1. The net profits of the Company in each year shall be applied in or towards the formation of such reserve fund or funds and in or towards the payment of such dividends and bonuses as the Directors subject to the approval of the Company in General Meeting may direct. No dividend shall be payable except out of the profits of the Company, and no dividend shall carry interest as against the Company.
译文:公司每年的净利润应当用于设立准备金,并按照董事会根据公司在股东大会上的批准所作出的指示,支付股息和红利。股息只能以公司的利润进行支付,公司不对股息支付利息。
2. The Directors may from time to time set aside out of the profits of the Company and carry to reserve such sums as they think proper which, at the discretion of the Directors, shall be applicable for meeting contingencies or for the gradual liquidation of any debt or liability of the Company or for repairing or maintaining the works, plant and machinery of the Company or for special dividends or bonuses or for equalising dividends or for any other purpose to which the profits of the Company may properly be applied and pending such application may either be employed in the business of the Company or be invested.
译文:董事会可以酌情预留适当金额的公司利润作为准备金,由董事会酌情决定用于应对突发事件,逐步清偿公司的债务或责任,维修或维护公司的工程、设备和机械,支付特别股息或红利,平衡股息或者用于适合于公司利润的任何目的,在用于上述目的之前,也可以用于公司的业务或者进行投资。
3. The Directors may divide the reserve into such special funds as they think fit and may consolidate into one fund any special funds or any parts of any special funds into which the reserve may have been dividend. The Directors may also without placing the same to reserve carry forward any profits which they may think it not prudent to divide.
译文:董事会可以酌情将准备金分割为专项资金,也可以将任何专项资金、分割后专项资金的任何一个或多个部分合并为一项资金。董事会认为不分割使用公司利润更为妥当的,也可以不预留准备金而直接将利润结转。
4. Moreover, the Warranty Claims Reserve Amount shall not fund any fees or expenses of any Debtors’ professionals or employees, unless such professionals or employees are retained by the Liquidation Trustee for purposes of the Warranty Trust.
译文:此外,除专家或员工由清算托管人为担保信托组织而聘用的情况外,“担保信托组织行政准备金”不得用于支付任何债务人的专家或员工的任何费用或开支。
5. On or before the Commercial Operations Date, the Company shall establish and maintain, for the remaining Term, a separate reserve fund for the payment of expenses described in Section 9.9(c) (the "Reserve Fund") with a depository institution and under depository agreements reasonably satisfactory to the Power Purchaser.
译文:在商业运营日或之前,公司应当根据符合购电方合理要求的保管人协议,在一家储蓄机构建立单独的准备金,用于支付第9.9条第(c)款所述的费用(以下简称“准备金”),并在本协议的剩余期限内始终保持符合要求。
6. The Reserve Fund shall be funded by the Company out of retained earnings commencing on the date that the first Capacity Payment is made.
译文:准备金应由公司使用自支付第一笔容量款项之日起的留存收益提供资金。
7. Monies in the Reserve Fund may be drawn on and used by the Company, (i) to pay Major Maintenance Expenses (as defined below) and (ii) only to the extent the Company lacks other available funds therefor, for the purpose of paying maintenance and associated operating expenses with respect to the Complex or to pay for alterations, repairs, improvements, renewals and replacements with respect to the Complex which are necessary for the proper operation of the Complex.
译文:公司可以支取准备金款项,用于下列目的:(i)支付大修费用(定义见下文);(ii)仅在公司缺少其他可用资金时,支付与电站相关的维护和相关操作费用,支付电站的适当运营所需的与电站相关的变更、维修、改进、更新和更换费用。
8. If, after the withdrawal of any funds from the Reserve Fund for the purpose described in Section 9.9(c)(ii) hereinabove, the amount remaining in the Reserve Fund is less than the amount required pursuant to Section 9.9(b) hereinabove, the Company shall replenish the Reserve Fund by depositing therein, within one (1) Month after the end of such Month in which such withdrawal occurred, an amount sufficient to restore the amount required in Section 9.9(b) hereinabove.
译文:为上文第9.9条第(c)款第(ii)项所述的目的而从准备金中支取任何资金之后,准备金余额少于上文第9.9条第(b)款规定的数额的,公司应当在支取资金后余额不足以恢复上文第9.9条第(b)款所述数额的月份结束后一(1)个月内通过存入的存款基金补充准备金。
9. “Warranty Claims Reserve Amount” means that aggregate amount of cash and, if applicable, inventory (valued in accordance with the Confirmation Order) computed from time to time so that the percentage relationship between the Assets held in the Warranty Trust and the Warranty Claims Estimated Amount (subject to adjustment from time to time as Warranty Claims are paid and/or disallowed) is equal to the percentage relationship between the Assets held in the Liquidation Trust and the aggregate amount of all filed and/or allowed General Unsecured Claims (subject to adjustment from time to time as General Unsecured Claims are paid and/or disallowed).
译文:“保修索赔准备金额”,是指为确保担保信托组织持有的“资产”与保修索赔估计金额之间的比例关系(在支付和/或“禁止保修索赔”的情况下随时进行调整)等于清算信托组织持有的“资产”与所有提出和/或允许的一般无保修索赔总额之间的比例关系,在任何时间持有的现金总额和依据确认订单计算的库存(如适用)总额(在支付和/或禁止一般无保修索赔的情况下随时进行调整)。
10. The Company in general meeting may upon the recommendation of the Directors resolve to capitalise any part of the amount for the time being standing to the credit of any of the Company's reserve accounts or to the credit of the profit and loss account or otherwise available for distribution, and accordingly that such sums be set free for distribution amongst the Members who would have been entitled thereto if distributed by way of dividend and in the same proportions, on condition that the same be not paid in cash but be applied either in or towards paying up any amounts for the time being unpaid on any shares held by such Members respectively or paying up in full unissued shares or debentures or other obligations of the Company to be allotted and distributed credited as fully paid up to and amongst such Members in the proportions aforesaid, or partly in one way and partly in the other, and the Directors shall give effect to such resolution:
译文:在股东大会上经董事会提议,公司可以作出决议决定将当时计入公司任何准备金账户贷方的任何资金、损益账户贷方的任何资金或者其他可用于分配的资金进行资本化,也可以相应地决定释放这些资金按照分配股息时的方式和比例在股东之间进行分配,但这些资金不得以现金的方式支付,而应当用于偿付这些股东各自所持有的任何股份当时未缴纳的股款,或者用于按相同比例清偿公司未发行的股份或债券中,对这些股东配售、分配、以缴足方式贷记的股份或债券: