Management and Application of Funds Sample Clauses

Management and Application of Funds. The Guarantor shall take or cause to be taken such action as may from time to time be necessary on its part to ensure that all amounts received by the Guarantor and falling within any of the following categories shall from time to time either (i) be credited to the GIC Account (and/or, as applicable, the Standby GIC Account), or (ii) be applied directly in accordance with the applicable Priorities of Payments: (a) all Revenue Receipts and all Principal Receipts; (b) all Cash Capital Contributions; (c) amounts received by the Guarantor pursuant to the Interest Rate Swap Agreement; (d) Excess Proceeds received from the Bond Trustee pursuant to the Trust Deed; (e) any other amount whatsoever received by or on behalf of the Guarantor after the Programme Date (including, without limitation, any proceeds advanced to the Guarantor under the Intercompany Loan Agreement where such proceeds have not been applied to acquire Portfolio Assets, to refinance an existing Advance under the Intercompany Loan Agreement or invest in Substitute Assets); (f) the proceeds arising from the disposal of any Substitute Assets and any and all income or other distributions received by the Guarantor in respect thereof or arising from the proceeds of any Substitute Assets; and (g) such other payments received by the Guarantor as are, or ought in accordance with this Agreement to be, comprised in the Collateral.
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Management and Application of Funds. The Guarantor will take or cause to be taken such action as may from time to time be necessary on its part to ensure that all amounts received by the Guarantor and falling within any of the following categories shall from time to time either (i) be credited to the GDA Account (and/or as applicable, the Standby GDA Account), or (ii) be applied directly in accordance with the applicable Priorities of Payments: (a) all Revenue Receipts and all Principal Receipts; (b) amounts received by the Guarantor pursuant to the Interest Rate Swap Agreement; (c) Excess Proceeds received from the Bond Trustee pursuant to the Trust Deed; (d) any other amount whatsoever received by or on behalf of the Guarantor after the Program Date (including, without limitation, the proceeds of any Advances made to the Guarantor where such funds have not been applied to acquire Additional Loans and their Related Security pursuant to the Mortgage Sale Agreement, to make Additional Loan Advances or invest in Substitute Assets), but excluding any Tax Credits, Swap Collateral Excluded Amounts and Third Party Amounts; (e) the proceeds arising from the disposal of any Substitute Assets and any and all income or other distributions received by the Guarantor in respect thereof or arising from the proceeds of any Substitute Assets; and (f) such other payments received by the Guarantor as are, or ought in accordance with this Agreement to be, comprised in the Charged Property, including the proceeds from the sales of Loans and their Related Security by the Guarantor.
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Management and Application of Funds. The Fifth Issuer shall take or cause to be taken such action as may from time to time be necessary on its part to ensure that the Fifth Issuer Accounts shall from time to time be credited with all amounts received by the Fifth Issuer and falling within any of the following categories: (a) amounts received by the Fifth Issuer from or on behalf of Funding 1 pursuant to the provisions of the Fifth Issuer Intercompany Loan Agreement; (b) interest received on the Fifth Issuer Accounts; (c) amounts received by the Fifth Issuer from the Swap Providers under the Fifth Issuer Swap Agreements; (d) the proceeds arising from the disposal of any Authorised Investments and any and all income or other distributions received by the Fifth Issuer in respect thereof or arising from the proceeds of any Authorised Investments; (e) amounts received by the Fifth Issuer from the Security Trustee in its capacity as security trustee under the Funding 1 Deed of Charge or a Receiver following the service of an Intercompany Loan Acceleration Notice; and (f) such other payments received by the Fifth Issuer as are, or ought in accordance with this Deed to be, comprised in the Fifth Issuer Charged Property.
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Management and Application of Funds. The Ninth Issuer shall take or cause to be taken such action as may from time to time be necessary on its part to ensure that the Ninth Issuer Transaction Accounts shall from time to time be credited with all amounts received by the Ninth Issuer and falling within any of the following categories: (a) amounts received by the Ninth Issuer from or on behalf of Funding pursuant to the provisions of the Ninth Issuer Intercompany Loan Agreement; (b) interest received on the Ninth Issuer Transaction Accounts; (c) amounts received by the Ninth Issuer from the Dollar Currency Swap Providers under the Dollar Currency Swap Agreements (other than any collateral provided to the Ninth Issuer by the Dollar Currency Swap Providers, which shall be credited to the relevant Issuer Collateral Account (except where such collateral may be applied in accordance with this Deed)); (d) amounts received by the Ninth Issuer from the Euro Currency Swap Provider under the Euro Currency Swap Agreement (other than any collateral provided to the Ninth Issuer by the Euro Currency Swap Provider, which shall be credited to the relevant Issuer Collateral Account (except where such collateral may be applied in accordance with this Deed)); (e) income received by the Ninth Issuer in respect of the proceeds of any Authorised Investments (other than any proceeds from the Authorised Investments in which collateral provided to the Ninth Issuer from any Ninth Issuer Swap Provider is invested in, which shall be credited to the relevant Issuer Collateral Account (except where such Collateral may be applied in accordance with this Deed)); and (f) amounts received by the Ninth Issuer from the Security Trustee (as security trustee under the Funding Deed of Charge) or a Receiver following the service of a Ninth Issuer Intercompany Loan Enforcement Notice.
