Diverted Funds definition
Examples of Diverted Funds in a sentence
If any party shall receive any funds distributed in accordance with this clause (d) that is later identified as property of another party hereto (“Diverted Funds”), such Diverted Funds shall be repaid to the party entitled thereto, by reducing the subsequent allocation of funds to the party that originally received the Diverted Funds by an amount equal to such Diverted Funds and by allocating such Diverted Funds to the party entitled thereto.
To the extent that any Diverted Funds are released to the Company, the Receivables Facility SPV or any Securitization SPV, the Company shall promptly pay to the Account Secured Party entitled to receive such Diverted Funds an amount equal to the amount of such Diverted Funds.
Notwithstanding anything in this Agreement to the contrary, the Foundation will have the right to set-off any amounts owed by the Foundation to Anacor pursuant to this Agreement against the unused portion of the Advance Funds and any Diverted Funds.
For the avoidance of doubt, the amount of funds which shall be forwarded to the Diversion Account shall be limited to the amount which, if applied to the outstanding balance of the Loans, would cause the outstanding amount of the Revolving Loan to be less than $0 (the “Diverted Funds”), with any excess remaining after such forwarding of the Diverted Funds to the Diversion Account to be applied by the Agent to the Loans in accordance with the Agreement.
For the avoidance of doubt, the amount of funds which shall be forwarded to the Diversion Account shall be limited to the amount which, if applied to the outstanding balance of the Loans, would cause the outstanding amount of the Revolving Loan to be less than $0 (the “Diverted Funds”), with any excess remaining after such forwarding of the Diverted Funds to the Diversion Account to be applied by the GE Credit Agreement Agent to the GE Loans in accordance with the GE Credit Agreement.
For clarity, the Foundation may withhold payment only for those items on an Anacor statement for which the Foundation determines, in good faith, Anacor has not yet satisfied the substantiation requirements, or which the Foundation determines in good faith may be Diverted Funds; all other items on the Anacor statement shall be paid to Anacor by the Foundation as described below.
Any unused portion of the Advance Funds or any Diverted Funds (as defined below) will be promptly returned to the Foundation if Anacor spends any Advance Funds other than on the Research in compliance with this Agreement and the Budget.