Common use of Equity Account Clause in Contracts

Equity Account. (a) Subject to Section 4.13, on the date specified below the Collateral Agent shall transfer, from the funds on deposit in each subaccount of the Equity Account, the amount certified by the Facility Lessee in the Request Letter delivered in connection with such date the following amounts in the following order of priority: first, after giving effect to all transfers made pursuant to Section 4.1 hereof, on each Monthly Transfer Date either (a) which is also a Restricted Payment Blockage Date occurring prior to the Additional Reserve Period or (b) which occurs during the Additional Reserve Period, into the applicable subaccount of the Supplemental Account, the amount, if any, by which the sum of the balance in the applicable subaccount of the Senior Rent Payment Account and the balance in the applicable subaccount of the Equity Account (immediately prior to giving effect to the transfer contemplated by this clause first) exceeds the applicable Senior Rent Reserve Amount; second, on each Monthly Transfer Date either (a) which is also a Restricted Payment Blockage Date occurring prior to the Additional Reserve Period or (b) which occurs during the Additional Reserve Period, into the applicable subaccount of the Additional Reserve Account the amount by which the sum of (1) the Owner Lessor's Percentage of the balance in the Revenue Account and (2) the balances in the applicable subaccounts of the Senior Rent Payment Account, the Equity Account (immediately prior to giving effect to the transfer contemplated by this clause second) and the Recovery Event Proceeds Account exceeds the sum of all the Basic Lease Rent and Supplemental Lease Rent due and unpaid on that date and the average of the next two aggregate payments of the Basic Lease Rent, in each case, under the applicable Facility Lease minus the Owner Lessor's Percentage of $1 million, as certified in the Request Letter; third, on each Restricted Payment Date which does not occur during the Additional Reserve Period if the conditions to the payments of the Component A of Basic Lease Rent are satisfied pursuant to Section 6.9 of the applicable Participation Agreement, into the applicable subaccount of the Subordinated Rent Payment Account, an amount payable with respect to the Component A of Basic Lease Rent plus all Excepted Payments, if any, due and payable under the applicable Facility Lease on the Restricted Payment Date, together with the amount of all deficiencies, if any, with respect to all payments required in all prior months, as certified in the Request Letter; provided that on each Restricted Payment Date that is not a Rent Payment Date if the SocGen Instrument is not in effect through the following two Restricted Payment Dates than the Collateral Agent shall deposit 1/2 of the amount of Component A of Basic Lease Rent due and payable on the Rent Payment Date following such Restricted Payment Date; fourth, on each Restricted Payment Date which does not occur during the Additional Reserve Period if the conditions to the payment of the Component A of Basic Lease Rent set forth in Section 6.9 of the applicable Participation Agreement are satisfied, into the applicable subaccount of the Subordinated Reserve Account, an amount equal to the difference, if positive, between the Reserve Requirement under the applicable Facility Lease and the sum of the balances on deposit in the applicable subaccounts of the Reserve Account and the Subordinated Reserve Account; fifth, on each Restricted Payment Date which occurs during the NOx Reserve Period which is not also the Additional Reserve Period if the conditions to the payment of the Component A of Basic Lease Rent set forth in Section 6.9 of the applicable Participation Agreement are satisfied, the balance remaining in the applicable subaccount of the Equity Account into the applicable subaccount of the NOx Reserve Account the amount equal to such Owner Lessor's Percentage of the NOx Reserve Requirement; sixth, on each Restricted Payment Date which does not occur during the Additional Reserve Period if the conditions to the payment of the Component A of Basic Lease Rent set forth in Section 6.9 of the applicable Participation Agreement are satisfied, the balance remaining in the applicable subaccount of the Equity Account, either into the Distributions Account or any other account designated by the Facility Lessee for the making of Restricted Payments if the conditions to making these payments as set forth in Section 6.10 of the applicable Participation Agreement are satisfied or into the applicable subaccount of the Suspended Distributions Account if such conditions in Section 6.10 of the applicable Participation Agreement are not satisfied; and seventh, on each Monthly Transfer Date either (a) which is not a Restricted Payment Blockage Date occurring prior to the Additional Reserve Period and (b) which does not occur during the Additional Reserve Period, into the applicable subaccount of the Supplemental Account the amount by which the sum of (1) the Owner Lessor's Percentage of the balance in the Revenue Account and (2) the balances in the applicable subaccounts of the Senior Rent Payment Account, the Equity Account and the Recovery Event Proceeds Account exceeds the sum of all the Basic Lease Rent and Supplemental Lease Rent due and unpaid on that date and the average of the next two aggregate payments of the Basic Lease Rent, in each case, under the applicable Facility Lease minus the Owner Lessor's Percentage of $1 million, as certified in the Request Letter.

