Payment Notice and Disbursement Request; Disbursements. The Trustee shall, at least five Business Days prior to an Interest Payment Date, submit to the Pledge Agent a completed Payment Notice and Disbursement Request substantially in the form of Exhibit A hereto. The Pledge Agent's disbursement pursuant to any Payment Notice and Disbursement Request shall be subject to the satisfaction of the applicable conditions set forth in Section 3.2. If such Payment Notice and Disbursement Request is not rejected by the Pledge Agent, the Pledge Agent, as soon as reasonably practicable on the Interest Payment Date, but in no event later than 12:00 Noon (New York City time) on the Interest Payment Date, shall disburse the funds requested in such Payment Notice and Disbursement Request by wire or book-entry transfer of immediately available funds to the account of the Trustee for the benefit of the Beneficiaries. The Pledge Agent shall notify the Trustee as soon as reasonably possible (but not later than two Business Days from the date of receipt of the Payment Notice and Disbursement Request) if any Payment Notice and Disbursement Request is rejected and the reason(s) therefor. In the event such rejection is based upon nonsatisfaction of the condition in Section 3.2(a) below, the Trustee shall thereupon resubmit the Payment Notice and Disbursement Request with appropriate changes.
Appears in 3 contracts
Samples: Pledge and Security Agreement (Highwaymaster Corp), Pledge and Security Agreement (First Wave Marine Inc), Pledge and Security Agreement (Louisiana Ship Inc)
Payment Notice and Disbursement Request; Disbursements. The Trustee shall, at least five Business Days business days prior to an Interest Payment Date, submit to the Pledge Escrow Agent a completed Payment Notice and Disbursement Request substantially in the form of Exhibit A hereto. The Pledge Escrow Agent's disbursement pursuant to any Payment Notice and Disbursement Request shall be subject to the satisfaction of the applicable conditions set forth in Section 3.23(b). If Provided such Payment Notice and Disbursement Request is not rejected by the Pledge Agentit, the Pledge Escrow Agent, as soon as reasonably practicable on the Interest Payment Date, but in no event later than 12:00 Noon (New York City time) on the Interest Payment Date, shall disburse the funds requested in such Payment Notice and Disbursement Request by wire or book-entry transfer of immediately available funds to the account of the Trustee for the benefit of the Beneficiaries. The Pledge Escrow Agent shall notify the Trustee as soon as reasonably possible (but not later than two Business Days (2) business days from the date of receipt of the Payment Notice and Disbursement Request) if any Payment Notice and Disbursement Request is rejected and the reason(s) therefor. In the event such rejection is based upon nonsatisfaction of the condition in Section 3.2(a3(b)(I) below, the Trustee shall thereupon resubmit the Payment Notice and Disbursement Request with appropriate changes.
Appears in 3 contracts
Samples: Escrow Agreement (RCN Corp /De/), Escrow Agreement (Paging Network Do Brazil Sa), Escrow Agreement (Optel Inc)
Payment Notice and Disbursement Request; Disbursements. The Trustee shall, at least No later than five Business Days prior to an Interest Payment Date, the Company shall submit to the Pledge Escrow Agent with respect to the Notes, acknowledged by the Trustee, a completed Payment Notice and Disbursement Request substantially in the form of Exhibit A hereto. The Pledge Escrow Agent's disbursement pursuant to any Payment Notice and Disbursement Request shall be subject to the satisfaction of the applicable conditions set forth in Section 3.23(b). If Provided such Payment Notice and Disbursement Request is not rejected by the Pledge Agentit, the Pledge Escrow Agent, as soon as reasonably practicable on the Interest Payment Date, but in no event later than 12:00 Noon 11:00 a.m. (New York City time) on the Interest Payment Date, shall disburse the funds requested in such Payment Notice and Disbursement Request by wire or book-entry transfer of immediately available funds to the account of the Trustee for the benefit of the Beneficiaries. The Pledge Escrow Agent shall notify the Trustee as soon as reasonably possible practicable (but not later than two (2) Business Days from the date of receipt of the Payment Notice and Disbursement Request) if any Payment Notice and Disbursement Request is rejected and the reason(sreasons(s) therefor. In the event such rejection is based upon nonsatisfaction of the condition in Section 3.2(a) below3(b)(I), the Trustee Company shall thereupon resubmit the Payment Notice and Disbursement Request with appropriate changes.
