Disbursement procedure. 1.2.A Tranches 1.2.B Disbursement Request (a) The Borrower may present to the Bank a Disbursement Request for the disbursement of a Tranche, such Disbursement Request to be received at the latest 15 (fifteen) days before the Final Availability Date. The Disbursement Request shall be in the form set out in Schedule C.1 and shall specify: (i) the amount and currency of the Tranche; (ii) the preferred disbursement date for the Tranche; such preferred disbursement date must be a Relevant Business Day falling at least 15 (fifteen) days after the date of the Disbursement Request and, in any event, on or before the Final Availability Date, it being understood that notwithstanding the Final Availability Date the Bank may disburse the Tranche up to 4 (four) calendar months from the date of the Disbursement Request; (iii) whether the Tranche is a Fixed Rate Tranche or a Floating Rate Tranche, each pursuant to the relevant provisions of Article 3.1; (iv) the preferred interest payment periodicity for the Tranche, chosen in accordance with Article 3.1; (v) the preferred terms for repayment of principal for the Tranche, chosen in accordance with Article 4.1; (vi) the preferred first and last dates for repayment of principal for the Tranche; (vii) the Borrower’s choice of Interest Revision/Conversion Date, if any, for the Tranche; and (viii) the IBAN code (or appropriate format in line with local banking practice) and SWIFT BIC of the bank account to which disbursement of the Tranche should be made in accordance with Article 1.2.D. (b) If the Bank, following a request by the Borrower, has provided the Borrower, before the submission of the Disbursement Request, with a non-binding fixed interest rate or spread quotation to be applicable to the Tranche, the Borrower may also at its discretion specify in the Disbursement Request such quotation, that is to say: (i) in the case of a Fixed Rate Tranche, the aforementioned fixed interest rate previously quoted by the Bank; or (ii) in the case of a Floating Rate Tranche, the aforementioned spread previously quoted by the Bank, applicable to the Tranche until the Maturity Date or until the Interest Revision/Conversion Date, if any. (c) Each Disbursement Request shall be accompanied by evidence of the authority of the person or persons authorised to sign it and the specimen signature of such person or persons or a declaration by the Borrower that no change has occurred in relation to the authority of the person or persons authorised to sign Disbursement Requests under this Contract.
Appears in 2 contracts
Samples: Financial Agreement, Financial Agreement
Disbursement procedure. 1.2.A Tranches 1.2.B Disbursement RequestThe disbursement of each Tranche is determined through the following procedure:
(aA) The Disbursement Request Prior to each disbursement and upon prior consultation with CEB, the Borrower may present shall submit to the Bank CEB a Disbursement Request for the disbursement of a Tranche, such Disbursement Request to be received at the latest 15 (fifteen) days before the Final Availability Date. The Disbursement Request shall be request substantially in the form set out in Schedule C.1 and shall specify:under Appendix 3 hereto (hereinafter, a “Disbursement Request”).
(i) the amount Currency(ies) and currency of amount(s) for the Tranche;
(ii) the preferred disbursement date for the TrancheDisbursement Date; such preferred disbursement date must Disbursement Date shall be a Relevant Business Day falling at least 15 five (fifteen5) days Business Days after the date of the Disbursement Request and, in any event, on or before the Final Availability Date, it being understood that notwithstanding the Final Availability Date the Bank may disburse the Tranche up to 4 (four) calendar months from the date of the Disbursement Request;
(iii) whether Principal Repayment Date(s), including the Maturity Date, taking into account that the Principal Repayment Period for each Tranche is shall not exceed twenty (20) years including a grace period not greater than five (5) years;
(iv) maximum Fixed Interest Rate Tranche or a Floating Rate Tranche, each pursuant maximum Spread to the Reference Rate;
(v) Interest Period and Interest Payment Dates;
(vi) Day Count Convention and Business Days; and (vii)Borrower’s account for payments. Each Disbursement Request delivered to the CEB shall be irrevocable, unless otherwise agreed in writing by the CEB.
