Irrevocable Payment Instructions. The Borrower shall not modify, revoke or withhold the payment instructions set out in Clause 3.2 without the agreement of the Builder (in the case of Clause 3.2.1 only), the Agent and the Lenders.
Irrevocable Payment Instructions. Forthwith upon delivery of any Sales Contract Designation Notice with respect to any Sales Contract, the Guarantor shall deliver an original duly executed Irrevocable Payment Instructions with respect to that Sales Contract to the relevant Buyer and, in the case of a Covered Buyer, the Permitted Covering Institution issuing the letter or letters of credit or the insurance policy or policies (as applicable) supporting the relevant Covered Buyer’s payment obligations under that Sales Contract (with, in each case, a copy to the Trustee).
Irrevocable Payment Instructions. (a) Prior to the Fourth Amendment Effective Date, the Company shall enter into a funds transfer agreement with the Collateral Agent on the Collateral Agent's customary form, which funds transfer agreement shall be in form and substance satisfactory to the Holders and shall, in addition to its usual and customary terms, provide as follows:
(i) The Company submits to the Collateral Agent a standing payment order to pay from the Company's operating account the amount set forth at any time or from time to time in any written notification received by the Collateral Agent from the Holders (A) stating that the transfer is being requested to pay the outstanding fees and expenses of counsel to the Holders, Nightingale & Associates LLC or any other financial consultants hired by the Holders or their counsel and (B) containing funds transfer instructions.
(ii) The Collateral Agent shall be fully protected in relying on any such notification and complying with the funds transfer instructions contained therein and shall not be responsible for the truth, accuracy, authenticity or genuineness of the notification or of any information contained therein. The Company agrees to indemnify and to hold the Collateral Agent harmless from and against any losses, costs or expenses sustained or incurred by the Collateral Agent in accepting a payment order and complying with the funds transfer instructions. Such indemnity obligations shall constitute obligations under the Bank Loan Agreement secured by the Collateral.
(iii) The standing payment order set forth in this Section 32(a) shall not be cancelled, and the Company and the Collateral Agent agree that the funds transfer agreement shall not be amended so as to derogate from the provisions in favor of the Holders contained in this Section 32(a), without the prior written consent of the Holders.
(b) Subject to the provisions of Section 7.3(c) of the Note Purchase Amendments, if the Holders should at any time or from time to time determine that the unpaid reimbursements due and owing from the Company on account of invoices for the fees and expenses of counsel to the Holders, Nightingale & Associates LLC and any other financial consultants hired by the Holders or their counsel, equal or exceed $150,000 in the aggregate, the Holders shall be entitled to provide written notification thereof to the Collateral Agent, which notification shall (i) state that a funds transfer is being requested to pay in full the outstanding fees and expen...
Irrevocable Payment Instructions. Deliver to each purchaser designated as an Eligible Obligor in respect of a Scheduled Receivable the Irrevocable Payment Instructions in the applicable invoice to make payment to the relevant Collection Account.
Irrevocable Payment Instructions. The Borrower waives, to the fullest extent possible, any right to revoke, with or without fair cause (xxxxx xxxxx), the Irrevocable Payment Instructions.
Irrevocable Payment Instructions. If the Agent should at any time or from time to time determine that any invoices for the fees and expenses of counsel to the Agent or any invoices for the fees and expenses of Argus Management Corporation or any other financial consultants hired by the Agent or its counsel have not been reimbursed by the Borrowers to the Agent, the Agent shall be entitled to debit the Borrowers' Operating Account in an amount equal to the outstanding fees and expenses and to apply such amount to the unreimbursed fees and expenses.
Irrevocable Payment Instructions. The Borrower shall deliver to the relevant Eligible Obligor the Irrevocable Payment Instructions in the applicable invoice for any Assigned Receivables to make payment to the Dollar Collection Account or the Euro Collection Account, as the case may be.
Irrevocable Payment Instructions. Deliver to each purchaser designated as an Eligible Buyer in respect of a Scheduled Receivable the Irrevocable Payment Instructions or, in the case of sales by Powerwave Sweden, a notification in the form set out in the Swedish Receivables Transfer Agreement, in each case to make payment to (or to cause a letter of credit to be paid to) the relevant Collection Account.
Irrevocable Payment Instructions. Deliver to each purchaser designated as an Eligible Buyer in respect of a Scheduled Receivable the Irrevocable Payment Instructions to make payment to (or to cause a letter of credit to be paid to) the relevant Collection Account. In the case of sales by Sanmina-Mexico, the Irrevocable Payment Instructions also shall have been delivered to each Eligible Buyer in the form of the Notification. Notwithstanding the foregoing, for a period of up to 90 days from the initial Purchase Date hereunder payments may be made by Obligors under Scheduled Receivables to accounts other than the Collection Accounts, and be promptly transferred by the Servicers to the Collection Sub-Account (the “Ramp Up Period”).
Irrevocable Payment Instructions. The Borrower shall not modify, revoke or withhold the payment instructions set out in Clause 4.21 (Bxxxxxxx's irrevocable payment instructions) without the agreement of the Builder (in the case of sub-paragraph (i) of paragraph (b) of Clause 4.21 (Bxxxxxxx's irrevocable payment instructions) only), the Agent, the Export Credit Agency and the Lenders.
