[[Organization B:Organization]] shall maintain, in accordance with its customary procedures, a loan account ("[[Organization A:Organization]]' Account") in the name of [[Organization A:Organization]] in which shall be recorded the date and amount of each Advance made by [[Organization B:Organization]] and the date and amount of each payment in respect thereof; provided, however, the failure by [[Organization B:Organization]] to record the date and amount of any Advance shall not adversely affect [[Organization B:Organization]] or any [[Organization C:Organization]]. Each month, [[Organization B:Organization]] shall send to Borrowing [[Organization B:Organization]] a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between [[Organization B:Organization]] and [[Organization A:Organization]] during such month. The monthly statements shall be deemed correct and binding upon [[Organization A:Organization]] in the absence of manifest error and shall constitute an account stated between Lenders and [[Organization A:Organization]] unless [[Organization B:Organization]] receives a written statement of [[Organization A:Organization]]' specific exceptions thereto within thirty (30) days after such statement is received by Borrowing [[Organization B:Organization]]. The records of [[Organization B:Organization]] with respect to the loan account shall be conclusive evidence absent manifest error of the amounts of Advances and other charges thereto and of payments applicable thereto.
Primary Concentration Account. Commencing with the date that is six months after the Effective Date (or such longer period as Lender may agree in its discretion), Borrower will maintain its Primary Concentration Account with Lender.
Deferred Compensation Account. Interest shall be credited on the balance of each participating Director’s Deferred Compensation Account commencing with the date as of which any amount is credited to the Deferred Compensation Account and continuing up to the last day of the quarter preceding the month in which payment of the amounts deferred pursuant to the Plan is made. Such interest shall become a part of the Deferred Compensation Account and shall be paid at the same time or times as the balance of the Deferred Compensation Account. For periods prior to July 1, 2008, such interest for each calendar quarter during the deferral period shall be computed at seventy percent (70%) of the higher of the following averages: # the prime rate charged by the major commercial banks as of the first business day of each calendar month (as reported in an official publication of the Federal Reserve System), or # the average monthly long-term rate of A rated corporate bonds (as published in Moody’s Bond Record). For periods on and after July 1, 2008, interest shall be credited at one-hundred twenty percent (120%) of the long-term applicable federal rate, with quarterly compounding, as published under Section 1274(d) of the Code for the first month of the calendar quarter.
BioThrax Receivables Account. Maintain the BioThrax Receivables Account with # a Lender or # another depository bank that is not a Lender, subject to a customary Account Control Agreement in favor of the Administrative Agent.
NuThrax Receivables Account. Once NuThrax has obtained either # full FDA approval or # FDA emergency use authorization pursuant to [Section 564] of the FFDCA, maintain each NuThrax
Stock Unit Account. In the case of cash deferrals, the account will be credited with the number of shares of Common Stock that the amount deferred could have purchased at the Fair Market Value on the date the Non-Employee Director’s cash compensation is payable. In the case of a credit to the Stock Unit Account in lieu of the grant of Restricted Stock described in Section 4(a) or 4(d), the account will be credited with the number of shares of Common Stock otherwise applicable to the grant of Restricted Stock subject to the same vesting conditions otherwise applicable to such Restricted Stock. Thereafter, any dividends earned will be treated as if those dividends had been invested in additional shares of Common Stock at the Fair Market Value on the date the dividend is payable. Vested amounts credited to the Stock Unit Account shall be distributed in shares of Common Stock either in a single payment or in substantially equal annual installments (over a period not to exceed 15 years), as specified by the Non-Employee Director on the deferral election form. Any fractional shares will be paid in cash. If a Non-Employee Director fails to specify the manner in which the Stock Unit Account shall be distributed, then it shall be distributed in a single payment.
ARTICLE # -- INVESTMENT FUNDS 11
Stock Fund Account. Subject to the provisions of Sections 5 and 8.1, as of the last day of each Plan Year, the Trustee shall credit to each Participant’s Stock Fund Account: # the Participant’s allocable share of Stock purchased by the Trustee or contributed by the Employer to the Trust Fund for that year; # the Participant’s allocable share of the Stock that is released from the Unallocated Stock Fund for that year; # the Participant’s allocable share of any forfeitures of Stock arising under the Plan during that year; and # any stock dividends declared and paid during that year on Stock credited to the Participant’s Stock Fund Account.
Distribution of Account. The Company shall distribute amounts from the Participant’s Deferred Compensation Account and the Deferred Stock Account in the manner and on the date(s) applicable under this Section 6. If the payment option described in [Section 6(a)(i)] hereof is applicable, the amount of the lump sum shall be calculated using the valuation of the applicable portion of the Participant’s Account as of the December 31 preceding the date of the payment. If the payment option described in [Section 6(a)(ii)] hereof is applicable, the amount of each installment shall be calculated using the valuation of the applicable portion of the Participant’s Account as of the December 31 preceding the date of the installment payment divided by the number of installment payments that have not yet been made.
Deferred Compensation Account. Except with respect to Deferred Amounts which a Monthly Deferral Participant elects to have credited in Shares in accordance with [subsection 5.2] hereof, the Deferred Amount shall be denominated in U.S. dollars and credited to the Participant's Deferred Compensation Account pursuant to [subsection 7.1] hereof.
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