(B) Disbursement Notice If the CEB receives a Disbursement Request that complies with the Disbursement Request requirements set out in Sub-clause 4.3(a) above, and if all other relevant provisions of Article 3.1Disbursement Conditions as defined in Sub-clause 4.5 (Disbursement Conditions) below have been fulfilled by the Borrower, the CEB shall deliver to the Borrower a disbursement notice substantially in the form set out under Appendix 3 hereto (hereinafter, a “Disbursement Notice”). Each Disbursement Notice shall be delivered at least two (2) Business Days before the proposed Disbursement Date.
A Disbursement Notice shall specify:
(i) the Currency(ies) and the amount(s) for the Tranche;
(ii) the Disbursement Date;
(iii) the Principal Repayment Period and Principal Repayment Date(s), including the Maturity Date;
(iv) the preferred interest payment periodicity for Fixed Interest Rate or the Tranche, chosen in accordance with Article 3.1Spread to the Reference Rate;
(v) the preferred terms for repayment of principal for Interest Period and the Tranche, chosen in accordance with Article 4.1Interest Payment Dates;
(vi) the preferred first Day Count Convention and last dates for repayment of principal for the Tranche;
Business Days; and (vii) the vii)the Borrower’s choice and the CEB’s accounts for payments. A Disbursement Notice matching the elements included in a Disbursement Request shall constitute an irrevocable and unconditional commitment on the part of Interest Revision/Conversion Datethe Borrower to borrow from the CEB and on the part of the CEB to disburse to the Borrower the Tranche under the terms and conditions specified in the Disbursement Notice. Notwithstanding the above, if any, for the Tranche; and
CEB has not delivered a Disbursement Notice within ten (viii10) Business Days following the IBAN code (or appropriate format in line with local banking practice) and SWIFT BIC receipt of the bank account to which disbursement of the Tranche should be made in accordance with Article 1.2.D.
(b) If the Bank, following a request by the Borrower, has provided the Borrower, before the submission of the Disbursement Request, with a non-binding fixed interest rate or spread quotation to be applicable to the Tranche, the Borrower may also at its discretion specify in the Disbursement Request such quotation, that is to say:
(i) in the case of a Fixed Rate Tranche, the aforementioned fixed interest rate previously quoted by the Bank; or
(ii) in the case of a Floating Rate Tranche, the aforementioned spread previously quoted by the Bank, applicable to the Tranche until the Maturity Date or until the Interest Revision/Conversion Date, if any.
(c) Each relevant Disbursement Request shall be accompanied by evidence of the authority of the person or persons authorised to sign it and the specimen signature of such person or persons or a declaration by the Borrower that no change has occurred in relation to the authority of the person or persons authorised to sign Disbursement Requests under this Contractdeemed as cancelled.
Appears in 2 contracts
Samples: Oквирни Споразум О Зајму, Loan Agreement
Disbursement procedure. 1.2.A Tranches The Bank shall disburse the Credit in up to 5 (five) Tranches. The amount of each Tranche, if not being the undrawn balance of the Credit, shall be in a minimum amount of EUR 10,000,000 (ten million euros). The amount of the first Tranche shall be a minimum of EUR 5,000,000 (five million euros). 1.2.B Disbursement Request
(a) The Borrower may present to the Bank a Disbursement Request for the disbursement of a Tranche, such Disbursement Request to be received at the latest 15 (fifteen) days before the Final Availability Date. The Disbursement Request shall be in the form set out in Schedule C.1 and shall specify:
(i) the amount and currency of the Tranche;
(ii) the preferred disbursement date for the Tranche; such preferred disbursement date must be a Relevant Business Day falling at least 15 (fifteen) days after the date of the Disbursement Request and, in any event, on or before the Final Availability Date, it being understood that notwithstanding the Final Availability Date the Bank may disburse the Tranche up to 4 (four) calendar months from the date of the Disbursement Request;
(iii) whether the Tranche is a Fixed Rate Tranche or a Floating Rate Tranche, each pursuant to the relevant provisions of Article 3.1;
(iv) the preferred interest payment periodicity for the Tranche, chosen in accordance with Article 3.1;
(v) the preferred terms for repayment of principal for the Tranche, chosen in accordance with Article 4.1;
(vi) the preferred first and last dates for repayment of principal for the Tranche;
(vii) the Borrower’s choice of Interest Revision/Conversion Date, if any, for the Tranche; and
(viii) the IBAN code (or appropriate format in line with local banking practice) and SWIFT BIC of the bank account to which disbursement of the Tranche should be made in accordance with Article 1.2.D.
