Common use of Accounts Information Clause in Contracts

Accounts Information. (a) The Accounts Bank will: (i) within fifteen (15) Business Days after the end of the month in which the first deposit is made into any Project Account and within fifteen (15) Business Days after the end of each month thereafter, provide the Borrower and the Lender a report with respect to the Project Accounts, setting forth in reasonable detail all deposits to and disbursements from each of the Project Accounts during such month, including the date on which made, and the balances of and any investments in each of the Project Accounts at the end of such month; (ii) within ten (10) Business Days after receipt of any written request by the Borrower or the Lender, provide to the Borrower or the Lender, as the case may be, such other information as the Borrower or the Lender, as the case may be, may reasonably specify regarding all Cash Equivalents and any other investments made by the Accounts Bank pursuant hereto and regarding amounts available in the Project Accounts; and (iii) without in any way limiting the foregoing, provide the Borrower and the Lender with such additional information regarding the Project Accounts as the Borrower or the Lender may reasonably request from time to time. (b) The Accounts Bank will maintain all of the Project Accounts and all books and records with respect thereto as may be necessary to record properly all transactions carried out by it under this Agreement. (c) If, to the knowledge of the Accounts Bank, any Cash Equivalent ceases to be a Cash Equivalent, the Accounts Bank will, as soon as reasonably practicable after becoming aware of such cessation, notify the Lender and the Borrower in writing of such cessation and, upon the written direction of the Borrower (or, if the Borrower fails to provide direction within three (3) Business Days of the date of the Accounts Bank’s notice, upon the written direction of the Lender), will cause the relevant investment to be replaced by a Cash Equivalent or by cash; provided, that this Section 4.12(c) will not oblige the Accounts Bank to liquidate any investment earlier than its normal maturity date unless (i) directed to do so under Section 4.8 or (ii) the maturity date of the relevant investment exceeds the maturity date that would enable it to continue to qualify as a Cash Equivalent; and provided, further, the Accounts Bank shall have no liability in the event it fails to send such notice to the Borrower or the Lender.

Appears in 1 contract

Samples: Accounts Agreement (Bloom Energy Corp)

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Accounts Information. (a) The Accounts Bank will: (i) within fifteen ten (1510) Business Days after the end of the month in which the first deposit is made into any Project Account and within fifteen ten (1510) Business Days after the end of each month thereafter, provide the Borrower Borrower, the Collateral Agent and the Lender Administrative Agent a report with respect to the Project Accounts, setting forth in reasonable detail all deposits to and disbursements from each of the Project Accounts during such month, including the date on which made, and the balances of and any investments in each of the Project Accounts at the end of such month;, including information regarding categories, amounts, maturities and issuers of Cash Equivalents; and (ii) within ten (10) Business Days after receipt of any written request by the Borrower Borrower, the Collateral Agent, the Administrative Agent or the LenderSecond Lien Agent, provide to the Borrower Borrower, the Collateral Agent, the Administrative Agent or the LenderSecond Lien Agent, as the case may be, such other information as the Borrower Borrower, the Collateral Agent, the Administrative Agent, or the LenderSecond Lien Agent, as the case may be, may reasonably specify regarding all Cash Equivalents and any other investments made by the Accounts Bank pursuant hereto and regarding amounts available in the Project Accounts; and (iii) without in any way limiting the foregoing, provide the Borrower and the Lender with such additional information regarding the Project Accounts as the Borrower or the Lender may reasonably request from time to time. (b) The Accounts Bank will maintain all of the Project Accounts and all books and records with respect thereto as may be necessary to record properly all transactions carried out by it under this Accounts Agreement. (c) If, to the knowledge of the Accounts Bank, If any Cash Equivalent ceases to be a Cash Equivalent, the Accounts Bank will, as soon as reasonably practicable after becoming aware of such cessation, notify the Lender Collateral Agent and the Borrower in writing of such cessation and, upon the written direction of the Borrower (or, if the Borrower fails to provide direction within three (3) Business Days of the date of the Accounts Bank’s notice, upon the written direction of the LenderCollateral Agent), will cause the relevant investment to be replaced by a Cash Equivalent or by cash; provided, provided that this Section 4.12(c16.04(c) will not oblige the Accounts Bank to liquidate any investment earlier than its normal maturity date unless unless: (i) directed to do so under Section 4.8 or 16.02 (ii) the maturity date of the relevant investment exceeds the maturity date that would enable it to continue to qualify as a Cash Equivalent; and provided, further, the Accounts Bank shall have no liability in the event it fails to send such notice to the Borrower or the Lender.