Equity Account. (a) Subject to Section 4.13, on the date specified below the Collateral Agent shall transfer, from the funds on deposit in each subaccount of the Equity Account, the amount certified by the Facility Lessee in the Request Letter delivered in connection with such date the following amounts in the following order of priority: firstFIRST, after giving effect to all transfers made pursuant to Section 4.1 hereof, hereof on each Monthly Transfer Date either (a) which is also a Restricted Payment Blockage Date occurring prior to the Additional Reserve Period or (b) which occurs during the Additional Reserve PeriodDate, into the applicable subaccount of the Supplemental Equity Account, if the amount, if any, by which conditions to the sum payments of the balance Component A of Basic Lease Rent set forth in Section 6.9 of the applicable subaccount of the Senior Rent Payment Account and the balance in the applicable subaccount of the Equity Account Participation Agreement (immediately prior to giving effect to the transfer contemplated by this other than clause first) exceeds the applicable Senior Rent Reserve Amount; second, on each Monthly Transfer Date either (a) which is also a Restricted Payment Blockage Date occurring prior to the Additional Reserve Period or (bthereof) which occurs during the Additional Reserve Periodare not satisfied, into the applicable subaccount of the Additional Reserve Account in the amount by which the sum of (1) the Owner Lessor's Percentage of the balance in the Revenue Account and Account, plus (2) the balances in the applicable subaccounts of the Senior Rent Payment Account, the Equity Account (immediately prior to giving effect to the transfer contemplated by this clause second) and the Recovery Event Proceeds Account exceeds the sum of all the Basic Lease Rent and Supplemental Lease Rent due and unpaid on that date and the average of the next two aggregate payments of the Basic Lease Rent, in each case, Rent under the applicable Facility Lease minus the Owner Lessor's Lessor Percentage of $1 million, as certified in the Request Letter; thirdor SECOND, on each Restricted Payment Date which does not occur during into the Additional Reserve Period applicable subaccount of the Subordinated Rent Payment Account, if the conditions to the payments of the Component A of Basic Lease Rent are satisfied pursuant to Section 6.9 of the applicable Participation Agreement, into the applicable subaccount of the Subordinated Rent Payment Account, an amount payable with respect to the Component A of Basic Lease Rent plus all Excepted Payments, if any, due and payable under the applicable Facility Lease on the Restricted Payment Date, together with the amount of all deficiencies, if any, with respect to all payments required in all prior months, as certified in the Request Letter; provided that on each Restricted Payment Date that is not a Rent Payment Date if the SocGen Instrument is not in effect through the following two Restricted Payment Dates than the Collateral Agent shall deposit 1/2 of the amount of Component A of Basic Lease Rent due and payable on the Rent Payment Date following such Restricted Payment Date; fourthTHIRD, on each Restricted Payment Date which does not occur during the Additional Reserve Period if the conditions to the payment of the Component A of Basic Lease Rent set forth in Section 6.9 of the applicable Participation Agreement are satisfied, into the applicable subaccount of the Subordinated Reserve Account, an amount equal to the difference, if positive, between the Reserve Requirement under the applicable Facility Lease and the sum of the balances on deposit in the applicable subaccounts of the Reserve Account and the Subordinated Reserve Account; fifthand FOURTH, on each Restricted Payment Date which occurs during the NOx Reserve Period which is not