Deposits into Escrow Account. (a) Issuer Party shall direct Subscribers to, and Subscribers shall, directly deliver to NCPS all Cash Investment Instruments for deposit in the Escrow Account. Each such direction shall be accompanied by a Subscription Accounting. ALL FUNDS DEPOSITED INTO THE ESCROW ACCOUNT PURSUANT TO THIS SECTION 3 SHALL REMAIN THE PROPERTY OF EACH SUBSCRIBER ACCORDING TO SUCH SUBSCRIBER’S INTEREST AND SHALL NOT BE SUBJECT TO ANY LIEN OR CHARGE BY NCPS OR BY JUDGMENT OR CREDITORS’ CLAIMS AGAINST ISSUER PARTY UNTIL RELEASED OR ELIGIBLE TO BE RELEASED TO ISSUER IN ACCORDANCE WITH SECTION 4(a). ISSUER PARTY SHALL NOT RECEIVE CASH INVESTMENT INSTRUMENTS DIRECTLY FROM SUBSCRIBERS.
(b) Issuer Party understands and agrees that all Cash Investment Instruments received by NCPS pursuant to this Agreement are subject to collection requirements of presentment, clearing and final payment, and that the funds represented thereby cannot be drawn upon or disbursed until such time as final payment has been made and is no longer subject to dishonor. NCPS shall process each Cash Investment Instrument for collection promptly upon receipt, and the proceeds thereof shall be held as part of the Escrow Funds until disbursed in accordance with Section 4. If, upon presentment for payment, any Cash Investment Instrument is dishonored, NCPS’s sole obligation shall be to notify Issuer Party of such dishonor and, if applicable, to promptly return such Cash Investment Instrument to Subscriber. Notwithstanding, if for any reason any Cash Investment Instrument is uncollectible after payment or disbursement of the funds represented thereby has been made by NCPS, Issuer Party shall immediately reimburse NCPS upon receipt from NCPS of written notice thereof, including, without limitation, any fees or expenses with respect thereto, which NCPS may collect from Issuer Party pursuant to Section 10.
(c) Upon receipt of any Cash Investment Instrument that represents payment of an amount less than or greater than the Cash Investment, NCPS’s sole obligation shall be to notify Issuer Party, depending upon the source of the of the Cash Investment Instrument, of such fact and to pay to Subscriber by the same method the amount of the Cash Investment received by NCPS from such Subscriber or promptly return to Subscriber such Subscriber’s Cash Investment Instrument upon receipt from Subscriber of any required payment instructions; provided that amounts in excess of $25,000 will be returned via wire transfer upon confirm...
Deposits into Escrow Account. The Concessionaire shall deposit or cause to be deposited the following inflows and receipts into the Escrow Account:
(a) All funds constituting the Financial Package;
(b) All revenues from or in respect of the Project, including the proceeds of any rentals, deposits, capital receipts or insurance claims; and
(c) All payments by the Authority, after deduction of any outstanding payments.
Deposits into Escrow Account. The Concessionaire shall deposit or cause to be deposited the following inflows and receipts into the Escrow Account:
(a) all funds constituting the Financial Package;
(b) all Fee and any other revenues from or in respect of the Bus Terminal and the Commercial Complex, including the proceeds of any rentals, deposits, capital receipts or insurance claims; and
(c) all payments by the Authority, after deduction of any outstanding Annual Concession Fee: Provided that the Senior Lenders may make direct disbursements to the EPC Contractor in accordance with the express provisions contained in this behalf in the Financing Agreements.
Deposits into Escrow Account. The Concessionaire shall deposit or cause to be deposited the following inflows and receipts into the Escrow Account:
(a) all funds constituting the Financial Package;
(b) all Fee (Concession Fee, Annual Concession Fee etc. and charge(s)) and any other revenues from or in respect of the Project, including the proceeds of any rentals, deposits, capital receipts or insurance claims; and
(c) all payments by the Authority, after deduction of any outstanding Annual Concession Fee: Provided that the Senior Lenders may make direct disbursements to the EPC Contractor in accordance with the express provisions contained in this behalf in the Financing Agreements.
