Common use of Upon signature of Additional Agreement No Clause in Contracts

Upon signature of Additional Agreement No. 2 and until the Credit repayment (return) date (day), ensure aggregate quarterly revenue1 from sale of goods or rendering of services at settlement accounts opened at the Bank, Gazprombank (Switzerland) AG and/or GPB International S.a. in the following scope and in accordance with the following procedure: 4.10.1 under agreements concluded between the Group companies, including companies listed in subclause 4.10.2 hereof, and third parties not being Group companies (“External turnovers”) in the scope proportional to the total debt amount of the Group companies to the Bank in the total debt amount of the Group companies to all credit institutions calculated on the first day of each quarter (“Turnovers share”); Obligations to ensure the receipt of revenue from the External turnovers in accordance with subclause 4.10.1, shall not apply to the revenue of the companies included in the Energy Division of the Group in accordance with the latest consolidated financial statements of the Company prepared in accordance with US GAAP/ IFRS; and 4.10.2 under agreements signed by the Borrower, CMP PAO, Yakutugol Holding Company OAO, Urals Stampings Plant OAO, Mechel-Service OOO, Trade Port Posiet OAO and Mechel-Trans OOO with other Group companies (“Internal turnover”) in the same Share of Turnover calculated in accordance with subclause 4.10.1. 4.10.3 If the Group companies for the reasons beyond their control are not able to ensure quarterly revenue inflow from the External turnovers at the settlement accounts opened at the Bank, Gazprombank (Switzerland) AG and/or GPB International S.a. in the amount specified in subclause 4.10.1, the Group companies shall be entitled to compensate for such lack of External turnovers due to revenue from sale of goods or 1 Less the following inflows: • transferring of credits and loans of third parties; • wrongly credited (reversed) monetary funds; • transfer of monetary funds when closing deposit accounts at the Bank; • monetary funds from sale of bills (except when they are received in payment of goods (works, services); • recording of conversion operations from Settlement accounts in foreign currency and Settlement accounts at the Bank, Gazprombank (Switzerland) AG and/or GPB International S.a. with subsequent crediting to the same accounts; • transfers of funds from one account opened at the Bank to another one; • transfer of funds to the Borrower’s accounts at the Bank, Gazprombank (Switzerland) AG and/or GPB International S.a. from its accounts at other banks, including deposit ones; • revenues from sale of shares and/or other securities, equity interests in authorized (reserve) capitals of other companies; • return of advance payments; and • other inflows that are not revenue. provision of services under the contracts signed with other Group companies but in the amount not exceeding 10 (Ten) percent from the revenue from the External Turnovers to be entered in this quarter.

Appears in 1 contract

Samples: Additional Agreement to Credit Facility Agreement (Mechel OAO)

AutoNDA by SimpleDocs

Upon signature of Additional Agreement No. 2 1 and until the Credit repayment (return) date (day), ensure aggregate quarterly revenue1 from sale of goods or rendering of services at settlement accounts opened at the Bank, Gazprombank (Switzerland) AG and/or GPB International S.a. in the following scope and in accordance with the following procedure: 4.10.1 under agreements concluded between the Group companies, including companies listed in subclause 4.10.2 hereof, and third parties not being Group companies (“External turnovers”) in the scope proportional to the total debt amount of the Group companies to the Bank in the total debt amount of the Group companies to all credit institutions calculated on the first day of each quarter (“Turnovers share”); Obligations to ensure the receipt of revenue from the External turnovers in accordance with subclause 4.10.1, shall not apply to the revenue of the companies included in the Energy Division of the Group in accordance with the latest consolidated financial statements of the Company prepared in accordance with US GAAP/ IFRS; and 4.10.2 under agreements signed by the Borrower, CMP PAO, Yakutugol Holding Company Southern Kuzbass OAO, Urals Stampings Plant OAO, Mechel-Service OOO, Trade Port Posiet OAO and Mechel-Trans OOO with other Group companies (“Internal turnover”) in the same Share of Turnover calculated in accordance with subclause 4.10.1. 4.10.3 If the Group companies for the reasons beyond their control are not able to ensure quarterly revenue inflow from the External turnovers at the settlement accounts opened at the Bank, Gazprombank (Switzerland) AG and/or GPB International S.a. in the amount specified in subclause 4.10.1, the Group companies shall be entitled to compensate for such lack of External turnovers due to revenue from sale of goods or 1 Less the following inflows: • transferring of credits and loans of third parties; • wrongly credited (reversed) monetary funds; • transfer of monetary funds when closing deposit accounts at the Bank; • monetary funds from sale of bills (except when they are received in payment of goods (works, services); • recording of conversion operations from Settlement accounts in foreign currency and Settlement accounts at the Bank, Gazprombank (Switzerland) AG and/or GPB International S.a. with subsequent crediting to the same accounts; • transfers of funds from one account opened at the Bank to another one; • transfer of funds to the Borrower’s accounts at the Bank, Gazprombank (Switzerland) AG and/or GPB International S.a. from its accounts at other banks, including deposit ones; • revenues from sale of shares and/or other securities, equity interests in authorized (reserve) capitals of other companies; • return of advance payments; and • other inflows that are not revenue. such lack of External turnovers due to revenue from sale of goods or provision of services under the contracts signed with other Group companies but in the amount not exceeding 10 (Ten) percent from the revenue from the External Turnovers to be entered in this quarter.

