Common use of Amounts Remaining in Funds Clause in Contracts

Amounts Remaining in Funds. Any amounts in the Bond Fund remaining unclaimed by the Holders of Bonds for 2 years after the due date thereof (whether at stated maturity, by redemption or pursuant to any mandatory sinking fund requirements or otherwise), shall be paid to the Borrower; provided that if the Trustee shall have (i) received written notice from the Bank that amounts are still due to the Bank, such amount remaining in the Bond Fund shall belong and be paid first to the Bank to the extent such amounts due by the Borrower have not been paid. With respect to that principal of and interest on the Bonds to be paid from moneys paid to the Borrower or the Bank pursuant to the preceding sentence, the Holders of the Bonds entitled to those moneys shall look solely to the Borrower for the payment of those moneys. Further, any other amounts remaining in the Bond Fund and Series 2012 Reserve Funds (other than in the Defeasance Account) and any amounts remaining in any other special funds or accounts (other than the Project Fund and the Rebate Fund) created under this Agreement or the Indenture after all of the outstanding Bonds shall be deemed to have been paid and discharged under the provisions of the Indenture and all other amounts required to be paid under this Agreement and the Indenture have been paid, shall be paid to the Borrower to the extent that those moneys are in excess of the amounts necessary to effect the payment and discharge of the outstanding Bonds; provided that if the Trustee shall have received written notice from the Bank that amounts due by the Borrower have been paid, such amounts shall belong and be paid first to the Bank to the extent it has not been so paid.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement

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Amounts Remaining in Funds. Any amounts in the Bond Fund remaining unclaimed by the Holders of Bonds for 2 four years after the due date thereof (whether at stated maturity, by redemption or pursuant to any mandatory sinking fund requirements or otherwise), shall be paid to the Borrower; provided that if the Trustee shall have (i) received written notice from drawn on the Letter of Credit, and the Bank that amounts are still due is owed any amount by the Borrower pursuant to the BankReimbursement Agreement, such amount amounts remaining in the Bond Fund shall belong and be paid first to the Bank to the extent of such amounts due by the Borrower have not been paidunpaid amounts. With respect to that principal of and any premium and interest on the Bonds to be paid from moneys paid to the Borrower or the Bank pursuant to the preceding sentence, the Holders of the Bonds entitled to those moneys shall look solely to the Borrower for the payment of those moneys. Further, any other amounts remaining in the Bond Fund and Series 2012 Reserve Funds (other than subject to any limitations in the Defeasance AccountIndenture) and any amounts remaining in any other special funds or accounts (other than the Project Fund and the Rebate Fund) created under this Agreement or the Indenture after all of the outstanding Bonds shall be deemed to have been paid and discharged under the provisions of the Indenture and all other amounts required to be paid under this Agreement Agreement, the Notes and the Indenture have been paid, shall be paid to the Borrower (to the extent that those moneys are in excess of the amounts necessary to effect the payment and discharge of the outstanding Bonds; provided that if the Trustee shall have received written notice from the Bank that amounts due by the Borrower have been paid, such amounts shall belong and be paid ) first to the Bank to the extent it has not been so paid.that any amount is owed by the Borrower to the Bank under the terms of the Letter of Credit or Reimbursement Agreement, and then to the Borrower. (End of Article VIII)

Appears in 1 contract

Samples: Loan Agreement (Jameson Inns Inc)

