RELEASE OF EXCESS AMOUNTS Sample Clauses

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
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RELEASE OF EXCESS AMOUNTS. If, as of any Principal Payment ------------------------- Date, (a) an amount is on deposit in the Debt Reserve Account, the Parent 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 transfer 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 and the Clean-Up Account shall be applied first, to fund the Debt Reserve Account, the ----- Parent Interest Reserve Account and the Operating Reserve Account 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). ---------------
Sample 1
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.
Sample 1
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.
Sample 1
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:
Sample 1
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.
Sample 1
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.
Sample 1
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Related to RELEASE OF EXCESS AMOUNTS

  • Distribution of Excess Contributions If the Advisory Committee determines the Plan fails to satisfy the ADP test for a Plan Year, it must distribute the excess contributions, as adjusted for allocable income, during the next Plan Year. However, the Employer will incur an excise tax equal to 10% of the amount of excess contributions for a Plan Year not distributed to the appropriate Highly Compensated Employees during the first 2 1/2 months of that next Plan Year. The excess contributions are the amount of deferral contributions made by the Highly Compensated Employees which causes the Plan to fail to satisfy the ADP test. The Advisory Committee will distribute to each Highly Compensated Employee his respective share of the excess contributions. The Advisory Committee will determine the respective shares of excess contributions by starting with the Highly Compensated Employee(s) who has the greatest ADP, reducing his ADP (but not below the next highest ADP), then, if necessary, reducing the ADP of the Highly Compensated Employee(s) at the next highest ADP level (including the ADP of the Highly Compensated Employee(s) whose ADP the Advisory Committee already has reduced), and continuing in this manner until the average ADP for the Highly Compensated Group satisfies the ADP test. If the Highly Compensated Employee is part of an aggregated family group, the Advisory Committee, in accordance with the applicable Treasury regulations, will determine each aggregated family member's allocable share of the excess contributions assigned to the family unit.

  • DISTRIBUTION OF EXCESS AGGREGATE CONTRIBUTIONS The Advisory Committee will determine excess aggregate contributions after determining excess deferrals under Section 14.07 and excess contributions under Section 14.08. If the Advisory Committee determines the Plan fails to satisfy the ACP test for a Plan Year, it must distribute the excess aggregate contributions, as adjusted for allocable income, during the next Plan Year. However, the Employer will incur an excise tax equal to 10% of the amount of excess aggregate contributions for a Plan Year not distributed to the appropriate Highly Compensated Employees during the first 2 1/2 months of that next Plan Year. The excess aggregate contributions are the amount of aggregate contributions allocated on behalf of the Highly Compensated Employees which causes the Plan to fail to satisfy the ACP test. The Advisory Committee will distribute to each Highly Compensated Employee his respective share of the excess aggregate contributions. The Advisory Committee will determine the respective shares of excess aggregate contributions by starting with the Highly Compensated Employee(s) who has the greatest contribution percentage, reducing his contribution percentage (but not below the next highest contribution percentage), then, if necessary, reducing the contribution percentage of the Highly Compensated Employee(s) at the next highest contribution percentage level (including the contribution percentage of the Highly Compensated Employee(s) whose contribution percentage the Advisory Committee already has reduced), and continuing in this manner until the ACP for the Highly Compensated Group satisfies the ACP test. If the Highly Compensated Employee is part of an aggregated family group, the Advisory Committee, in accordance with the applicable Treasury regulations, will determine each aggregated family member's allocable share of the excess aggregate contributions assigned to the family unit.

  • Excess Amounts On any Payment Date, to the extent the sum of the amount on deposit in the Reserve Account plus the amount available under any Letter of Credit exceeds the Required Reserve Amount on any Payment Date, the amount of such excess may be released from the Reserve Account and paid to the Class R Interest on such Payment Date.

  • Allocation of Excess Nonrecourse Liabilities For purposes of determining a Holder’s proportional share of the “excess nonrecourse liabilities” of the Partnership within the meaning of Regulations Section 1.752-3(a)(3), each Holder’s respective interest in Partnership profits shall be equal to such Holder’s Percentage Interest with respect to Partnership Common Units, except as otherwise determined by the General Partner.

  • Payments from Available Funds Only All payments to be made by the Borrower under this Agreement shall be made only from the amounts that constitute Scheduled Payments, Special Payments and other payments under the Operative Agreements, including payment under Section 4.02 of the Participation Agreements and payments under Section 2.14 of the Indentures, and only to the extent that the Borrower shall have sufficient income or proceeds therefrom to enable the Borrower to make payments in accordance with the terms hereof after giving effect to the priority of payments provisions set forth in the Intercreditor Agreement. The Liquidity Provider agrees that it will look solely to such amounts to the extent available for distribution to it as provided in the Intercreditor Agreement and this Agreement and that the Borrower, in its individual capacity, is not personally liable to it for any amounts payable or liability under this Agreement except as expressly provided in this Agreement, the Intercreditor Agreement or any Participation Agreement. Amounts on deposit in the Class A Cash Collateral Account shall be available to the Borrower to make payments under this Agreement only to the extent and for the purposes expressly contemplated in Section 3.05(f) of the Intercreditor Agreement.

  • Release of Amounts So long as no Event of Default under the Credit Agreement shall have occurred and be continuing, the Administrative Agent will pay and release to the Borrower or at its order or, at the request of the Borrower, to the Administrative Agent to be applied to the Obligations of the Borrower under the Loan Documents such amount, if any, as is then on deposit in the L/C Cash Collateral Account.

  • Excess Amount The excess of the Participant's annual additions for the limitation year over the maximum permissible amount.

  • Allocation of Applied Realized Loss Amounts Any Applied Realized Loss Amounts shall be allocated by the Trustee to the most junior Class of Subordinated Certificates then Outstanding in reduction of the Class Certificate Balance thereof.

  • Permitted Withdrawals From the Loan Combination Custodial Account (a) The Master Servicer may make withdrawals from the Loan Combination Custodial Account for each Serviced Loan Combination only as described below (the order set forth below not constituting an order of priority for such withdrawals), subject to the application of Penalty Charges and Modification Fees in accordance with the related Co-Lender Agreement and Section 3.14 of this Agreement:

  • Investment of Amounts in Special Payments Account Any amounts on deposit in the Special Payments Account prior to the distribution thereof pursuant to Section 2.4(b) or (c) shall be invested in accordance with Section 2.2(b). Investment Earnings on such investments shall be distributed in accordance with Section 2.4(b) or (c), as the case may be.

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