Incorrect Payment. (a) Unless a Trader is so directed by the Security Agent, the Borrower receives payment from that Trader under any Assigned Export Contract other than by a deposit directly to the Borrower Collection Account (unless the payment is not received directly into the Borrower Collection Account due solely to technical difficulties with the banking system in relation to the electronic transmission of funds, and such payment is received into the Borrower Collection Account within three Business Days of the due date). (b) Unless an Offtaker is so directed by the Security Trustee, a Trader receives payment from that Offtaker under an Assigned Offtake Contract other than by a deposit directly to the Trader Collection Account of that Trader (unless the payment is not received directly into that Trader Collection Account due solely to an error of that Offtaker or technical difficulties with the banking system in relation to the electronic transmission of funds, and such payment is received into that Trader Collection Account within three Business Days of the due date).
Appears in 2 contracts
Sources: Amendment and Restatement Agreement (Mechel OAO), Amendment and Restatement Agreement (Mechel OAO)