Appears in 2 contracts
Samples: Escrow Agreement (Versatel Telecom International N V), Escrow Agreement (Versatel Telecom Bv)
Payment Notice and Disbursement Request; Disbursements. The Trustee shall, at least five Business Days prior to an Interest Payment Date, submit to the Pledge Agent a completed Payment Notice and Disbursement Request substantially in the form of Exhibit A hereto. The Pledge Escrow Agent's disbursement pursuant to any Payment Notice and Disbursement Request shall be subject to the satisfaction of the applicable conditions set forth in Section 3.23(b). If Provided such Payment Notice and Disbursement Request is not rejected by the Pledge Agentit, the Pledge Escrow Agent, as soon as reasonably practicable on the Interest Payment Date, but in no event later than 12:00 Noon (New York City time) on the Interest Payment Date, shall disburse the funds requested in such Payment Notice and Disbursement Request by wire or book-entry transfer of immediately available funds to the account of the Trustee for the benefit of the Beneficiaries. The Pledge Escrow Agent shall notify the Trustee as soon as reasonably possible (but not later than two Business Days (2) business days from the date of receipt of the Payment Notice and Disbursement Request) if any Payment Notice and Disbursement Request is rejected and the reason(s) therefor. In the event such rejection is based upon nonsatisfaction of the condition in Section 3.2(a3(b)(I) below, the Trustee shall thereupon resubmit the Payment Notice and Disbursement Request with appropriate changes.
Appears in 2 contracts
Samples: Escrow Agreement (Optel Inc), Escrow Agreement (Verio Inc)
Payment Notice and Disbursement Request; Disbursements. The Trustee shall, at At least ------------------------------------------------------ five Business Days business days prior to an Interest Payment Date, the Company may submit to the Pledge Agent Escrow Agent, with a copy to Trustee a completed Payment Notice and Disbursement Request substantially in the form of Exhibit A hereto. The Pledge --------- Escrow Agent's disbursement pursuant to any Payment Notice and Disbursement Request shall be subject to the satisfaction of the applicable conditions set forth in Section 3.23(b). If Provided such Payment Notice and Disbursement Request is not rejected by the Pledge Agentit, the Pledge Escrow Agent, as soon as reasonably practicable on the Interest Payment Date, but in no event later than 12:00 Noon (New York City time) on the Interest Payment Date, shall disburse the funds requested in such Payment Notice and Disbursement Request by wire or book-entry transfer of immediately available funds to the account of the Trustee for the benefit of the Beneficiaries. The Pledge Escrow Agent shall notify the Trustee as soon as reasonably possible (but not later than two (2) Business Days from the date of receipt of the Payment Notice and Disbursement Request) if any Payment Notice and Disbursement Request is rejected and the reason(s) therefor. In the event such rejection is based upon nonsatisfaction of the condition in Section 3.2(a) below3(b)(I), the Trustee Company shall thereupon resubmit the Payment Notice and Disbursement Request with appropriate changes.
Appears in 1 contract
Payment Notice and Disbursement Request; Disbursements. The Trustee ------------------------------------------------------ shall, at least five Business Days prior to an the Interest Payment DateDate (as defined in the Indenture) for any of the First Six Scheduled Interest Payments, submit to the Pledge Agent Securities Intermediary a completed Payment Notice and Disbursement Request substantially in the form of Exhibit A B hereto. The Pledge AgentSecurities Intermediary's disbursement pursuant to any Payment Notice and Disbursement Request shall be subject to the satisfaction of the applicable conditions set forth in Section 3.23(b). If Provided such Payment Notice and Disbursement Request is not rejected by the Pledge Agentit, the Pledge AgentSecurities Intermediary, as soon as reasonably practicable on the Interest Payment Datepracticable, but in no event later than 12:00 Noon 9:00 a.m. (New York City time) on one day preceding the applicable Interest Payment Date, shall disburse the funds amounts requested in such Payment Notice and Disbursement Request by wire or book-entry transfer of immediately available funds amounts to the account of to the Trustee Principal Paying Agent who will disburse the amounts requested in such Payment Notice and Disbursement Request for the benefit of the Beneficiariesholders of the Notes in accordance with the terms of the Indenture. The Pledge Agent Securities Intermediary will take such action, including the release of cash and/or the liquidation of Pledged Securities in order to have adequate amounts to satisfy the amount requested in the Payment Notice and Disbursement Request. Such action may be taken by the Securities Intermediary at any time after the completed Payment Notice and Disbursement Request is delivered to the Securities Intermediary. The Securities Intermediary shall notify the Trustee as soon as reasonably possible (but not later than two (2) Business Days from the date of receipt of the Payment Notice and Disbursement Request) if any Payment Notice and Disbursement Request is rejected and the reason(s) therefor. In the event such rejection is based upon nonsatisfaction of the condition in Section 3.2(a5(b)(i) below, the Trustee shall thereupon resubmit the Payment Notice and Disbursement Request with appropriate changes.
