Common use of Cancellation by the Trustee Clause in Contracts

Cancellation by the Trustee. If (a) the right of the Borrower to make withdrawals from the Credit Account shall have been suspended with respect to any amount of the Credit for a continuous period of thirty days or (b) at any time, the Trustee determines, after consultation with the Borrower, that an amount of the Credit will not be required to finance the Project’s costs to be financed out of the proceeds of the Credit, or (c) at any time, the Trustee determines that the procurement of any item is inconsistent with the procedures set forth or referred to in the Trust Fund Credit Agreement and establishes the amount of the expenditures in respect of such item which would otherwise have been eligible for financing out of the proceeds of the Credit, or (d) after the Closing Date, an amount of the Credit shall remain unwithdrawn from the Credit Account, the Trustee may, by notice to the Borrower, terminate the right of the Borrower to make withdrawals with respect to such amount. Upon the giving of such notice, such amount of the Credit shall be canceled.

Appears in 1 contract

Samples: Trust Fund Credit Agreement

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Cancellation by the Trustee. If (a) the right of the Borrower to make withdrawals from the Credit Account shall have been suspended with respect to any amount of the Credit for a continuous period of thirty days days, or (b) at any time, the Trustee determines, after consultation with the Borrower, that an amount of the Credit will not be required to finance the Project’s costs to be financed out of the proceeds of the Credit, or (c) at any time, the Trustee determines that the procurement of any item is inconsistent with the procedures set forth or referred to in the Trust Fund Credit Agreement and establishes the amount of the expenditures in respect of such item which would otherwise have been eligible for financing out of the proceeds of the Credit, or (d) after the Closing Date, an amount of the Credit shall remain unwithdrawn from the Credit Account, the Trustee may, by notice to the Borrower, terminate the right of the Borrower to make withdrawals with respect to such amount. Upon the giving of such notice, such amount of the Credit shall be canceled.

Appears in 1 contract

Samples: Credit Agreement

Cancellation by the Trustee. If (a) the right of the Borrower Recipient to make withdrawals from the Credit Grant Account shall have been suspended with respect to any amount of the Credit Grant for a continuous period of thirty days days, or (b) at any time, the Trustee determines, after consultation with the BorrowerRecipient, that an amount of the Credit Grant will not be required to finance the Project’s costs to be financed out of the proceeds of the CreditGrant, or (c) at any time, the Trustee determines that the procurement of any item is inconsistent with the procedures set forth or referred to in the Trust Fund Credit Grant Agreement and establishes the amount of the expenditures in respect of such item which would otherwise have been eligible for financing out of the proceeds of the CreditGrant, or (d) after the Closing Date, an amount of the Credit Grant shall remain unwithdrawn from the Credit Grant Account, the Trustee may, by notice to the BorrowerRecipient, terminate the right of the Borrower Recipient to make withdrawals with respect to such amount. Upon the giving of o f such notice, such amount of the Credit Grant shall be canceled.

Appears in 1 contract

Samples: Trust Fund Grant Agreement

Cancellation by the Trustee. If (a) the right of the Borrower Recipient to make withdrawals from the Credit Grant Account shall have been suspended with respect to any amount of the Credit Grant for a continuous period of thirty days days, or (b) at any time, the Trustee determines, after consultation with the BorrowerRecipient, that an amount of the Credit Grant will not be required to finance the Project’s costs to be financed out of the proceeds of the CreditGrant, or (c) at any time, the Trustee determines that the procurement of any item is inconsistent with the procedures set forth or referred to in the Trust Fund Credit Grant Agreement and establishes the amount of the expenditures in respect of such item which would otherwise have been eligible for financing out of the proceeds of the CreditGrant, or (d) after the Closing Date, an amount of the Credit Grant shall remain unwithdrawn from the Credit Grant Account, the Trustee may, by notice to the BorrowerRecipient, terminate the right of the Borrower Recipient to make withdrawals with respect to such amount. Upon the giving of such notice, such amount of the Credit Grant shall be canceled.

Appears in 1 contract

Samples: Trust Fund Grant Agreement

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Cancellation by the Trustee. If (a) the right of the Borrower to make withdrawals from the Credit Account shall have been suspended with respect to any amount of the Credit for a continuous period of thirty days days, or (b) at any time, the Trustee determines, after consultation with the Borrower, that an amount of the Credit will not be required to finance the Project’s costs to be financed out of the proceeds of the Credit, or (c) at any time, the Trustee determines that the procurement of any item is inconsistent with the procedures set forth or referred to in the Trust Fund Credit Agreement and establishes the amount of the expenditures in respect of such item which would otherwise have been eligible for financing out of the proceeds of the Credit, or (d) after the Closing Date, an amount of the Credit shall remain unwithdrawn from the Credit Account, the Trustee may, by notice to the Borrower, terminate the right of the Borrower to make withdrawals with respect to such amount. Upon the giving of such notice, such amount of the Credit shall be canceledcancelled.

Appears in 1 contract

Samples: Trust Fund Credit Agreement

Cancellation by the Trustee. If (a) the right of the Borrower to make withdrawals from the Credit Account shall have been suspended with respect to any amount of the Credit for a continuous period of thirty days days, or (b) at any time, the Trustee determines, after consultation with the Borrower, that an amount of the Credit will not be required to finance the Project’s costs to be financed out of the proceeds of the Credit, or (c) at any time, the Trustee determines that the procurement of any item is inconsistent with the procedures set forth or referred to in the Trust Fund Credit Agreement and establishes the amount of the expenditures in respect of such item which would otherwise have been eligible for financing out of the proceeds of the Credit, or (d) after the Closing Date, an amount of the Credit shall remain unwithdrawn from the Credit Account, the Trustee may, by notice to the Borrower, terminate the right of the Borrower to make withdrawals with respect to such amount. Upon the giving givi ng of such notice, such amount of the Credit shall be canceledcancelled.

Appears in 1 contract

Samples: Trust Fund Credit Agreement

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