Payments into Control Accounts. 13.3.1 The Borrower shall ensure that:
(a) all payments it receives pursuant to any Existing Intra-Group Loan Agreement to which it is a party;
(b) any Facility B Loan; and
(c) all other payments it receives from any source, are promptly paid directly into a Control Account.
13.3.2 Each of Xxxxxx, Nicolsco, Twinhope and Winhope Finance shall ensure that:
(a) all payments it receives pursuant to any Existing Intra-Group Loan Agreement to which it is a party;
(b) all amounts it receives as a borrower under any Existing Intra-Group Loan Agreement to which it is a party;
(c) any other payments it receives from any source, are promptly paid directly into a Control Account.
13.3.3 Marisana shall ensure that:
(a) all amounts it receives as a borrower under any Existing Intra-Group Loan Agreement ;
(b) all its Rental Income (including any VAT thereon);
(c) any proceeds of an Insurance Policy it receives;
(d) any proceeds of a claim against any professional or other adviser it receives;
(e) all Service Charge Proceeds; and
(f) any other payments it receives from any source, are promptly paid directly into its Russian Control Account held with the Russian Account Bank.
13.3.4 Provided that no Default is continuing, following the receipt of funds into its Russian Control Account held with the Russian Account Bank pursuant to Clause 13.3.3 above, Marisana may transfer any such funds to any Russian Control Account held with an Alternative Russian Account Bank provided that an Account Amendment Agreement in respect of such Russian Control Account has been duly executed by all parties (including the Lender) which Account Amendment Agreement shall be promptly executed by all parties thereto (including the Lender) once in a form agreed to by all parties thereto (including the Lender).
13.3.5 Notwithstanding Clause 13.3.3(b) above, if Marisana has notified the tenants under the Occupational Leases in writing that all payments are to be made into the Russian Control Account held with the Russian Account Bank and any such tenant makes their payments into another Control Account, Marisana shall:
(a) promptly, but in any event within 3 Business Days, transfer such amounts into the Russian Control Account held with the Russian Account Bank; and
(b) promptly use its best efforts to ensure that such tenant makes all subsequent payments into the Russian Control Account held with the Russian Account Bank.
Payments into Control Accounts. (i) Company shall, and shall cause each of its Domestic Subsidiaries to, as soon as practicable and in any event on and after December 13, 2001 deliver such notices to its customers and take all such other actions as may reasonably be necessary to cause all payments in respect of such Person’s Accounts Receivable to be made directly to a Control Account.
(ii) In the event that Company or any of its Domestic Subsidiaries receives any check, cash, note or other instrument representing payment of an Account Receivable, Company shall, or shall cause such Subsidiary to, hold such item in trust for Collateral Agent and shall, as soon as practicable (and in any event within one Business Day) after receipt thereof, cause such item to be deposited into a Control Account with any necessary endorsements.
Payments into Control Accounts. (a) The Borrower will ensure that:
(i) all Rental Income; and
(ii) if any tenant of any part of the Property sends a cheque (or otherwise makes one payment) to the Borrower which includes a sum in respect of Rental Income, that cheque or payment; and
(iii) the proceeds of any claim made under the Managing Agreement and/or any other Transaction Document; and
(iv) all amounts payable to it (not otherwise paid directly to the Agent) under or in relation to any Hedging Arrangement entered into pursuant to Clause 24 (Hedging arrangements),
(b) The Borrower will ensure that all proceeds of any claim under any Insurance Policy (other than loss of rent, third party liability (including third party D&O insurances) and public liability insurances) are paid directly into the Insurance Proceeds Account.
(c) The Borrower will ensure that before each first Utilisation under a Construction Facility the funds standing to the credit of the Cash Equity Account shall be equal to the difference between the relevant Construction Facility Amount (or the Initial Construction Facility Amount, as the case may be) and that portion of the Overall Budgeted Development Costs which is necessary to achieve Practical Completion of that part of the Development pertaining to the relevant Eligible Lease for which such Construction Facility is granted.
