Common use of Delivery of Officer's Certificates; Timing of Payments Clause in Contracts

Delivery of Officer's Certificates; Timing of Payments. (a) Each of the certificates of a Responsible Officer required to be delivered hereunder shall be delivered not later than 12:00 p.m., New York City time, on the day prior to the day on which the Security Agent is required to make transfers hereunder. Any certificate of a Responsible Officer delivered later than the time specified herein shall nevertheless be considered valid and shall be honored by the Security Agent on or as promptly after the date otherwise specified herein for payment as is practicable, subject to the availability of cash in the applicable Account. (b) Subject to (i) the timely receipt of a certificate of a Responsible Officer as prescribed in paragraph (a) above, (ii) the availability of cash in the applicable Account and (iii) other circumstances beyond the control of the Security Agent, the Security Agent shall make any payment hereunder required (except for transfers between Accounts) by means of wire transfer of immediately available funds, to the address of the payee set forth on Schedule I hereto, to be received prior to 1:00 p.m., New York City time, on the date specified herein for such payment (provided, that an additional Business Day shall be provided in the event of payments made pursuant to the first sentence of Section 4.02(b)), or by such other means of payment, to such other address or at such later time as shall be specified in the certificate of a Responsible Officer of such payee. (c) Each Partner shall deliver to the other Partners, simultaneously with the delivery thereof to the Security Agent, a true copy of any certificate of a Responsible Officer delivered by such Partner pursuant to this Agreement.

Appears in 1 contract

Samples: Security Deposit Agreement (Cogen Technologies Inc)

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Delivery of Officer's Certificates; Timing of Payments. (a) Each of the certificates of a Responsible Officer required to be delivered hereunder shall be delivered not later than 12:00 p.m.P.M., New York City time, on the day prior to the day on which the Security Agent is required to make transfers hereunder. Any certificate of a Responsible Officer delivered later than the time specified herein shall nevertheless be considered valid and shall be honored by the Escrow Agent or the Security Agent Agent, as the case may be, on or as promptly after the date otherwise specified herein for payment as is practicable, subject to the availability of cash in the applicable Account. (b) Subject to (i) the timely receipt of a certificate of a Responsible Officer as prescribed in paragraph (a) aboveherein, (ii) the availability of cash in the applicable Account and (iii) any other circumstances beyond the control of the Escrow Agent or the Security Agent, as the case may be, the Escrow Agent or the Security Agent Agent, as the case may be, shall make any payment hereunder required (except for transfers between Accounts) by means of wire transfer of immediately available funds, to the address of the payee set forth on Schedule I hereto, to be received prior to 1:00 p.m., New York City time, on the date specified herein for such payment (provided, that an additional Business Day shall be provided in the event of payments made pursuant to the first sentence of Section 4.02(b))payment, or by such other means of payment, to such other address or at such later late time as shall be specified in the certificate of a Responsible Officer of such payee. (c) Each Partner shall deliver to the other Partners, simultaneously with the delivery thereof to the Security Escrow Agent, a true copy of any certificate of a Responsible Officer delivered by such Partner pursuant to this Agreement.

Appears in 1 contract

Samples: Security Deposit Agreement and Escrow Agreement (Cogen Technologies Inc)

Delivery of Officer's Certificates; Timing of Payments. (a) Each of the certificates of a Responsible Officer required to be delivered hereunder shall be delivered not later than 12:00 1:00 p.m., New York City time, on the day prior to the day on which the Security Agent is required to make transfers hereunder. Any certificate of a Responsible Officer delivered later than the time specified herein shall nevertheless be considered valid and shall be honored by the Security Agent on or as promptly after the date otherwise specified herein for payment as is practicable, subject to the availability of cash in the applicable Account. (b) Subject to (i) the timely receipt of a certificate of a Responsible Officer as prescribed in paragraph (a) aboveSection 4.20(a), (ii) the availability of cash in the applicable Account and (iii) other circumstances beyond the control of the Security Agent, the Security Agent shall make any payment hereunder required (except for transfers between Accounts) by means of wire transfer of immediately available funds, to the address of the payee set forth on Schedule I heretoor, in the case of payments to be made pursuant to Section 4.1(a), to the address of the payee set forth in the Project Certificate, to be received prior to 1:00 3:00 p.m., New York City time, on the date specified herein for such payment (provided, that an additional Business Day shall be provided in the event of payments made pursuant to the first sentence of Section 4.02(b))payment, or by such other means of payment, to such other address or at such later time as shall be specified in the certificate of a Responsible Officer of such payee. (c) Each Partner shall deliver to the each other PartnersPartner, simultaneously with the delivery thereof to the Security Agent, a Amended and Restated Security Deposit Agreement true copy of any each certificate of a Responsible Officer of such Partner delivered by such Partner pursuant to this Agreement.

