Suspension of Operations and Settlement of Obligations. (a) The Association may permanently suspend its operations by vote of a majority of the Governors exercising a majority of the total voting power. After such suspension of operations the Association shall forthwith cease all activities, except those incident to the orderly realization, conservation and preservation of its assets and settlement of its obligations. Until final settlement of such obligations and distribution of such assets, the Association shall remain in existence and all mutual rights and obligations of the Association and its members under this Agreement shall continue unimpaired, except that no member shall be suspended or shall withdraw and that no distribution shall be made to members except as in this Section provided. (b) No distribution shall be made to members on account of their subscriptions until all liabilities to creditors shall have been discharged or provided for and until the Board of Governors, by vote of a majority of the Governors exercising a majority of the total voting power, shall have decided to make such distribution. (c) Subject to the foregoing, and to any special arrangements for the disposition of supplementary resources agreed upon in connection with the provision of such resources to the Association, the Association shall distribute its assets to members pro rata in proportion to amounts paid in by them on account of their subscriptions. Any distribution pursuant to the foregoing provision of this paragraph (c) shall be subject, in the case of any member, to prior settlement of all outstanding claims by the Association against such member. Such distribution shall be made at such times, in such currencies, and in cash or other assets as the Association shall deem fair and equitable. Distribution to the several members need not be uniform in respect of the type of assets distributed or of the currencies in which they are expressed. (d) Any member receiving assets distributed by the Association pursuant to this Section or Section 4 shall enjoy the same rights with respect to such assets as the Association enjoyed prior to their distribution.
Appears in 4 contracts
Samples: Articles of Agreement, Articles of Agreement, Articles of Agreement
Suspension of Operations and Settlement of Obligations. (a) The Association Corporation may permanently suspend its operations by vote of a majority of the Governors exercising a majority of the total voting power. After such suspension of operations the Association Corporation shall forthwith cease all activities, except those incident incidents to the orderly realization, conservation and preservation of its assets and settlement of its obligations. Until final settlement of such obligations and distribution of such assets, the Association Corporation shall remain in existence and all mutual rights and obligations of the Association Corporation and its members under this Agreement shall continue unimpaired, except that no member shall be suspended or shall withdraw and that no distribution shall be made to members except as in this Section provided.
(b) No distribution shall be made to members on account of their subscriptions to the capital stock of the Corporation until all liabilities to creditors shall have been discharged or provided for and until the Board of Governors, by vote of a majority of the Governors exercising a majority of the total voting power, shall have decided to make such distribution.
(c) Subject to the foregoing, and to any special arrangements for the disposition of supplementary resources agreed upon in connection with the provision of such resources to the Association, the Association Corporation shall distribute its the assets of the Corporation to members pro rata in proportion to amounts paid in capital stock held by them on account of their subscriptions. Any distribution pursuant to the foregoing provision of this paragraph (c) shall be them, subject, in the case of any member, to prior settlement of all outstanding claims by the Association Corporation against such member. Such distribution shall be made at such times, in such currencies, and in cash or other assets as the Association Corporation shall deem fair and equitable. Distribution The shares distributed to the several members need not necessarily be uniform in respect of the type of assets distributed or of the currencies in which they are expressed.
(d) Any member receiving assets distributed by the Association pursuant to this Section or Section 4 shall enjoy the same rights with respect to such assets as the Association enjoyed prior to their distribution.
Appears in 2 contracts
Samples: Articles of Agreement, Articles of Agreement
Suspension of Operations and Settlement of Obligations. (a) In an emergency the Executive Directors may suspend temporarily operations in respect of new loans and guarantees pending an opportunity for further consideration and action by the Board of Governors.
(b) The Association Bank may suspend permanently suspend its operations in respect of new loans and guarantees by a vote of a majority of the Governors Governors, exercising a majority of the total voting power. After such suspension of operations the Association Bank shall forthwith cease all activities, except those incident to the orderly realization, conservation conservation, and preservation of its assets and settlement of its obligations. Until final settlement of such obligations and distribution of such assets, the Association shall remain in existence and all mutual rights and obligations of the Association and its members under this Agreement shall continue unimpaired, except that no member shall be suspended or shall withdraw and that no distribution shall be made to members except as in this Section provided.
(bc) The liability of all members for uncalled subscriptions to the capital stock of the Bank and in respect of the depreciation of their own currencies shall continue until all claims of creditors, including all contingent claims, shall have been discharged.
(d) All creditors holding direct shall be paid out of the assets of the Bank, and then out of payments to the Bank on calls on unpaid subscriptions. Before making any payments to creditors holding direct claims, the Executive Directors shall make such arrangements as are necessary, in their judgment, to insure a distribution to holders of contingent claims ratably with creditors holding direct claims.
