Examples of Disbursement Agent Accounts in a sentence
Either the Borrower or OpCo may be an account party to the Disbursement Agent Accounts hereunder and both the Borrower and OpCo shall be permitted to draw checks on and otherwise withdraw amounts on deposit in such Disbursement Agent Accounts to the extent such withdrawals are otherwise permitted under this Agreement.
Notwithstanding the foregoing, Lender shall not have any right of set off with respect to amounts held in the Disbursement Agent Accounts.
The parties have entered into this Agreement in order to set forth (i) the conditions upon which, and the manner in which, funds will be disbursed from the Disbursement Agent Accounts (as defined below) to pay Project Completion Costs (as defined below) and other expenses and (ii) certain representations, warranties and covenants of the Borrower.
All moneys, Cash Equivalents, instruments, investments and securities at any time on deposit in or credited to any of the Disbursement Agent Accounts shall constitute collateral security for the payment and performance of the Loans and the Notes and shall at all times be subject to the control of the First Lien Collateral Agent and/or the Second Lien Collateral Agent, and shall be held in the custody of the securities intermediary or account bank.
On each Regular Payment Date or Distribution Date, as applicable, all interest and other investment earnings (net of losses and investment expenses) on funds on deposit in the Disbursement Agent Accounts shall be applied as set forth in Section 2.04.
After the Final Completion Date, the Disbursement Agent shall disburse or cause the disbursement of all remaining funds in the Disbursement Agent Accounts, if any, to the Borrower’s account specified in writing by the Borrower to the Disbursement Agent (and upon such disbursements the Borrower shall be permitted to close the Disbursement Agent Accounts).
Each Securities Account shall be maintained by the Disbursement Agent at all times until such Disbursement Agent Accounts are permitted to be closed in accordance with Section 4.6.
Funds deposited in the Disbursement Agent Accounts on a Business Day which immediately precedes a Regular Payment Date or Distribution Date are not required to be invested overnight.
Any Disbursement Agent Accounts transferred may be held at such Qualified Bank and shall constitute Disbursement Agent Accounts and each of the Borrower, OpCo, the Administrative Agent, the Second Lien Collateral Agent and the Disbursement Agent shall enter into a control agreement with respect thereto.
Notwithstanding anything to the contrary in this Agreement, in any Account Control Agreement or in any Financing Agreement, at any time after the Closing Date, the Borrower shall be entitled to pay Project Costs then due and owing from funds available to the Borrower outside of the Disbursement Agent Accounts (regardless of whether the conditions precedent to any disbursement set forth in this Section 4 may be satisfied).