Common use of Supplemental Deliveries Clause in Contracts

Supplemental Deliveries. The Company agrees that it shall deliver or cause to be delivered to the Custodian (i) any and all additional Custodial Documents with respect to an Asset that is not Acquired Property within ten days following the execution and delivery of any such instrument and (ii) any and all Custodial Documents with respect to any Asset within ten days following receipt of any such instrument. All such deliveries of Custodial Documents pursuant to this Section 6.1(d) shall be accompanied by a certificate in the form of Exhibit G (a “Supplemental Delivery Certificate”), prepared by an Authorized Representative of the Company, itemizing the Custodial Documents being delivered to the Custodian in such delivery and identifying the Asset with respect to which each such Custodial Document relates. After the receipt thereof, the Custodian shall (A) examine the additional Custodial Documents provided with respect to an Asset in accordance with the review procedures set forth on Exhibit F (the “Review Procedures”) and, determine, with respect to each such document, whether it (i) appears regular on its face (i.e., is not mutilated, damaged, torn, defaced or otherwise physically altered), (ii) relates to such Asset, (iii) has been executed by the named parties thereon, (iv) where applicable, purports to be recorded, and (v) appears to be what it purports to be, and (B) ensure that all such Custodial Documents with respect to an Asset are placed in the file for the related Asset. In the event the Custodian determines that the Supplemental Delivery Certificate is inaccurate, the Custodian shall so notify the Company in writing no later than the first Business Day following its receipt of the Supplemental Delivery Certificate. Within seven Business Days after the receipt of the additional Custodial Documents by the Custodian, the Custodian shall provide the Company (with a copy to the Purchase Money Notes Guarantor, the NGPMN Agent and the Collateral Agent) and the Advance Lender with a Collateral Certificate, to the effect that the Custodian has received and reviewed the additional Collateral Documents, and include a revised Asset Schedule and Exception List.

Appears in 2 contracts

Samples: Custodial and Paying Agency Agreement, Custodial and Paying Agency Agreement

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Supplemental Deliveries. The Company agrees that it shall is to deliver or cause to be delivered to the Custodian (i) any and all additional Custodial Documents with respect (in addition to an Asset that is not Acquired Property those delivered pursuant to Section 6.1(a)) within ten days following the execution and delivery delivery, receipt or other generation by or on behalf of the Company or any Ownership Entity of any such instrument and Custodial Document at any time after the Closing Date or (ii) any and all Custodial Documents with respect to any Asset within ten days following receipt of any Custodial Document that was not initially provided pursuant to Section 6.1(a) because it had not then been located or otherwise was not available) such instrumentCustodial Document otherwise first having been located or becoming available. All such deliveries of Custodial Documents pursuant to this Section 6.1(d) shall are to be accompanied by a certificate in the form of Exhibit G (a “Supplemental Delivery Certificate”), prepared by an Authorized Representative of the Company, itemizing the Custodial Documents being delivered to the Custodian in such delivery and identifying the Asset with respect to which each such Custodial Document relates. After the receipt thereofof any additional Custodial Documents, the Custodian shall is to (Ai) examine the such additional Custodial Documents provided with respect to an Asset in accordance with the review procedures set forth on Exhibit F (the “Review Procedures”) and, and determine, with respect to each such document, whether (A) it meets the Review Criteria and (B) it (i1) appears regular on its face (i.e., is not mutilated, damaged, torn, defaced or otherwise physically altered), (ii2) relates to such Asset, (iii3) has been executed by the named parties thereon, (iv4) where applicable, purports to be recorded, and (v5) appears to be what it purports to be, and (Bii) ensure that all such Custodial Documents with respect to an Asset are placed in the file for the related Asset. In the event the Custodian determines that the Supplemental Delivery Certificate is inaccurate, the Custodian shall is to so notify the Company in writing no later than the first Business Day following its receipt of the Supplemental Delivery Certificate. Within seven Business Days after the receipt of the additional Custodial Documents by the Custodian, the Custodian shall is to provide the Company (with a copy to the Purchase Money Notes Guarantor, the NGPMN Agent and the new Collateral Agent) and the Advance Lender with Certificate (including a Collateral Certificate, to the effect that the Custodian has received and reviewed the additional Collateral Documents, and include a revised new Asset Schedule and Exception List); provided, however, that, if the Custodian has not yet delivered the first Collateral Certificate pursuant to Section 6.1(b), the Custodian instead will reflect such Custodial Document in such initial Collateral Certificate when delivered.

