Common use of Use of Money in the Project Fund Upon Completion of the Project Clause in Contracts

Use of Money in the Project Fund Upon Completion of the Project. The completion of the Project and payment or provision for payment of all Costs of the Project shall be evidenced by the filing with the Trustee of the certificate required by Section 2.03 of the Loan Agreement. As soon as practicable and in any event not more than sixty (60) days from the date of receipt by the Trustee of the certificate referred to in the preceding sentence, any balance remaining in the Project Fund (except amounts the Company shall have directed the Trustee to retain for any Cost of the Project not then due and payable) shall, without further authorization be transferred into a separate subaccount within the Bond Fund. Thereafter, the Trustee shall cause a mandatory redemption of the Bonds in accordance with the terms of Section 4.01(b)(2) hereof in an amount such that the funds transferred to the Bond Fund pursuant to this Section 6.08 will be sufficient to reimburse the Letter of Credit Bank for the redemption price of the Bonds. On the date fixed for redemption, the Trustee (i) shall draw on the Letter of Credit in an amount sufficient to pay the full redemption price of the Bonds from the sources and in the order provided in Section 6.03 hereof, and (ii) transfer to the Letter of Credit Bank funds from the separate subaccount within the Bond Fund created pursuant to this Section 6.08 to reimburse the Bank for such drawing. If the sum transferred to the Bond Fund pursuant to this Section 6.08 is not sufficient to affect a mandatory redemption of the Bonds in accordance with the terms of Section 4.01(b)(2) hereof or if there are any excess funds remaining in the Bond Fund after such mandatory redemption, such funds shall be transferred by the Trustee on the next Interest Payment Date to the Letter of Credit Bank to reimburse the Letter of Credit Bank for a drawing effected pursuant to Section 6.12 hereof

Appears in 1 contract

Samples: Loan Agreement (Gateway Trade Center Inc.)

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Use of Money in the Project Fund Upon Completion of the Project. The completion of the Project and the payment or provision for payment of all Costs of the Project shall be evidenced by the filing with the Trustee of the certificate required by Section 2.03 of the Loan AgreementAgreement with the Trustee. As soon as practicable and in any event not more than sixty (60) days from following the date of receipt by the Trustee of the certificate referred to in the preceding sentence, any balance remaining in the Project Fund (except amounts the Company shall have directed the Trustee to retain for any Cost of the Project not then due and payablepayable and amounts, if any, representing the unspent balance of the Company’s equity contribution to the Project) shall, without further authorization authorization, be transferred by the Trustee into a separate subaccount within the Bond Fund. Thereafter, the Trustee shall cause a mandatory redemption of the Bonds in accordance with the terms of Section 4.01(b)(2) hereof in an of this Indenture. The principal amount of Bonds to be so redeemed shall be such that the funds redemption price thereof shall not exceed the balance remaining in the Project Fund which has been so transferred to the Bond Fund pursuant to this Section 6.08 will be sufficient to reimburse the Letter of Credit Bank for the redemption price of the BondsFund. On the date fixed for redemptionredemption of such Bonds, the Trustee (i) shall draw on the Letter of Credit in an amount sufficient to pay the full redemption price of the Bonds from the sources and in the order provided in Section 6.03 hereofbeing redeemed, and (ii) transfer to reimburse the Letter of Credit Bank funds for such drawing from the money on deposit in such separate subaccount within the Bond Fund created pursuant to this Section 6.08 to reimburse the Bank for such drawingFund. If the sum transferred to the Bond Fund pursuant to this Section 6.08 is not sufficient to affect effect a mandatory redemption of the Bonds in accordance with the terms of Section 4.01(b)(2) hereof of this Indenture, or if there are any excess funds remaining in the Bond Fund after such mandatory redemption, such funds shall be transferred paid by the Trustee to the Bank on the next Interest Payment Date to reimburse the Bank for a drawing on the Letter of Credit Bank to reimburse the Letter of Credit Bank for a drawing effected pursuant to Section 6.12 hereofof this Indenture.

Appears in 1 contract

Samples: Loan Agreement (Gateway Trade Center Inc.)

Use of Money in the Project Fund Upon Completion of the Project. The completion of the Project and payment or provision for payment of all Costs of the Project shall be evidenced by the filing with the Trustee of the certificate required by Section 2.03 of the Loan Agreement. As soon as practicable and in any event not more than sixty (60) days from the date of receipt by the Trustee of the certificate referred to in the preceding sentence, any balance remaining in the Project Fund (except amounts the Company Borrower shall have directed the Trustee to retain for any Cost of the Project not then due and payable) shall, without further authorization be transferred into a separate subaccount within the Bond Fund. Thereafter, the Trustee shall cause a mandatory redemption of the Bonds in accordance with the terms of Section 4.01(b)(2) hereof in an amount such that the funds transferred to the Bond Fund pursuant to this Section 6.08 will be sufficient to reimburse the Letter of Credit Bank for the redemption price of the Bonds. On the date fixed for redemption, the Trustee (i) shall draw on the Letter of Credit in an amount sufficient to pay the full redemption price of the Bonds from the sources and in the order provided in Section 6.03 hereof, hereof and (ii) transfer to the Letter of Credit Bank funds from the separate subaccount within the Bond Fund created pursuant to this Section 6.08 to reimburse the Bank for such drawing. If the sum transferred to the Bond Fund pursuant to this Section 6.08 is not sufficient to affect effect a mandatory redemption of the Bonds in accordance with the terms of Section 4.01(b)(2) hereof or if there are any excess funds remaining in the Bond Fund after such mandatory redemption, such funds shall be transferred by the Trustee on the next Interest Payment Date to the Letter of Credit Bank to reimburse the Letter of Credit Bank for a drawing effected pursuant to Section 6.12 hereof.

