Disbursements from the IDC Reserve Account. (a) Prior to the Final Completion Date, Collateral Agent shall direct Depositary, pursuant to an Account Withdrawal Instruction, to withdraw amounts from the IDC Reserve Account to pay principal, all accrued interest and fees on the Notes to the extent that amounts in the Revenue Account are insufficient therefor. (b) On the Final Completion Date: (1) subject to the occurrence of the Final Completion Date, as confirmed to Collateral Agent in writing by the Company, any amounts remaining on deposit in the IDC Reserve Account on the Final Completion Date shall be transferred by Depositary to the account or accounts to be specified by the Company in its sole discretion (including to pay the Final Completion Date Distribution); and (2) after all the proceeds then on deposit or credited to the IDC Reserve Account shall have been withdrawn or transferred pursuant to the foregoing clause (1), Collateral Agent shall direct Depositary to close the IDC Reserve Account.
Appears in 3 contracts
Samples: Depositary Agreement (Bloom Energy Corp), Depositary Agreement (Bloom Energy Corp), Depositary Agreement (Bloom Energy Corp)
Disbursements from the IDC Reserve Account. (a) Prior to the Final Completion Date, Collateral Agent shall direct Depositary, pursuant to an Account Withdrawal Instruction, to withdraw amounts from the IDC Reserve Account to pay principal, all accrued interest and fees on the Notes to the extent that amounts in the Revenue Account are insufficient therefor.
(b) On the Final Completion Date:
(1) subject to the occurrence of the Final Completion Date, as confirmed to Collateral Agent in writing by the Company, any amounts remaining on deposit in the IDC Reserve Account on the Final Completion Date shall be transferred by Depositary to the account or accounts to be specified by the Company in its sole discretion (including to pay the Final Completion Date Distribution)discretion; and
(2) after all the proceeds then on deposit or credited to the IDC Reserve Account shall have been withdrawn or transferred pursuant to the foregoing clause (1), Collateral Agent shall direct Depositary to close the IDC Reserve Account.. [***] Confidential Treatment Requested
Appears in 2 contracts
Samples: Depositary Agreement (Bloom Energy Corp), Depositary Agreement (Bloom Energy Corp)