Common use of Withdrawals upon Termination Clause in Contracts

Withdrawals upon Termination. Upon Termination of the Concession Agreement, all amounts standing to the credit of the Escrow Account shall, notwithstanding anything in this Agreement, be appropriated and dealt with in the following order: (a) all taxes due and payable by the Concessionaire for and in relation to its obligations under the Project; (b) amount of the Debt Due approved by the Authority as part of the Termination Payment, excluding Subordinated Debt; (c) all payments and Damages certified by the Authority as due and payable to it by the Concessionaire pursuant to the Concession Agreement, including claims in connection with or arising out of Termination; (d) retention and payments arising out of, or in relation to, liability for defects and deficiencies set forth in Article 36 of the Concession Agreement; (e) outstanding Debt Service including the balance of Debt Due; (f) outstanding Subordinated Debt; (g) incurred or accrued O&M Expenses; (h) any other payments required to be made under the Concession Agreement; and (i) balance, if any, in accordance with the joint instructions of the Concessionaire and the Authority. Provided that the disbursements specified in Sub-clause (i) of this Clause 4.2 shall be undertaken only after the Vesting Certificate has been issued by the Authority.

Withdrawals upon Termination. Upon Termination of the Concession Agreement, all amounts standing to the credit of the Escrow Account shall, notwithstanding anything in this Agreement, be appropriated and dealt with in the following order: (a) all taxes due and payable by the Concessionaire for and in relation to its obligations under the ProjectConcessionaire; (b) amount 90% (ninety per cent) of the Base Senior Debt Due approved by the Authority as part of the Termination Payment, Amount excluding Subordinated Debt; (c) all payments towards Concession Fee and Revenue Share certified by the Authority as due and payable to it by the Concessionaire; (d) all payments and Damages certified by the Authority as due and payable to it by the Concessionaire pursuant to the Concession Agreement, including any claims in connection with or arising out of Termination; (de) retention and payments arising out of, or in relation to, liability for defects and deficiencies set forth in Article 36 Clause 41.1 of the Concession Agreement; (ef) outstanding Debt Service including the balance of Base Senior Debt DueTermination Amount; (fg) outstanding Subordinated Debt; (gh) incurred or accrued O&M Expenses; (hi) any other payments required to be made under the Concession Agreement; and (ij) balance, if any, in accordance with the joint instructions of the Concessionaire and the Authority. Concessionaire: Provided that the disbursements specified in Sub-clause (ij) of this Clause 4.2 shall be undertaken only after the Vesting Certificate has been issued by the Authority.

Withdrawals upon Termination. 4.6.1 Upon Termination of the Concession Lease Agreement, all amounts standing to the credit of the Escrow Account Accounts shall, notwithstanding anything in this the Lease Agreement, be appropriated and dealt with solely by the written instruction of RLDA in the following order: (a) outstanding amounts payable to RLDA; (b) all taxes due and payable by the Concessionaire for and Lessee in relation to its obligations under the this Project; (b) amount of the Debt Due approved by the Authority as part of the Termination Payment, excluding Subordinated Debt; (c) all payments and Damages damages certified by the Authority RLDA as due and payable to it by the Concessionaire Lessee pursuant to the Concession Lease Agreement, including any claims or demands in connection with or arising out of Terminationtermination of the Lease Agreement; (d) retention incurred or accrued Operation &Maintenance Expenses on the Assets and payments arising out of, or in relation to, liability for defects and deficiencies set forth in Article 36 of the Concession AgreementProject Utilities; (e) outstanding Debt Service including the balance of Debt Due; (f) outstanding Subordinated Debt; (g) incurred or accrued O&M Expenses; (h) any other payments required to be made under the Concession Lease Agreement; (f) outstanding debt service including the balance of Debt Due; (g) outstanding Subordinated Debt; and (ih) balance, if any, in accordance with the joint instructions of the Concessionaire and the AuthorityLessee. Provided that the disbursements specified in Sub-clause (i) provisions of this Article IV and the instructions contained in the Escrow Agreement shall remain in full force and effect until the obligations set forth in this Clause 4.2 4.5 have been fully discharged. 4.6.2 The Right to Terminate the Lessee from Complete project or from Railway Redevelopment Project, shall be undertaken only after independent of the Vesting Certificate has been issued by the Authorityright of Allottees to approach RERA Authority in accordance with law for redressal of their grievances, if any.

Withdrawals upon Termination. Upon Termination of the Concession Agreement, all amounts standing to the credit of the Escrow Account shall, notwithstanding anything in this Agreement, be appropriated and dealt with in the following order: (a) all taxes due and payable by the Concessionaire for and in relation to its obligations under the ProjectConcessionaire; (b) amount 90% (ninety per cent) of the Debt Due approved by the Authority as part of the Termination Payment, excluding Subordinated Debt; (c) outstanding Annual Concession Fee; (d) all payments and Damages damages certified by the Concessioning Authority as due and payable to it by the Concessionaire pursuant to the Concession Agreement, including and any claims in connection with or arising out of Termination; (de) retention and payments arising out of, or in relation to, liability for defects and deficiencies set forth in Article 36 15.6 of the Concession Agreement; (ef) outstanding Debt Service including the balance of Debt Due; (fg) outstanding Subordinated Debt; (gh) incurred or accrued O&M Expenses; (hi) any other payments required to be made under the Concession Agreement; and (ij) balance, if any, in accordance with the joint instructions of the Concessionaire and the Authority. Provided that the disbursements specified in Sub-clause (i) of this Clause 4.2 shall be undertaken only after the Vesting Certificate has been issued by the Authority.Concessionaire: