Common use of Written Instructions; Notices Clause in Contracts

Written Instructions; Notices. (a) Notwithstanding anything in this Agreement, the Credit Agreement or any other Financing Document to the contrary, the Accounts Bank shall have no obligation to (i) make any payment, transfer or withdrawal from any Project Account until it has received written direction to make such payment, transfer or withdrawal from the Lender or, to the extent expressly provided in this Agreement or otherwise with the Lender’s written confirmation, the Borrower or (ii) determine whether any payment, transfer or withdrawal from any Project Account made in accordance with any written direction from the Lender or the Borrower complies with the terms of this Agreement, the Credit Agreement or any other Financing Document. The Accounts Bank shall have no liability for, nor any responsibility or obligation to confirm, the use or application by the Borrower, the Lender or any other recipient of amounts withdrawn or transferred from any Project Account.

Appears in 2 contracts

Samples: Accounts Agreement (Bloom Energy Corp), Accounts Agreement (Bloom Energy Corp)

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Written Instructions; Notices. (a) Notwithstanding anything in this Accounts Agreement, the Credit Agreement or Agreement, any other Financing Document to the contrary, the Accounts Bank shall have no obligation to (i) make any payment, transfer or withdrawal from any Project Account until it has received written direction to make such payment, transfer or withdrawal from the Lender or, to the extent expressly provided in this Agreement or otherwise with the Lender’s written confirmationAdministrative Agent, the Collateral Agent or the Borrower as set forth herein or (ii) determine whether any payment, transfer or withdrawal from any Project Account made in accordance with any written direction from the Lender Administrative Agent, the Collateral Agent or the Borrower complies with the terms of this Accounts Agreement, the Credit Agreement or any other Financing Document. The Accounts Bank shall have no liability for, nor any responsibility or obligation to confirm, the use or application by the Borrower, the Lender Collateral Agent or the Administrative Agent or any other recipient of amounts withdrawn or transferred from any Project Account.

Appears in 1 contract

Samples: Accounts Agreement (Advanced BioEnergy, LLC)

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Written Instructions; Notices. (a) Notwithstanding anything in this Accounts Agreement, the Credit Agreement or Agreement, any other Financing Document or any Subordinated Debt Document to the contrary, the Accounts Bank shall have no obligation to (i) make any payment, transfer or withdrawal from any Project Account until it has received written direction to make such payment, transfer or withdrawal from the Lender or, to the extent expressly provided in this Agreement or otherwise with the Lender’s written confirmationAdministrative Agent, the Collateral Agent or the Borrower as set forth herein or (ii) determine whether any payment, transfer or withdrawal from any Project Account made in accordance with any written direction from the Lender Administrative Agent, the Collateral Agent or the Borrower complies with the terms of this Accounts Agreement, the Credit Agreement or any other Financing Document. The Accounts Bank shall have no liability for, nor any responsibility or obligation to confirm, the use or application by the Borrower, the Lender Collateral Agent or the Administrative Agent or any other recipient of amounts withdrawn or transferred from any Project Account.

Appears in 1 contract

Samples: Accounts Agreement (Advanced BioEnergy, LLC)

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