Common use of Surplus Fund Clause in Contracts

Surplus Fund. At any time when the Borrower is not in compliance with the Rate Coverage Test (whether in the current, or any future, Calculation Period), the Borrower shall not utilize any amounts in the Surplus Fund for any purpose other than those described in clauses (i) through (ix) of Section 3.14(c) of the Indenture (as of the date of this Agreement).

Surplus Fund. At any time when the Borrower is not in compliance with the Rate Coverage Test (whether in the current, or any future, Calculation PeriodPeriod after Substantial Completion), the Borrower shall not utilize any amounts in the Surplus Fund for any purpose other than those described in clauses [(i) through (ixvii) of Section 3.14(c) )] of the Indenture (as of the date of this Agreement).