Sinking Fund Account Clause Samples

Sinking Fund Account. 47 3.9 Other Provisions Relating to Loan Notes.....................48 ARTICLE IV LETTERS OF CREDIT

Sinking Fund Account. Upon the receipt by any Restricted Subsidiary of an FXCM Group Distribution, Holdings will deposit (and such Restricted Subsidiary shall transfer such FXCM Group Distribution to Holdings to enable Holdings to deposit) into the Sinking Fund Account an amount equal to the excess of (i) the amount of all cash and Cash Equivalents of the Company and its Restricted Subsidiaries, after giving effect to the receipt of such FXCM Group Distribution (excluding amounts on deposit in the Sinking Fund Account) over (ii) the Minimum Cash Reserve Amount. Funds on deposit in the Sinking Fund Account may be used solely (x) to repurchase Holdings Notes in connection with the repurchase of Notes by the Company pursuant to Section 4.14 and Section 4.17 or, if Holdings is the Offeror under Section 4.17, to purchase Notes pursuant to Section 4.17 and (y) to pay interest on the Holdings Notes to the extent Holdings and its Restricted Subsidiaries do not have cash on hand in excess of the Minimum Cash Reserve Amount less the amount of Cash Interest due on the Notes on the next Interest Payment Date (without giving effect to any election to pay PIK Interest on such date) that is sufficient to pay in full in cash all of the interest due on the applicable Interest Payment Date.

Sinking Fund Account. Moneys To Be Held for All Owners of Bonds, with Certain Exceptions .................................... 35 6.07

Sinking Fund Account. (A) The principal or sinking fund payments on the Note shall be deposited in the Sinking Fund Account within the Debt Service Fund and will be applied to the repayment of the principal of the Bonds and paid to the Holder upon the earlier to occur of (1) the Reset Date (as defined in the Bonds) if the Bonds will no longer be held by the Bank after such date, and 100% of the Bonds then outstanding are not remarketed to another Holder, (2) an Event of Default and acceleration of the Borrower’s obligations under this Bond Agreement or (3) the Maturity Date (as defined in the Bonds); and

Sinking Fund Account. (a) All amounts required to be deposited by the Borrowers as cash collateral pursuant to SECTION 2.10(b)(xiii) of the Credit Agreement or any similar provision of any Finance Document shall be deposited (the aggregate amounts deposited by virtue of this sentence being the "AGGREGATE DEPOSITS") in a Securities Account (the "SINKING FUND ACCOUNT") established and maintained by the Parent Borrower at the offices of such bank or other financial institution as the Parent Borrower and the U.S. Collateral Agent may agree, over which the U.S. Collateral Agent shall have a fully perfected first priority security interest, including the exclusive right of withdrawal for application in accordance with this SECTION 2.07. Upon the establishment of such account, the U.S. Credit Party so required to make such deposit shall notify the U.S. Collateral Agent of the location, account name and account number of such account and shall deliver to the U.S. Collateral Agent an Account Control Agreement with respect to such Sinking Fund Account duly executed by the Parent Borrower and the Securities Intermediary maintaining such Sinking Fund Account. All right, title and interest in and to the cash amounts on deposit from time to time in the Sinking Account, together with any Liquid Investments from time to time deposited in or credited to the Sinking Account, shall constitute part of the Collateral hereunder and shall not constitute payment of the Finance Obligations until applied thereto as hereinafter provided. (b) The Aggregate Deposits can be withdrawn by the Parent Borrower on the occurrence of the first of : (i) the Parent Borrower having fulfilled all of its obligations described in

Sinking Fund Account. (a) The Borrower shall establish and maintain an interest-bearing deposit account with the Bank into which the Borrower shall deposit with the Bank all the sums required to be deposited pursuant to Section 2.02 (a)(i) through (iii) (the "Sinking Fund Account"). (b) The Sinking Fund Account established pursuant to this Section 2.05 shall be under the sole control of the Bank, and the Borrower shall have no right to withdraw any funds in such deposit account or to use any funds in such deposit account except in payment of the liabilities and obligations owing by the Borrower to the Bank under this Agreement or the other Reimbursement Documents (including the obligation of the Borrower to reimburse the Bank for amounts drawn under the Letter of Credit). As additional security for the payment, performance, and discharge of all liabilities and obligations of the Borrower under this Agreement or the other Reimbursement Documents, Borrower assigns to the Bank, and grants to the Bank a first priority security interest in and lien upon and right of set-off against, the deposit account established pursuant to this Section 2.05 and, at any time and from time to time at the request of the Bank, the Borrower shall execute and deliver any assignments, documents, and instruments reasonably requested by the Bank to further evidence or perfect such assignment and such security interest, lien and right of set-off.

Sinking Fund Account. If on any Reduction Date the aggregate credit outstanding under all Letters exceeds the amount of the Credit Facility at such time (assuming the reduction of the Credit Facility by the applicable Scheduled Reduction 76 - ▇▇ - ▇▇▇▇▇▇), ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ on such Reduction Date deposit in pledge in the Sinking Fund Account an amount equal to such excess. If on the date of any mandatory prepayment of outstanding credit under the Credit Facility pursuant to Section 9.04, the aggregate amount of credit outstanding under all Letters exceeds the amount of the Credit Facility at such time (assuming the reduction of the Credit Facility by the amount of such mandatory prepayment), Kinross Canada may on the required date of such mandatory prepayment deposit in pledge in the Sinking Fund Account an amount equal to such excess.

Sinking Fund Account. (a) Each time a Policy with respect to which a Debtor NIRAN Collateral Specified Interest has been credited to the NIRAN Collateral Securities Account matures and maturity proceeds have been deposited into the NIRAN Collateral Deposit Account, the Issuer shall direct the Depository to invest and disburse such maturity proceeds as set forth in the Accounts Agreement and the Security Agreement, including making transfers into the NIRAN Sinking Fund Account of cash in an amount equal to the Applicable Percentage of such maturity proceeds, or such lesser amount as may be determined in accordance with the Security Agreement, until such time as the aggregate amount deposited into the NIRAN Sinking Fund Account pursuant to this Section 11.05(a) during an Annual Period shall equal the Annual Sinking Fund Addition for such Annual Period. (b) If there is an Annual Sinking Fund Shortfall as of the first day of any Annual Period, then, in addition to any transfers to the NIRAN Sinking Fund Account pursuant to Section 11.05(a), each time a Policy with respect to which a Debtor NIRAN Collateral Specified Interest has been credited to the NIRAN Collateral Securities Account matures and maturity proceeds have been deposited into the NIRAN Collateral Deposit Account, the Issuer shall direct the Depository to invest and disburse all such maturity proceeds remaining after any transfer to the NIRAN Sinking Fund Account pursuant to Section 11.05(a), until such time as the aggregate amounts deposited into the Sinking Fund Account pursuant to this Section 11.05(b) shall equal the Annual Sinking Fund Shortfall as of such first day.

Sinking Fund Account. The Borrower shall not sell, transfer or assign any interest in the Sinking Fund Account, and shall comply with all of the terms of the account imposed by the financial institution holding such account.