Common use of Books and Records Reports Clause in Contracts

Books and Records Reports. (a) The Security Trustee shall at all times keep, or cause to be kept, proper books of record and account in which complete and accurate entries shall be made of all transactions relating to the Secured Obligations, Project Revenues and all Project Accounts established pursuant to this Agreement. Such books of record and accounts shall be available for inspection by the Intercreditor Agent, the Secured Parties, the Concessionaire or their respective agents or representatives duly authorized in writing, at reasonable business hours and under reasonable circumstances and upon reasonable prior written request. (b) Within 15 days after the end of each month, the Security Trustee shall furnish to the Intercreditor Agent, with a copy to the Concessionaire, the TIFIA Phase 1 Lender, the TIFIA Phase 2 Lender, the Phase 2 Indenture Trustee and the Subordinated Agents, a report setting forth in reasonable detail the account balances, receipts, disbursements, transfers, investment transactions, and accruals for each of the Project Accounts during such month. (c) Within 30 days after the end of each year, the Security Trustee shall furnish to the Intercreditor Agent, with a copy to the Concessionaire, the TIFIA Phase 1 Lender, the TIFIA Phase 2 Lender, the Phase 2 Indenture Trustee and the Subordinated Agents, a report setting forth in reasonable detail the account balances, receipts, disbursements, transfers, investment transactions, and accruals for each of the Project Accounts during the preceding year. (d) The Security Trustee shall maintain records of all receipts, disbursements, and investments of funds with respect to the Project Accounts until the sixth anniversary of the date on which all of the Secured Obligations shall have been paid in full.

Books and Records Reports. (a) The Security Trustee Collateral Agent shall at all times keep, or cause to be kept, proper books of record and account in which complete and accurate entries shall be made of all transactions relating to the Secured Obligations, Project Revenues Loans and all Project Accounts established pursuant to this Agreement. Such books of record and accounts shall be available for inspection by DOE, other Secured Parties and the Intercreditor AgentBorrower, the Secured Parties, the Concessionaire or and their respective agents or representatives duly authorized in writing, at reasonable business hours and under reasonable circumstances and upon reasonable prior written request, and subject to all reasonable security policies and procedures relative to Collateral Agent’s facilities. (b) Within 15 five days after the end of each month, the Security Trustee Collateral Agent shall furnish make available to the Intercreditor AgentDOE, with a copy to the Concessionaire, the TIFIA Phase 1 Lender, the TIFIA Phase 2 Lender, the Phase 2 Indenture Trustee and the Subordinated AgentsBorrower, a report setting in a form reasonably acceptable to DOE that shall set forth in reasonable detail the account balances, receipts, disbursements, transfers, investment transactions, and accruals for each of the Project Accounts during such month. (c) Within 30 45 days after the end of each year, the Security Trustee Collateral Agent shall furnish make available to the Intercreditor AgentDOE, with a copy to the Concessionaire, the TIFIA Phase 1 Lender, the TIFIA Phase 2 Lender, the Phase 2 Indenture Trustee and the Subordinated AgentsBorrower, a report in a form reasonably acceptable to DOE setting forth in reasonable detail the account balances, receipts, disbursements, transfers, investment transactions, and accruals for each of the Project Accounts during the preceding such year. (d) The Security Trustee Collateral Agent shall maintain records of all receipts, disbursements, and investments of funds with respect to the Project Accounts until the sixth fifth anniversary of the date on which all Release Date. (e) The Collateral Agent will provide view-only access to Citi Direct for Securities to Persons requested by an Authorized Officer of the Secured Obligations shall have been paid in fullDOE or the Borrower to view account balances.

