Common use of OPERATING EXPENSES AND CAPITAL EXPENDITURES; DEBT SERVICE Clause in Contracts

OPERATING EXPENSES AND CAPITAL EXPENDITURES; DEBT SERVICE. (i) On or before the fifth Business Day prior to the end of each month (or if such day is not a Business Day, the immediately preceding Business Day), the Company shall deliver to the Administrative Agent an Expense Certificate in the form of EXHIBIT J requesting (x) distributions to pay Operating Expenses and capital expenditures from the Revenue Account, the amounts of which distributions shall, unless consented to in writing by the Majority Lenders, conform to the then current Operating Budget of the 138 Company (as modified pursuant to Section 6.9) and (y) distributions to pay income taxes from the Revenue Account. On the last day of each month or, if such day is not a Business Day, the immediately preceding Business Day (each such date, an "OPERATING EXPENSE TRANSFER DATE"), the Administrative Agent shall distribute, from the cash available in the Revenue Account, FIRST, with respect to any Project Revenues which have been received and are subject to value added tax, sales tax or other similar tax or potential rebate or other similar return (to the extent permitted hereunder), that portion of such Project Revenues directly to the VAT Account and SECOND, (A) to the Persons entitled thereto, all Operating Expenses and capital expenditures or income taxes of the Company or any Subsidiary then due and owing in item (1) of such Expense Certificate, and (B) to the Current Account, the amounts identified as Operating Expenses and capital expenditures or income taxes of the Company or any Subsidiary expected to be due and owing prior to the next Operating Expense Transfer Date in item (2) of such Expense Certificate.

OPERATING EXPENSES AND CAPITAL EXPENDITURES; DEBT SERVICE. (i) On or before the fifth Business Day prior to the end of each month (or if such day is not a Business Day, the immediately preceding Business Day), the Company shall deliver to the Administrative Agent an Expense Certificate in the form of EXHIBIT Exhibit J requesting (x) distributions to pay Operating Expenses and capital expenditures from the Revenue Account, the amounts of which distributions shall, unless consented to in writing by the Majority Lenders, conform to the then current Operating Budget of the 138 Company (as modified pursuant to Section 6.9) and (y) distributions to pay income taxes from the Revenue Account. On the last day of each month or, if such day is not a Business Day, the immediately preceding Business Day (each such date, an "OPERATING EXPENSE TRANSFER DATE"), the Administrative Agent shall distribute, from the cash available in the Revenue Account, FIRSTfirst, with respect to any Project Revenues which have been received and are subject to value added tax, sales tax or other similar tax or potential rebate or other similar return (to the extent permitted hereunder), that portion of such Project Revenues directly to the VAT Account and SECONDsecond, (A) to the Persons entitled thereto, all Operating Expenses and capital expenditures or income taxes of the Company or any Subsidiary then due and owing in item (1) of such Expense Certificate, and (B) to the Current Account, the amounts identified as Operating Expenses and capital expenditures or income taxes of the Company or any Subsidiary expected to be due and owing prior to the next Operating Expense Transfer Date in item (2) of such Expense Certificate.

OPERATING EXPENSES AND CAPITAL EXPENDITURES; DEBT SERVICE. (i) On or before the fifth Business Day prior to the end of each month (or if such day is not a Business Day, the immediately preceding Business Day), the Company shall deliver to the Administrative Agent an Expense Certificate in the form of EXHIBIT J requesting (x) distributions to pay Operating Expenses and permitted capital expenditures (other than with respect to Capacity Upgrades) from the Revenue Account, the amounts of which distributions shall, unless consented to in writing by the Majority Lenders, conform to the then current Operating Budget of the 138 Company (as modified pursuant to Section 6.9) and (y) distributions to pay income taxes from the Revenue Account. On the last day of each month or, if such day is not a Business Day, the immediately preceding Business Day (each such date, an "OPERATING EXPENSE TRANSFER DATE"), the Administrative Agent shall distribute, from the cash available in the Revenue Account, FIRST, with respect to any Project Revenues which have been received and are subject to value added tax, sales tax or other similar tax or potential rebate or other similar return (to the extent permitted hereunder), that portion of such Project Revenues directly to the VAT Account and SECOND, (A) to the Persons entitled thereto, all Operating Expenses and permitted capital expenditures (other than with respect to Capacity Upgrades) or income taxes of the Company or any Subsidiary then due and owing in item (1) of such Expense Certificate, and (B) to the Current Account, the amounts identified as Operating Expenses and permitted capital expenditures (other than with respect to Capacity Upgrades) or income taxes of the Company or any Subsidiary expected to be due and owing prior to the next Operating Expense Transfer Date in item (2) of such Expense Certificate.