Books of Account; Statements Clause Samples

Books of Account; Statements. Depositary shall maintain books of account and record therein all deposits into and transfers to and from the Accounts and all investment transactions effected by Depositary pursuant to the terms hereof, and any such recordation shall constitute prima facie evidence of the information recorded. Not later than the fifth Banking Day of each month after the Financial Closing Date, Depositary shall deliver to Borrower, with a copy to Collateral Agent, a statement setting forth the transactions in each Account during the preceding month (including, without limitation, deposits, withdrawals and transfers from and to such Account) and specifying the Project Revenues, Insurance Proceeds, equity contributions, Permitted Investments, investment income earned and other amounts held in each such Account at the close of business on the last Banking Day of the preceding month. In addition, Depositary shall promptly respond (during normal business hours) to requests by Collateral Agent or Borrower for information regarding deposits, investments and transfers into, in respect of and among Accounts.

Books of Account; Statements. (a) The Administrative Agent ---------------------------- shall maintain books of account on a cash basis and record therein all deposits into and transfers to and from the Accounts and all investment transactions effected by the Administrative Agent pursuant to Section 8.22 and any such ------------ recordation shall constitute prima facie evidence of the information recorded. ----- ----- (b) Not later than the tenth Business Day of each month, commencing with the first month to occur after the earlier of (i) the date the United States to United Kingdom Segment of the System becomes operational and (ii) the receipt of Net Cash Proceeds or Casualty Proceeds, the Administrative Agent shall deliver to the Borrower a statement setting forth the transactions in each Account during the preceding month and specifying the System Revenues, Net Cash Proceeds, Special Payments, Casualty Proceeds, cash equivalents and other amounts held in each Account at the close of business on the last Business Day of the preceding month; provided that the Administrative Agent shall promptly -------- respond (during normal business hours) to requests by the Borrower concerning information regarding deposits, investments and transfers in and among the Accounts.

Books of Account; Statements. The Collateral Trustee shall maintain books of account on a cash basis and record therein all deposits into and transfers to and from the Accounts and all investment transactions effected by the Collateral Trustee pursuant to Section 8.27 and any such recordation shall constitute PRIMA FACIE evidence of the information recorded.

Books of Account; Statements. (a) The Disbursement Trustee shall maintain books of account on a cash basis and record therein all deposits into and transfers to and from the Accounts and all investment transactions effected by the Disbursement Trustee pursuant to Article VI. The Disbursement Trustee shall make such books of account available during normal business hours for inspection and audit by the Borrower and the Lender and their respective representatives. (b) Not later than 10 Business Days after each Monthly Distribution Date, the Disbursement Trustee shall deliver to each of the parties hereto, a statement setting forth the transactions into and out of each Account since the previous Monthly Distribution Date and specifying the revenues, cash, payments, securities, investments and other amounts held in each Account at the close of business on such Monthly Distribution Date and the Value thereof at such time.

Books of Account; Statements. (a) The Offshore Depositary Bank shall maintain the books of account with respect to the Offshore Accounts on a cash basis and record therein all deposits into and transfers to, from and between the Offshore Accounts and all investment transactions effected by the Offshore Depositary Bank, pursuant to Articles IV and VI hereof. The Onshore Collateral Agent shall maintain the books of account with respect to the Onshore Account on a cash basis and record therein all deposits into and transfers to and from the Onshore Account. The Offshore Depositary Bank or the Onshore Collateral Agent, as applicable, shall make such books of account available during normal business hours for inspection and audit by the Creditor Representatives and the Borrower and their respective representatives at their expense upon reasonable prior notice. (b) Not later than the fifth (5th) Business Day after the end of each calendar month, the Offshore Depositary Bank and the Onshore Collateral Agent shall provide to the Offshore Collateral Agent, the Facility Administrative Agent, the Intercreditor Agent, the Note Trustee and the Borrower a statement specifying the amounts held in, and the monthly activity for, each Account at the close of business on the last day of such calendar month. The Offshore Depositary Bank and the Onshore Collateral Agent shall promptly send copies of all statements, confirmations and other correspondence concerning the Accounts and any other Account Collateral simultaneously to the Offshore Collateral Agent, the Onshore Collateral Agent, if applicable, the Facility Administrative Agent, the Intercreditor Agent, the Note Trustee and the Borrower. Notwithstanding the foregoing, the Borrower and each other party hereto hereby agrees that any delay in giving, or any failure to give, any statement, confirmation or other correspondence referenced in this Section 3.10

Books of Account; Statements. The Collateral Agent shall maintain books of account on a cash basis and record therein all deposits into and transfers to, from and between the Accounts and all investment transactions effected by the Collateral Agent, pursuant to Article V hereof. The Collateral Agent shall make such books of account available during normal business hours for inspection and audit by Holdco and the Secured Parties and their respective representatives upon reasonable prior notice.

Books of Account; Statements. The Accounts Bank shall maintain records of all deposits into and transfers to and from the Accounts and all investment transactions effected by the Accounts Bank pursuant to the terms hereof, and any such recordation shall constitute prima facie evidence of the information recorded. No later than the tenth (10th) Business Day of each month after the date hereof, the Accounts Bank shall deliver to the Borrower and, if an Event of Default has occurred and is continuing, to the Common Security Trustee (and the Common Security Trustee shall then deliver a copy to each Secured Debt Holder Group Representative), a statement setting forth the transactions in each Account during the preceding month (including deposits, withdrawals and transfers from and to such Account) and specifying the investment income received and other amounts held in each such Account at the close of business on the last Business Day of the preceding month. In addition, the Accounts Bank shall promptly respond (during normal business hours) to requests by the Common Security Trustee and the Borrower for information regarding deposits, investments and transfers into, in respect of and among Accounts and balances in the Accounts. The Accounts Bank shall provide the Common Security Trustee and the Borrower with online access to review all account activities of the Accounts (subject, in each case, to any customary registration requirements of the Accounts Bank).

Books of Account; Statements. (a) The Disbursement Agent ---------------------------- shall maintain books of account on a cash basis and record therein all deposits into and transfers to and from the Accounts and all investment transactions effected by the Disbursement Agent pursuant to Article XIV. The Disbursement Agent shall make such books of account available during normal business hours for inspection and audit by Lessor, Lessee, Bond Trustee, and the Agent. (b) Not later than the 15th day following each Payment Date (or the next succeeding Business Day if such day is not a Business Day), the Disbursement Agent shall deliver to each of the parties hereto a statement setting forth the transactions into and out of each Account since the previous Payment Date and on the Payment Date for such period and specifying the revenues, cash, insurance proceeds, condemnation proceeds, payments, securities, investments and other amounts held in each Account at the close of business on such Payment Date and the amount thereof at such time.

Books of Account; Statements. (a) The Disbursement Agent and the DSRA Agent will maintain books of account on a cash basis and record therein all deposits into and transfers to and from the Security Accounts and all investment transactions effected by the Disbursement Agent or the DSRA Agent, as the case may be, all in accordance with its normal record-keeping practices. The Disbursement Agent and the DSRA Agent will make such books of account available during normal business hours for inspection and audit by the Administrative Agent, Borrower and their respective representatives. (b) Not later than the tenth Business Day of each month during the term of this Disbursement Agreement, the Disbursement Agent and the DSRA Agent will deliver to each of the other parties hereto a statement setting forth the transactions into and out of each applicable Security Account during the preceding month and specifying the amounts held in each applicable Security Account at the close of business on the last Business Day of such preceding month. In addition, the Disbursement Agent will promptly notify Borrower in writing of each deposit into the Project Revenues Account, including the payor and the date and amount of each such deposit.