Examples of Revenue Collection Account in a sentence
Notwithstanding Sections 5 and 7, in the case either party becomes a Defaulting Party, the non-Defaulting Party shall be entitled to issue wire transfer instructions to the Bank: to procure payment of amounts owing to the non-Defaulting Party from the Revenue Collection Account in accordance with the Facilities Agreement without the requirement to obtain the signature of the other Party.
The default payments and mandatory redemptions provided for above are in addition to and not in lieu or limitation of any other rights the Holders may have at law, in equity or under the terms of the Certificate of Determination, the Purchase Agreement, the Warrant or this Agreement, including without limitation the right to specific performance.
The Revenue Collection Account shall be subject to the Account and Control Agreement (as hereafter defined).
USD and Xxxxxx shall be and at all times remain jointly and severally liable to the Bank for any and all fees and service charges relating to the Revenue Collection Account and chargebacks for any cheques, drafts and other payment items dishonoured or otherwise returned to the Bank with respect to the Revenue Collection Account (all such fees, service charges and chargebacks being hereinafter referred to, collectively, as “Charges”).
The Parties will open and maintain in good standing the Revenue Collection Account, and each of them will provide all documentation from time to time required by the Bank from such Party in connection therewith, including certificates of incumbency, authority and status.
USD shall instruct Customers (on each Invoice and otherwise) to make payments pursuant to the Invoices directly into the Revenue Collection Account.
Neither Party shall charge any of the Customers any accessorial, pumpover, manifold, transfer or other separate fees directly related to the provision of Product handling or Product throughput services within the Pipeline Facilities or Rail Terminal unless such charges or fees are delivered directly to the Revenue Collection Account and accounted for as revenue in the calculations below, unless mutually agreed otherwise by the Parties in writing.
Neither Party shall have any right or entitlement to set off any amounts owing to such Party by the other Party against amounts in the Revenue Collection Account.
Each of the Parties will ensure that, without the prior written consent of the other Party, none of its respective officers, agents or other representatives or any of their Affiliates shall withdraw or attempt to withdraw any amounts from, or otherwise exercise any authority or powers with respect to the Revenue Collection Account and all amounts held therein, except in accordance with this Agreement, the Account Agreement and applicable law.