Excepted Accounts definition
Examples of Excepted Accounts in a sentence
Any dispute with respect to the Excepted Accounts and/or any instruction given pursuant to this Section 8.21 shall be subject to resolution by the Bankruptcy Court.
The $12,000,000 additional escrow will be remitted back to Seller in the proportion of collected Excepted Accounts to total Excepted Accounts (line 9A, CFTC Form-1FR-FCM) as of the Closing Date.
In the event that the fee charged to the Manager exceeds the fee charged to an account described in (1) or (2) above, which description does not include Excepted Accounts, the fee charged to the Manager shall automatically be reduced to match the fee charged to such other account from the time such fee is charged to such other account.
Buyer and the Sellers agree that it is their shared intention that the Excepted Accounts be collected, liquidated or otherwise resolved in a prompt and prudent manner, taking into account the likelihood that any deficit or under-margin circumstance will be resolved by the client in a timely manner in the ordinary course of business.
In the event that the fee charged hereunder exceeds the fee charged to an account described in (1) or (2) above, which description does not include Excepted Accounts, the fee charged hereunder shall automatically be reduced to match the fee charged to such other account from the time such fee is charged to such other account.
Buyer shall have the right to direct the application of funds from the Excepted Account Escrow to such Excepted Accounts to cover any additional deficit or under-margin amounts in accordance with exchange minimums in effect from time to time or to satisfy any indemnity liability of the Sellers to Buyer in respect of the Excepted Accounts (notwithstanding any other limitation herein with respect to the source of funds for the Sellers’ indemnity obligations).
Any and all Liabilities of any of Subject Entities and their Affiliates other than the Assumed Liabilities, including (a) Liabilities related to the Excluded Assets, (b) Liabilities relating to the Excepted Accounts, and (c) Liabilities for any interest, fines, penalties or refunds required to be made as a result of any failure of the Subject Entities or any of their Affiliates to comply with Law.
Within 3 days of the Closing Date, the Obligors shall, and shall cause each Domestic Subsidiary (other than EEX Reserves and its Subsidiaries until such time as the Enron Prepay Obligation has been terminated pursuant to Section 8.09(e)) to, hold all Deposit Accounts and Securities Accounts, other than the Excepted Accounts, with a Lender or an Affiliate thereof.
At all times thereafter, the Obligors shall, and shall cause their Domestic Subsidiaries (other than EEX Reserves and its Subsidiaries until such time as the Enron Prepay Obligation has been terminated pursuant to Section 8.09(e)) to, cause all of their Deposit and Securities Accounts, other than the Excepted Accounts, to be subject to Blocked Account Control Agreements and Securities Account Control Agreements.
Buyer shall have the right to direct the application of funds from the Excepted Account Escrow to such Excepted Accounts to cover any additional deficit or under-margin amounts in accordance with exchange minimums in effect from time to time or to satisfy any indemnity liability of the Sellers to Buyer in respect of the Excepted Accounts (notwithstanding any other limitation herein with respect to the source of funds for the Sellers' indemnity obligations).