also the Additional Reserve Period if the conditions to the payment of the Component A of Basic Lease Rent set forth in Section 6.9 of the applicable Participation Agreement are satisfied, the balance remaining in the applicable subaccount of the Equity Account into the applicable subaccount of the NOx Reserve Account the amount equal to such Owner Lessor's Percentage of the NOx Reserve Requirement; sixth, on each Restricted Payment Date which does not occur during the Additional Reserve Period if the conditions to the payment of the Component A of Basic Lease Rent set forth in Section 6.9 of the applicable Participation Agreement are satisfied, the balance remaining in the applicable subaccount of the Equity Account, either into the Distributions Account or any other account designated by the Facility Lessee for the making of Restricted Payments if the conditions to making these payments as set forth in Section 6.10 of the applicable Participation Agreement are satisfied or into the applicable subaccount of the Suspended Distributions Account if such conditions in Section 6.10 of the applicable Participation Agreement are not satisfied; and seventh, on each Monthly Transfer Date either (a) which is not a Restricted Payment Blockage Date occurring prior to the Additional Reserve Period and (b) which does not occur during the Additional Reserve Period, into the applicable subaccount of the Supplemental Account the amount by which the sum of (1) the Owner Lessor's Percentage of the balance in the Revenue Account and (2) the balances in the applicable subaccounts of the Senior Rent Payment Account, the Equity Account and the Recovery Event Proceeds Account exceeds the sum of all the Basic Lease Rent and Supplemental Lease Rent due and unpaid on that date and the average of the next two aggregate payments of the Basic Lease Rent, in each case, under the applicable Facility Lease minus the Owner Lessor's Percentage of $1 million, as certified in the Request Letter.

Equity Account. (a) Subject to Section 4.13, on the date specified below the Collateral Agent shall transfer, from the funds on deposit in each subaccount of the Equity Account, the amount certified by the Facility Lessee in the Request Letter delivered in connection with such date the following amounts in the following order of priority: firstFIRST, after giving effect to all transfers made pursuant to Section 4.1 hereof, on each Monthly Transfer Date either (a) which is also a Restricted Payment Blockage Date occurring prior to the Additional Reserve Period or (b) which occurs during the Additional Reserve Period, into the applicable subaccount of the Supplemental Account, the amount, if any, by which the sum of the balance in the applicable subaccount of the Senior Rent Payment Account and the balance in the applicable subaccount of the Equity Account (immediately prior to giving effect to the transfer contemplated by this clause firstFIRST) exceeds the applicable Senior Rent Reserve Amount; secondSECOND, on each Monthly Transfer Date either (a) which is also a Restricted Payment Blockage Date occurring prior to the Additional Reserve Period or (b) which occurs during the Additional Reserve Period, into the SECURITY DEPOSIT AGREEMENT -------------------------- 18 applicable subaccount of the Additional Reserve Account the amount by which the sum of (1) the Owner Lessor's Percentage of the balance in the Revenue Account and (2) the balances in the applicable subaccounts of the Senior Rent Payment Account, the Equity Account (immediately prior to giving effect to the transfer contemplated by this clause secondSECOND) and the Recovery Event Proceeds Account exceeds the sum of all the Basic Lease Rent and Supplemental Lease Rent due and unpaid on that date and the average of the next two aggregate payments of the Basic Lease Rent, in each case, under