceed the equivalent of seven million United States dollars (US$7,000,000); and (ii) in respect of Special Account B, an amount equivalent to three hundred fifty thousand United States dollars (US$350,000) to be withdrawn from the Loan Account and deposited into the Special Account pursuant to paragraph 2 of this Annex; provided, however, that unless the Bank shall otherwise agree, said Authorized Allocation shall be limited to an amount equivalent to two hundred thousand United States dollars (US$200,000), until the aggregate amount of withdrawals from the Loan Account of amounts allocated to said Special Account’s Eligible Categories, plus the total amount of all outstanding special commitments entered into by the Bank pursuant to Section 5.02 of the General Conditions in respect of amounts allocated to said Categories, shall equal or exceed the equivalent of one million United States dollars (US$1,000,000).
Appears in 1 contract
Samples: Loan Agreement