(e) No distribution shall be made to members on account of their subscriptions to the capital stock of the Bank until (i) all liabilities to creditors shall have been discharged or provided for for, and until the Board of Governors, by vote of (ii) a majority of the Governors Governors, exercising a majority of the total voting power, shall have decided to make such a distribution.
(cf) Subject After a decision to make a distribution has been taken under (e) above, the Executive Directors may by a two-thirds majority vote make successive distributions of the assets of the Bank to members until all of the assets have been distributed. This distribution shall be subject to the foregoing, and to any special arrangements for the disposition of supplementary resources agreed upon in connection with the provision of such resources to the Association, the Association shall distribute its assets to members pro rata in proportion to amounts paid in by them on account of their subscriptions. Any distribution pursuant to the foregoing provision of this paragraph (c) shall be subject, in the case of any member, to prior settlement of all outstanding claims by the Association against such member. Such distribution shall be made at such times, in such currencies, and in cash or other assets as the Association shall deem fair and equitable. Distribution to the several members need not be uniform in respect of the type of assets distributed or of the currencies in which they are expressedBank against each member.
(dg) Any Before any distribution of assets is made, the Executive Directors shall fix the proportionate share of each member receiving according to the ratio of its shareho lding to the total outstanding shares of the Bank.
(h) The Executive Directors shall value the assets to be distributed by as at the Association pursuant date of distribution and then proceed to this Section distribute in the following manner: (i) There shall be paid to each member in its own obligations or Section 4 shall enjoy those of its official agencies or legal entities within its territories, insofar as they are available for distribution, an amount equivalent in value to its proportionate share of the same rights with respect total amount to such assets as the Association enjoyed prior to their distributionbe distributed.
Appears in 1 contract
Samples: Articles of Agreement
Suspension of Operations and Settlement of Obligations. (a) In an emergency the Executive Directors may suspend temporarily operations in respect of new loans and guarantees pending an opportunity for further consideration and action by the Board of Governors.
(b) The Association Bank may suspend permanently suspend its operations in respect of new loans and guarantees by vote of a majority of the Governors Governors, exercising a majority of the total voting power. After such suspension of operations the Association Bank shall forthwith cease all activities, except those incident to the orderly realization, conservation conservation, and preservation of its assets and settlement of its obligations. Until final settlement of such obligations and distribution of such assets, the Association shall remain in existence and all mutual rights and obligations of the Association and its members under this Agreement shall continue unimpaired, except that no member shall be suspended or shall withdraw and that no distribution shall be made to members except as in this Section provided.
(bc) The liability of all members for uncalled subscriptions to the capital stock of the Bank and in respect of the depreciation of their own currencies shall continue until all claims of creditors, including all contingent claims, shall have been discharged.
(d) All creditors holding direct claims shall be paid out of the assets of the Bank, and then out of payments to the Bank on calls on unpaid subscriptions. Before making any payments to creditors holding direct claims, the Executive Directors shall make such arrangements as are necessary, in their judgment, to insure a distribution to holders of contingent claims ratably with creditors holding direct claims.
(e) No distribution shall be made to members on account of their subscriptions until to the capital stock of the Bank until
(i) all liabilities to creditors shall have been discharged or provided for and until the Board of Governorsfor, by vote of and
(ii) a majority of the Governors Governors, exercising a majority of the total voting power, shall have decided to make such a distribution.
(cf) Subject After a decision to make a distribution has been taken under (e) above, the Executive Directors may by a two-thirds majority vote make successive distributions of the assets of the Bank to members until all of the assets have been distributed. This distribution shall be subject to the foregoing, and to any special arrangements for the disposition of supplementary resources agreed upon in connection with the provision of such resources to the Association, the Association shall distribute its assets to members pro rata in proportion to amounts paid in by them on account of their subscriptions. Any distribution pursuant to the foregoing provision of this paragraph (c) shall be subject, in the case of any member, to prior settlement of all outstanding claims by the Association against such member. Such distribution shall be made at such times, in such currencies, and in cash or other assets as the Association shall deem fair and equitable. Distribution to the several members need not be uniform in respect of the type of assets distributed or of the currencies in which they are expressedBank against each member.
(dg) Before any distribution of assets is made, the Executive Directors shall fix the proportionate share of each member according to the ratio of its shareholding to the total outstanding shares of the Bank.
