Distribution Suspense Account. (a) The Depositary Bank shall deposit, on each Payment Date, the funds into the Distribution Suspense Account as specified in Clause Eleventh of Section 4.2(e) hereof.
(b) The Depositary Bank shall transfer amounts from the Distribution Suspense Account to other Accounts if, and as required, under Sections 4.2(d) and 4.4(b) hereof. In addition, the first Business Day which is at least 30 days following any Payment Date (each such date, a “Distribution Date”), upon receipt of a Distribution Suspense Account Withdrawal Certificate duly completed and delivered in accordance with Section 2.5 hereof within thirty (30) days of such Payment Date certifying that, as of such Payment Date, the Borrower has satisfied all conditions set forth in Section 4.5(c) (the “Distribution Conditions”) such that funds are no longer required to be held in the Distribution Suspense Account but are available for distribution pursuant to the terms of the Credit Documents on the proposed date of Withdrawal, the Depositary Bank shall distribute amounts on deposit in the Distribution Suspense Account in the following order of priority, to the extent funds are available therefor: (i) first, to the extent of any positive balances in the Tracking Account (ii) second, to the account or accounts specified by the Borrower in the other Distribution Suspense Account Withdrawal Certificate.
(c) Notwithstanding anything to the contrary set forth in this Agreement or any other Credit Document, no amount in the Distribution Suspense Account shall be available for distribution to Borrower or any of its Affiliates unless the following conditions have been satisfied:
(i) no Default or Event of Default shall have occurred and be continuing;
(ii) the Debt Service Reserve Account has been funded to the Required DSR Balance (taking into consideration posted letters of credit);
(iii) no LC Loans are outstanding;
(iv) the Term Conversion Date shall have occurred;
(v) there is no positive balance in the Tracking Account;
(vi) the Borrower has maintained a Debt Service Coverage Ratio, (A) as of the Payment Date immediately preceding such Distribution Date and (B) calculated on the basis of the twelve month period ending on such Payment Date, of no less than [***] (the “Required DSCR”); provided that, to the extent any such Payment Date is less than 12 months after the Term Conversion Date, the Debt Service Coverage Ratio as of such Payment Date shall be calculated solely on the basis of the period between th...
Distribution Suspense Account. The Collateral Agent shall cause all monies on deposit in the Distribution Suspense Account to be applied for the following purposes in the following order of priority, the requirements of each numbered item to be fully satisfied for any fiscal period before application of any monies to any succeeding numbered item for such fiscal period:
(a) On the 15th day of each February, May, August and November (each, a “Distribution Date”), in the event that all of the conditions precedent set forth in Section 7.10(a) of the Common Agreement are not satisfied, to the Project Revenue Account, all monies then on deposit in the Distribution Suspense Account.
(b) On each Distribution Date, provided that all of the conditions precedent set forth in Section 7.10(a) of the Common Agreement are satisfied, at the direction of the Borrower, the Collateral Agent shall cause a portion of the monies then on deposit in the Distribution Suspense Account to be disbursed to the Borrower or as the Borrower may direct to make any Restricted Payment; provided, however, that at the same time as the Collateral Agent shall cause any monies on deposit in the Distribution Suspense Account to be disbursed to make any Restricted Payment, the Collateral Agent shall cause monies on deposit in the Distribution Suspense Account in an amount equal to the Prepayment Amount to be applied to the voluntary prepayment of the DOE-Guaranteed Loan in accordance with clause (v) of the definition of “Distribution Preconditions” and pursuant to Section 3.4.3(a)(v) of this Common Agreement.
(c) For purposes of applying paragraph (a) or paragraph (b) of this Section A.14, satisfaction or nonsatisfaction of all of the conditions precedent set forth in Section 7.10(a) of the Common Agreement shall be determined as of both (i) the first day of the then current calendar quarter and (ii) the applicable Distribution Date, except that satisfaction or nonsatisfaction of the condition precedent set forth in clause (iv) of the definition of “Distribution Preconditions” shall be determined only as of the last day of the preceding calendar quarter. Unless all of the conditions precedent set forth in Section 7.10(a) of the Common Agreement are satisfied on all such applicable dates, all monies then on deposit in the Distribution Suspense Account shall be transferred to the Project Revenue Account on the applicable Distribution Date.