Appears in 1 contract
Payment Notice and Disbursement Request; Disbursements. The Trustee shall, at least five No later than the fifth Business Days Day prior to an Interest Payment Date, the Company may submit to the Pledge Agent Escrow Agent, with a copy to Trustee, a completed Payment Notice and Disbursement Request substantially in the form of Exhibit A hereto. The Pledge Escrow Agent's disbursement pursuant to any Payment Notice and Disbursement Request shall be subject to the satisfaction of the applicable conditions set forth in Section 3.23(b). If Provided such Payment Notice and Disbursement Request is not rejected by the Pledge Agentit for failure to satisfy such conditions, the Pledge Escrow Agent, as soon as reasonably practicable on the Interest Payment Date, but in no event later than 12:00 Noon 10:00 a.m. (New York City time) on the Interest Payment Date, shall disburse the funds requested in such Payment Notice and Disbursement Request by wire or book-entry transfer of immediately available funds to the account of the Trustee for the benefit of the Beneficiaries. The Pledge Escrow Agent shall notify Trustee and the Trustee Company as soon as reasonably possible (but not later than two one (1) Business Days Day from the date of receipt of the Payment Notice and Disbursement Request) if any Payment Notice and Disbursement Request is rejected and the reason(s) therefor. In the event such rejection is based upon nonsatisfaction of the condition in Section 3.2(a) below3(b)(i), the Trustee shall Company may, no later than one Business Day after it is notified of such rejection thereupon resubmit the Payment Notice and Disbursement Request with appropriate changes.
Appears in 1 contract
Samples: Escrow and Security Agreement (Bell Technology Group LTD)
Payment Notice and Disbursement Request; Disbursements. The Trustee shall, at least Up ------------------------------------------------------ to five Business Days business days prior to an Interest Payment Date, the Company may submit to the Pledge Agent Escrow Agent, with a copy to Trustee a completed Payment Notice and Disbursement Request substantially in the form of Exhibit A hereto. The Pledge --------- Escrow Agent's disbursement pursuant to any Payment Notice and Disbursement Request shall be subject to the satisfaction of the applicable conditions set forth in Section 3.23(b). If Provided such Payment Notice and Disbursement Request is not rejected by the Pledge Agentit, the Pledge Escrow Agent, as soon as reasonably practicable on the Interest Payment Date, but in no event later than 12:00 Noon (New York City time) on the Interest Payment Date, shall disburse the funds requested in such Payment Notice and Disbursement Request by wire or book-entry transfer of immediately available funds to the account of the Trustee for the benefit of the Beneficiaries. The Pledge Escrow Agent shall notify the Trustee as soon as reasonably possible (but not later than two (2) Business Days from the date of receipt of the Payment Notice and Disbursement Request) if any Payment Notice and Disbursement Request is rejected and the reason(s) therefor. In the event such rejection is based upon nonsatisfaction of the condition in Section 3.2(a) below, the Trustee shall thereupon resubmit the Payment Notice and Disbursement Request with appropriate changes.based
Appears in 1 contract
Payment Notice and Disbursement Request; Disbursements. The Trustee shall, at least five Business Days business days prior to an Interest interest 7 -7- Payment DateDate or to a date of redemption or repurchase pursuant to Section 3.07(a) or Section 4.16 of the Indenture in respect of the Notes, submit to the Pledge Escrow Agent a completed Payment Notice and Disbursement Request substantially in the form of Exhibit A hereto. The Pledge Escrow Agent's disbursement pursuant to any Payment Notice and Disbursement Request shall be subject to the satisfaction of the applicable conditions set forth in Section 3.23(b) hereof. If Provided such Payment Notice and Disbursement Request is not rejected by it, the Pledge Escrow Agent, the Pledge Agent, as soon as reasonably practicable on the Interest within two (2) business days following receipt of such Payment Date, but in no event later than 12:00 Noon (New York City time) on the Interest Payment DateNotice and Disbursement Request, shall disburse the funds requested in such Payment Notice and Disbursement Request by wire or book-entry transfer of immediately available funds to the account of the Trustee for the benefit of the Beneficiariesholders of the Notes. The Pledge Escrow Agent shall notify the Trustee as soon as reasonably possible (but not later than two Business Days (2) business days from the date of receipt of the Payment Notice and Disbursement Request) if any Payment Notice and Disbursement Request is rejected and the reason(s) reasons therefor. In the event such rejection is based upon nonsatisfaction of the condition in Section 3.2(a3(b)(A) below, the Trustee shall thereupon resubmit the Payment Notice and Disbursement Request with appropriate changes.