Sample 1
Management and Application of Funds. The Fourth Issuer shall take or cause to be taken such action as may from time to time be necessary on its part to ensure that the Fourth Issuer Accounts shall from time to time be credited with all amounts received by the Fourth Issuer and falling within any of the following categories: (a) amounts received by the Fourth Issuer from or on behalf of Funding 1 pursuant to the provisions of the Fourth Issuer Intercompany Loan Agreement; (b) interest received on the Fourth Issuer Accounts; (c) amounts received by the Fourth Issuer from the Swap Providers under the Swap Agreements; (d) the proceeds arising from the disposal of any Authorised Investments and any and all income or other distributions received by the Fourth Issuer in respect thereof or arising from the proceeds of any Authorised Investments; (e) amounts received by the Fourth Issuer from the Security Trustee in its capacity as security trustee under the Funding 1 Deed of Charge or a Receiver following the service of an Intercompany Loan Acceleration Notice; and (f) such other payments received by the Fourth Issuer as are, or ought in accordance with this Deed to be, comprised in the Fourth Issuer Charged Property.
Sample 1
Management and Application of Funds. The Issuer shall take or cause to be taken such action as may from time to time be necessary on its part to ensure that the Issuer Accounts shall from time to time be credited with all amounts received by the Issuer and falling within any of the following categories: (a) all Revenue Receipts and all Redemption Receipts; (b) amounts received by the Issuer pursuant to the Swap Agreement into the Issuer Accounts; (c) the proceeds arising from the disposal of any Swap Collateral and any and all income or other distributions received by the Issuer in respect thereof or arising from the proceeds of any Swap Collateral; (d) any amounts received from the Seller or the Third Party Purchaser in relation to the exercise of the Call Option in accordance with the terms of the Mortgage Sale Agreement; and (e) such other payments received by the Issuer as are, or ought in accordance with this Deed to be, comprised in the Charged Assets.
Sample 1
Management and Application of Funds. The Issuer shall take or cause to be taken such action as may from time to time be necessary on its part to ensure that the relevant Issuer Accounts (as applicable, excluding the Collateral Accounts) shall from time to time be credited with all amounts received by the Issuer, including, without limitation, amounts falling within any of the following categories (but excluding cash collateral and JGBs governed by Clause 6.6): (a) dividends or other amounts received by the Issuer from the HoldCos; (b) amounts received by the Issuer from Toshiba or other stockholders of US HoldCo or UK HoldCo under the Investment Agreements, the Put Option Agreements or the Shareholders Agreements, as applicable; (c) interest received on the Issuer Accounts; (d) the proceeds arising from the disposal of any Eligible Investments and any and all income or other distributions received by the Issuer in respect thereof or arising from the proceeds of any Eligible Investments; (e) amounts drawn under the Letters of Credit; and (f) such other payments received by the Issuer as are, or ought in accordance with this Deed to be, comprised in the Charged Property and which are not otherwise paid into the Issuer Accounts.
Sample 1
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Management and Application of Funds. The Seventh Issuer shall take or cause to be taken such action as may from time to time be necessary on its part to ensure that the Seventh Issuer Transaction Accounts shall from time to time be credited with all amounts received by the Seventh Issuer and falling within any of the following categories: (a) amounts received by the Seventh Issuer from or on behalf of Funding pursuant to the provisions of the Seventh Issuer Intercompany Loan Agreement; (b) interest received on the Seventh Issuer Transaction Accounts; (c) amounts received by the Seventh Issuer from the Dollar Currency Swap Providers under the Dollar Currency Swap Agreements; (d) amounts received by the Seventh Issuer from the Euro Currency Swap Provider under the Euro Currency Swap Agreements; (e) income received by the Seventh Issuer in respect of the proceeds of any Authorised Investments; and (f) amounts received by the Seventh Issuer from the Security Trustee (as security trustee under the Funding Deed of Charge) or a Receiver following the service of a Seventh Issuer Intercompany Loan Enforcement Notice.
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Related to Management and Application of Funds