(b) If the Bank, following a request by the Borrower, has provided the Borrower, before the submission of the Disbursement Request, with a non-non binding fixed interest rate or spread quotation to be applicable to the Tranche, the Borrower may also at its discretion specify in the Disbursement Request such quotation, that is to say:
(i) in the case of a Fixed Rate Tranche, the aforementioned fixed interest rate previously quoted by the Bank; or
(ii) in the case of a Floating Rate Tranche, the aforementioned spread previously quoted by the Bank, applicable to the Tranche until the Maturity Date or until the Interest Revision/Conversion Date, if any.
(c) Each Disbursement Request shall be accompanied by evidence of the authority of the person or persons authorised to sign it and the specimen signature of such person or persons or a declaration by the Borrower that no change has occurred in relation to the authority of the person or persons authorised to sign Disbursement Requests under this Contract.
Appears in 1 contract
Samples: Financial Agreement
Disbursement procedure. 1.2.A Tranches 1.2.B Disbursement RequestThe disbursement of each Tranche is determined through the following procedure:
(a) The Disbursement Request Prior to each disbursement and upon prior consultation with CEB, the Borrower may present shall submit to the Bank CEB a Disbursement Request for the disbursement of a Tranche, such Disbursement Request to be received at the latest 15 (fifteen) days before the Final Availability Date. The Disbursement Request shall be request substantially in the form set out in Schedule C.1 and shall specify:under Appendix 3 hereto (hereinafter, a “Disbursement Request”).
(i) the amount Currency(ies) and currency of amount(s) for the Tranche;
(ii) the preferred disbursement date for the TrancheDisbursement Date; such preferred disbursement date must Disbursement Date shall be a Relevant Business Day falling at least 15 five (fifteen5) days Business Days after the date of the Disbursement Request and, in any event, on or before the Final Availability Date, it being understood that notwithstanding the Final Availability Date the Bank may disburse the Tranche up to 4 (four) calendar months from the date of the Disbursement Request;
(iii) whether Principal Repayment Date(s), including the Maturity Date, taking into account that the Principal Repayment Period for each Tranche is shall not exceed twenty (20) years including a grace period not greater than five (5) years;
(iv) maximum Fixed Interest Rate Tranche or a Floating Rate Tranche, each pursuant maximum Spread to the Reference Rate;
(v) Interest Period and Interest Payment Dates;
(vi) Day Count Convention and Business Days; and
(vii) Borrower’s account for payments. Each Disbursement Request delivered to the CEB shall be irrevocable, unless otherwise agreed in writing by the CEB.
(b) Disbursement Notice If the CEB receives a Disbursement Request that complies with the Disbursement Request requirements set out in Sub-clause 4.3(a) above, and if all other relevant provisions of Article 3.1Disbursement Conditions as defined in Sub-clause 4.5 (Disbursement Conditions) below have been fulfilled by the Borrower, the CEB shall deliver to the Borrower a disbursement notice substantially in the form set out under Appendix 3 hereto (hereinafter, a “Disbursement Notice”). Each Disbursement Notice shall be delivered at least two (2) Business Days before the proposed Disbursement Date.