Books and Records Reports. (a) The Security Trustee Collateral Agent and, if appointed, a Co-Collateral Agent, shall at all times keep, or cause to be kept, proper books of record and account accounts in which complete and accurate entries shall be made of all transactions relating to the Secured Obligations, Project Revenues and all Project Accounts established pursuant to this Agreement. Such books of record and accounts shall be available for inspection by the Intercreditor AgentSecured Parties that are parties hereto, the Secured Parties, the Concessionaire or their respective agents or representatives duly authorized in writing, at reasonable business hours and under reasonable circumstances and upon reasonable prior written request. (b) Within 15 fifteen (15) days after the end of each month, the Security Trustee Collateral Agent shall furnish to the Intercreditor Agent, with a copy to the Concessionaire, the TIFIA Phase 1 Lender, the TIFIA Phase 2 Lender, the Phase 2 Indenture Trustee other Secured Parties that are parties hereto or relevant representatives thereof and the Subordinated AgentsBorrower, a report setting (which may be in the form of the customary account statements of the Collateral Agent) that shall set forth in reasonable detail the account balances, receipts, disbursements, transfers, investment transactions, and accruals for each of the Project Accounts during such month. If available from the Collateral Agent, the Collateral Agent shall provide electronic statements upon request of the Borrower. (c) Within 30 sixty (60) days after the end of each calendar year, the Security Trustee Collateral Agent shall furnish to the Intercreditor Agent, with a copy to the Concessionaire, the TIFIA Phase 1 Lender, the TIFIA Phase 2 Lender, the Phase 2 Indenture Trustee other Secured Parties that are parties hereto or relevant representatives thereof and the Subordinated AgentsBorrower, a report (which may be in the form of the customary account statements of the Collateral Agent) setting forth in reasonable detail the account balances, receipts, disbursements, transfers, investment transactions, and accruals for each of the Project Accounts during the preceding year. The Collateral Agent shall provide electronic statements upon request of the Borrower. (d) The Security Trustee Collateral Agent shall maintain records of all receipts, disbursements, and investments of funds with respect to the Project Accounts until the sixth fifth (5th) anniversary of the date on which all of the Secured Obligations shall have been paid in full. (e) On or prior to the date that is six (6) months prior to the expiration date of any UCC financing statement that has been filed with respect to the Collateral for which Collateral Agent is secured party and is known to the Collateral Agent, the Collateral Agent shall provide the other Secured Parties that are parties hereto or relevant representatives thereof and the Borrower notice of the impending expiration date. The Borrower shall provide the Collateral Agent and the other Secured Parties that are parties hereto or relevant representatives thereof evidence that the required continuation statement has been properly and timely filed promptly following such filing. This clause (e) is not intended to modify the responsibility of, the liability of, or provide a defense to, the Borrower under any Finance Document with respect to the filing of continuation statements or the maintenance of the Collateral Agent's perfected security interest in the Collateral with the priority contemplated by the Finance Documents.

Books and Records Reports. (a) The Security Trustee shall at all times keep, or cause to be kept, proper books of record and account accounts in which complete and accurate entries shall be made of all transactions of the Trustee relating to the Secured Obligations, Project Revenues Senior Bonds and all Project Funds and Accounts established pursuant to this AgreementIndenture. The Trustee shall at all times keep copies of all reports, notices or other documents provided to it by or on behalf of the Borrower pursuant to the Series 2017 Loan Agreement and any Additional Senior Bonds Loan Agreement (the “Borrower Reports”). Such books of record and accounts and any and all Borrower Reports provided to the Trustee shall be available for inspection by any Owner, the Intercreditor Collateral Agent, the Secured Parties, Issuer and the Concessionaire Intercreditor Agent or any of their respective agents or representatives duly authorized in writing, at reasonable business hours and under reasonable circumstances and upon reasonable prior written request. (b) Within 15 days after the end of each month, the Security Trustee shall furnish to the Intercreditor Agent, with a copy to the Concessionaire, the TIFIA Phase 1 Lender, the TIFIA Phase 2 Lender, the Phase 2 Indenture Trustee and the Subordinated Agents, a report setting forth in reasonable detail the account balances, receipts, disbursements, transfers, investment transactions, and accruals for each of the Project Accounts during such month. (c) Within 30 days after the end of each year, the Security Trustee shall furnish to the Intercreditor Agent, with a copy to the Concessionaire, the TIFIA Phase 1 Lender, the TIFIA Phase 2 Lender, the Phase 2 Indenture Trustee and the Subordinated Agents, a report setting forth in reasonable detail the account balances, receipts, disbursements, transfers, investment transactions, and accruals for each of the Project Accounts during the preceding year. (d) The Security Trustee shall maintain records of all receipts, disbursements, and investments of funds with respect to the Project Funds and Accounts until the sixth fifth anniversary of the date on which all of the Secured Obligations Senior Bonds shall have been paid in full. (c) The Trustee hereby agrees to provide a monthly report or statement to the Collateral Agent and the Issuer, after the Issuer’s request therefor, four (4) Business Days prior to each Monthly Transfer Date for monthly reports that are delivered electronically and fifteen (15) Business Days prior to each Monthly Transfer Date for monthly reports that are delivered by mail setting forth, among other things, the balance for each Fund and Account, including any sub- accounts, established and created pursuant to this Indenture.