Appears in 1 contract
Samples: Escrow and Disbursement Agreement (Heartland Wireless Communications Inc)
Payment Notice and Disbursement Request; Disbursements. The Trustee shall, at least five Business Days prior to an Interest Payment DateDate with respect to the five regularly scheduled interest payments due on the Notes from January 15, 1998 through January 15, 2000 or to a date of redemption or repurchase (if prior to the payment of the fifth interest payment on the Notes) pursuant to Section 4.07 of the Indenture in respect of the Notes, submit to the Pledge Escrow Agent a completed Payment Notice and Disbursement Request substantially in the form of Exhibit A hereto. The Pledge Escrow Agent's disbursement pursuant to any Payment Notice and Disbursement Request shall be subject to the satisfaction of the applicable conditions set forth in Section 3.23(b) hereof. If Provided such Payment Notice and Disbursement Request is not rejected by it for failure to comply with Section 3(b), the Pledge Escrow Agent, the Pledge Agent, as soon as reasonably practicable on the Interest within two (2) Business Days following receipt of such Payment Date, but in no event later than 12:00 Noon (New York City time) on the Interest Payment DateNotice and Disbursement Request, shall disburse the funds requested in such Payment Notice and Disbursement Request by wire or book-entry transfer of immediately available funds to the account of the Trustee for the benefit of the Beneficiariesholders of the Notes. The Pledge Escrow Agent shall notify the Trustee as soon as reasonably possible (but not later than two (2) Business Days from the date of receipt of the Payment Notice and Disbursement Request) if any Payment Notice and Disbursement Request is rejected for failure to comply with Section 3(b) and the reason(s) reasons therefor. In the event such rejection is based upon nonsatisfaction of the condition in Section 3.2(a3(b)(A) below, the Trustee shall thereupon resubmit the Payment Notice and Disbursement Request with appropriate changes.
Appears in 1 contract
Samples: Escrow and Disbursement Agreement (American Communications Services Inc)
Payment Notice and Disbursement Request; Disbursements. The In addition to the releases contemplated by Section 3(a)(i) and (ii), the Trustee shall, at least five Business Days prior to an Interest Payment Date, submit to the Pledge Escrow Agent a completed Payment Notice and Disbursement Request substantially in the form of Exhibit A hereto. 11 The Pledge Escrow Agent's disbursement pursuant to any Payment Notice and Disbursement Request shall be subject to the satisfaction of the applicable conditions set forth in Section 3.23(c). If Provided such Payment Notice and Disbursement Request is not rejected by the Pledge Agentit, the Pledge Escrow Agent, as soon as reasonably practicable on the Interest Payment Date, but in no event later than 12:00 Noon (New York City time) on the such Interest Payment Date, shall disburse the funds requested in such Payment Notice and Disbursement Request by wire or book-entry transfer of immediately available funds to the account of the Trustee for the benefit of the Beneficiaries. The Pledge Escrow Agent shall notify the Trustee as soon as reasonably possible (but not later than two Business Days from the date of receipt of the Payment Notice and Disbursement Request) if any Payment Notice and Disbursement Request is rejected and the reason(s) therefor. In the event such rejection is based upon nonsatisfaction of the condition in Section 3.2(a3(d)(I) below, the Trustee shall thereupon resubmit the Payment Notice and Disbursement Request with appropriate changes.
