Additional Reserve. Upon termination of this Agreement, Fattmerchant may require an additional reserve to cover possible indebtedness to Fattmerchant for Transactions initiated prior to termination. This Reserve Account will be maintained for a minimum of six (6) months from the termination date or until such time as Fattmerchant determines that the release of the funds to Sub-Merchant is prudent, in the best interest of Fattmerchant, commercially reasonable and Sub- Merchant’s account with Fattmerchant is fully resolved. Upon expiration of this period, any balance remaining in the Reserve Account will be paid to Sub-Merchant. Fattmerchant will inform Sub-Merchant in writing of any charges debited to the Reserve Account during this period.
Additional Reserve. Upon termination of this Agreement, Helcim may require an additional reserve to cover possible indebtedness to Helcim for Transactions initiated prior to termination. This Reserve will be maintained for a minimum of six (6) months from the termination date or until such time as Helcim determines that the release of the funds to you is prudent, in the best interest of Xxxxxx, commercially reasonable and your account with Helcim is fully resolved. Upon expiration of this period, any balance remaining in the Reserve will be paid to you. Xxxxxx will inform you of any charges debited to the Reserve during this period.
Additional Reserve. Upon termination of this Agreement, SimplePay may require an additional reserve to cover possible indebtedness to SimplePay for Transactions initiated prior to termination. This Reserve Account will be maintained for a minimum of six (6) months from the termination date or until such time as SimplePay determines that the release of the funds to Sub-Merchant is prudent, in the best interest of SimplePay Systems commercially reasonable and Sub-Merchant’s account with SimplePay is fully resolved. Upon expiration of this period, any balance remaining in the Reserve Account will be paid to Sub- Merchant. SimplePay will inform Sub-Merchant in writing of any charges debited to the Reserve Account during this period.
Additional Reserve. Article 3, Subsection 3.7(d); ------------------ (b) Applicable Laws: Article 3, Subsection 3.10(a); --------------- (c) Attorneys' Fees/Counsel Fees: Article 21, Section 21.1; ---------------------------- (d) Bankruptcy Code: Article 1, Subsection 1.1(f); --------------- (e) Borrower: Preamble and Article 21, Section 21.1; -------- (f) Business Day: Article 16, Section 16.1; ------------ (g) Condemnation Proceeds: Article 4, Subsection 4.4(b)(ii); --------------------- (h) Debt: Article 2, Section 2.1; ---- (i) Default Prepayment: Article 9, Section 9.3; ------------------ (j) Default Rate: Article 10, Section 10.3; ------------ (k) Environmental Indemnity: Article 10, Subsection 10.1(q); ----------------------- (l) Environmental Law: Article 12, Section 12.1; ----------------- (m) Environmental Liens: Article 12, Subsection 12.2(d); ------------------- (n) Environmental Report: Article 12, Subsection 12.1(a) -------------------- (o) ERISA: Article 4, Subsection 4.2(a); ----- (p) Escrow Fund: Article 3, Section 3.5; ----------- (q) Event: Article 20, Section 20.1; ----- (r)
Additional Reserve. 6 shall be released to Northwest Borrower within 30 days after the delivery to Lender of a request therefor accompanied by an Officer's Certificate certifying that the amount of the requested disbursement is due and payable to Burlington Coat Factory Warehouse under its lease and that the requested disbursement will be used to make such payment (or to reimburse Northwest Borrower if it has theretofore made the payment to Burlington).
Additional Reserve. 7 shall be released to West Covina Borrower within 30 days after the delivery to Lender of a request therefor accompanied by evidence reasonably satisfactory to Lender that West Covina Borrower has been unconditionally and fully released from any and all liability, contingent or otherwise, under or with respect to Section 2 of that certain Agreement Re Debt Service Savings and Sales Tax Guarantee dated as of June 27, 1996 (the "SALES TAX AGREEMENT") between CenterMark Properties of West Covina, Inc. (predecessor in interest to West Covina Borrower) and the Redevelopment Agency for the City of West Covina (the "WEST COVINA AGENCY"). West Covina Borrower represents and warrants to Lender that the Sales Tax Agreement has not been modified or amended.
Additional Reserve. (a) If the Receivables Purchaser (acting reasonably and in good faith at all times) becomes aware of an event or circumstance that the Receivables Purchaser could not reasonably have been expected to have contemplated by:
Additional Reserve. 24 Y. Environmental Conditions........................ 24
Additional Reserve. Commencing with the first day of the month immediately following the month in which the Completion Date occurs and continuing until the Loans are paid in full, Borrower shall deposit monthly into separate, special insured accounts with a financial institution approved by Lender (the "SPECIAL ACCOUNT") an amount equal to two percent (2%) of the annual Gross Revenues, to be used for future Improvements to the Property which are approved by Lender in writing. Borrower's obligation to fund the Additional Reserve shall be suspended at such time as the balance in the Special Account is at least $500,000.00, but such obligation shall recommence if at any time the balance in the Special Account falls below $500,000.00. Upon establishment of the Special Account, Borrower shall pledge the Special Account to Lender as additional collateral for the Loans pursuant to such Pledge Agreements as Lender may require.
Additional Reserve. The Borrower and each of its Subsidiaries hereby agree and acknowledge that the Administrative Agent shall include in the Availability Reserve an Additional Reserve upon the written notification from the administrative agent under the Second Lien Credit Facility stating that the Borrower has not, by the applicable Target Date (as defined in the Second Lien Credit Agreement) reduced the outstanding principal amount of the Second Lien Term Loans (as defined in the Second Lien Credit Agreement) to the applicable Target Date Principal Reduction Goal (as defined in the Second Lien Credit Agreement). Any such Additional Reserve shall continue to be in effect until such time as the Administrative Agent receives written notification from the administrative agent under the Second Lien Credit Facility that Borrower has reduced the outstanding principal amount of the Second Lien Term Loans to at or below the Target Date Principal Reduction Goal set forth opposite the applicable Target Date for which such Additional Reserve was instituted; provided, however, the Administrative Agent shall have no obligation to hold any Additional Reserve in trust for or for the benefit of the lenders under the Second Lien Credit Facility.