A Disbursement Notice shall specify:
(i) the Currency(ies) and the amount(s) for the Tranche;
(ii) the Disbursement Date;
(iii) the Principal Repayment Period and Principal Repayment Date(s), including the Maturity Date;
(iv) the preferred interest payment periodicity for Fixed Interest Rate or the Tranche, chosen in accordance with Article 3.1Spread to the Reference Rate;
(v) the preferred terms for repayment of principal for Interest Period and the Tranche, chosen in accordance with Article 4.1Interest Payment Dates;
(vi) the preferred first Day Count Convention and last dates for repayment of principal for the Tranche;
Business Days; and (vii) the vii)the Borrower’s choice and the CEB’s accounts for payments. A Disbursement Notice matching the elements included in a Disbursement Request shall constitute an irrevocable and unconditional commitment on the part of Interest Revision/Conversion Datethe Borrower to borrow from the CEB and on the part of the CEB to disburse to the Borrower the Tranche under the terms and conditions specified in the Disbursement Notice. Notwithstanding the above, if any, for the Tranche; and
CEB has not delivered a Disbursement Notice within ten (viii10) Business Days following the IBAN code (or appropriate format in line with local banking practice) and SWIFT BIC receipt of the bank account to which disbursement of the Tranche should be made in accordance with Article 1.2.D.
(b) If the Bank, following a request by the Borrower, has provided the Borrower, before the submission of the Disbursement Request, with a non-binding fixed interest rate or spread quotation to be applicable to the Tranche, the Borrower may also at its discretion specify in the Disbursement Request such quotation, that is to say:
(i) in the case of a Fixed Rate Tranche, the aforementioned fixed interest rate previously quoted by the Bank; or
(ii) in the case of a Floating Rate Tranche, the aforementioned spread previously quoted by the Bank, applicable to the Tranche until the Maturity Date or until the Interest Revision/Conversion Date, if any.
(c) Each relevant Disbursement Request shall be accompanied by evidence of the authority of the person or persons authorised to sign it and the specimen signature of such person or persons or a declaration by the Borrower that no change has occurred in relation to the authority of the person or persons authorised to sign Disbursement Requests under this Contractdeemed as cancelled.
Appears in 1 contract
Samples: Oквирни Споразум О Зајму
Disbursement procedure. 1.2.A Tranches 1.2.B The disbursement of each Tranche is determined through the following procedure:
(a) Disbursement Request
(a) The Borrower may present to the Bank a Disbursement Request for the disbursement of a Tranche, such Disbursement Request to be received at the latest 15 (fifteen) days before the Final Availability Date. The Disbursement Request shall be in the form set out in Schedule C.1 and shall specify:
(i) the amount Currency(ies) and currency of amount(s) for the Tranche;
(ii) the preferred disbursement date for the TrancheDisbursement Date; such preferred disbursement date must Disbursement Date shall be a Relevant Business Day falling at least 15 five (fifteen5) days Business Days after the date of the Disbursement Request and, in any event, on or before the Final Availability Date, it being understood that notwithstanding the Final Availability Date the Bank may disburse the Tranche up to 4 (four) calendar months from the date of the Disbursement Request;
(iii) whether Principal Repayment Date(s), including the Maturity Date, taking into account that the Principal Repayment Period for each Tranche is shall not exceed twenty (20) years including a grace period not greater than five (5) years;
(iv) maximum Fixed Interest Rate Tranche or a Floating Rate Tranche, each pursuant maximum Spread to the Reference Rate;
(v) Interest Period and Interest Payment Dates;
(vi) Day Count Convention and Business Days; and (vii)Xxxxxxxx’x account for payments. Each Disbursement Request delivered to the CEB shall be irrevocable, unless otherwise agreed in writing by the CEB.
(b) Disbursement Notice If the CEB receives a Disbursement Request that complies with the Disbursement Request requirements set out in Sub-clause 4.3(a) above, and if all other relevant provisions of Article 3.1Disbursement Conditions as defined in Sub-clause 4.5 (Disbursement Conditions) below have been fulfilled by the Borrower, the CEB shall deliver to the Borrower a disbursement notice substantially in the form set out under Appendix 3 hereto (hereinafter, a “Disbursement Notice”). Each Disbursement Notice shall be delivered at least two (2) Business Days before the proposed Disbursement Date.
