Transfers from the Distribution Suspense Account. So long as (1) no Default or Event of Default has occurred and is continuing, or would result therefrom (as certified by an Authorized Representative of Borrower at least five (5) days prior to the proposed date of such Restricted Payment) and (2) such Restricted Payment occurs on the earlier of (a) the date that is thirteen (13) Business Days after each Quarterly Date and (b) the date that the ECF Prepayment Offer for the applicable quarter has been accepted or rejected in accordance with Section 2.06(c), and in any event, not more than forty-five (45) days after any Quarterly Date, then Borrower shall be permitted to cause amounts then on deposit in the Distribution Suspense Account to be transferred in the amounts, and to the recipients, specified by Borrower (and the Administrative Agent shall countersign any withdrawal certificates required under any Control Agreements to allow such transfers).
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Samples: Credit Agreement (Global Clean Energy Holdings, Inc.)
Transfers from the Distribution Suspense Account. So long as (1) no Default or Event of Default has occurred and is continuing, continuing as of any Quarterly Date or 70 Bakersfield Refinery - HoldCo Credit Agreement would result therefrom from the Restricted Payment contemplated by this Section 5.29(c) (as certified by an Authorized Representative a Qualified Officer of Borrower at least five (5) days prior to the proposed date of such Restricted Payment) and (2) such Restricted Payment occurs on the earlier of (a) the date that is thirteen (13) Business Days or after each Quarterly Date and (b) or, if sooner, after the date that the ECF Prepayment Offer for the applicable quarter has been accepted or rejected in accordance with Section 2.06(c)), and in any event, not more than forty-five (45) days after any Quarterly Date, then Borrower shall be permitted to cause amounts then on deposit in the Distribution Suspense Account to be transferred in the amounts, and to the recipients, specified by Borrower (and the Administrative Agent shall countersign any withdrawal certificates required under any Control Agreements to allow such transfers).
Appears in 1 contract
Samples: Credit Agreement (Global Clean Energy Holdings, Inc.)
Transfers from the Distribution Suspense Account. So long as (1) no Default or Event of Default has occurred and is continuing, continuing as of any Quarterly Date or would result therefrom from the Restricted Payment contemplated by this Section 5.295.15(c) (as certified by an Authorized Representative a Qualified Officer of Borrower at least five (5) days prior to the proposed date of such Restricted Payment) and (2) such Restricted Payment occurs on the earlier of (a) the date that is thirteen (13) Business Days or after each Quarterly Date and (b) Date(or, if sooner, after the date that the ECF Prepayment Offer for the applicable quarter has been accepted or rejected in accordance with Section withSection 2.06(c)), and in any event, not more than forty-five (45) days after any Quarterly Date, then Borrower shall be permitted to cause amounts then on deposit in the Distribution Suspense Account to be transferred in the amounts, and to the recipients, specified by Borrower (and the Administrative Agent shall countersign any withdrawal certificates required under any Control Agreements to allow such transfers).
Appears in 1 contract
Samples: Credit Agreement (Global Clean Energy Holdings, Inc.)
Transfers from the Distribution Suspense Account. So long as (1) no Default or Event of Default has occurred and is continuing, or would result therefrom (as certified by an Authorized Representative of Borrower at least five (5) days prior to the proposed date of such Restricted Payment) and (2) such Restricted Payment occurs on the earlier of (a) the date that is thirteen (13) Business Days after each Quarterly Date and (b) the date that the ECF Prepayment Offer for the applicable quarter has been accepted or rejected in accordance with withor after the prepayment contemplated by Section 2.06(c), 2.06(cb),(v) and in any event, not more than forty-five (45) days after any Quarterly Date, then Borrower shall be permitted to cause amounts then on deposit in the Distribution Suspense Account to be transferred in the amounts, and to the recipients, specified by Borrower (and the Administrative Agent shall countersign any withdrawal certificates required under any Control Agreements to allow such transfers).
Appears in 1 contract
Samples: Credit Agreement (Global Clean Energy Holdings, Inc.)