Distribution Reserve Account. (a) Immediately prior to the closing of the Initial Public Offering, the Partnership established an account with a financial institution organized under the laws of the United States of America, or any state thereof, and having total assets in excess of $500,000,000 and a combined capital and surplus of at least $100,000,000 (the “Distribution Reserve Account”).
Distribution Reserve Account. The Borrower and the Security Agent have established with the Securities Intermediary an account entitled the “Stetson Distribution Reserve Account” (account number 0000000) (the “Distribution Reserve Account”).
Distribution Reserve Account. (i) As contemplated by Section 2.1, on or prior to the Term-Conversion Date, Depositary shall establish in the name of the Administrative Agent at Depositary an account entitled “New York 2006 Portfolio Wind Generation Project - Distribution Reserve Account” (the “Distribution Reserve Account”).
Distribution Reserve Account. On the Effective Date, the Liquidating Trustee shall establish and maintain one or more bank and/or other investment account(s) into which the Liquidating Trustee shall, in accordance with this Section 4.2 and Section 5.1 of this Agreement, deposit undeliverable and unclaimed distributions, and Liquidating Trust Assets that are not then distributable to a holder of a Disputed Claim but shall be held by the Liquidating Trustee pending a final determination as to allowance of such Disputed Claim (individually and collectively, the “Distribution Reserve Account”). The Liquidating Trustee shall deposit into the Distribution Reserve Account on each Distribution Date, pending resolution of Disputed Claims, that portion of Liquidating Trust Assets that would otherwise be distributable in accordance with the Plan in respect of such Disputed Claims, if such Disputed Claims had then constituted Allowed Claims entitled to receive Liquidating Trust Assets in accordance with the Plan. Distributions to Holders of Claims that were Disputed as of the Effective Date shall be made in accordance with Section 5.2 below.
Distribution Reserve Account. The Borrower shall deposit, or cause to be deposited, in the Distribution Reserve Account all amounts transferred from the Revenue Account pursuant to the TWELFTH priority of Section 3.2(b).
Distribution Reserve Account. (a)On any date no later than ten (10) Business Days after each Quarterly Payment Date, the Borrower, pursuant to a Withdrawal Certificate, may instruct the Depositary Agent to withdraw and transfer to any Person specified in such Withdrawal Certificate, all or such portion of the funds on deposit in the Distribution Reserve Account as the Borrower shall specify in such Withdrawal Certificate; provided, however, such Withdrawal Certificate shall contain a certification by an Authorized Officer of the Borrower certifying that, as of the date of such withdrawal from the Distribution Reserve Account, each of the conditions to the making of a Restricted Payment set forth in Section 5.11 of the Financing Agreement is satisfied. Upon the receipt by the Depositary Agent of a Withdrawal Certificate duly completed, executed and delivered by the Borrower in accordance with Section 3.11, the Depositary Agent shall transfer funds in the Distribution Reserve Account to the Persons and in the amounts specified in such Withdrawal Certificate in accordance with the instructions set forth therein.
Distribution Reserve Account. In accordance with Section 3.6(a) of the Depositary Agreement, we request that $[_________] be withdrawn from the Distribution Reserve Account and transferred as set forth in greater detail in Part L of the attached Schedule I. As part of this request, we hereby certify that the requested date of transfer is no later than ten (10) Business Days after the most recent Quarterly Payment Date and, as of the date of such withdrawal from the Distribution Reserve Account, each of the conditions to the making of a Restricted Payment set forth in Section 5.11 of the Financing Agreement is satisfied. * * * The Borrower hereby represents and warrants that Borrower is entitled, pursuant to the Depositary Agreement and the Financing Agreement, to request the transfers in the manner, at the times and in the amounts set forth herein.
Distribution Reserve Account. The Trustee shall establish the Distribution Reserve Account as of the initial Trust Distribution Date. The Trustee shall deposit into the Distribution Reserve Account on each Trust Distribution Date, pending resolution of Disputed Claims and/or pending a final determination as to whether a Disputed Interest will become an Allowed Interest, that portion of Trust Recoveries that would otherwise be distributable in accordance with the Plan in respect of such Disputed Claims and such Disputed Interest, if such Disputed Claim or Disputed Interest had then constituted an Allowed Claim or an Allowed Interest entitled to receive Trust Recoveries in accordance with the Plan. The amount of such deposits made by the Trustee into the Distribution Reserve Account on any Distribution Date shall be in an amount consistent with the Beneficiary List. The Trustee shall distribute the Net Trust Recoveries on deposit in the Distribution Reserve Account to the holder of any Disputed Claims and Disputed Class 11 Interests that become Allowed Claims or Allowed Class 11 Interests (as applicable) only upon the Trustee's receipt of written notice from Reorganized Debtors, in accordance with Section 5.1 below, that any such Disputed Claim or Disputed Interest has become an Allowed Claim or Allowed Interest, as applicable, and in accordance with the provisions of Section 6.2 below.
Distribution Reserve Account. (a) If, as of any Basic Rent Payment Date after the issuance of the Equity Loans, the Security Agent shall have received a certificate of an Authorized Officer of the Partnership or GE Capital (and in the case of a certificate of the Partnership, countersigned by GE Capital) that the Operating Cash Flow Ratio for each of the two Quarterly Measurement Periods immediately preceding such Basic Rent Payment Date was less than 1.20 to 1, the Security Agent shall, subject to any required applications taking precedence pursuant to paragraph
Distribution Reserve Account. (a) To the extent that at any time the cash then available in the Revenue Account is insufficient to make any of the payments, deposits or transfers contemplated by Sections 4.1, 4.2, 4.3 and 4.4, the Security Agent shall from and to the extent of the cash available in the Distribution Reserve Account withdraw such amounts from the Distribution Reserve Account as directed by the Administrative Agent and the Owner Participant and make the aforesaid payments, deposits and transfers.