A Disbursement Notice shall specify:
(i) the Currency(ies) and the amount(s) for the Tranche;
(ii) the Disbursement Date;
(iii) the Principal Repayment Period and Principal Repayment Date(s), including the Maturity Date;
(iv) the preferred interest payment periodicity for Fixed Interest Rate or the Tranche, chosen in accordance with Article 3.1Spread to the Reference Rate;
(v) the preferred terms for repayment of principal for Interest Period and the Tranche, chosen in accordance with Article 4.1Interest Payment Dates;
(vi) the preferred first Day Count Convention and last dates for repayment of principal for the Tranche;
Business Days; and (vii) the vii)the Borrower’s choice of Interest Revision/Conversion Date, if any, and the CEB’s accounts for payments. A Disbursement Notice matching the Tranche; and
(viii) elements included in a Disbursement Request shall constitute an irrevocable and unconditional commitment on the IBAN code (or appropriate format in line with local banking practice) and SWIFT BIC part of the bank account Borrower to which disbursement borrow from the CEB and on the part of the Tranche should be made in accordance with Article 1.2.D.
(b) If the Bank, following a request by the Borrower, has provided the Borrower, before the submission of the Disbursement Request, with a non-binding fixed interest rate or spread quotation CEB to be applicable disburse to the Tranche, Borrower the Borrower may also at its discretion specify Tranche under the terms and conditions specified in the Disbursement Request such quotation, that is to say:
(i) in Notice. Notwithstanding the case of a Fixed Rate Tranche, the aforementioned fixed interest rate previously quoted by the Bank; or
(ii) in the case of a Floating Rate Tranche, the aforementioned spread previously quoted by the Bank, applicable to the Tranche until the Maturity Date or until the Interest Revision/Conversion Dateabove, if any.
(c) Each the CEB has not delivered a Disbursement Request shall be accompanied by evidence of the authority of the person or persons authorised to sign it and the specimen signature of such person or persons or a declaration by the Borrower that no change has occurred in relation to the authority of the person or persons authorised to sign Disbursement Requests under this Contract.Notice within ten
Appears in 1 contract
Samples: Оквирни Споразум О Зајму
Disbursement procedure. 1.2.A Tranches 1.2.B Disbursement RequestThe disbursement of each Tranche is determined through the following procedure:
(a) The Disbursement Request Prior to each disbursement and upon prior consultation with CEB, the Borrower may present shall submit to the Bank CEB a Disbursement Request for the disbursement of a Tranche, such Disbursement Request to be received at the latest 15 (fifteen) days before the Final Availability Date. The Disbursement Request shall be request substantially in the form set out in Schedule C.1 and shall specify:under Appendix 3 hereto (hereinafter, a “Disbursement Request”).
(i) the amount Currency(ies) and currency of amount(s) for the Tranche;
(ii) the preferred disbursement date for the TrancheDisbursement Date; such preferred disbursement date must Disbursement Date shall be a Relevant Business Day falling at least 15 five (fifteen5) days Business Days after the date of the Disbursement Request and, in any event, on or before the Final Availability Date, it being understood that notwithstanding the Final Availability Date the Bank may disburse the Tranche up to 4 (four) calendar months from the date of the Disbursement Request;
(iii) whether Principal Repayment Date(s), including the Maturity Date, taking into account that the Principal Repayment Period for each Tranche is shall not exceed twenty (20) years including a grace period not greater than five (5) years;
(iv) maximum Fixed Interest Rate Tranche or a Floating Rate Tranche, each pursuant maximum Spread to the Reference Rate;
(v) Interest Period and Interest Payment Dates;
(vi) Day Count Convention and Business Days; and
(vii) Xxxxxxxx’x account for payments. Each Disbursement Request delivered to the CEB shall be irrevocable, unless otherwise agreed in writing by the CEB.