Distribution Suspense Account. All monies at any time deposited in any account required hereby shall be disbursed, allocated and applied solely for the uses and purposes provided herein.
Distribution Suspense Account. On any Funding Date on which any of the conditions precedent to Restricted Payments in Section 3.8(b) have not been satisfied, the Depositary shall transfer all monies held in the Distribution Account to the Distribution Suspension Account. On any Business Day thereafter on which the conditions to Restricted Payments set forth in Section 3.8(b) are satisfied, upon delivery to the Trustee, the Collateral Agent and the Depositary of a certificate of a Responsible Officer of the Funding Corporation certifying that all such conditions to Restricted Payments are now satisfied, the Depositary shall withdraw and transfer all monies in the Distribution Suspense Account to the Distribution Account and then to such Persons as may be directed in writing by the Guarantors. The Depositary may conclusively rely on such certificate of a Responsible Officer of the Funding Corporation certifying that all conditions for disbursement from the Distribution Account have been met. At any time that funds in the Revenue Account are not sufficient to pay any amounts which are due and payable (other than by acceleration) and required to be paid with proceeds of the Revenue Account, then funds in the Distribution Suspense Account shall be transferred to the Revenue Account for distribution as provided therein.
Distribution Suspense Account. 17 SECTION 3.10. Loss Proceeds Account................................... 17 SECTION 3.11. Redemption Account...................................... 20 SECTION 3.12.
Distribution Suspense Account. There is hereby created and established a special, segregated and irrevocable account of the Borrower entitled the “[***]” for the benefit of WILMINGTON TRUST, NATIONAL ASSOCIATION as Collateral Agent (the “Distribution Suspense Account”) to be maintained with the Depositary Bank, having account number [***]. No payments shall be made out of such account except for the purposes and on the terms herein stated.
Distribution Suspense Account. 36 SECTION 3.10 Proceeds Account........................................... 39 SECTION 3.11
Distribution Suspense Account. 24 -- Section 3.10. Loss Proceeds Account............................... 25 -- Section 3.11. Redemption Account.................................. 31 -- Section 3.12. Investment of Accounts.............................. 32 -- Section 3.13. Disposition of Accounts upon Retirement of Senior Secured Notes................................ 33 -- Section 3.14. Account Balance Statements.......................... 33 -- Section 3.15. Events of Default................................... 34 -- Section 3.16. Accounts Maintained as UCC "Securities Accounts".... 34 -- Section 3.17. Stipulation Reserve Account......................... 35 -- Page ---- Article 4 --------- Collateral Agent ----------------
Distribution Suspense Account. Amounts on deposit in the Distribution Suspense Account may be transferred back to the Distribution Account when all Distribution Conditions are satisfied on or within sixty (60) days following a Scheduled Payment Date. At any time that funds in the Revenue Account are not sufficient to pay any amounts which are due and payable and required to be paid with the proceeds of such Collateral Account then funds in the Distribution Suspense Account shall be transferred to such Collateral Account for application in accordance with the priorities established in Section 3.1(c). Withdrawals from the Distribution Suspense Account may also be made as otherwise provided in this Depositary Agreement.
Distribution Suspense Account. On each Scheduled Payment Date, Borrower shall deposit, or cause to be deposited, in the Distribution Suspense Account, all amounts transferred from the Collections Account pursuant to Section 4.02(a)(xi)(A) (Collections Account). Borrower shall deposit Excluded Property or distributions received in respect of the proceeds of Excluded Property, as evidenced by documentation reasonably acceptable to the Administrative Agent, directly into the Distribution Suspense Account.