Appears in 1 contract
Payment Notice and Disbursement Request; Disbursements. The Trustee shall, at least Up to five Business Days business days prior to an Interest Payment Date, Company may submit to the Pledge Agent Escrow Agent, with a copy to Trustee a completed Payment Notice and Disbursement Request substantially in the form of Exhibit A hereto. The Pledge Escrow Agent's disbursement pursuant to any Payment Notice and Disbursement Request shall be subject to the satisfaction of the applicable conditions set forth in Section 3.23 (b). If Provided such Payment Notice and Disbursement Request is not rejected by the Pledge Agentit, the Pledge Escrow Agent, as soon as reasonably practicable on the Interest Payment Date, but in no event later than 12:00 Noon (New York City time) on the Interest Payment Date, shall disburse the funds requested in such Payment Notice and Disbursement Request by wire or book-entry transfer of immediately available funds to the account of the Trustee for the benefit of the Beneficiaries. The Pledge Escrow Agent shall notify the Trustee as soon as reasonably possible (but not later than two (2) Business Days from the date of receipt of the Payment Notice and Disbursement Request) if any Payment Notice and Disbursement Request is rejected and the reason(s) therefor. In the event such rejection is based upon nonsatisfaction of the condition in Section 3.2(a3 (b) below(I), the Trustee Company shall thereupon resubmit the Payment Notice and Disbursement Request with appropriate changes.
Appears in 1 contract
Payment Notice and Disbursement Request; Disbursements. The Trustee shall, at At least ------------------------------------------------------ five Business Days prior to an Interest Payment Date, the Company may submit to the Pledge Agent Escrow Agent, with a copy to Trustee, a completed Payment Notice and Disbursement Request substantially in the form of Exhibit A heretoRequest. The Pledge Escrow Agent's disbursement pursuant to any Payment Notice and Disbursement Request shall be subject to the satisfaction of the applicable conditions set forth in Section 3.23(b). If Provided such Payment Notice and Disbursement Request is not rejected by it as a result of the Pledge Agentnonsatisfaction of the conditions set forth in Section 3(b), the Pledge Escrow Agent, as soon as reasonably practicable on the Interest Payment Date, but in no event later than 12:00 Noon (New York City time) on the Interest Payment Date, shall disburse the funds requested in such Payment Notice and Disbursement Request by wire or book-entry transfer of immediately available funds to the account of the Trustee for the benefit of the BeneficiariesBeneficiaries or the Company in accordance with Section 3(c), as applicable. The Pledge Escrow Agent shall notify the Company and Trustee as soon as reasonably possible (but not later than two (2) Business Days from the date of receipt of the Payment Notice and Disbursement Request) if any Payment Notice and Disbursement Request is rejected and the reason(s) therefor. In the event such rejection is based upon nonsatisfaction of the condition in Section 3.2(a) below3(b)(I), the Trustee Company shall thereupon resubmit the Payment Notice and Disbursement Request with appropriate changes.
Appears in 1 contract
Samples: Escrow Agreement (Equinix Inc)
Payment Notice and Disbursement Request; Disbursements. The Trustee shall, at least not less than five (5) Business Days (as defined in the Indenture) prior to an the Interest Payment DateDate or to a date of redemption or purchase pursuant to Section 3.07, Section 3.08 or Section 4.14 of the Indenture in respect of the Notes, submit to the Pledge Escrow Agent a completed Payment Notice and Disbursement Request substantially in the form of Exhibit A hereto. The Pledge Escrow Agent's disbursement pursuant to any Payment Notice and Disbursement Request shall be subject to the satisfaction of the applicable conditions set forth in Section 3.23(b) hereof. If Provided such Payment Notice and Disbursement Request is not rejected by the Pledge Agentit, the Pledge Agent, Escrow Agent as soon as reasonably practicable on the Interest Payment Date, but in no event later than 12:00 Noon (New York City time) on the Interest Payment Date, Date shall disburse the funds requested in such Payment Notice and Disbursement Request by wire or book-entry transfer of immediately available funds to the account of the Trustee for the benefit of the BeneficiariesTrustee and the holders of the Notes. The Pledge Escrow Agent shall notify the Trustee as soon as reasonably possible (but not later than two (2) Business Days from the date of receipt of the Payment Notice and Disbursement Request) if any Payment Notice and Disbursement Request is rejected and the reason(s) reasons therefor. In the event such rejection is based upon nonsatisfaction of the condition in Section 3.2(a3(b)(A) below, the Trustee shall thereupon resubmit the Payment Notice and Disbursement Request with appropriate changes.