Amounts Remaining in Funds. Any amounts in the Bond Fund remaining unclaimed by the Holders of Bonds for 2 four years after the due date thereof (whether at stated maturity, by redemption or pursuant to any mandatory sinking fund requirements or otherwise), shall be paid to the Borrower; Borrower provided that if the Trustee shall have (i) received written notice from drawn on the Letter of Credit, and the Bank that amounts are still due is owed any amount by the Borrower pursuant to the BankCredit Agreement, such amount amounts remaining in the Bond Fund shall belong to and be paid first to the Bank to the extent of such amounts due by the Borrower have not been paidunpaid amounts. With respect to that principal of and any premium and interest on the Bonds to be paid from moneys paid to the Borrower or the Bank pursuant to the preceding sentence, the Holders of the Bonds entitled to those moneys shall look solely to the Borrower for the payment of those moneys. Further, any other amounts remaining in the Bond Fund and Series 2012 Reserve Funds (other than subject to any limitations in the Defeasance AccountIndenture) and any amounts remaining in any other special funds or accounts (other than the Project Fund and the Rebate Fund) created under this Agreement or the Indenture after all of the outstanding Bonds shall be deemed to have been paid and discharged under the provisions of the Indenture and all other amounts required to be paid under this Agreement Agreement, the Notes and the Indenture have been paid, shall be paid to the Borrower (to the extent that those moneys are in excess of the amounts necessary to effect the payment and discharge of the outstanding Bonds; provided that if the Trustee shall have received written notice from the Bank that amounts due by the Borrower have been paid, such amounts shall belong and be paid ) first to the Bank to the extent it has not been so paid.that any amount is owed by the Borrower to the Bank under the terms of the Letter of Credit or Credit Agreement, and then to the Borrower. (End of Article VIII)

Appears in 1 contract

Samples: Loan Agreement (Escalade Inc)

Amounts Remaining in Funds. Any amounts in the Bond Fund remaining unclaimed by the Holders of Bonds for 2 years after the due date thereof (whether at stated maturity, by redemption or pursuant to any mandatory sinking fund requirements or otherwise), shall be paid to the Borrower; provided that if the Trustee shall have (i) received written notice from drawn on the Credit Facility, and the Bank that amounts are still due has not been reimbursed by the Borrower pursuant to the BankReimbursement Agreement, such amount amounts remaining in the Bond Fund shall belong and be paid first to the Bank to the extent such amounts due by the Borrower have it has not been paidso reimbursed. With respect to that principal of and any premium and interest on the Bonds to be paid from moneys paid to the Borrower or the Bank pursuant to the preceding sentence, the Holders of the Bonds entitled to those moneys shall look solely to the Borrower for the payment of those moneys. Further, any other amounts remaining in the Bond Fund and Series 2012 Reserve Funds (other than in the Credit Facility Account, the Remarketing Proceeds Account, the Redemption Premium Account and the Defeasance Account) and any amounts remaining in any other special funds or accounts (other than the Project Fund and the Rebate Fund) created under this Agreement or the Indenture after all of the outstanding Bonds shall be deemed to have been paid and discharged under the provisions of the Indenture and all other amounts required to be paid under this Agreement Agreement, the Note and the Indenture have been paid, shall be paid to the Borrower to the extent that those moneys are in excess of the amounts necessary to effect the payment and discharge of the outstanding Bonds; provided that if the Trustee shall have received written notice from drawn on the Credit Facility, and the Bank that amounts due has not been reimbursed by the Borrower have been paidpursuant to the Reimbursement Agreement, such amounts shall belong and be paid first to the Bank to the extent it has not been so paidreimbursed.

Appears in 1 contract

Samples: Loan Agreement (Dynamic Materials Corp)

Amounts Remaining in Funds. Any amounts in the Bond Fund remaining unclaimed by the Holders of Bonds for 2 four years after the due date thereof (whether at stated maturity, by redemption or pursuant to any mandatory sinking fund requirements or otherwise), shall be paid to the Borrower; provided that if the Trustee shall have (i) received written notice from drawn on the Bank that amounts are still due Letter of Credit, and the bank is owed any amount by the Borrower pursuant to the BankReimbursement Agreement, such amount amounts remaining in the Bond Fund shall belong and be paid first to the Bank to the extent of such amounts due by the Borrower have not been paidunpaid amounts. With respect to that principal of and any premium and interest on the Bonds to be paid from moneys paid to the Borrower or the Bank pursuant to the preceding sentence, the Holders of the Bonds entitled to those moneys shall look solely to the Borrower for the payment of those moneys. Further, any other amounts remaining in the Bond Fund and Series 2012 Reserve Funds (other than subject to any limitations in the Defeasance AccountIndenture) and any amounts remaining in any other special funds or accounts (other than the Project Remarketing Reimbursement Fund and the Rebate Fund) created under this Agreement or the Indenture after all of the outstanding Bonds shall be deemed to have been paid and discharged under the provisions of the Indenture and all other amounts required to be paid under this Agreement Agreement, the Notes and the Indenture have been paid, shall be paid to the Borrower (to the extent that those moneys are in excess of the amounts necessary to effect the payment and discharge of the outstanding Bonds; provided that if the Trustee shall have received written notice from the Bank that amounts due by the Borrower have been paid) first, such amounts shall belong and be paid first to the Bank to the extent it has not been so paid.that any amount is owed by the Borrower to the Bank under the terms of the Letter of Credit or Reimbursement Agreement, and then to the Borrower. (End of Article VIII)

