Priority of Funding Sources Sample Clauses

Priority of Funding Sources. Unless otherwise directed in writing by the Issuer, the Collateral Agent shall first apply amounts on deposit in an Account or a Cash Collateral Account prior to drawing on any Acceptable Letter of Credit or the EMS Letter of Credit posted therefor. On any date on which a drawing under an Acceptable Letter of Credit or the EMS Letter of Credit posted for an Account may otherwise be made pursuant to clause (b), (c) or (d) of Section 5.2.2, the Collateral Agent shall, upon the written request of the Issuer, direct the Depositary Agent to first transfer Account Funds (if any) from the Distribution Account to such Account in an amount equal to the lesser of (i) the amount of such proposed drawing and (ii) the amount of Account Funds in the Distribution Account on such date.
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Priority of Funding Sources. Scheduled Debt Service shall be paid on each Scheduled Payment Date from the following sources to the extent sufficient funds are available from such sources: First , from Account Funds then on deposit in the Debt Payment Account (before giving effect to the transfers described in priorities Second through Eleventh below); Second , from amounts deposited in the Debt Payment Account by the Swap Counterparty pursuant to the Swap Agreement; Third , from amounts transferred to the Debt Payment Account from the Revenue Account on such Scheduled Payment Date pursuant to Section 4.1.2; Fourth , from amounts transferred to the Debt Payment Account from the Excess Cash Flow Account pursuant to Section 4.15.2; Fifth , from amounts transferred to the Debt Payment Account from the Debt Service Reserve Account pursuant to Section 4.3.2; 15 <PAGE> Sixth , from amounts transferred to the Debt Payment Account from the Acquisition Indemnity/Performance LD Reserve Account pursuant to Section 4.5.2; Seventh , from amounts transferred to the Debt Payment Account from the Major Maintenance Reserve Account pursuant to Section 4.10.2; Eighth , from any Cash Collateral Deposit received by the Collateral Agent pursuant to Section 12.3 of the Parent Agreement; Ninth , from the Equity Reimbursement Payments made to the Collateral Agent by NRG Energy on such Scheduled Payment Date pursuant to Section 2.1 of the Parent Agreement; Tenth , from amounts transferred to the Debt Payment Account from the EMS Letter of Credit Account pursuant to Section 4.16.2; Eleventh , from amounts transferred to the Debt Payment Account from the NRG Claim Settlement Account pursuant to Section 4.14.2; and Twelfth , (a) with respect to Scheduled Debt Service under the Indenture, from amounts drawn under the Policy, whether such amounts are paid directly to the Trustee or first deposited into the Debt Payment Account, and (b) with respect to Scheduled Debt Service under the Swap Agreement, from amounts drawn under the Swap Policy, whether such amounts are paid directly to the Swap Counterparty or first deposited into the Debt Payment Account.

Related to Priority of Funding Sources

  • Availability of Funding This Agreement and all claims, suits, or obligations arising under or related to this Agreement are subject to and limited by the receipt and availability of funds which are received from the Participating Entities by NCTCOG dedicated for the purposes of this Agreement.

  • Maturity of the Funding Agreement Upon the maturity of the Funding Agreement and the return of funds thereunder, the Trust hereby directs the Indenture Trustee to set aside from such funds an amount sufficient for the repayment of the outstanding principal on the Notes and Trust Beneficial Interest when due.

  • Duplication of Funding A. If Grantee receives any funding that is duplicative of funding received under this Grant Agreement/Contract that cannot be used for new or expanded eligible grant activities, Grantee will notify the assigned contract manager as soon as possible. System Agency may issue an amendment modifying budget and/or project activities to eliminate duplication. Additionally, Grantee understands that duplicative funding that cannot be re-programmed to support new or expanded grant-funded activities within the program’s scope may be de- obligated from this Grant Agreement/Contract and returned to System Agency.

  • Reduction of Funding State must, by law, terminate this Contract if funds are not appropriated or otherwise made available to support State’s continuation of performance of this Contract in a subsequent fiscal period. (§ 18-4-313(4), MCA). If state or federal government funds are not appropriated or otherwise made available through the state budgeting process to support continued performance of this Contract (whether at an initial contract payment level or any contract increases to that initial level) in subsequent fiscal periods, State shall terminate this Contract as required by law. State shall provide Contractor the date State’s termination shall take effect. State shall not be liable to Contractor for any payment that would have been payable had the Contract not been terminated under this provision. As stated above, State shall be liable to Contractor only for the payment, or prorated portion of that payment, owed to Contractor up to the date State’s termination takes effect. This is Contractor’s sole remedy. State shall not be liable to Contractor for any other payments or damages arising from termination under this section, including but not limited to general, special, or consequential damages such as lost profits or revenues.

  • Source of Funding DCF shall provide funding information needed for audit purposes, including the name of the program, the Federal agency where the program originated, the CFDA number, and the percentages of Federal, State, and local funds constituting this Contract.

  • Liability of the Transferor The Transferor shall be liable only to the extent of the obligations specifically undertaken by the Transferor under this Agreement and the representations made by the Transferor in this Agreement.

  • Liability of the Certificateholders No Certificateholder shall have any personal liability for any liability or obligation of the Trust, solely by reason of it being a Certificateholder.

  • Availability of Funds The County may terminate this Agreement or a portion of the services referenced in the Attachments and Exhibits based upon unavailability of Federal, State, or County funds, by providing written notice to Contractor as soon as is reasonably possible after the County learns of said unavailability of outside funding.

  • Presumption of Funding by the Lenders Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Borrowing that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available on such date in accordance with Section 2.05(a) and may, in reliance upon such assumption, make available to the Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Borrowing available to the Administrative Agent, then the applicable Lender and the Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to the Borrower to but excluding the date of payment to the Administrative Agent, at (i) in the case of such Lender, the greater of the Federal Funds Effective Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation or (ii) in the case of the Borrower, the interest rate applicable to ABR Loans. If such Lender pays such amount to the Administrative Agent, then such amount shall constitute such Lender’s Loan included in such Borrowing.

  • Limitation on Payment of Funding Despite section 4.1, the Funder: (a) will not provide any funds to the HSP until this Agreement is fully executed; (b) may pro-rate the funds identified in Schedule A to the date on which this Agreement is signed, if that date is after April 1; (c) will not provide any funds to the HSP until the HSP meets the insurance requirements described in section 10.4; (d) will not be required to continue to provide funds in the event the HSP breaches any of its obligations under this Agreement, until the breach is remedied to the Funder’s satisfaction; and (e) upon Notice to the HSP, may adjust the amount of funds it provides to the HSP in any Funding Year based upon the Funder’s assessment of the information contained in the Reports.

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