Eligible Government Accounts Sample Clauses

Eligible Government Accounts. “Eligible Government Accounts” shall include, on any date of determination of the Borrowing Base, all Accounts of Borrowers (i) on which the Account Debtor is the United States or any federal Governmental Authority and (ii) that, in all other respects would qualify as an Eligible Commercial Account, but for the fact that the Account Debtor is the United States or any federal Governmental Authority, except that the exclusionary criteria set forth in Section 2.18(a)(xxv) shall not be applicable to Eligible Government Accounts; provided, however, that, notwithstanding any other provision of this Agreement, the total amount of availability under the Borrowing Base in respect of Eligible Government Accounts (or Eligible Unbilled Accounts in respect of Eligible Government Accounts) shall not exceed the greater of (i) $10,000,000 or (ii) the total amount of such Accounts, if any, for which the applicable Borrower has previously assigned its rights to payment of such Account to the Administrative Agent pursuant to the Assignment of Claims Act of 1940, as amended, and such assignment has been accepted and acknowledged by the appropriate United States government officers.
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Eligible Government Accounts. A new clause (s) is hereby added to the definition of "Eligible Accounts" in Section 1.19 of the Loan Agreement as follows: "(s) such Accounts owed by the United States of America, any State, political subdivision, agency or instrumentality thereof, with respect to which Borrowers have not fully complied with the Federal Assignment of Claims Act of 1940, as amended, or any similar state or local law, if applicable, do not constitute more than twenty percent (20%) of all otherwise Eligible Accounts (but the portion of such Accounts not in excess of such percentage may be deemed Eligible Accounts)." Additionally, the second proviso in Section 2.1(a)(i) of the Loan Agreement is hereby deleted in its entirety.
Eligible Government Accounts. Section 2.18(b) of the Credit Agreement is amended by deleting the following words: “; provided, however, that, notwithstanding any other provision of this Agreement, the total amount of availability under the Borrowing Base in respect of Eligible Government Accounts (or Eligible Unbilled Accounts in respect of Eligible Government Accounts) shall not exceed the greater of (i) $10,000,000 or (ii) the total amount of such Accounts, if any, for which the applicable Borrower has previously assigned its rights to payment of such Account to the Administrative Agent pursuant to the Assignment of Claims Act of 1940, as amended, and such assignment has been accepted and acknowledged by the appropriate United States government officers”

Related to Eligible Government Accounts

  • Government Accounts Accounts that are the obligation of an Account Debtor that is the United States government or a political subdivision thereof, or any state, county or municipality or department, agency or instrumentality thereof unless Agent, in its sole discretion, has agreed to the contrary in writing, or the applicable Credit Party has complied with respect to such obligation with the Federal Assignment of Claims Act of 1940, or any applicable state, county or municipal law restricting the assignment thereof with respect to such obligation;

  • Deposited Money and Government Obligations to Be Held in Trust Subject to the provisions of the last paragraph of Section 10.05, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13.05, the "TRUSTEE") pursuant to Section 13.04 in respect of the Outstanding Securities of a particular series shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principal (and premium, if any) and interest, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 13.04 or the principal and interest received in respect thereof, other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities of such series. Anything in this Article to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations held by it as provided in Section 13.04 with respect to Securities of any series which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited for the purpose for which such money or Government Obligations were deposited.

  • No Government Obligors None of the Receivables is due from the United States or any state or local government, or from any agency, department or instrumentality of the United States or any state or local government.

  • No Government Funding No funding, facilities, resources or personnel of any Governmental Entity or any university, college, other educational institution, multi-national, bi-national or international organization or research center was used in connection with the development or creation, in whole or in part, of any Company Owned Intellectual Property or Company Technology.

  • Deposited Money and Government Securities to be Held in Trust Other Miscellaneous Provisions 52 Section 12.06. Repayment to Issuer 52 Section 12.07. Reinstatement 53 ARTICLE 13 IMMUNITY OF INCORPORATORS, STOCKHOLDERS, OFFICERS AND DIRECTORS Section 13.01. Indenture and Notes Solely Corporate Obligations 53

  • No Government Obligor No Receivable is due from the United States or any State or from any agency, department or instrumentality of the United States or any State.

  • U.S. Government List Matching Services (A) BNYM will compare Appropriate List Matching Data (as defined in subsection (C) below) contained in BNYM databases which are maintained for the Fund pursuant to this Agreement (“Fund Data”) to “U.S. Government Lists”, which is hereby defined to mean the following:

  • United States Government Obligations The Employee acknowledges that the Company from time to time may have agreements with the other persons or with the United States Government, or agencies thereof, which impose obligations or restrictions on the Company regarding inventions made during the course of work under such agreements or regarding the confidential nature of such work. The Employee agrees to be bound by all such obligations and restrictions which are made known to the Employee and to take all action necessary to discharge the obligations of the Company under such agreements.

  • Indemnity for Government Obligations The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against deposited U.S. Government Obligations or the principal and interest received on such U.S. Government Obligations.

  • Cash Accounts, Deposits and Money Movements Subject to the terms and conditions set forth in this Section 7, the Fund hereby authorizes the Custodian to open and maintain, with itself or with Subcustodians, cash accounts in United States Dollars, in such other currencies as are the currencies of the countries in which the Fund maintains Investments or in such other currencies as the Fund shall from time to time request by Instruction.

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