(b) Disbursement Notice If the CEB receives a Disbursement Request that complies with the Disbursement Request requirements set out in Sub-clause 4.3(a) above, and if all other relevant provisions of Article 3.1Disbursement Conditions as defined in Sub-clause 4.5 (Disbursement Conditions) below have been fulfilled by the Borrower, the CEB shall deliver to the Borrower a disbursement notice substantially in the form set out under Appendix 3 hereto (hereinafter, a “Disbursement Notice”). Each Disbursement Notice shall be delivered at least two (2) Business Days before the proposed Disbursement Date.
A Disbursement Notice shall specify:
(i) the Currency(ies) and the amount(s) for the Tranche;
(ii) the Disbursement Date;
(iii) the Principal Repayment Period and Principal Repayment Date(s), including the Maturity Date;
(iv) the preferred interest payment periodicity for Fixed Interest Rate or the Tranche, chosen in accordance with Article 3.1Spread to the Reference Rate;
(v) the preferred terms for repayment of principal for Interest Period and the Tranche, chosen in accordance with Article 4.1Interest Payment Dates;
(vi) the preferred first Day Count Convention and last dates for repayment of principal for the Tranche;Business Days; and
(vii) the Borrower’s choice and the CEB’s accounts for payments. A Disbursement Notice matching the elements included in a Disbursement Request shall constitute an irrevocable and unconditional commitment on the part of Interest Revision/Conversion Datethe Borrower to borrow from the CEB and on the part of the CEB to disburse to the Borrower the Tranche under the terms and conditions specified in the Disbursement Notice. Notwithstanding the above, if any, for the Tranche; and
CEB has not delivered a Disbursement Notice within ten (viii10) Business Days following the IBAN code (or appropriate format in line with local banking practice) and SWIFT BIC receipt of the bank account to which disbursement of the Tranche should be made in accordance with Article 1.2.D.
(b) If the Bank, following a request by the Borrower, has provided the Borrower, before the submission of the Disbursement Request, with a non-binding fixed interest rate or spread quotation to be applicable to the Tranche, the Borrower may also at its discretion specify in the Disbursement Request such quotation, that is to say:
(i) in the case of a Fixed Rate Tranche, the aforementioned fixed interest rate previously quoted by the Bank; or
(ii) in the case of a Floating Rate Tranche, the aforementioned spread previously quoted by the Bank, applicable to the Tranche until the Maturity Date or until the Interest Revision/Conversion Date, if any.
(c) Each relevant Disbursement Request shall be accompanied by evidence of the authority of the person or persons authorised to sign it and the specimen signature of such person or persons or a declaration by the Borrower that no change has occurred in relation to the authority of the person or persons authorised to sign Disbursement Requests under this Contractdeemed as cancelled.
Appears in 1 contract
Samples: Framework Loan Agreement
Disbursement procedure. 1.2.A Tranches 1.2.B Disbursement RequestThe disbursement of each Tranche is determined through the following procedure:
(a) The Disbursement Request Prior to each disbursement and upon prior consultation with CEB, the Borrower may present shall submit to the Bank CEB a Disbursement Request for the disbursement of a Tranche, such Disbursement Request to be received at the latest 15 (fifteen) days before the Final Availability Date. The Disbursement Request shall be request substantially in the form set out in Schedule C.1 and shall specify:under Appendix 3 hereto (hereinafter, a “Disbursement Request”).