Appears in 1 contract
Samples: Escrow and Disbursement Agreement (Resort Investment LLC)
Payment Notice and Disbursement Request; Disbursements. The So long as interest on the Notes is due or will become due under the Notes, the Trustee shall, at least five Business Days business days prior to an Interest Payment DateDate in respect of the Notes, submit to the Pledge Escrow Agent (with a copy to the Guarantor) a completed Payment Notice and Disbursement Request substantially in the form of Exhibit A A-1 hereto. In the event (and only in the event) that interest on the Notes is no longer due and will not become due (whether because the full principal amount of the Notes is to be prepaid or otherwise), the Trustee shall, five business days prior to a date of redemption or purchase pursuant to Section 3.1, Section 4.13 or Section 4.15 of the Indenture in respect of the Notes, submit to the Escrow Agent (with a copy to the Guarantor) a completed Payment Notice and Disbursement Request substantially in the form of Exhibit A-2 hereto. The Pledge Escrow Agent's disbursement pursuant to any Payment Notice and Disbursement Request shall be subject to the satisfaction of the applicable conditions set forth in Section 3.23(b) hereof. If Provided such Payment Notice and Disbursement Request is not rejected by it pursuant to Section 3(b), the Pledge Escrow Agent, the Pledge Agent, as soon as reasonably practicable on the Interest within two business days following receipt of such Payment Date, but in no event later than 12:00 Noon (New York City time) on the Interest Payment DateNotice and Disbursement Request, shall disburse the funds requested in such Payment Notice and Disbursement Request by wire or book-entry transfer of immediately available funds to the account of the Trustee for the benefit of the Beneficiariesholders of the Notes. The Pledge Escrow Agent shall notify the Trustee as soon as reasonably possible (but not later than two Business Days business days from the date of receipt of the Payment Notice and Disbursement Request) if any Payment Notice and Disbursement Request is rejected and the reason(s) reasons therefor. In the event such rejection is based upon nonsatisfaction of the condition in Section 3.2(a3(b)(i) below, the Trustee shall thereupon resubmit the Payment Notice and Disbursement Request with appropriate changes.
Appears in 1 contract
Samples: Escrow and Disbursement Agreement (Renaissance Cosmetics Inc /De/)
Payment Notice and Disbursement Request; Disbursements. The Trustee shall, at least Up to five Business Days business days prior to an Interest Payment Date, Company may submit to the Pledge Agent Escrow Agent, with a copy to Trustee a completed Payment Notice and Disbursement Request substantially in the form of Exhibit A hereto. The Pledge Escrow Agent's disbursement pursuant to any Payment Notice and Disbursement Request shall be subject to the satisfaction of the applicable conditions set forth in Section 3.23(b). If Provided such Payment Notice and Disbursement Request is not rejected by the Pledge Agentit, the Pledge Escrow Agent, as soon as reasonably practicable on the Interest Payment Date, but in no event later than 12:00 Noon (New York City time) on the Interest Payment Date, shall disburse the funds requested in such Payment Notice and Disbursement Request by wire or book-entry transfer of immediately available funds to the account of the Trustee for the benefit of the Beneficiaries. The Pledge Escrow Agent shall notify the Trustee as soon as reasonably possible (but not later than two (2) Business Days from the date of receipt of the Payment Notice and Disbursement Request) if any Payment Notice and Disbursement Request is rejected and the reason(s) therefor. In the event such rejection is based upon nonsatisfaction of the condition in Section 3.2(a) below3(b)(I), the Trustee Company shall thereupon resubmit the Payment Notice and Disbursement Request with appropriate changes.
Appears in 1 contract