RELEASE OF EXCESS AMOUNTS. If, as of any Principal Payment Date, (a)(i) an amount is on deposit in the Debt Reserve Account, the Maintenance Reserve Account, Capacity Upgrades Reserve Account in excess of the Debt Reserve Required Balance, Capacity Upgrades Reserve Required Balance or the Maintenance Reserve Required Balance, as applicable, or (ii) an amount is on deposit in the Operating Reserve Account in excess of the Operating Reserve Maximum Balance, whether as the result of the actual realization of income or gain on the amounts on deposit in such Account or otherwise and (b) no Event of Default or Designated Event has occurred and is continuing, then the Administrative Agent shall, upon the instruction of the Company, distribute any such excess amounts to the Revenue Account. 146
RELEASE OF EXCESS AMOUNTS. If, as of any Principal Payment ------------------------- Date, (a) an amount is on deposit in the Debt Reserve Account, the Holdings Interest Reserve Account or the Operating Reserve Account in excess of the Required Balance for such Account, as the result of the actual realization of income or gain on the amounts on deposit in such Account and (b) no Event of Default or Designated Event has occurred and is continuing, then the Administrative Agent shall distribute any such excess amounts to the Revenue Account. After the payment of all Capital Costs, amounts remaining on deposit in the Construction Account, the Construction Contingency Reserve Account, the VAT Refund Account and the Clean-Up Account shall be applied first, to fund the ----- Reserve Accounts to bring the amounts on deposit therein up to the Required Balances (in the order of priority set forth in Section 8.08(d)) and second, to --------------- ------ the prepayment of the Loans in accordance with Section 2.11(e). ---------------
RELEASE OF EXCESS AMOUNTS. If, as of any Principal Payment Date, (i)(1) an amount is on deposit in the Debt Reserve Account or Capacity Upgrades Reserve Account in excess of the Debt Reserve Required Balance or Capacity Upgrades Reserve Required Balance, as applicable, or (2) an amount is on deposit in the Operating Reserve Account in excess of the Operating Reserve Minimum Balance, whether 133 as the result of the actual realization of income or gain on the amounts on deposit in such Account or otherwise and (ii) no Event of Default or Designated Event has occurred and is continuing, then the Administrative Agent shall, upon the instruction of the Company, distribute any such excess amounts to the Revenue Account.
RELEASE OF EXCESS AMOUNTS. If, as of any Basic Rent Payment Date, (i) an amount is on deposit in the Rent Reserve Account or the Operation and Maintenance Reserve Account in excess of the Required Rent Reserve Balance or the Required Operation and Maintenance Reserve Balance, as the case may be, as the result of the actual realization of income or gain on the amounts on deposit in such Account, (ii) no Lease Default or Lease Event of Default has occurred and is continuing and (iii ) the Security Agent shall have received a certificate signed by an Authorized Officer of the Partnership and countersigned by GE Capital, substantially in the form of Exhibit E, certifying as to such matters, then the Security Agent shall distribute any such excess amounts to the Revenue Account.
RELEASE OF EXCESS AMOUNTS. If, as of any Basic Rent Payment Date, (i) an amount is on deposit in the Rent Reserve Account or the Operation and Maintenance Reserve Account in excess of the Required Rent Reserve Balance or the Required Operation and Maintenance Reserve Balance, as the case may be, as the result of the actual realization of income or gain on the amounts on deposit in such Account, (ii) no Lease Default or Lease Event of Default has occurred and is continuing and (iii) the Security Agent shall have received a certificate signed by an Authorized Officer of the Partnership and countersigned by the Administrative Agent and the Owner Participant, substantially in the form of Exhibit E, certifying as to such matters, then the Security Agent shall distribute any such excess amounts to the Revenue Account.
RELEASE OF EXCESS AMOUNTS. (a) Section 4.7 is hereby amended by deleting clause (i) of such section in its entirety and replacing it with the following:
(i) an amount on deposit in the Rent Reserve Account or the Operation and Maintenance Reserve Account (including any amount available for drawing under an Operation and Maintenance Reserve L/C ) is in excess of the then Required Rent Reserve Balance or the then Required Operation and Maintenance Reserve Balance, as the case may be, as the result of the actual realization of income or gain on the amounts on deposit in such Account, a reduction in the Capacity Sales Reserve Amount or the Energy Sales Reserve Amount, or the delivery of an Operation and Maintenance Reserve L/C,
(b) Exhibit E to the Amended and Restated Security Deposit Agreement is hereby amended by deleting subparagraph (b) to the first paragraph of such Exhibit E in its entirety and replacing it with the following:
RELEASE OF EXCESS AMOUNTS. If, as of any Principal Payment Date, (a)(i) an amount is on deposit in the Debt Reserve Account or the Maintenance Reserve Account in excess of the Debt Reserve Required Balance or the Maintenance Reserve Required Balance, as applicable, or (ii) an amount is on deposit in the Supplemental Debt Reserve Account, the Operating Reserve Account or the Repair and Restoration Reserve Account in excess of the Supplemental Debt Reserve Maximum Balance, the Operating Reserve Maximum Balance or the R&R Reserve Maximum Balance, as applicable, in each case whether as the result of the actual realization of income or gain on the amounts on deposit in such Account or otherwise and (b) no Event of Default or Designated Event has occurred and is continuing, then the Collateral Trustee shall, upon the instruction of the Borrower, distribute any such excess amounts to the Revenue Account.