the applicable Facility Lease minus the Owner Lessor's Percentage of $1 million, as certified in the Request Letter; thirdTHIRD, on each Restricted Payment Date which does not occur during the Additional Reserve Period if the conditions to the payments of the Component A of Basic Lease Rent are satisfied pursuant to Section 6.9 of the applicable Participation Agreement, into the applicable subaccount of the Subordinated Rent Payment Account, an amount payable with respect to the Component A of Basic Lease Rent plus all Excepted Payments, if any, due and payable under the applicable Facility Lease on the Restricted Payment Date, together with the amount of all deficiencies, if any, with respect to all payments required in all prior months, as certified in the Request Letter; provided that PROVIDED THAT on each Restricted Payment Date that is not a Rent Payment Date if the SocGen Instrument is not in effect through the following two Restricted Payment Dates than the Collateral Agent shall deposit 1/2 of the amount of Component A of Basic Lease Rent due and payable on the Rent Payment Date following such Restricted Payment Date; fourthFOURTH, on each Restricted Payment Date which does not occur during the Additional Reserve Period if the conditions to the payment of the Component A of Basic Lease Rent set forth in Section 6.9 of the applicable Participation Agreement are satisfied, into the applicable subaccount of the Subordinated Reserve Account, an amount equal to the difference, if positive, between the Reserve Requirement under the applicable Facility Lease and the sum of the balances on deposit in the applicable subaccounts of the Reserve Account and the Subordinated Reserve Account; fifthFIFTH, on each Restricted Payment Date which occurs during the NOx Reserve Period which is not also the Additional Reserve Period if the conditions to the payment of the Component A of Basic Lease Rent set forth in Section 6.9 of the applicable Participation Agreement are satisfied, the balance remaining in the applicable subaccount of the Equity Account into the applicable subaccount of the NOx Reserve Account the amount equal to such Owner Lessor's Percentage of the NOx Reserve Requirement; sixthSECURITY DEPOSIT AGREEMENT -------------------------- SIXTH, on each Restricted Payment Date which does not occur during the Additional Reserve Period if the conditions to the payment of the Component A of Basic Lease Rent set forth in Section 6.9 of the applicable Participation Agreement are satisfied, the balance remaining in the applicable subaccount of the Equity Account, either into the Distributions Account or any other account designated by the Facility Lessee for the making of Restricted Payments if the conditions to making these payments as set forth in Section 6.10 of the applicable Participation Agreement are satisfied or into the applicable subaccount of the Suspended Distributions Account if such conditions in Section 6.10 of the applicable Participation Agreement are not satisfied; and seventhSEVENTH, on each Monthly Transfer Date either (a) which is not a Restricted Payment Blockage Date occurring prior to the Additional Reserve Period and (b) which does not occur during the Additional Reserve Period, into the applicable subaccount of the Supplemental Account the amount by which the sum of (1) the Owner Lessor's Percentage of the balance in the Revenue Account and (2) the balances in the applicable subaccounts of the Senior Rent Payment Account, the Equity Account and the Recovery Event Proceeds Account exceeds the sum of all the Basic Lease Rent and Supplemental Lease Rent due and unpaid on that date and the average of the next two aggregate payments of the Basic Lease Rent, in each case, under the applicable Facility Lease minus the Owner Lessor's Percentage of $1 million, as certified in the Request Letter.