(h) The Executive Directors shall value the assets to be distributed as at the date of distribution and then proceed to distribute in the following manner:
(i) There shall be paid to each member in its own obligations or those of its official agencies or legal entities within its territories, insofar as they are available for distribution, an amount equivalent in value to its proportionate share of the total amount to be distributed.
(ii) Any balance due to a member after payment has been made under (i) above shall be paid, in its own currency, insofar as it is held by the Bank, up to an amount equivalent in value to such balance.
(iii) Any balance due to a member after payment has been made under (i) and (ii) above shall be paid in gold or currency acceptable to the member, insofar as they are held by the Bank, up to an amount equivalent in value to such balance.
(iv) Any remaining assets held by the Bank after payments have been made to members under (i), (ii), and (iii) above shall be distributed pro rata among the members.
(i) Any member receiving assets distributed by the Association pursuant to this Section or Section 4 Bank in accordance with (h) above, shall enjoy the same rights with respect to such assets as the Association Bank enjoyed prior to their distribution.
Appears in 1 contract
Samples: Articles of Agreement of the International Bank for Reconstruction and Development
Suspension of Operations and Settlement of Obligations. (a) In an emergency the Executive Directors may suspend temporarily operations in respect of new loans and guarantees pending an opportunity for further consideration and action by the Board of Governors.
(b) The Association Bank may suspend permanently suspend its operations in respect of new loans and guarantees by vote of a majority of the Governors Governors, exercising a majority of the total voting power. After such suspension of operations the Association Bank shall forthwith cease all activities, except those incident to the orderly realization, conservation conservation, and preservation of its assets and settlement of its obligations. Until final settlement of such obligations and distribution of such assets, the Association shall remain in existence and all mutual rights and obligations of the Association and its members under this Agreement shall continue unimpaired, except that no member shall be suspended or shall withdraw and that no distribution shall be made to members except as in this Section provided.
(bc) The liability of all members for uncalled subscriptions to the capital stock of the Bank and in respect of the depreciation of their own currencies shall continue until all claims of creditors, including all contingent claims, shall have been discharged.
(d) All creditors holding direct claims shall be paid out of the assets of the Bank, and then out of payments to the Bank on calls on unpaid subscriptions. Before making any payments to creditors holding direct claims, the Executive Directors shall make such arrangements as are necessary, in their judgment, to insure a distribution to holders of contingent claims retably with creditors holding direct claims.
(e) No distribution shall be made to members on account of their subscriptions until to the capital stock of the Bank until.
(i) all liabilities to creditors shall have been discharged or provided for and until the Board of Governorsfor, by vote of and
(ii) a majority of the Governors Governors, exercising a majority of the total voting power, shall have decided to make such a distribution.
(cf) Subject After a decision to make a distribution has been taken under (e) above, the Executive Directors may by a two-thirds majority vote make successive distributions of the assets of the Bank to members until all of the assets have been distributed. This distribution shall be subject to the foregoing, and to any special arrangements for the disposition of supplementary resources agreed upon in connection with the provision of such resources to the Association, the Association shall distribute its assets to members pro rata in proportion to amounts paid in by them on account of their subscriptions. Any distribution pursuant to the foregoing provision of this paragraph (c) shall be subject, in the case of any member, to prior settlement of all outstanding claims by the Association against such member. Such distribution shall be made at such times, in such currencies, and in cash or other assets as the Association shall deem fair and equitable. Distribution to the several members need not be uniform in respect of the type of assets distributed or of the currencies in which they are expressedBank against each member.
(dg) Before any distribution of assets is made, the Executive Directors shall fix the proportionate share of each member according to the ratio of its shareholding to the total outstanding shares of the Bank.
(h) The Executive Directors shall value the assets to be distributed as at the date of distribution and then proceed to distribute in the following manner:
(i) There shall be paid to each member in its own obligations or those of its official agencies or legal entities within its territories, insofar as they are available for distribution, an amount equivalent in value to its proportionate share of the total amount to be distributed.
(ii) Any balance due to a member after payment has been made under (i) above shall be paid, in its own currency, insofar as it is held by the Bank, up to an amount equivalent in value to such balance.
(iii) Any balance due to a member after payment has been made under (i) and (ii) above shall be paid in gold or currency acceptable to the member, insofar as they are held by the Bank, up to an amount equivalent in value to such balance.
(iv) Any remaining assets held by the Bank after payments have been made to members under (i), (ii), and (iii) above shall be distributed pro rata among the members.
(i) Any member receiving assets distributed by the Association pursuant to this Section or Section 4 Bank in accordance with (h) above, shall enjoy the same rights with respect to such assets as the Association Bank enjoyed prior to their distribution.
Appears in 1 contract
Samples: Articles of Agreement