Books and Records Reports. (a) The Security Trustee shall at all times keep, or cause to be kept, proper books of record and account in which complete and accurate entries shall be made of all transactions relating to the Secured ObligationsBonds, Project the Credit Facilities, the Hedge Agreements, Revenues and all Project Funds and Accounts established pursuant to this Agreementthe Indenture. Such books of record and accounts shall be available for inspection by the Intercreditor Agent, Instructing Controlling Party and the other Secured Parties, the Concessionaire or their respective agents or representatives duly authorized in writing, at reasonable business hours and under reasonable circumstances and upon reasonable prior written request. (b) Within 15 ten (10) days after the end of each month, the Security Trustee shall furnish to the Intercreditor AgentInstructing Controlling Party, with a copy to the Concessionaire, Borrower and the TIFIA Phase 1 Lender, the TIFIA Phase 2 Lender, the Phase 2 Indenture Trustee and the Subordinated AgentsBondholder, a report in a form reasonably acceptable to the Instructing Controlling Party and the TIFIA Bondholder that shall set forth in reasonable detail the account balances, receipts, disbursements, transfers, investment transactions, and accruals for each of the Funds and Accounts (other than the Operating Account) during such month. (c) Within forty five (45) days after the end of each year, the Trustee shall furnish to the Instructing Controlling Party and the TIFIA Bondholder, with a copy to the Borrower, a report in a form reasonably acceptable to the Instructing Controlling Party and the TIFIA Bondholder setting forth in reasonable detail the account balances, receipts, disbursements, transfers, investment transactions, and accruals for each of the Project Funds and Accounts (other than the Operating Account) during such month. (c) Within 30 days after the end of each year, the Security Trustee shall furnish to the Intercreditor Agent, with a copy to the Concessionaire, the TIFIA Phase 1 Lender, the TIFIA Phase 2 Lender, the Phase 2 Indenture Trustee and the Subordinated Agents, a report setting forth in reasonable detail the account balances, receipts, disbursements, transfers, investment transactions, and accruals for each of the Project Accounts during the preceding year. (d) The Security Trustee shall maintain records of all receipts, disbursements, and investments of funds with respect to the Project Funds and Accounts (other than the Operating Account) until the sixth fifth anniversary of the date on which all of the Secured Obligations Bonds shall have been paid in full. without the consent of, or notice to, the Secured Parties, enter into a Supplemental Indenture for any one or more or all of the following purposes: (a) to add additional covenants to the covenants and agreements of the Issuer set forth (b) to add additional revenues, properties or collateral to the Trust Estate; (c) to cure any ambiguity, or to cure, correct or supplement any defect or omission or inconsistent provision contained herein; (d) to amend any existing provision hereof or to add additional provisions which, in the opinion of Bond Counsel, are necessary or advisable (i) to qualify, or to preserve the qualification of, the interest on any Bonds for exclusion from gross income for federal income tax purposes or for exclusion from federal alternative minimum tax; (ii) to qualify, or to preserve the qualification of, any Bonds for exemption from taxation and assessment in the State; (iii) to qualify, or to preserve the qualification of, this Master Indenture or any Supplemental Indenture under the federal Trust Indenture Act of 1939; or (iv) to qualify, or preserve the qualification of, any Bonds for an exemption from registration or other limitations under the laws of any state or territory of the United States; (e) to amend any provision hereof relating to the Rebate Fund if, in the opinion of Bond Counsel, such amendment does not adversely affect the exclusion of interest on any Bonds from gross income for federal income tax purposes; (f) to provide for or eliminate book-entry registration of any of the Bonds; (g) to obtain or maintain a rating of the Bonds by a Rating Agency; (h) to authorize the issuance of any Series of Bonds in accordance with Article II hereto and to provide the terms of Bonds not inconsistent herewith; (i) to facilitate the provision of a Credit Facility, Liquidity Facility or a Hedge Agreement in accordance with Section 6.12 of the Initial Loan Agreement or any other Loan Agreement, including adding any payments with respect thereto to the flow of funds as set forth in Section 5.2(c) hereof.; (j) to facilitate the receipt of Revenues; or (k) to establish additional funds, accounts or subaccounts necessary or useful in connection with any Supplemental Indenture authorized by any other provision of this Section; or (l) in connection with any other change which, in the judgment of the Trustee, does not materially adversely affect the rights of the Secured Parties.