Appears in 1 contract

Samples: Custodial and Paying Agency Agreement

Supplemental Deliveries. The Company agrees that it shall deliver or cause to be delivered to the Custodian (i) any and all additional Custodial Documents with respect (in addition to an Asset that is not Acquired Property those delivered pursuant to Section 6.l(a)) within ten days following the execution and delivery delivery, receipt or other generation by or on behalf of the Company or any Ownership Entity of any such instrument and Custodial Document at any time after the Closing Date or (ii) any and all Custodial Documents with respect to any Asset within ten days following receipt of any Custodial Document that was not initially provided pursuant to Section 6.l(a) because it had not then been located or otherwise was not available) such instrumentCustodial Document otherwise first having been located or becoming available. All such deliveries of Custodial Documents pursuant to this Section 6.1(d) shall be accompanied by a certificate in the form of Exhibit G hereto (a "Supplemental Delivery Certificate"), prepared by an Authorized Representative of the Company, itemizing the Custodial Documents being delivered to the Custodian in such delivery and identifying the Asset with respect to which each such Custodial Document relates. After the receipt thereof, the Custodian shall (A) examine the additional Custodial Documents provided with respect to an Asset in accordance with the review procedures set forth on Exhibit F (the “Review Procedures”) and, and determine, with respect to each such document, whether (I) it meets the Review Criteria and (II) it (i) appears regular on its face (i.e., is not mutilated, damaged, tornxxx, defaced or otherwise physically altered), (ii) relates to such Asset, (iii) has been executed by the named parties thereon, (iv) where applicable, purports to be recorded, and (v) appears to be what it purports to be, and (B) ensure that all such Custodial Documents with respect to an Asset are placed in the file for the related Asset. In the event the Custodian determines that the Supplemental Delivery Certificate is inaccurate, the Custodian shall so notify notifY the Company in writing no later than the first Business Day following its receipt of the Supplemental Delivery Certificate. Within seven Business Days after the receipt of the additional Custodial Documents by the Custodian, the Custodian shall provide the Company (with a copy to the Purchase Money Notes Guarantor, the NGPMN Agent and the new Collateral Agent) and the Advance Lender with Certificate (including a Collateral Certificate, to the effect that the Custodian has received and reviewed the additional Collateral Documents, and include a revised new Asset Schedule and Exception List.), provided that, if the Custodian has not yet delivered the first Collateral Certificate pursuant to Section

Appears in 1 contract

Samples: Custodial and Paying Agency Agreement

Supplemental Deliveries. The Company agrees that it shall is to deliver or cause to be delivered to the Custodian (i) any and all additional Custodial Documents with respect (in addition to an Asset that is not Acquired Property those delivered pursuant to Section 6.1(a)) within ten days following the execution and delivery delivery, receipt or other generation by or on behalf of the Company or any Ownership Entity of any such instrument and Custodial Document at any time after the Closing Date or (ii) any and all Custodial Documents with respect to any Asset within ten days following receipt of any Custodial Document that was not initially provided pursuant to Section 6.1(a) because it had not then been located or otherwise was not available) such instrumentCustodial Document otherwise first having been located or becoming available. All such deliveries of Custodial Documents pursuant to this Section 6.1(d) shall are to be accompanied by a certificate in the form of Exhibit G (a “Supplemental Delivery Certificate”), prepared by an Authorized Representative of the Company, itemizing the Custodial Documents being delivered to the Custodian in such delivery and identifying the Asset with respect to which each such Custodial Document relates. After the receipt thereofof any additional Custodial Documents, the Custodian shall is to (Ai) examine the such additional Custodial Documents provided with respect to an Asset in accordance with the review procedures set forth on Exhibit F (the “Review Procedures”) and, and determine, with respect to each such document, whether (A) it meets the Review Criteria and (B) it (i1) appears regular on its face (i.e., is not mutilated, damaged, torn, defaced or otherwise physically altered), (ii2) relates to such Asset, (iii3) has been executed by the named parties thereon, (iv4) where applicable, purports to be recorded, and (v5) appears to be what it purports to be, and (Bii) ensure that all such Custodial Documents with respect to an Asset are placed in the file for the related Asset. In the event the Custodian determines that the Supplemental Delivery Certificate is inaccurate, the Custodian shall is to so notify the Company in writing no later than the first Business Day following its receipt of the Supplemental Delivery Certificate. Within seven Business Days after the receipt of the additional Custodial Documents by the Custodian, the Custodian shall is to provide the Company (with a copy to the each Purchase Money Notes Guarantor, the NGPMN Agent Note Guarantor and the Collateral PMN Agent) and the Advance Lender with a new Collateral Certificate, to the effect that the Custodian has received and reviewed the additional Collateral Documents, and include Certificate (including a revised new Asset Schedule and Exception List); provided, however, that, if the Custodian has not yet delivered the first Collateral Certificate pursuant to Section 6.1(b), the Custodian instead will reflect such Custodial Document in such initial Collateral Certificate when delivered.