Deposits into Escrow Account. 20.2.1 The Concessionaire shall deposit or cause to be deposited the following inflows and receipts into the Escrow Account:
a) all Project Revenues and any other revenues from or in respect of the Project, including the proceeds of any rentals, advances, deposits, fee or charges etc.
b) All funds pursuant to the Financing Agreements for the Mandatory Development Obligations. Provided that the Senior Lenders may make direct disbursements to the EPC Contractor in accordance with the express provisions contained in this behalf in the Financing Agreements.
Deposits into Escrow Account. The Concessionaire shall deposit or cause to be deposited the following inflows and receipts into the Escrow Account:
(a.) all funds constituting the financial package disbursed by Lenders in terms of the Financing Agreements;
(b.) all revenues from or in respect of the Project including amount received under power payments received from KSEB as per Article
9.2.1 and Tipping Fee payments received from the Authority as per Article 9.1 and additional revenue received as per Article 9.3 & 9.5, and insurance claims; Provided that the Senior Lenders may make direct disbursements to the EPC Contractor in accordance with the express provisions contained in this behalf in the Financing Agreements. The Authority shall at all times and in any month of the Concession, ensure that in the Reserve Sub-Account (“Reserve Fund”) under the Escrow Account, an amount equivalent to immediately next three months Tipping Fee payable to Concessionaire, as per Article 9.1, in accordance with terms hereof, is deposited and maintained. The Parties agree that so long as the Concessionaire performs its obligations hereunder and the Authority does not notify the Escrow Bank in respect of any non-performance or breach of obligation by Concessionaire directing Escrow bank to stop any appropriation from Reserve Fund; in case of any delay by the Authority in payment of due and undisputed amount to Concessionaire subject to and in accordance with terms hereof; the Concessionaire shall be entitled to tap the Reserve Fund to withdraw the amount due, which would be deposited and applied as per the application order agreed herein. In case of such tapping, the Authority shall forthwith top up and maintain the required reserve in the Reserve Fund.
Deposits into Escrow Account. The Concessionaire shall deposit or cause to be deposited the following inflows and receipts into the Escrow Account:
Deposits into Escrow Account. The SPD and/or Railways, as the case may be, shall deposit or cause to be deposited the following inflows and receipts into the Escrow Account:
(a) all funds constituting the Financial Package;
(b) all payments on account of tariff and any other revenues from or in respect of the solar power projects, including the proceeds of any rentals, deposits, capital receipts or insurance claims; and
(c) all payments by Railways, after deduction of any outstanding Agreement Fee: Provided that the Senior Lender’s may make direct disbursements to the EPC Contractor in accordance with the express provisions contained in this behalf in the Financing Agreements.
Deposits into Escrow Account. The Concessionaire shall deposit or cause to be deposited the following inflows and receipts into the Escrow Account:
(a) all monies received in relation to the Project from Banks, other lenders, shareholders and insurance companies;
(b) all Tariff and any other revenues from or in respect of the Project, including the proceeds of any rentals, deposits, capital receipts or insurance claims;
(c) all Tariff collected by the Concessioning Authority in exercise of its rights under the Concession Agreement;
(d) all payments by the Concessioning Authority, after deduction of any outstanding License Fee and Royalty; and
Deposits into Escrow Account. (i) The Concessionaire shall deposit or cause to be deposited the following inflows and receipts into the Escrow Account:
(a) all funds constituting the Financial Package;
(b) all Fee, deposits in all form and any other revenues from or in respect of the Project, including the proceeds of any rentals, deposits, capital receipts or insurance claims; and
(c) all payments by the Authority, after deduction of any outstanding Concession Fee. Provided that the Senior Lenders may make direct disbursements to the EPC Contractor in accordance with the express provisions contained in this behalf in the Financing Agreements.
(ii) The Authority agrees and undertakes that, as and when due and payable, it shall deposit into and/or credit the Escrow Account with:
(a) the relevant tranches of the Loan Facility, in accordance with the Concession Agreement;