Appears in 1 contract

Samples: Security Deposit Agreement (Ce Generation LLC)

Delivery of Officer's Certificates; Timing of Payments. (a) Each of the certificates of a Responsible an Authorized Officer required to be delivered hereunder shall be delivered not later than 12:00 p.m.noon, New York City time, on the day Business Day immediately prior to the day on which the Security Agent is required to make transfers hereunder. Any certificate of a Responsible an Authorized Officer delivered later than the time specified herein shall nevertheless be considered valid and shall be honored by the Security Agent on or as promptly after the date otherwise specified herein for payment as is practicable, subject to the availability of cash in the applicable Account. (b) Subject to (i) the timely receipt of a certificate of a Responsible an Authorized Officer as prescribed set forth in paragraph (a) aboveSection 4.16(a), (ii) the availability of cash in the applicable Account and (iii) other circumstances beyond the control of the Security Agent, the Security Agent shall make any payment hereunder required (except for transfers between Accounts) by means of wire transfer of immediately available funds, to the address of the payee payee(s) set forth on Schedule I heretoin the applicable certificate, to be received prior to 1:00 2 :00 p.m., New York City time, on the date specified herein for such payment (provided, that an additional Business Day shall be provided in the event of payments made pursuant to the first sentence of Section 4.02(b)), or by such other means of payment, to such other address or at such later time as shall be specified in the certificate of a Responsible Officer of such payee. (c) Each Partner shall deliver to the other Partners, simultaneously with the delivery thereof to the Security Agent, a true copy of any certificate of a Responsible Officer delivered by such Partner pursuant to this Agreement.

Appears in 1 contract

Samples: Security Deposit Agreement (Panda Interfunding Corp)

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Delivery of Officer's Certificates; Timing of Payments. (a) Each of the certificates of a Responsible an Authorized Officer required to be delivered hereunder shall be delivered not later than 12:00 p.m.noon, New York City time, on the day Business Day immediately prior to the day on which the Security Agent is required to make transfers hereunder. Any certificate of a Responsible an Authorized Officer delivered later than the time specified herein shall nevertheless be considered valid and shall be honored by the Security Agent on or as promptly after the date otherwise specified herein for payment as is practicable, subject to the availability of cash in the applicable Account. (b) Subject to (i) the timely receipt of a certificate of a Responsible an Authorized Officer as prescribed set forth in paragraph (a) aboveSection 4.17(a), (ii) the availability of cash in the applicable Account and (iii) other circumstances beyond the control of the Security Agent, the Security Agent shall make any payment hereunder required (except for transfers between Accounts) by means of wire transfer of immediately available funds, to the address of the payee payee(s) set forth on Schedule I heretoin the applicable certificate, to be received prior to 1:00 2:00 p.m., New York City time, on the date specified herein for such payment (provided, that an additional Business Day shall be provided in the event of payments made pursuant to the first sentence of Section 4.02(b)), or by such other means of payment, to such other address or at such later time as shall be specified in the certificate of a Responsible Officer of such payee. (c) Each Partner shall deliver to of the other PartnersLessee, simultaneously the Owner Participant, the Owner Trustee, the Indenture Trustee and the Administrative Agent agrees that, concurrently with the its delivery thereof of any certificate, notice or written request to the Security Agent, it shall deliver a true copy of any certificate of a Responsible Officer delivered by such Partner pursuant thereof to the other parties to this Agreement.

Appears in 1 contract

Samples: Security Deposit Agreement (Panda Interfunding Corp)

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