(i) the amount Currency(ies) and currency of amount(s) for the Tranche;
(ii) the preferred disbursement date for the TrancheDisbursement Date; such preferred disbursement date must Disbursement Date shall be a Relevant Business Day falling at least 15 five (fifteen5) days Business Days after the date of the Disbursement Request and, in any event, on or before the Final Availability Date, it being understood that notwithstanding the Final Availability Date the Bank may disburse the Tranche up to 4 (four) calendar months from the date of the Disbursement Request;
(iii) whether Principal Repayment Date(s), including the Maturity Date, taking into account that the Principal Repayment Period for each Tranche is shall not exceed twenty (20) years including a grace period not greater than five (5) years;
(iv) maximum Fixed Interest Rate Tranche or a Floating Rate Tranche, each pursuant maximum Spread to the Reference Rate;
(v) Interest Period and Interest Payment Dates;
(vi) Day Count Convention and Business Days; and
(vii) Borrower’s account for payments. Each Disbursement Request delivered to the CEB shall be irrevocable, unless otherwise agreed in writing by the CEB.
(b) Disbursement Notice If the CEB receives a Disbursement Request that complies with the Disbursement Request requirements set out in Sub-clause 4.3(a) above, and if all other relevant provisions of Article 3.1Disbursement Conditions as defined in Sub-clause 4.5 (Disbursement Conditions) below have been fulfilled by the Borrower, the CEB shall deliver to the Borrower a disbursement notice substantially in the form set out under Appendix 3 hereto (hereinafter, a “Disbursement Notice”). Each Disbursement Notice shall be delivered at least two (2) Business Days before the proposed Disbursement Date.
A Disbursement Notice shall specify:
(i) the Currency(ies) and the amount(s) for the Tranche;
(ii) the Disbursement Date;
(iii) the Principal Repayment Period and Principal Repayment Date(s), including the Maturity Date;
(iv) the preferred interest payment periodicity for Fixed Interest Rate or the Tranche, chosen in accordance with Article 3.1Spread to the Reference Rate;
(v) the preferred terms for repayment of principal for Interest Period and the Tranche, chosen in accordance with Article 4.1Interest Payment Dates;
(vi) the preferred first Day Count Convention and last dates for repayment of principal for the Tranche;Business Days; and
(vii) the Borrower’s choice and the CEB’s accounts for payments. A Disbursement Notice matching the elements included in a Disbursement Request shall constitute an irrevocable and unconditional commitment on the part of Interest Revision/Conversion Datethe Borrower to borrow from the CEB and on the part of the CEB to disburse to the Borrower the Tranche under the terms and conditions specified in the Disbursement Notice. Notwithstanding the above, if any, for the Tranche; and
CEB has not delivered a Disbursement Notice within ten (viii10) Business Days following the IBAN code (or appropriate format in line with local banking practice) and SWIFT BIC receipt of the bank account to which disbursement of the Tranche should be made in accordance with Article 1.2.D.
(b) If the Bank, following a request by the Borrower, has provided the Borrower, before the submission of the Disbursement Request, with a non-binding fixed interest rate or spread quotation to be applicable to the Tranche, the Borrower may also at its discretion specify in the Disbursement Request such quotation, that is to say:
(i) in the case of a Fixed Rate Tranche, the aforementioned fixed interest rate previously quoted by the Bank; or
(ii) in the case of a Floating Rate Tranche, the aforementioned spread previously quoted by the Bank, applicable to the Tranche until the Maturity Date or until the Interest Revision/Conversion Date, if any.
(c) Each relevant Disbursement Request shall be accompanied by evidence of the authority of the person or persons authorised to sign it and the specimen signature of such person or persons or a declaration by the Borrower that no change has occurred in relation to the authority of the person or persons authorised to sign Disbursement Requests under this Contractdeemed as cancelled.
Appears in 1 contract
Samples: Framework Loan Agreement
Disbursement procedure. 1.2.A Tranches 1.2.B The disbursement of each Tranche is determined through the following procedure: - Disbursement Request
(a) The Request Prior to each disbursement and upon prior consultation with CEB, the Borrower may present shall submit to the Bank CEB a Disbursement Request for the disbursement of a Tranche, such Disbursement Request to be received at the latest 15 (fifteen) days before the Final Availability Date. The Disbursement Request shall be request substantially in the form set out in Schedule C.1 and shall specify:under Appendix 3 hereto (hereinafter, a “Disbursement Request”).
