Commitment Account definition
Examples of Commitment Account in a sentence
Furthermore, the amount, if any, that remains on deposit in the Commitment Account or the undrawn face amount, if any, of your Commitment LC, as applicable, on July 15, 2010 shall be deemed to be Invested Capital contributed by you to the Company solely for the purpose of calculating Carried Interest distributable to the Class B Member in respect of your Interest.
Furthermore, you agree to fund such Commitment Account with an amount equal to your Available Commitment, as determined pursuant to paragraph 29, below, on the date notified in writing by the Managing Member to you so long as such notice is received by you not more than fifteen (15) Business Days and not fewer than ten (10) Business Days prior to such funding date.
You and the Managing Member hereby agree that a Commitment Account shall be established in respect of your Interest with Deutsche Bank National Trust Company, for which Deutsche Bank National Trust Company will serve as escrow agent.
The Supplemental Team Financial Commitment shall be set aside in accordance with the Supplemental TeamCo Allocations, with the Team disbursing $1,044,444.47 per year during the Term from the TeamCo Financial Commitment Account to such Supplemental TeamCo Allocations.
In addition, the Fund shall, upon receipt, deposit into the Capital Commitment Account any payments and monies which it receives directly from the Members as Contributed Capital.
The Fund shall not direct any Member to make payments to the capital of the Fund as Contributed Capital to any account other than the Capital Commitment Account, unless the Lender has provided its prior written consent.
Subject to Section 3.1(h)(iv), any Existing Consortium Member that did not previously fund any amounts into a Commitment Account (each, a “True-Up Member”) shall not be required to make a DIP Loan Contribution in connection with the acquisition of the DIP Loan Investment.
Furthermore, the amount, if any, that remains on deposit in the Commitment Account or the undrawn face amount, if any, of the Commitment LC of the Future Fund Member, as applicable, on October 1, 2010 shall be deemed to be Invested Capital contributed by the Future Fund Member to the Company solely for the purpose of calculating Carried Interest distributable to the Class B Member in respect of the Interest of the Future Fund Member.
Any Partner may at any time, with two (2) Business Days prior written notice to the General Partner, elect to establish a Commitment LC pursuant to Section 3.1(g), and the General Partner shall thereafter return to such Partner all funds remaining in the related Commitment Account in accordance with clause (vi), below.
Each Partner agrees that any Commitment Account held in respect of its Interest shall be governed by an escrow agreement (the “Escrow Agreement”) substantially similar to the Form of Escrow Agreement attached hereto as Exhibit A.