Common use of Request for Disbursement Clause in Contracts

Request for Disbursement. 1.1 Simultaneously with the execution of this Agreement, the Borrower shall deliver to JBIC and the JBIC Agent a proposed schedule of disbursement for the JBIC Loan substantially in the form of Schedule 4 to this Annex A. 1.2 The Borrower shall, at least fifteen (15) Business Days prior to the intended date of Disbursement, submit to the JBIC Agent a duly completed Request for Disbursement substantially in the form of Schedule 1 to this Annex A signed by the Borrower and accompanied by a duly completed and signed Statement of Expenditures substantially in the form of Schedule 2 to this Annex A. 1.3 The Statement of Expenditures shall include the expenditures already paid by the Borrower as Project Costs or estimated to be paid through the relevant Disbursement Date. The Statement of Expenditures may also include the expenditures that are scheduled to be paid by the Borrower during the ninety (90) day period after the date of the relevant Statement of Expenditures (the "Estimated Expenditures"), provided that should any Statement of Expenditures include the Estimated Expenditures, the Borrower shall submit to the JBIC Agent the revised relevant Statement of Expenditures promptly after such period. 1.4 In the event that any expenditure shown in a Statement of Expenditures is incurred in a currency other than the Eligible Currency, such amounts shall be converted into the Eligible Currency at a rate of exchange reasonably chosen by the Borrower and used by the Borrower for the preparation of its financial statements, as set forth in the Statement of Expenditures. 1.5 The Request for Disbursement and the Statement of Expenditures shall be reviewed by the JBIC Agent as to its compliance with the provisions of this Agreement. If the Request for Disbursement will result in breach of any provision of this Agreement, the JBIC Agent, after consultation with JBIC, may reject such Request for Disbursement.

Request for Disbursement. 1.1 Simultaneously with Requests for disbursements from the execution Project Addition Escrow Account (each a “Disbursement”) may not be submitted more frequently than monthly and must contain the following: (i) A request for a Disbursement from the Project Addition Escrow Account executed by Borrower for construction of this Agreement, the Borrower shall deliver to JBIC and the JBIC Agent a proposed schedule of disbursement for the JBIC Loan substantially Project in the form of Schedule 4 to this Annex A. 1.2 The Borrower shallExhibit H, at least fifteen (15) Business Days prior to the intended date of Borrower’s Affidavit and Request for Disbursement, submit to the JBIC Agent a duly completed and Contractor’s Request for Disbursement substantially in the form of accompanied by appropriate Schedule 1 to this Annex A A’s, including AIA Document Nos. G702 and G703, signed by the Borrower and accompanied the Project Addition General Contractor. Such request shall only include Verified Project Addition Costs, except as expressly set forth herein, of work done or materials incorporated into the Project Addition between the next preceding Disbursement and the Disbursement being applied for (or other Project Addition Costs approved by Lender and not theretofore the subject of a duly completed Disbursement). (ii) Lien waivers in form acceptable to Lender, from the Project Addition General Contractor and signed Statement of Expenditures substantially in the form of Schedule 2 to this Annex A. 1.3 The Statement of Expenditures shall include the expenditures already paid by the Borrower as Project Costs all Subcontractors for all work done or estimated to be paid material furnished up through the relevant Disbursement Date. The Statement of Expenditures may also include the expenditures that are scheduled to be paid by the Borrower during the ninety (90) day period after and including the date of the relevant Statement of Expenditures Disbursement. (iii) Original invoices and bills for all Verified Project Addition Costs for which the "Estimated Expenditures"), provided that should Disbursement is being requested and a signed request for any Statement of Expenditures include other funds. (iv) Confirmation from the Estimated Expenditures, the Borrower shall submit Inspecting Engineer to the JBIC Agent effect that all of the revised relevant Statement work done and material incorporated for which the Disbursement is being requested, has actually been satisfactorily done and/or incorporated into the Project Addition in accordance with the Project Addition Plans and Specifications, and that the construction of Expenditures promptly after such periodthe Project Addition has proceeded in accordance with the Schedule of Construction for the Project Addition. 1.4 In (v) A date down endorsement, in form and substance acceptable to Lender, from the event that any expenditure shown in a Statement Title Company to the title policy issued pursuant to the Title Commitment, updating Lender’s title policy coverage through the date of Expenditures is incurred in a currency other than the Eligible Currency, such amounts shall be converted into the Eligible Currency at a rate of exchange reasonably chosen by the Borrower and used by the Borrower for the preparation of its financial statements, as set forth in the Statement of Expenditures. 1.5 The Request for Disbursement and the Statement of Expenditures shall be reviewed by the JBIC Agent as to its compliance with the provisions of this Agreement. If the Request for Disbursement will result in breach of any provision of this Agreement, the JBIC Agent, after consultation with JBIC, may reject such Request for Disbursement.