Appears in 1 contract

Samples: Loan Agreement (Lannett Co Inc)

Use of Money in the Project Fund Upon Completion of the Project. The completion of the Project and payment or provision for payment of all Costs of the Project shall be evidenced by the filing with the Trustee of the certificate required by Section 2.03 of the Loan Agreement. As an Officers' Certificate requesting, as soon as practicable and in any event not more than sixty (60) days from the date of receipt by the Trustee of the certificate referred to in the preceding sentence, that any balance remaining in the Project Fund (except amounts the Company shall have directed the Trustee to retain for any Cost of the Project not then due and payable) shall, without further authorization be transferred into a separate subaccount within the Bond Fund. Thereafter, the Trustee shall cause a mandatory redemption of the Bonds in accordance with the terms of Section 4.01(b)(24.01(c)(2) hereof in an amount such that the funds transferred to the Bond Fund pursuant to this Section 6.08 will be sufficient to reimburse the Letter of Credit Bank for the redemption price of the Bonds. On the date fixed for redemption, the Trustee (i) shall draw on the Letter of Credit in an amount sufficient to pay the full redemption price of the Bonds from the sources and in the order provided in Section 6.03 hereof, hereof and (ii) transfer to the Letter of Credit Bank funds from the separate subaccount within the Bond Fund created pursuant to this Section 6.08 to reimburse the Bank for such drawing. If the sum transferred to the Bond Fund pursuant to this Section 6.08 is not sufficient to affect a mandatory redemption of the Bonds in accordance with the terms of Section 4.01(b)(2) hereof or if there are any excess funds remaining in the Bond Fund after such mandatory redemptionredemption (except amounts that the Company shall have directed the Trustee to retain for any cost of a project not then due and payable), such funds shall be transferred by the Trustee on the next Interest Payment Date to the Letter of Credit Bank to reimburse the Letter of Credit Bank for a drawing effected affected pursuant to Section 6.12 hereof.

Appears in 1 contract

Samples: Trust Indenture (Piercing Pagoda Inc)

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Use of Money in the Project Fund Upon Completion of the Project. The completion of the Project and the payment or provision for payment of all Costs of the Project shall be evidenced by the filing with the Trustee of the certificate required by Section 2.03 of the Loan AgreementAgreement with the Trustee. As soon as practicable and in any event not more than sixty (60) days from following the date of receipt by the Trustee of the certificate referred to in the preceding sentence, any balance remaining in the Project Fund (except amounts the Company shall have directed the Trustee to retain for any Cost of the Project not then due and payablepayable and amounts, if any, representing the unspent balance of the Company’s equity contribution to the Project) shall, without further authorization authorization, be transferred by the Trustee into a separate subaccount within the Bond Fund. Thereafter, the Trustee shall cause a mandatory redemption of the Bonds in accordance with the terms of Section 4.01(b)(24.01 (b)(2) hereof in an of this Indenture. The principal amount of Bonds to be so redeemed shall be such that the funds redemption price thereof shall not exceed the balance remaining in the Project Fund which has been so transferred to the Bond Fund pursuant to this Section 6.08 will be sufficient to reimburse the Letter of Credit Bank for the redemption price of the BondsFund. On the date fixed for redemptionredemption of such Bonds, the Trustee (i) shall draw on the Letter of Credit in an amount sufficient to pay the full redemption price of the Bonds from the sources and in the order provided in Section 6.03 hereofbeing redeemed, and (ii) transfer to reimburse the Letter of Credit Bank funds for such drawing from the money on deposit in such separate subaccount within the Bond Fund created pursuant to this Section 6.08 to reimburse the Bank for such drawingFund. If the sum transferred to the Bond Fund pursuant to this Section 6.08 is not sufficient to affect effect a mandatory redemption of the Bonds in accordance with the terms of Section 4.01(b)(2) hereof of this Indenture, or if there are any excess funds remaining in the Bond Fund after such mandatory redemption, such funds shall be transferred paid by the Trustee to the Bank on the next Interest Payment Date to reimburse the Bank for a drawing on the Letter of Credit Bank to reimburse the Letter of Credit Bank for a drawing effected pursuant to Section 6.12 hereofof this Indenture.

Appears in 1 contract

Samples: Loan Agreement (Gateway Trade Center Inc.)

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