Account Withdrawal Documents. A set of Account Withdrawal Documents shall be deemed properly delivered by Borrower to Lender if such Account Withdrawal Documents have been properly completed to the satisfaction of Lender and delivered in accordance with the applicable time requirements set forth herein and Section 3.1 of the Depositary Agreement. Unless specifically stated herein, all Account Withdrawal Instructions are to be completed by Borrower and submitted to Lender for approval and signature and then forwarded by Lender to Depositary in accordance with the applicable time requirements set forth herein and the provisions of the Depositary Agreement. To the extent that any directions to Depositary or any requested actions by Depositary under this Article IX require actions to be taken by Borrower and Borrower fails to perform such actions, or if any Account Withdrawal Documents submitted by Borrower are incorrect or if an Event of Default has occurred and is continuing or would occur based on Borrower’s failure to submit, or to submit accurate and necessary, Account Withdrawal Instructions, Lender is entitled to perform such actions by completing and executing an Account Withdrawal Instruction and delivering such Account Withdrawal Instruction to Depositary in accordance with the terms of the Depositary Agreement.
Appears in 3 contracts
Samples: Loan Agreement (Sunpower Corp), Loan Agreement (Sunpower Corp), Loan Agreement (Sunpower Corp)
Account Withdrawal Documents. A set of Account Withdrawal Documents shall be deemed properly delivered by Borrower to Lender Administrative Agent if such Account Withdrawal Documents have been properly completed to the satisfaction of Lender Administrative Agent and delivered in accordance with the applicable time requirements set forth herein and Section 3.1 of the Depositary Agreementherein. Unless specifically stated herein, all Account Withdrawal Instructions are to be completed by Borrower and submitted to Lender Administrative Agent for approval and signature and then forwarded by Lender Administrative Agent to Collateral Agent to direct Depositary in accordance with the applicable time requirements set forth herein and the provisions of the Depositary Agreementherein. To the extent that any directions to Depositary or any requested actions by Depositary under this Article IX 7 require actions to be taken by Borrower and Borrower fails to perform such actions, or if any Account Withdrawal Documents submitted by Borrower are incorrect or if an Event of Default has occurred and is continuing or would occur based on Borrower’s failure to submit, or to submit accurate and necessary, Account Withdrawal Instructions, Lender Administrative Agent is entitled to perform such actions by completing and executing an Account Withdrawal Instruction and delivering such Account Withdrawal Instruction to Depositary in accordance with the terms of Collateral Agent to direct the Depositary AgreementDepositary.
Appears in 2 contracts
Samples: Credit Agreement (Bloom Energy Corp), Credit Agreement (Bloom Energy Corp)