Appears in 1 contract

Samples: Custodial and Paying Agency Agreement

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Supplemental Deliveries. The Company agrees that it shall deliver or cause to be delivered to the Custodian (i) any and all additional Custodial Documents with respect (in addition to an Asset that is not Acquired Property those delivered pursuant to Section 6.1 (a)) within ten days following the execution and delivery by or on behalf of any Grantor of, receipt by or on behalf of any Grantor of, or other generation by or on behalf of any Grantor of, any such instrument and Custodial Document at any time after the Closing Date or (ii) any and all Custodial Documents with respect to any Asset within ten days following receipt of any Custudial Document that was not initially provided pursuant to Section hl.(Q} because it had not then been located or othenvisc was not available) such instrumentCustodial 'A EXECUTION VFRSION Document otherwise first having been located or becoming available. All such deliveries of Custodial Documents pursuant to this Section 6.1(d6.1 (d) shall be accompanied by a certificate in the form fom1 of Exhibit G hereto (a "Supplemental Delivery Certificate"), prepared by an Authorized Representative of the Company, itemizing the Custodial Documents being delivered to the Custodian in such delivery and identifying the Asset with respect to which each such Custodial Document relates. After the receipt thereof, the Custodian shall (A) examine the additional Custodial Documents provided with respect to an Asset in accordance with the review procedures set forth on Exhibit F (the “Review Procedures”) and, and determine, with respect to each such document, whether (1) it meets the Review Criteria and (II) it (i) appears regular on its face (i.e., is not mutilated, damaged, torn, defaced or otherwise otherwi::>e physically altered), (ii) relates to such Asset, (iii) has been executed by the named parties thereon, (iv) where applicable, purports to be recorded, and (v) appears to be what it purports to be, and (B) ensure that all such Custodial Documents with respect to an Asset are placed in the file for the related Asset. In the event the Custodian determines that the Supplemental Delivery Certificate Ccrtiftcate is inaccurate, the Custodian shall so notify the Company in writing no later than the first Business Day following its receipt of the Supplemental Delivery Certificate. Within seven Business Days after the receipt of the additional Custodial Documents by the Custodian, the Custodian shall provide the Company (with ( V..'ith a copy to the each Purchase Money Notes Guarantor, the NGPMN Agent Note Guarantor and the Collateral P:tvfN Agent) and the Advance Lender with a new Collateral Certificate, to the effect that the Custodian has received and reviewed the additional Collateral Documents, and include Certificate (including a revised new Asset Schedule and Exception List), provided that, if the Custodian has not yet delivered the first Collateral Certificate pursuant to Section 6.1 (b), the Custodian instead will reflect such Custodial Document in such initial Collateral Certificate when delivered.

Appears in 1 contract

Samples: Custodial and Paying Agency Agreement

Supplemental Deliveries. The Company agrees that it Debtors shall deliver or cause to be delivered to the Custodian (i) any and all additional Custodial Documents other than with respect to an Asset that is not any Acquired Property within ten thirty (30) days following the execution and delivery of any such instrument and (ii) any and all Custodial Documents with respect to any Asset Acquired Property within ten thirty (30) days following receipt of any such instrument. All such deliveries of Custodial Documents pursuant to this Section 6.1(d) shall be accompanied by a certificate in the form of Exhibit G (a “Supplemental Delivery Certificate”), prepared by an Authorized Representative of the Company, itemizing the Custodial Documents being delivered to the Custodian in such delivery and identifying the Asset with respect Loan or Acquired Property to which each such Custodial Document relates. After the receipt thereof, the Custodian shall (A) examine the additional Custodial Documents provided with respect to an Asset a Loan or Acquired Property in accordance with the review procedures set forth on Exhibit F (the “Review Procedures”) and, Procedures and determine, with respect to each such document, whether it (i) appears regular on its face (i.e., is not mutilated, damaged, torn, defaced or otherwise physically altered), (ii) relates to such AssetLoan or Acquired Property, (iii) has been executed by the named parties thereon, (iv) where applicable, purports to be recorded, recorded and (v) appears to be what it purports to be, be and (B) ensure that all such Custodial Documents with respect to an Asset a Loan or Acquired Property are placed in the file for the related AssetLoan. In the event the Custodian determines that the Supplemental Delivery Certificate is inaccurate, the Custodian shall so notify the Company in writing no later than the first three (3) Business Day Days following its receipt of the Supplemental Delivery Certificate. Within seven fifteen (15) Business Days after the receipt end of the additional Custodial Documents by the Custodianeach calendar month, the Custodian shall provide the Company (with a copy to the Purchase Money Notes Guarantor, the NGPMN Collateral Agent and the Collateral AgentNotes Designee) and the Advance Lender with a Collateral Certificate, to the effect that the Custodian has received and reviewed the additional Underlying Collateral DocumentsDocuments received by the Custodian during such calendar month, and include a revised Asset Loan Schedule and Exception List.

Appears in 1 contract

Samples: Custodial and Paying Agency Agreement (First Citizens Bancshares Inc /De/)

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