Common use of EXCESS REVENUE ACCOUNT Clause in Contracts

EXCESS REVENUE ACCOUNT. (a) If, as of any Operating Expense Transfer Date, the cash available in the Revenue Account is less than the Operating Expenses set forth in the Expense Certificate (or other certificate) setting forth such Operating Expenses due on such date, the Administrative Agent shall transfer to the Person(s) entitled thereto in accordance with Section 8.12(a) (to the extent cash is 144 available in the Excess Revenue Account) the amount of any deficiency in the payment of the Operating Expenses set forth in such certificate. (b) If, as of any date on which the payment of interest on or principal of the Loans becomes due and payable as certified by the Company to the Administrative Agent, the cash available in the Revenue Account is insufficient to make such payment obligations on such date in accordance with Section 8.12, the Administrative Agent shall transfer to the Lenders an amount (to the extent cash is available in the Excess Revenue Account) to remedy any such insufficiency. (c) Within forty five (45) days after the end of each Operating Year of the Company, the Company shall be permitted to request the Administrative Agent to distribute any or all amounts available in the Excess Revenue Account to the Company's Excess Cash Flow Account. Upon such request, the Administrative Agent shall distribute such amount from the cash available in the Excess Revenue Account to the Company's Excess Cash Flow Account. Notwithstanding anything to the contrary in this Section 8.21 upon the occurrence and during the Continuance of a Default or an Event of Default, funds in the Excess Revenue Account may be utilized to pay interest on and principal of the Loans.

EXCESS REVENUE ACCOUNT. (a) If, as of any Operating Expense Transfer Date, the cash available in the Revenue Account is less than the Operating Expenses set forth in the Expense Certificate (or other certificate) setting forth such Operating Expenses due on such date, the Administrative Agent shall transfer to the Person(s) entitled thereto in accordance with Section 8.12(a) (to the extent cash is 144 available in the Excess Revenue Account) the amount of any deficiency in the payment of the Operating Expenses set forth in such certificate. (b) If, as of any date on which the payment of interest on or principal of the Loans becomes due and payable as certified by the Company to the Administrative Agent, the cash available in the Revenue Account is insufficient to make such payment obligations on such date in accordance with Section 8.12, the Administrative Agent shall transfer to the Lenders an amount (to the extent cash is available in the Excess Revenue Account) to remedy any such insufficiency. (c) Within forty five (45) days after the end of each Operating Year of the Company, the Company shall be permitted to request the Administrative Agent to distribute any or all amounts available in the Excess Revenue Account to the Company's Excess Cash Flow Account. Upon such request, the Administrative Agent shall distribute such amount from the cash available in the Excess Revenue Account to the Company's Excess Cash Flow Account. Notwithstanding anything to the contrary in this Section 8.21 upon the occurrence and during the Continuance of a Default or an 129 138 Event of Default, funds in the Excess Revenue Account may be utilized to pay interest on and principal of the Loans.

EXCESS REVENUE ACCOUNT. (a) If, as of any Operating Expense Transfer Date, the cash available in the Revenue Account is less than the Operating Expenses set forth in the Expense Certificate (or other certificate) setting forth such Operating Expenses due on such date, the Administrative Agent Collateral Trustee shall transfer to the Person(s) entitled thereto in accordance with Section 8.12(a8.10(a) (to the extent cash is 144 available in the Excess Revenue Account) the amount of any deficiency in the payment of the Operating Expenses set forth in such certificate. (b) If, as of any date on which the payment of interest on or principal of the Loans and the Senior Unsecured Notes becomes due and payable as certified by the Company Borrower to the Collateral Trustee and the Administrative Agent, the cash available in the Revenue Account is insufficient to make such payment obligations on such date in accordance with Section 8.128.10, the Administrative Agent Collateral Trustee shall transfer FIRST, to the Administrative Agent, for the benefit of the Lenders an amount (and SECOND, to the Senior Unsecured Note Trustee, for the benefit of the holders of the Unsecured Notes, their respective amounts to the extent cash is available in the Excess Revenue Account) Account to remedy any such insufficiency. (c) Within forty five (45) 45 days after the end of each Operating Year of the CompanyBorrower, the Company Borrower shall be permitted to request the Administrative Agent Collateral Trustee to distribute any or all amounts available in the Excess Revenue Account to the Company's Excess Cash Flow Account. Upon such request, the Administrative Agent Collateral Trustee shall distribute such amount from the cash available in the Excess Revenue Account to the Company's Excess Cash Flow Account. Notwithstanding anything to the contrary in this Section 8.21 upon the occurrence and during the Continuance of a Default or an Event of Default, funds in the Excess Revenue Account may be utilized to pay interest on and principal of the Loans.