Equity Account. (a) Subject to Section 4.13, on the date specified below the Collateral Agent shall transfer, from the funds on deposit in each subaccount of the Equity Account, the amount certified by the Facility Lessee in the Request Letter delivered in connection with such date the following amounts in the following order of priority: firstFIRST, after giving effect to all transfers made pursuant to Section 4.1 hereof, on each Monthly Transfer Date either (a) which is also a Restricted Payment Blockage Date occurring prior to the Additional Reserve Period or (b) which occurs during the Additional Reserve Period, into the applicable subaccount of the Supplemental Account, the amount, if any, by which the sum of the balance in the applicable subaccount of the Senior Rent Payment Account and the balance in the applicable subaccount of the Equity Account (immediately prior to giving effect to the transfer contemplated by this clause first) FIRST exceeds the applicable Senior Rent Reserve Amount; second. SECOND, on each Monthly Transfer Date either (a) which is also a Restricted Payment Blockage Date occurring prior to the Additional Reserve Period or (b) which occurs during the Additional Reserve Period, into the applicable subaccount of the Additional Reserve Account the amount by which the sum of (1) the Owner Lessor's Percentage of the balance in the Revenue Account and (2) the balances in the applicable subaccounts of the Senior Rent Payment Account, the Equity Account (immediately prior to giving effect to the transfer contemplated by this clause secondSECOND) and the Recovery Event Proceeds Account exceeds the sum of all the Basic Lease Rent and Supplemental Lease Rent due and unpaid on that date and the average of the next two aggregate payments of the Basic Lease Rent, in each case, under the applicable Facility Lease minus the Owner Lessor's Percentage of $1 million, as certified in the Request Letter; thirdTHIRD, on each Restricted Payment Date which does not occur during the Additional Reserve Period if the conditions to the payments of the Component A of Basic Lease Rent are satisfied pursuant to Section 6.9 of the applicable Participation Agreement, into the applicable subaccount of the Subordinated Rent Payment Account, an amount payable with respect to the Component A of Basic Lease Rent plus all Excepted Payments, if any, due and payable under the applicable Facility Lease on the Restricted Payment Date, together with the amount of all deficiencies, if any, with respect to all payments required in all prior months, as certified in the Request Letter; provided that on each Restricted Payment Date that is not a Rent Payment Date if the SocGen Instrument is not in effect through the following two Restricted Payment Dates than the Collateral Agent shall deposit 1/2 of the amount of Component A of Basic Lease Rent due and payable on the Rent Payment Date following such Restricted Payment Date; fourthFOURTH, on each Restricted Payment Date which does not occur during the Additional Reserve Period if the conditions to the payment of the Component A of Basic Lease Rent set forth in Section 6.9 of the applicable Participation Agreement are satisfied, into the applicable subaccount of the Subordinated Reserve Account, an amount equal to the difference, if positive, between the Reserve Requirement under the applicable Facility Lease and the sum of the balances on deposit in the applicable subaccounts of the Reserve Account and the Subordinated Reserve Account; fifth, on each Restricted Payment Date which occurs during the NOx Reserve Period which is not also the Additional Reserve Period if the conditions to the payment of the Component A of Basic Lease Rent set forth in Section 6.9 of the applicable Participation Agreement are satisfied, the balance remaining in the applicable subaccount of the Equity Account into the applicable subaccount of the NOx Reserve Account the amount equal to such Owner Lessor's Percentage of the NOx Reserve Requirement; sixthand FIFTH, on each Restricted Payment Date which does not occur during the Additional Reserve Period if the conditions to the payment of the Component A of Basic Lease Rent set forth in Section 6.9 of the applicable Participation Agreement are satisfied, the balance remaining in the applicable subaccount of the Equity Account, either into the Distributions Account or any other account designated by the Facility Lessee for the making of Restricted Payments if the conditions to making these payments as set forth in Section 6.10 of the applicable Participation Agreement are satisfied or into the applicable subaccount of the Suspended Distributions Account if such conditions in Section 6.10 of the applicable Participation Agreement are not satisfied; and seventh, on each Monthly Transfer Date either (a) which is not a Restricted Payment Blockage Date occurring prior to the Additional Reserve Period and (b) which does not occur during the Additional Reserve Period, into the applicable subaccount of the Supplemental Account the amount by which the sum of (1) the Owner Lessor's Percentage of the balance in the Revenue Account and (2) the balances in the applicable subaccounts of the Senior Rent Payment Account, the Equity Account and the Recovery Event Proceeds Account exceeds the sum of all the Basic Lease Rent and Supplemental Lease Rent due and unpaid on that date and the average of the next two aggregate payments of the Basic Lease Rent, in each case, under the applicable Facility Lease minus the Owner Lessor's Percentage of $1 million, as certified in the Request Letter.