Appears in 1 contract

Samples: Credit Facility Agreement (Mechel OAO)

AutoNDA by SimpleDocs

Upon signature of Additional Agreement No. 2 1 and until the Credit repayment (return) date (day), ensure aggregate quarterly revenue1 from sale of goods or rendering of services at settlement accounts opened at the Bank, Gazprombank (Switzerland) AG and/or GPB International S.a. in the following scope and in accordance with the following procedure: 4.10.1 under agreements concluded between the Group companies, including companies listed in subclause 4.10.2 hereof, and third parties not being Group companies (“External turnovers”) in the scope proportional to the total debt amount of the Group companies to the Bank in the total debt amount of the Group companies to all credit institutions calculated on the first day of each quarter (“Turnovers share”); Obligations to ensure the receipt of revenue from the External turnovers in accordance with subclause 4.10.1, shall not apply to the revenue of the companies included in the Energy Division of the Group in accordance with the latest consolidated financial statements of the Company prepared in accordance with US GAAP/ IFRS; and 4.10.2 under agreements signed by the Borrower, CMP PAO, Yakutugol Holding Company OAO, Urals Stampings Plant OAO, Mechel-Service OOO, Trade Port Posiet OAO and Mechel-Trans OOO with other Group companies (“Internal turnover”) in the same Share of Turnover calculated in accordance with subclause 4.10.1. 4.10.3 If the Group companies for the reasons beyond their control are not able to ensure quarterly revenue inflow from the External turnovers at the settlement accounts opened at the Bank, Gazprombank (Switzerland) AG and/or GPB International S.a. in the amount specified in subclause 4.10.1, the Group companies shall be entitled to compensate for such lack of External turnovers due to revenue from sale of goods or 1 Less the following inflows: • transferring of credits and loans of third parties; • wrongly credited (reversed) monetary funds; • transfer of monetary funds when closing deposit accounts at the Bank; • monetary funds from sale of bills (except when they are received in payment of goods (works, services); • recording of conversion operations from Settlement accounts in foreign currency and Settlement accounts at the Bank, Gazprombank (Switzerland) AG and/or GPB International S.a. with subsequent crediting to the same accounts; • transfers of funds from one account opened at the Bank to another one; • transfer of funds to the Borrower’s accounts at the Bank, Gazprombank (Switzerland) AG and/or GPB International S.a. from its accounts at other banks, including deposit ones; • revenues from sale of shares and/or other securities, equity interests in authorized (reserve) capitals of other companies; • return of advance payments; and • other inflows that are not revenue. 4.10.2 under agreements signed by the Borrower, CMP PAO, Yakutugol Holding Company OAO, Urals Stampings Plant OAO, Mechel-Service OOO, Trade Port Posiet OAO and Mechel-Trans OOO with other Group companies (“Internal turnover”) in the same Share of Turnover calculated in accordance with subclause 4.10.1. 4.10.3 If the Group companies for the reasons beyond their control are not able to ensure quarterly revenue inflow from the External turnovers at the settlement accounts opened at the Bank, Gazprombank (Switzerland) AG and/or GPB International S.a. in the amount specified in subclause 4.10.1, the Group companies shall be entitled to compensate for such lack of External turnovers due to revenue from sale of goods or provision of services under the contracts signed with other Group companies but in the amount not exceeding 10 (Ten) percent from the revenue from the External Turnovers to be entered in this quarter.

Appears in 1 contract

Samples: Credit Facility Agreement (Mechel OAO)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!