(i) the amount Currency(ies) and currency of amount(s) for the Tranche;
(ii) the preferred disbursement date for the TrancheDisbursement Date; such preferred disbursement date must Disbursement Date shall be a Relevant Business Day falling at least 15 five (fifteen5) days Business Days after the date of the Disbursement Request and, in any event, on or before the Final Availability Date, it being understood that notwithstanding the Final Availability Date the Bank may disburse the Tranche up to 4 (four) calendar months from the date of the Disbursement Request;
(iii) whether Principal Repayment Date(s), including the Maturity Date, taking into account that the Principal Repayment Period for each Tranche is shall not exceed twenty (20) years including a grace period not greater than five (5) years;
(iv) maximum Fixed Interest Rate Tranche or a Floating Rate Tranche, each pursuant maximum Spread to the Reference Rate;
(v) Interest Period and Interest Payment Dates;
(vi) Day Count Convention and Business Days; and
(vii) Borrower’s account for payments. Each Disbursement Request delivered to the CEB shall be irrevocable, unless otherwise agreed in writing by the CEB. - Disbursement Notice If the CEB receives a Disbursement Request that complies with the Disbursement Request requirements set out in Sub-clause 4.3(a) above, and if all other relevant provisions of Article 3.1Disbursement Conditions as defined in Sub-clause 4.5 (Disbursement Conditions) below have been fulfilled by the Borrower, the CEB shall deliver to the Borrower a disbursement notice substantially in the form set out under Appendix 3 hereto (hereinafter, a “Disbursement Notice”). Each Disbursement Notice shall be delivered at least two (2) Business Days before the proposed Disbursement Date.
A Disbursement Notice shall specify:
(i) the Currency(ies) and the amount(s) for the Tranche;
(ii) the Disbursement Date;
(iii) the Principal Repayment Period and Principal Repayment Date(s), including the Maturity Date;
(iv) the preferred interest payment periodicity for Fixed Interest Rate or the Tranche, chosen in accordance with Article 3.1Spread to the Reference Rate;
(v) the preferred terms for repayment of principal for Interest Period and the Tranche, chosen in accordance with Article 4.1Interest Payment Dates;
(vi) the preferred first Day Count Convention and last dates for repayment of principal for the Tranche;
Business Days; and (vii) the vii)the Borrower’s choice and the CEB’s accounts for payments. A Disbursement Notice matching the elements included in a Disbursement Request shall constitute an irrevocable and unconditional commitment on the part of Interest Revision/Conversion Datethe Borrower to borrow from the CEB and on the part of the CEB to disburse to the Borrower the Tranche under the terms and conditions specified in the Disbursement Notice. Notwithstanding the above, if any, for the Tranche; and
CEB has not delivered a Disbursement Notice within ten (viii10) Business Days following the IBAN code (or appropriate format in line with local banking practice) and SWIFT BIC receipt of the bank account to which disbursement of the Tranche should be made in accordance with Article 1.2.D.
(b) If the Bank, following a request by the Borrower, has provided the Borrower, before the submission of the Disbursement Request, with a non-binding fixed interest rate or spread quotation to be applicable to the Tranche, the Borrower may also at its discretion specify in the Disbursement Request such quotation, that is to say:
(i) in the case of a Fixed Rate Tranche, the aforementioned fixed interest rate previously quoted by the Bank; or
(ii) in the case of a Floating Rate Tranche, the aforementioned spread previously quoted by the Bank, applicable to the Tranche until the Maturity Date or until the Interest Revision/Conversion Date, if any.
(c) Each relevant Disbursement Request shall be accompanied by evidence of the authority of the person or persons authorised to sign it and the specimen signature of such person or persons or a declaration by the Borrower that no change has occurred in relation to the authority of the person or persons authorised to sign Disbursement Requests under this Contractdeemed as cancelled.
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