Common use of Transfers of Assets Clause in Contracts

Transfers of Assets. (A) Each Party shall permit all transfers relating to an investment to be made freely and without delay. Such transfers include: i) profits, dividends, interest, capital gains, royalty payments, management fees, technical assistance and other fees, returns in kind, physical assets and other amounts derived from the investment; ii) proceeds from the sale of all or any part of the investment or from the partial or complete liqui- dation of the investment; iii) payments made under a contract entered into by the investor, or its investment, including pay- ments made pursuant to a loan agreement; iv) payments made pursuant to Article 8; and v) payments arising under any dispute settlement process. (B) Each Party shall permit transfers to be made in a freely usable currency at the market rate of exchange prevailing on the date of transfer with respect to spot transactions in the currency to be transferred. (C) Notwithstanding Paragraphs (A) and (B), a Party may prevent a transfer through the equitable, non- discriminatory and good faith application of its laws relating to: i) bankruptcy, insolvency or the protection of the rights of creditors; ii) issuing, trading or dealing in securities; iii) criminal or penal offenses; iv) reports of transfers of currency or other monetary instruments; or v) ensuring the satisfaction of judgments in adjudicatory proceedings. (D) Notwithstanding Paragraph (B), a Party may restrict transfers or returns in kind in circumstances where it could otherwise restrict such transfers under this Agreement. Part 3. Obligations and Duties of Investors and Investments

Transfers of Assets. (A) Each Party shall permit all transfers relating to an investment to be made freely and without delay. Such transfers include: i) profits, dividends, interest, capital gains, royalty payments, management fees, technical assistance and other fees, returns in kind, physical assets and other amounts derived from the investment; ii) proceeds from the sale of all or any part of the investment or from the partial or complete liqui- dation of the investment; iii) payments made under a contract entered into by the investor, or its investment, including pay- ments made pursuant to a loan agreement; iv) payments made pursuant to Article 8; and v) payments arising under any dispute settlement process. (B) Each Party shall permit transfers to be made in a freely usable currency at the market rate of exchange prevailing on the date of transfer with respect to spot transactions in the currency to be transferred. (C) Notwithstanding Paragraphs (A) and (B), a Party may prevent a transfer through the equitable, non- discriminatory and good faith application of its laws relating to: i) bankruptcy, insolvency or the protection of the rights of creditors; ii) issuing, trading or dealing in securities; iii) criminal or penal offenses; iv) reports of transfers of currency or other monetary instruments; or v) ensuring the satisfaction of judgments in adjudicatory proceedings. (D) Notwithstanding Paragraph (B), a Party may restrict transfers or returns in kind in circumstances where it could otherwise restrict such transfers under this Agreement. Part 3. Obligations and Duties of Investors and Investments.