Example ContractsClausesAccount Balance
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Participant’s Account Balance. The Account balance as of the last valuation date in the calendar year immediately preceding the Distribution Calendar Year (valuation calendar year) increased by the amount of any contributions made and allocated or forfeitures allocated to the Account balance as of dates in the valuation calendar year after the valuation date and decreased by distributions made in the valuation calendar year after the valuation date. The Account balance for the valuation calendar year includes any amounts rolled over or transferred to the Plan either in the valuation calendar year or in the Distribution Calendar Year if distributed or transferred in the valuation calendar year.

Interest on Account Balance. Deferred fees will be credited with interest, compounded annually, at a per annum rate equal to 1% above the New York Federal Reserve Bank discount rate in effect on December 31 of each calendar year.

Balance in the Replacement Reserve Account. The insufficiency of any balance in the Replacement Reserve Account shall not relieve from its obligation to perform all Replacements reasonably required and to fulfill all preservation and maintenance covenants in the Loan Documents.

Capital Balance. The Initial Capital Contribution made by a Partner in cash and the fair market value of any contributions in kind, (as set forth in this Agreement), as reduced from time to time by all cash distributions to such Partner which, pursuant to the terms of this Agreement, are in reduction of a Partner’s Capital Balance.

Note Balance. To clarify the computation of the Principal Sum due to the Investor under the Note, immediately following the Investor's payment of of Consideration on the Effective Date of the Note, the Principal Sum shall be equal to divided by and multiplied by , for a Principal Sum of . A one-time Interest Charge of 12% shall be applied to the Principal Sum such that the outstanding Principal Sum and Interest on the initial payment of Consideration shall be .

Inventory turns

Additional Capital Balance. The Additional Capital Contributions, if any, of the General Partner, as reduced from time to time by all cash distributions to such General Partner which, pursuant to the terms of this Agreement, are in reduction of the General Partner’s Additional Capital Balance, and as increased from time to time by any contributions of the General Partner which are Additional Capital Contributions.

FDOC Cash Balance. FDOC shall have at least in cash on hand (the “Available Cash”) in a secure bank account in FDOC’s name, which shall be readily available upon the Closing Date, and which shall exclude any expenses incurred in connection with the execution of the Agreement or any other transactions contemplated hereby.

Company Cash Balance. The Company shall have at least in cash on hand (the “Company Cash”) in a secure bank account in the Company’s name, which shall be readily available upon the Closing Date; provided, however, that the following liabilities of the Company may be deducted from the Company Cash: # all transaction expenses incurred in connection with the execution of the Agreement and the Exchange, # all loans made by to the Company during 2022 until the Closing and # investments or loans made by the Company to its affiliate, Revoltz.

Company Cash Balance. The Company shall have at least in cash on hand (the “Company Cash”) in a secure bank account in the Company’s name, which shall be readily available upon the Closing Date; provided, however, that the following liabilities of the Company may be deducted from the Company Cash: # all transaction expenses incurred in connection with the execution of the Agreement and the Exchange, # all loans made by to the Company during 2022 until the Closing and # investments or loans made by the Company to its affiliate, Revoltz.

Account.Account” means the separate bookkeeping account representing the separate unfunded and unsecured general obligation of the Participating Employers established with respect to each person who is a Participant in this Plan. Within each Participant’s Account, separate subaccounts shall be maintained to the extent the Plan Administrator determines it to be necessary or desirable for the administration of this Plan.

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“Collateral Account Balance” shall mean the aggregate of the Collateral Account Unit Balance and the Collateral Account Cash Balance.

Off-Balance Sheet Arrangements. Except as set forth in [Schedule 2.8(g)] of the Company Schedules, neither the Company nor any Subsidiary has entered into any material off-balance sheet transactions.

Off-Balance Sheet Arrangements. There are no transactions, arrangements and other relationships between and/or among the Company, and/or, to the knowledge of the Company, any of its affiliates and any unconsolidated entity, including, but not limited to, any structured finance, special purpose or limited purpose entity (each, an “Off Balance Sheet Transaction”) that would affect materially the Company’s liquidity or the availability of or requirements for its capital resources, including those Off Balance Sheet Transactions described in the Commission’s Statement about Management’s Discussion and Analysis of Financial Conditions and Results of Operations (Release Nos. 33-8056; 34-45321; FR-61), required to be described in the Registration Statement or the Prospectus which have not been described as required.

NOTE: Executed copies of each of the above agreements are available in the data room.

