Restoration Account. (a) All Casualty Proceeds and Eminent Domain Proceeds shall be deposited into the Restoration Account. Subject to Sections 3.15(d) and (e), the Collateral Agent shall apply the amounts in the Restoration Account as directed in writing by the Company to the payment, or reimbursement to the extent the same have been paid or satisfied by the Company, of the costs of rebuilding, repair and restoration of the Facility or any part thereof that has been affected by an Event of Loss or an Event of Eminent Domain.
Restoration Account. 28 SECTION 3.16 FUEL CONVERSION PAYMENT VOLUME REBATE ACCOUNT....................................................31 SECTION 3.17 SUBORDINATED DEBT ACCOUNT........................................................................31
Restoration Account. In accordance with Section 3.9(d)(ii) of the Depositary Agreement, Borrower hereby requests that the following transfers be made from the Restoration Account numbered [_____], each as set forth in greater detail in Part H of the attached Schedule I:
Restoration Account. Following the occurrence of any Casualty or Condemnation involving the Mortgage Estate or any part thereof resulting in a loss in excess of $[_______], the Mortgagor shall give prompt notice thereof to the Mortgagee and shall cause all Casualty or Condemnation Proceeds, as the case may be, to be paid to the Mortgagee as additional collateral security hereunder subject to the lien of this Mortgage. Upon receipt by the Mortgagee of any such proceeds (including, without limitation, any Casualty Proceeds payable directly to the Mortgagee as loss payee under the respective policies maintained pursuant to Section 1.05), the Mortgagee shall deposit the same into a cash collateral account (the "Restoration Account") in the name and under the control of the Mortgagee. The balance from time to time in the Restoration Account shall constitute part of the Mortgage Estate hereunder and shall not constitute payment of the Obligations until applied as hereinafter provided.
Restoration Account. Following the occurrence of any Event of Loss involving the Mortgage Estate or any part thereof, but which Event of Loss or a discontinuance of operations at the Property as a result of such Event of Loss would not reasonably be expected to have a Material Adverse Effect, the Mortgagor shall be entitled to retain Loss Proceeds. Notwithstanding the foregoing, all Loss Proceeds in excess of $10,000,000 shall be applied as provided in Article 6 of the Original Indenture. Following the occurrence of any other Event of Loss involving the Mortgage Estate or any part thereof, if the discontinuance of operations at the Property as a result of such Event of loss would be reasonably expected to have a Material Adverse Effect, the Mortgagor shall cause all Loss Proceeds to be paid to the Mortgagee as additional collateral security hereunder subject to the lien of this Mortgage. Upon receipt by the Mortgagee of any such proceeds (including, without limitation, any Loss Proceeds payable directly to the Mortgagee as loss payee under the respective policies maintained pursuant to Section 1.05), the Mortgagee shall deposit the same into a cash collateral account (the "RESTORATION ACCOUNT") in the name and under the control of the Mortgagee. The balance from time to time in the Restoration Account shall constitute part of the Mortgage Estate hereunder and shall not constitute payment of the Obligations until applied as hereinafter provided.
Restoration Account. Following the occurrence of any Casualty or Condemnation involving the Mortgage Estate or any part thereof resulting in a loss in excess of $_________, the Mortgagor shall give prompt notice thereof to the Mortgagee and shall cause all Casualty or Condemnation Proceeds, as the case may be, to be paid to the Mortgagee as additional collateral security hereunder subject to the lien of this Mortgage. Upon receipt by the Mortgagee of any such proceeds (including, without limitation, any Casualty Proceeds payable directly to the Mortgagee as loss payee under the respective policies maintained pursuant to Mortgage
Restoration Account. Any Casualty or Condemnation Proceeds, shall, as provided in Section 1.06, be held by the Mortgagee in the Restoration Account and any interest or other amounts, if any, actually earned on the balance held by the Mortgagee in the Restoration Account shall be credited to the Restoration Account, for the benefit of the Mortgagor. So long as no Event of Default shall have occurred and be continuing, at the written request of the Mortgagor, any monies held in the Restoration Account shall be invested or reinvested in such Permitted Investments (as defined in paragraph (b) of this Section 1.14) as the Mortgagor shall from time to time specify. Such Permitted Investments shall be held by the Mortgagee pursuant to this Section 1.14; but, upon request of the Mortgagor, the Mortgagee shall sell all or any designated part of the same and the proceeds of such sale shall be held by the Mortgagee in the Restoration Account subject to the provisions hereof in the same manner as the cash used by it to purchase the Permitted Investments so sold. The Mortgagor agrees to pay the Mortgagee, on demand, amounts equal to any loss resulting from any investment or reinvestment pursuant to this Section 1.14 (and any such payments made by the Mortgagor shall be deposited by the Mortgagee into the Restoration Account), it being understood that the Mortgagee shall not be liable or responsible for any such loss. Notwithstanding anything herein or at law or in equity to the contrary, none of the Casualty or Condemnation Proceeds paid to the Mortgagee as herein provided, and none of the other amounts from time to time held in the Restoration Mortgage Account, shall be deemed trust funds, and the Mortgagee shall be entitled to advance amounts from time to time held in the Restoration Account to the Mortgagor, or to apply the same to the prepayment of the loans or other indebtedness constituting the Obligations hereunder, as provided in Section 1.06(c).
Restoration Account. Subject to the terms and conditions of the Security Agreement, the Company will establish, at the times provided in the Security Agreement, the Restoration Account.
Restoration Account. Make or request, or cause to be made or requested, any withdrawals or transfers from the Restoration Account except as expressly permitted herein or in the Security Agreement.
