Payments from Accounts. (a) The Accounts Bank and, if applicable, the Operating Accounts Bank each agree that it shall make such payments out of the funds on deposit in any Account maintained with it as may from time to time be required in accordance with the terms of this Agreement.
(b) For the avoidance of doubt, funds on deposit in any Account must represent cleared funds and payments may only be made in relation to funds on deposit in any Account as at the close of business on the immediately preceding Business Day unless stated otherwise in this Agreement.
(c) If there are insufficient cleared funds in any Account to make a payment in accordance with a Payment Instruction then the Accounts Bank or, if applicable, the Operating Accounts Bank shall attempt to inform the relevant Obligor of the shortfall as soon as practicable. Until the Accounts Bank or, if applicable, the Operating Accounts Bank is able to contact such Obligor and receive instructions, the Accounts Bank or, if applicable, the Operating Accounts Bank shall be under no obligation to make any payment in accordance with a Payment Instruction. The Accounts Bank or, if applicable, the Operating Accounts Bank shall be under no obligation to inform any other Person (including, but not limited to, any Person that is to receive the payment) if there are insufficient cleared funds credited to any Account to make a payment in accordance with a Payment Instruction.
(d) Each instruction to:
(i) the Accounts Bank in respect of a payment to be made from an Account shall be substantially in the form of Schedule 24 or in such other form as the relevant Parties may agree, shall be executed by an Authorised Representative of the relevant Obligor and shall be copied at the same time, if sent by:
(A) an Obligor, to the Security Trustee and the Intercreditor Agent; or
(B) the Security Trustee, to the relevant Borrower, the Guarantor and the Intercreditor Agent; and
(ii) the Operating Accounts Bank in respect of a payment to be made from an Operating Account shall be in such form (and which may be given electronically) as the relevant Parties may agree provided that, if at any time the Accounts Bank and the Intercreditor Agent shall not have secured electronic access such that each such Agent may monitor all transactions that occur in respect of each Operating Account, including details of each payment into and each payment out of each Operating Account, such instruction shall be:
(A) substantially in the form of Schedule 24; and
(B...
Payments from Accounts. 5 Section 4.1 Withdrawals by Administrative Agent ................ 5 Section 4.2 Withdrawals from Construction Account .............. 6 Section 4.3 Withdrawals from the Revenue Account ............... 6 Section 4.4 Withdrawals from the Loss Proceeds Account .....
Payments from Accounts. 8 SECTION 4.1 Revenue Account -- Weekly Payments.......................... 8 SECTION 4.2 Revenue Account -- Monthly Payments......................... 8 SECTION 4.3 Revenue Account -- Quarterly Payments....................... 10 SECTION 4.4
Payments from Accounts. SECTION 4.01. Revenue Account--Monthly Transfers with Respect to Project Expenses.
(a) Except as provided in paragraph (b) below and subject to Sections 4.06 and 4.10 and to the extent cash is available, upon (i) the first Business Day of each calendar month (a "Transfer Date"; provided, that with respect to the month of December, if there is cash available on the December Transfer Date (as defined below) after making all required prior payments, to make payments pursuant to Section 4.02(g) as if the payments were made on the first Business Day of January, there shall be a second Transfer Date (the "December Transfer Date") on the last Business Day of December on account of all payments which would otherwise be required under Section 4.01 and 4.02 to be made on the first Business Day of January and in such case there shall be no Transfer Date in the month of January) or prior to the fifth Business Day after such Transfer Date and (ii) the delivery to the Security Agent by the Borrower of a certificate of a Responsible Officer of the General Partner for the Transfer Dates occurring on the first Business Day of the month, of April, July, October and January with respect to the four quarter period applicable to each such Transfer Date (and for the four quarter period ending on December 31 with respect to the December Transfer Date) to the effect that, for the four quarter period applicable to such Transfer Date, the Fixed Charge Coverage Ratio was equal to or greater than 1.2 to 1.0, the Security Agent shall transfer, from the cash available in the Revenue Account, to the General Partner on behalf of the Partnership the amount, certified in a certificate of a Responsible Officer of the General Partner and accompanied by an accounting of the cumulative draws hereunder for the current month (or for the December Transfer Date, for January), and year-to-date as compared to the Operating Budget on an absolute and percentage basis for both monthly and year-to-date totals and a certificate of such Responsible Officer to the effect that no Special Event (as defined in the Partnership Agreement) or Event of Default has occurred and is continuing, to be equal to the excess of (A) the sum of (1) the Partnership's actual, or, where actual is unavailable, reasonably estimated, Project Expenses payable for such month (other than in respect of expenses provided for in Section 4.07) and (2) so long as no Event of Default (as defined in the General Partner Term Loan Agreement...
Payments from Accounts. 26 SECTION 13.2. PREPARATION OF QUARTERLY DISTRIBUTION SCHEDULE...........................................26 SECTION 13.3. DISTRIBUTIONS ON PAYMENT DATES...........................................................26
Payments from Accounts. (a) EXPENSE ACCOUNT AND COLLECTION ACCOUNT.***
Payments from Accounts. Payments from the accounts are authorized as follows:
1. Payments to state agencies for electronic access to information.
2. Payment of ordinary, necessary and reasonable operating expenses for operation of the Network.
3. System development costs, including programming (to the extent not covered by regular salary under ordinary operating expenses) and one time purchases or upgrades of software or hardware.
4. Payment of dividends.
Payments from Accounts. Section 4.01. Revenue Account-Monthly Transfers............... 12 Section 4.02. Revenue Account-Monthly Payments................ 14 Section 4.03.
Payments from Accounts. SECTION 4.01. [INTENTIONALLY OMITTED]
Payments from Accounts. We shall be entitled (and are hereby authorised by you) to debit all payments due under the Revolving Inventory Loan Facility to any Current Account or any other account(s) of yours with us.