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Collection Account; Reserve Account. The Servicer shall not create or participate in the creation of, or permit to exist, any Liens (other than Permitted Liens) with respect to the Collection Account or the Reserve Account. The Servicer shall not grant the right to take dominion or “control” (as defined in the relevant UCC) at a future time or upon the occurrence of a future event to any Person with respect to such Collection Account or the Reserve Account.

Each Borrower agrees that the Company will, on behalf of itself and the Subsidiary Borrower, upon the request of the Administrative Agent or the Required Lenders and until the final expiration date of any Letter of Credit and thereafter as long as any amount is payable to the Issuing Banks or the Revolving Loan Lenders in respect of any Letter of Credit, maintain one or more special collateral accounts pursuant to arrangements satisfactory to the Administrative Agent (all such accounts, collectively, the “L/C Collateral Account”) at the Administrative Agent’s office at the address specified pursuant to [Article XIV], in the name of the Company but under the sole dominion and control of the Administrative Agent, for the benefit of the Holders of Secured Obligations, and in which no Borrower shall have any interest other than as set forth in [Section 9.1]. Each Borrower hereby pledges, assigns and grants to the Administrative Agent, on behalf of and for the ratable benefit of the Holders of Secured Obligations, a security interest in all of such Borrower’s right, title and interest in and to all funds which may from time to time be on deposit in the L/C Collateral Account to secure the prompt and complete payment and performance of the Obligations. The Administrative Agent will invest any funds on deposit from time to time in the L/C Collateral Account in certificates of deposit of JPMCB having a maturity not exceeding 30 days. Nothing in this [Section 3.11(A)] shall either obligate the Administrative Agent to require any Borrower to deposit any funds in the L/C Collateral Account or limit the right of the Administrative Agent to release any funds held in the L/C Collateral Account in each case other than as required by [[Section 2.4(B) or 9.1]1]]1] or this [Section 3.11]. In addition, and without limiting the foregoing or [Section 3.3(B)] of this Section, if any L/C Obligations remain outstanding after the expiration date specified in said [Section 3.3(B)], the Borrowers shall immediately deposit into the L/C Collateral Account an amount in cash equal to one hundred five percent (105%) of such L/C Obligations as of such date.

Operating Account. From time to time, may provide funds to for deposit to an interest bearing account (the “Operating Account”) in accordance with this [Section 9]. The Operating Account shall be a subaccount of an interest-bearing savings account (the “Omnibus Account”) maintained by as agent for the benefit of and other sellers of mortgage related assets with a bank determined by its sole discretion (the “Depository”). The shall have non-exclusive withdrawal rights from the Operating Account. acknowledges that acts as ’s agent for the limited purpose of placing funds with the Depository, and that funds held by as ’s agent are not a deposit account or other liability of . shall maintain records of ’s interest in the funds maintained in the Omnibus Account. Withdrawals may be paid by wire transfer or any other means chosen by from time to time in its sole discretion.

Simultaneously with the occurrence of Completion of the Project, shall enter into a Lockbox Agreement with a Lockbox Bank selected by and acceptable to . Thereafter, shall maintain the Lockbox Account for the term of the Loan, which Lockbox Account shall be under the sole dominion and control of (subject to the terms hereof and of the Lockbox Agreement). Pursuant to the terms of the Lockbox Agreement, the Lockbox Bank shall, at the direction of (which may not be given until the first commencement of a Trigger Period hereunder), establish the Lockbox Account, which Lockbox Account shall be under the sole dominion and control of (subject to the terms hereof and of the Lockbox Agreement); once established, shall maintain the Lockbox Account for the term of the Loan. The Lockbox Account shall have a title evidencing the foregoing in a manner acceptable to . hereby grants to a first-priority security interest in the Lockbox Account and all deposits at any time contained therein and the proceeds thereof and will take all actions necessary to maintain in favor of a perfected first priority security interest in the Lockbox Account. hereby authorizes to file Financing Statements and continuations thereof to perfect ’s security interest in the Lockbox Account and all deposits at any time contained therein and the proceeds thereof. All costs and expenses for establishing and maintaining the Lockbox Account (or any successor thereto) shall be paid by . All monies now or hereafter deposited into the Lockbox Account shall be deemed additional security for the Debt. shall not alter or modify either the Lockbox Account or the Lockbox Agreement, in each case without the prior written consent of . The Lockbox Agreement shall provide (and shall provide) online access to bank and other financial statements relating to the

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