Appears in 1 contract

Samples: Loan Agreement (Centerpoint Properties Corp)

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Amounts Remaining in Funds. Any amounts in the Bond Fund remaining unclaimed by the Holders of Bonds for 2 four years after the due date thereof (whether at stated maturity, by redemption or pursuant to any mandatory sinking fund requirements or otherwise), shall be paid to the BorrowerCompany; provided that if the Trustee shall have (i) received written notice from drawn on the Letter of Credit, and the Bank that amounts are still due is owed any amount by the Company pursuant to the BankReimbursement Agreement, such amount amounts remaining in the Bond Fund shall belong and be paid first to the Bank to the extent of such amounts due by the Borrower have not been paidunpaid amounts. With respect to that principal of and any premium and interest on the Bonds to be paid from moneys paid to the Borrower Company or the Bank pursuant to the preceding sentence, the Holders of the Bonds entitled to those moneys shall look solely to the Borrower Company for the payment of those moneys. Further, any other amounts remaining in the Bond Fund and Series 2012 Reserve Funds (other than subject to any limitations in the Defeasance AccountIndenture) and any amounts remaining in any other special funds or accounts (other than the Project Fund and the Rebate Fund) created under this Agreement or the Indenture after all of the outstanding Bonds shall be deemed to have been paid and discharged under the provisions of the Indenture and all other amounts required to be paid under this Agreement Agreement, the Notes and the Indenture have been paid, shall be paid to the Borrower (to the extent that those moneys are in excess of the amounts necessary to effect the payment and discharge of the outstanding Bonds; provided that if the Trustee shall have received written notice from the Bank that amounts due by the Borrower have been paid) first, such amounts shall belong and be paid first to the Bank to the extent it has not been so paidthat any amount is owed by the Company to the Bank under the terms of the Letter of Credit or Reimbursement Agreement, and then to the Company.

Appears in 1 contract

Samples: Loan Agreement (Dmi Furniture Inc)

Amounts Remaining in Funds. Any amounts in the Bond Fund remaining unclaimed by the Holders holders of Bonds for 2 years after the due date thereof (whether at stated maturity, by redemption or pursuant to any mandatory sinking fund requirements or otherwise), shall be paid to the Borrower; provided that if the Trustee shall have (i) received written notice from the Bank that amounts are still due to the Bank, such amount remaining in the Bond Fund shall belong and be paid first to the Bank to the extent such amounts due by the Borrower have not been paid. With respect to that the principal of and interest on the Bonds to be paid from moneys paid to the Borrower or the Bank pursuant to the preceding sentence, the Holders holders of the Bonds entitled to those moneys shall look solely to the Borrower for the payment of those moneys. Further, any other amounts remaining in the Bond Fund and Series 2012 Reserve Funds Fund (other than in the Defeasance Account) and any amounts remaining in any other special funds or accounts (other than the Project Fund and the Rebate Fund) created under this Agreement or the Indenture after all of the outstanding Bonds shall be deemed to have been paid and discharged under the provisions of the Indenture and all other amounts required to be paid under this Agreement and the Indenture have been paid, shall be paid to the Borrower to the extent that those moneys are in excess of the amounts necessary to effect the payment and discharge of the outstanding Bonds; provided that if the Trustee shall have received written notice from the Bank that amounts due by the Borrower have been paid, such amounts shall belong and be paid first to the Bank to the extent it has not been so paid.

Appears in 1 contract

Samples: Loan Agreement

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