Disbursement Request. At any time prior to the Termination Date, upon written certification by the Purchaser to the Escrow Agent (i) that an amount is due and payable by the Seller to the Purchaser pursuant to Section 10.2 of the Asset Purchase Agreement (an “ Indemnification Claim Amount ”) and such amount has not been paid, (ii) that an amount is due and payable by the Seller to the Purchaser pursuant to Section 8.14 of the Asset Purchase Agreement (an “ Elop Claim Amount ”), and such amount has not been paid; (iii) that an amount in is due and payable by the Seller to the Purchaser pursuant to Section 8.15 of the Asset Purchase Agreement (an “ United Mizrachi Bank Claim Amount ”) and such amount has not been paid, or (iv) that an amount is due and payable by the Seller to the Purchaser pursuant to Section 8.16 of the Asset Purchase Agreement (an “ OCS Claim Amount ”), and such amount has not been paid, the Purchaser (on its own behalf or on behalf of any other Person to whom such amount is to be paid) may request a disbursement, subject to Article 3 hereof, from the Escrow Account in payment of such amount, or a portion thereof, if any, by delivering to the Escrow Agent and the Seller a written notice (a “ Purchaser Payment Request ”) which specifies the Indemnification Claim Amount, the Elop Claim Amount, the United Mizrachi Bank Claim Amount or the OCS Claim Amount, as the case may be, and which may include instructions to the Escrow Agent to sell Escrow Shares on behalf of the Seller in customary broker transactions on the OTC Bulletin Board (or wherever the Common Stock is then listed or quoted for trading) in an amount equal to the Indemnification Claim Amount, the Elop Claim Amount, United Mizrachi Bank Claim Amount or the OCS Claim Amount, as the case may be, and to wire the proceeds from such sale to the account of the Purchaser set forth in the Purchaser Payment Request. Each Purchaser Payment Request shall be accompanied by a representation to the Escrow Agent that a copy of such Purchaser Payment Request has been provided to the Seller.
Disbursement Request. Borrower shall have submitted to the Committee a written request for disbursement (“Disbursement Request”) in form and substance as set forth on Exhibit F, attached hereto and incorporated herein by this reference. Disbursement Requests shall be made by the persons listed in Exhibit F, who have been authorized by Borrower to request such disbursements until such time as written notice of Borrower's revocation of such authority is received by the Committee and acknowledged. Disbursement Requests may include Eligible Costs previously funded by the Construction Lender.
Disbursement Request. To request LENDER a disbursement under the Credit Facility, BORROWER must send by reliable means and to LENDER’S satisfaction:
Disbursement Request. Pursuant to that certain Escrow Agreement dated effective as of October 26, 2007 by and among Fushi International, Inc., Xxxx Capital Partners, LLC and Tri-State Title & Escrow, LLC, Fushi International, Inc. and Xxxx Capital Partners, LLC hereby requests disbursement of funds in the amount and manner described below from account number 0000000, styled Tri-State Title & Escrow, LLC Escrow Account. Please disburse to: ________________________________ Amount to disburse: ________________________________ Form of distribution: ________________________________ Payee: Name: ________________________________ Address: ________________________________ City/State: ________________________________ Zip: ________________________________ Please disburse to: ________________________________ Amount to disburse: ________________________________ Form of distribution: ________________________________ Payee: Name: ________________________________ Address: ________________________________ City/State: ________________________________ Zip: ________________________________ Subscriptions Accepted From Subscriber Amount ___________________________ __________________________ ___________________________ __________________________ ___________________________ __________________________ ___________________________ __________________________ Total: __________________________ Statement of event or condition which calls for this request for disbursement: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ FUSHI INTERNATIONAL, INC. By: _________________________ Name: ________________________ Title: _________________________ Date: _________________________ XXXX CAPITAL PARTNERS, LLC By: __________________________ Name: ________________________ Title: _________________________ Date: _________________________
Disbursement Request. “Disbursement Request” means a requisition submitted from time to time to the Members by the Development Manager to fund costs incurred in connection with predevelopment, development, construction and marketing activities of the Project pursuant to the Development Plan and the Development Management Agreement and which shall state the date on which the funds requested are to be contributed (or loan proceeds drawn), which date shall not be less than five (5) business days following the receipt of such Disbursement Request by the Members. 1.44 Electing Member. “Electing Member” shall have the meaning set forth in Section 11.1 of this Agreement. 1.45
Disbursement Request. The Administrative Agent shall have received a duly executed and completed Disbursement Request.
Disbursement Request. IDB has received a Disbursement Request with respect to the Disbursement in accordance with Section 3.2 (Disbursement Procedure), together with a receipt substantially in the form of Exhibit 2 (Form of Disbursement Receipt). The Disbursement Request shall evidence use of proceeds by each Borrower in sufficient detail satisfactory to IDB and in compliance with Section 6.1.1 (Use of Proceeds).
Disbursement Request. A request for disbursement of Grant funds must be submitted by Grantee using the Appendix D disbursement request form, together with supporting documentation (a “Disbursement Request”). All requests shall be supported by properly executed vouchers/invoices or other records indicating in proper detail the nature and propriety of the charge, together with evidence of payment and such other supporting documentation as Authority may require in its reasonable exercise of judgment. All Disbursement Requests must be submitted by Grantee to Authority no later than 120 days after the Event End Date.
Disbursement Request. Borrower shall have submitted to Lender a written request for disbursement (“Disbursement Request”) in form and substance as set forth on Exhibit F, attached hereto and incorporated herein by this reference. Disbursement Requests shall be made by the persons listed in Exhibit F, who have been authorized by Borrower to request such disbursements until such time as written notice of Borrower's revocation of such authority is received by Xxxxxx and acknowledged.
Disbursement Request. Borrower shall submit to Lender one (1) Disbursement Request for both Projects including Borrower’s Requisition in the form attached hereto as Exhibit B (“Borrower’s Requisition”), not less than twelve (12) Business Days prior to the proposed Disbursement date and no more frequently than once in each calendar month, which shall constitute Borrower’s representation and warranty to Lender that: (a) any completed construction is substantially in accordance with the Plans and Specifications, (b) all costs for which Lender has previously authorized Disbursement of funds have in fact been paid, (c) all the representations and warranties contained in Article IV of this Agreement continue to be true and correct in all material respects, except for such changes in facts and circumstances as shall have occurred in the ordinary course of business and which do not otherwise give rise to or constitute an Event of Default, (d) to Borrower’s knowledge, no Event of Default shall have occurred and be continuing hereunder, and (e) to Borrower’s knowledge, Borrower continues to be in compliance in all material respects with all of the other terms, covenants and conditions contained in this Agreement. In connection with any Disbursements of the unadvanced portion of the Loan, Borrower’s Requisition shall additionally include the information outlined in Section 2.8.1(b) hereof. With regard to all Disbursements, each Borrower’s Requisition shall also include a certification from Borrower that all prior Disbursements of Useable Unit Sale Contract Deposits from Escrow Funds have been utilized in accordance with applicable Legal Requirements, the Tri-Party Agreement, the Unit Sale Contracts, the Public Report, the Property Report, the Filed Budget and this Agreement. With regard to Disbursements for Hard Costs, Borrower’s Requisition shall be accompanied by:
