Common use of Release of Funds to the Company Due to Direct Payment of Interest by the Company Clause in Contracts

Release of Funds to the Company Due to Direct Payment of Interest by the Company. If the Company makes any Scheduled Interest Payment or a portion of any Scheduled Interest Payment from a source of funds other than the Escrow Account (“Company Funds”), the Company may, after payment in full of such Scheduled Interest Payment and upon at least five (5) Business Days prior notice, direct the Escrow Agent, so long as no Event of Default has occurred and is continuing, to release to the Company (or at the direction of the Company, to release to a designated third party) an amount of funds or Government Securities from the Escrow Account, the sum of the cumulative interest payments on and aggregate principal amount of which is less than or equal to the amount of Company Funds so expended in making the Scheduled Interest Payment. Upon receipt of such notice, the Escrow Agent shall pay over or transfer to the Company the requested amount.

Appears in 3 contracts

Samples: Pledge and Escrow Agreement (Cv Therapeutics Inc), Pledge and Escrow Agreement (Cv Therapeutics Inc), Pledge and Escrow Agreement (Cv Therapeutics Inc)

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Release of Funds to the Company Due to Direct Payment of Interest by the Company. If the Company makes any Scheduled Interest Payment or a portion of any Scheduled Interest Payment from a source of funds other than the Escrow Account (“Company Funds”), the Company may, after payment in full of such Scheduled Interest Payment and upon at least five (5) Business Days Days’ prior notice, direct the Escrow Agent, so long as no Event of Default has occurred and is continuing, to release to the Company (or at the direction of the Company, to release to a designated third party) an amount of funds or Government Securities from the Escrow Account, the sum of the cumulative interest payments on and aggregate principal amount of which is less than or equal to the amount of Company Funds so expended in making the Scheduled Interest Payment. Upon receipt of such notice, the Escrow Agent shall pay over or transfer to the Company the requested amount.

Appears in 1 contract

Samples: Pledge and Escrow Agreement (Globalstar, Inc.)

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Release of Funds to the Company Due to Direct Payment of Interest by the Company. If the Company makes any Scheduled Interest Payment or a portion of any Scheduled Interest Payment from a source of funds other than the Escrow Account (“Company Funds”), the Company may, after payment in full of such Scheduled Interest Payment and upon at least five (5) Business Days Days’ prior notice, direct the Escrow AgentAgent in writing, so long as no Event of Default has occurred and is continuing, to release to the Company (or at the written direction of the Company, to release to a designated third party) an amount of funds or Government Securities from the Escrow AccountAccount in accordance with Section 5(d), as long as following such release the sum of the cumulative interest payments on and aggregate principal amount of which is less than or equal to the amount of Company Funds so expended in making the Excess Escrow Amount would be at least $0.00 for all Scheduled Interest PaymentPayment Dates. Upon receipt of such notice, the Escrow Agent shall pay over or transfer to the Company the requested amount.

Appears in 1 contract

Samples: Pledge and Escrow Agreement (GSV Capital Corp.)

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