Examples of Offshore Project Accounts in a sentence
The portion of each Release Amount to be paid from, respectively, (i) the Offshore Project Accounts (as defined in the Brava Credit Agreement) pledged to the Brava Lenders and (ii) the Offshore Project Accounts (as defined in the A/L Credit Agreement) pledged to the A&L Lenders is set forth in Schedule I attached hereto.
See Brenner Dec’l ¶¶ 16, 20 (“While the Offshore Project Accounts are established in [Black Gold] or [BDL’s or SDL’s] name[s], none of those parties are able to assign or transfer funds from those accounts”); August 6 Order at 4 (“[BDL and SDL] have no authority to vary payments from those laid out in the underlying contractual agreements.”); see also (Brenner Dec’l Ex. 1 §§ 4.07(c), 4.08, and 4.09).
If an Event of Default has occurred and is continuing and any Blocking Notices have been served pursuant to Clause 19.1 (Blocking Notices), then any provisions of this Agreement or any other Finance Document to the contrary notwithstanding, all amounts on deposit in the Offshore Project Accounts which are the subject of any Blocking Notices and any revenues thereon shall be applied by the Offshore Account Bank, acting on the instructions of the COFACE Agent.
Ex. A § 2.02(b)-(c)).8 As stated in the Collateral Agreement governing the accounts, all funds in the Offshore Project Accounts are “held in the sole custody and control of the Collateral Agent.” Id.§ 2.02(a).
The Offshore Account Bank shall not be responsible for the accuracy and/or completeness of any information supplied in connection with any Finance Document or for the legality, validity, effectiveness, adequacy or enforceability of any Finance Document nor shall it be under any liability as a result of taking or omitting to take any action in relation to the Offshore Project Accounts save in the case of its gross negligence or wilful misconduct.
Upon receipt of notification from the BPIFAE Agent of the occurrence of the Final Discharge Date, the Offshore Account Bank shall disburse any amounts on deposit in the Offshore Project Accounts to or at the direction of, and at the expense of, the Borrower in accordance with Clause 3.6 (Instructions).
Upon receipt of notification from the COFACE Agent of the occurrence of the Final Discharge Date, the Offshore Account Bank shall disburse any amounts on deposit in the Offshore Project Accounts to or at the direction of, and at the expense of, the Borrower in accordance with Clause 3.6 (Instructions).