  • Application of Funds After the exercise of remedies provided for in Section 8.02 (or after the Loans have automatically become immediately due and payable and the L/C Obligations have automatically been required to be Cash Collateralized as set forth in the proviso to Section 8.02), any amounts received on account of the Obligations, subject to the provisions of Sections 2.13 and 2.14, shall be applied by the Administrative Agent in the following order: First, to payment of that portion of the Obligations constituting fees, indemnities, expenses and other amounts (including fees, charges and disbursements of counsel to the Administrative Agent and amounts payable under Article III) payable to the Administrative Agent in its capacity as such; Second, to payment of that portion of the Obligations constituting fees, indemnities and other amounts (other than principal, interest and Letter of Credit Fees) payable to the Lenders and the L/C Issuer (including fees, charges and disbursements of counsel to the respective Lenders and the L/C Issuer and amounts payable under Article III), ratably among them in proportion to the amounts described in this clause Second payable to them; Third, to payment of that portion of the Obligations constituting accrued and unpaid Letter of Credit Fees and interest on the Loans and L/C Borrowings, ratably among the Lenders and the L/C Issuer in proportion to the respective amounts described in this clause Third held by them; Fourth, to (a) payment of that portion of the Obligations constituting unpaid principal of the Loans and L/C Borrowings and (b) Cash Collateralize that portion of L/C Obligations comprised of the aggregate undrawn amount of Letters of Credit, ratably among the Lenders and the L/C Issuer in proportion to the respective amounts described in this clause Fourth held by them; and Last, the balance, if any, after all of the Obligations have been paid in full, to the Borrower or as otherwise required by Law. Subject to Section 2.03(c) and Section 2.13, amounts used to Cash Collateralize the aggregate undrawn amount of Letters of Credit pursuant to clause Fourth above shall be applied to satisfy drawings under such Letters of Credit as they occur. If any amount remains on deposit as Cash Collateral after all Letters of Credit have either been fully drawn or expired, such remaining amount shall be applied to the other Obligations, if any, in the order set forth above.

  • NON APPROPRIATION OF FUNDS This Contract is contingent upon the appropriation of sufficient funds by appropriate MPS officials. If funds are not appropriated, Contractor agrees to take back any commodities furnished under the Contract, terminate any services supplied to MPS under the Contract, and relieve MPS of any further obligations under the Contract.

  • Disbursement of Funds (a) No later than 2:00 p.m. (New York City time) on the date specified in each Notice of Borrowing (including Mandatory Borrowings), each Lender made available its pro rata portion, if any, of each Borrowing requested to be made on such date in the manner provided below; provided that on the Original Closing Date, such funds were made available at such earlier time as may be agreed among the Lenders, the Borrower and the Administrative Agent for the purpose of consummating the Transactions; provided further that all Swingline Loans shall be made available to the Borrower in the full amount thereof by the Swingline Lender no later than 4:00 p.m. (New York City time) on the date requested. (b) Each Lender shall make available all amounts it is to fund to the Borrower under any Borrowing for its applicable Commitments, and in immediately available funds to the Administrative Agent at the Administrative Agent’s Office and the Administrative Agent will (except in the case of Mandatory Borrowings and Borrowings to repay Unpaid Drawings) make available to the Borrower, by depositing to an account designated by the Borrower to the Administrative Agent the aggregate of the amounts so made available in the applicable currency. Unless the Administrative Agent shall have been notified by any Lender prior to the date of any such Borrowing that such Lender does not intend to make available to the Administrative Agent its portion of the Borrowing or Borrowings to be made on such date, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent on such date of Borrowing, and the Administrative Agent, in reliance upon such assumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender and the Administrative Agent has made available such amount to the Borrower, the Administrative Agent shall be entitled to recover such corresponding amount from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent in the applicable currency. The Administrative Agent shall also be entitled to recover from such Lender or the Borrower interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if paid by such Lender, the Overnight Rate or (ii) if paid by the Borrower, the then-applicable rate of interest or fees, calculated in accordance with Section 2.8, for the respective Loans. (c) Nothing in this Section 2.4 shall be deemed to relieve any Lender from its obligation to, fulfill its commitments hereunder or to prejudice any rights that the Borrower may have against any Lender as a result of any default by such Lender hereunder (it being understood, however, that no Lender shall be responsible for the failure of any other Lender to fulfill its commitments hereunder).

  • Retention of Funds Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

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