Appears in 1 contract

Samples: Accounts Agreement (Advanced BioEnergy, LLC)

Accounts Information. (a) The Accounts Bank will: (i) within fifteen ten (1510) Business Days after the end of the month in which the first deposit is made into any Project Account and within fifteen ten (1510) Business Days after the end of each month thereafter, provide the Borrower Borrower, the Collateral Agent and the Lender Administrative Agent a report with respect to the Project Accounts, setting forth in reasonable detail all deposits to and disbursements from each of the Project Accounts during such month, including the date on which made, and the balances of and any investments in each of the Project Accounts at the end of such month;, including information regarding categories, amounts, maturities and issuers of Cash Equivalents; and (ii) within ten (10) Business Days after receipt of any written request by the Borrower Borrower, the Collateral Agent or the LenderAdministrative Agent, provide to the Borrower Borrower, the Collateral Agent or the LenderAdministrative Agent, as the case may be, such other information as the Borrower Borrower, the Collateral Agent or the LenderAdministrative Agent, as the case may be, may reasonably specify regarding all Cash Equivalents and any other investments made by the Accounts Bank pursuant hereto and regarding amounts available in the Project Accounts; and (iii) without in any way limiting the foregoing, provide the Borrower and the Lender with such additional information regarding the Project Accounts as the Borrower or the Lender may reasonably request from time to time. (b) The Accounts Bank will maintain all of the Project Accounts and all books and records with respect thereto as may be necessary to record properly all transactions carried out by it under this Accounts Agreement. (c) If, to the knowledge of the Accounts Bank, If any Cash Equivalent ceases to be a Cash Equivalent, the Accounts Bank will, as soon as reasonably practicable after becoming aware of such cessation, notify the Lender Collateral Agent and the Borrower in writing of such cessation and, upon the written direction of the Borrower (or, if the Borrower fails to provide direction within three (3) Business Days of the date of the Accounts Bank’s notice, upon the written direction of the LenderCollateral Agent), will cause the relevant investment to be replaced by a Cash Equivalent or by cash; provided, provided that this Section 4.12(c12.04(c) will not oblige the Accounts Bank to liquidate any investment earlier than its normal maturity date unless unless: (i) directed to do so under Section 4.8 or 12.02 (ii) the maturity date of the relevant investment exceeds the maturity date that would enable it to continue to qualify as a Cash Equivalent; and provided, further, the Accounts Bank shall have no liability in the event it fails to send such notice to the Borrower or the Lender.

Appears in 1 contract

Samples: Accounts Agreement (Advanced BioEnergy, LLC)

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Accounts Information. (a) The Accounts Bank will: (i) within fifteen (15) Business Days after the end of the month in which the first deposit is made into any Project Account and within fifteen (15) Business Days after the end of each month thereafter, provide the Borrower and the Lender a report with respect to the Project Accounts, setting forth in reasonable detail all deposits to and disbursements from each of the Project Accounts during such month, including the date on which made, and the balances of and any investments in each of the Project Accounts at the end of such month; (ii) within ten (10) Business Days after receipt of any written request by the Borrower or the Lender, provide to the Borrower or the Lender, as the case may be, such other information as the Borrower or the Lender, as the case may be, may reasonably specify regarding all Cash Equivalents and any other investments made by the Accounts Bank pursuant hereto and regarding amounts available in the Project Accounts; and (iii) without in any way limiting the foregoing, provide the Borrower and the Lender with such additional information regarding the Project Accounts as the Borrower or the Lender may reasonably request from time to time. (b) The Accounts Bank will maintain all of the Project Accounts and all books and records with respect thereto as may be necessary to record properly all transactions carried out by it under this Agreement. (c) If, to the knowledge of the Accounts Bank, any Cash Equivalent ceases to be a Cash Equivalent, the Accounts Bank will, as soon as reasonably practicable after becoming aware of such cessation, notify the Lender and the Borrower in writing of such cessation and, upon the written direction of the Borrower (or, if the Borrower fails to provide direction within three (3) Business Days of the date of the Accounts Bank’s notice, upon the written direction of the Lender), will cause the relevant investment to be replaced by a Cash Equivalent or by cash; provided, that this Section 4.12(c) will not oblige the Accounts Bank to liquidate any investment earlier than its normal maturity date unless (i) directed to do so under Section 4.8 or (ii) the maturity date of the relevant investment exceeds the maturity date that would enable it to continue tocontinue to qualify as a Cash Equivalent; and provided, further, the Accounts Bank shall have no liability noliability in the event it fails to send such notice to the Borrower or the Lender.

Appears in 1 contract

Samples: Accounts Agreement (Bloom Energy Corp)

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