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Disbursement Agreement
Disbursement Agreement (92K)
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DISBURSEMENT AGREEMENT
This DISBURSEMENT AGREEMENT, dated April 13, 2006 (as amended,
modified or supplemented, this "DISBURSEMENT AGREEMENT"), is by and among
PACIFIC ETHANOL MADERA LLC, a Delaware limited liability company ("BORROWER"),
HUDSON UNITED CAPITAL, A DIVISION OF TD BANKNORTH, N.A., a national banking
association, as administrative agent for the Lenders (as defined below)
(together with its successors and assigns, the "ADMINISTRATIVE AGENT"), COMERICA
BANK, a national banking association, as . . .
1192535
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Comerica Bank
As referenced in this Disbursement Agreement:
COMERICA
BANK, – CAPITAL, A DIVISION OF TD BANKNORTH, N.A., a national banking
association, as administrative agent for the Lenders (as defined below)
(together with its successors and assigns, the "ADMINISTRATIVE AGENT"), COMERICA
BANK, a national banking association, as disbursement agent (together with its
successors and assigns, the "DISBURSEMENT AGENT"), WEALTH MANAGEMENT GROUP OF TD
BANKNORTH, N.A., a national banking association, as _____________
COMERICA BANK, – AGENT"), WEALTH MANAGEMENT GROUP OF TD
BANKNORTH, N.A., a national banking association, as the debt service reserve
account agent (together with its successors and assigns, the "DSRA AGENT"), and
COMERICA BANK, a national banking association, and WEALTH MANAGEMENT GROUP OF TD
BANKNORTH, N.A., a national banking association, as securities intermediaries,
banks and depositary agents (together with their successors and _____________
Comerica Bank
– A.
101 Post Road East
Westport, Connecticut 06880
Attention: Mr. Jerome P. Peters, Jr.
Telephone: (203) 291-6639
Facsimile: (203) 291-6652
For Disbursement Agent (and the associated Securities Intermediary):
Comerica Bank
5200 N. Palm Avenue
Suite 320
Fresno, California 93704
Attention: Mr. Robert J. Harlan
Telephone: (559) 244-3928
Facsimile: (559) 244-3909
For DSRA Agent (and the associated Securities _____________
COMERICA BANK, – Title:
HUDSON UNITED CAPITAL, A DIVISION OF TD BANKNORTH,
N.A.,
as the Administrative Agent
By /S/ JEROME P. PETERS, JR.
-----------------------------------------
Name: Jerome P. Peters, Jr.
Title: Senior Vice President
COMERICA BANK,
as the Disbursement Agent
By /S/ ROBERT J. HARLAN
-----------------------------------------
Name: Robert J. Harlan
Title: Vice President
WEALTH MANAGEMENT GROUP OF TD BANKNORTH, N.A.,
as the DSRA Agent
By / _____________
COMERICA BANK, – Vice President
26
<PAGE>
WEALTH MANAGEMENT GROUP OF TD BANKNORTH, N.A.,
as Securities Intermediary
By /S/ JAMES N. DONALDSON
-----------------------------------------
Name: James N. Donaldson
Title: Senior Vice President
COMERICA BANK,
as Securities Intermediary
By /S/ ROBERT J. HARLAN
-----------------------------------------
Name: Robert J. Harlan
Title: Vice President
27
<PAGE>
<TABLE>
<S> <C>
Exhibit _____________
dt 1424274
|
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Disbursement Agreement
Disbursement Agreement (55K)
Doc #2095293: Click preview link for longer preview.
DISBURSEMENT AGREEMENT
among
WELLS FARGO BANK, NATIONAL ASSOCIATION,
as the Disbursement Agent,
WELLS FARGO BANK, NATIONAL ASSOCIATION,
as the Trustee,
and
IDLEAIRE TECHNOLOGIES CORPORATION,
as the Issuer
Dated as of December 30, 2005
TABLE OF CONTENTS
1. Definitions.
2
1.1 Defined Terms
2
1.2 Additional Defined Terms
4
1.3 Rules of Interpretation
5
. . .
2095293
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McGraw-Hill Companies
As referenced in this Disbursement Agreement:
McGraw-Hill Companies, Inc – e.g., completion benchmarks or required to release to a subcontractor) have been achieved under the Contract.
S&P means Standard & Poors Ratings Services, a division of The McGraw-Hill Companies, Inc ., and its successors; provided, that any reference to a particular rating by S&P shall be construed to apply to the corresponding rating of any successor.
Supporting Documentation _____________
dt 1519974
|
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Disbursement Agreement
Disbursement Agreement (346K)
Doc #2306142: Click preview link for longer preview.
DISBURSEMENT AGREEMENT
among
VML US FINANCE LLC,
VENETIAN COTAI LIMITED,
VENETIAN MACAU LIMITED,
and
ANY ADDITIONAL COTAI SUBSIDIARY PARTY HERETO,
jointly and severally as the Company,
THE BANK OF NOVA SCOTIA, as the Bank Agent,
and
THE BANK OF NOVA SCOTIA, as the Disbursement Agent
TABLE OF CONTENTS
PAGE
ARTICLE 1. ? DEFINITIONS; RULES OF INTERPRETATION
2
1.1 . . .
2306142
|
Nova Scotia
As referenced in this Disbursement Agreement:
BANK OF NOVA SCOTIA, – Exhibit 10.2
DISBURSEMENT AGREEMENT
among
VML US FINANCE LLC,
VENETIAN COTAI LIMITED,
VENETIAN MACAU LIMITED,
and
ANY ADDITIONAL COTAI SUBSIDIARY
PARTY HERETO,
jointly and severally as the Company,
THE BANK OF NOVA SCOTIA,
as the Bank Agent,
and
THE BANK OF NOVA SCOTIA,
as the Disbursement Agent
TABLE OF CONTENTS
PAGE
ARTICLE 1. DEFINITIONS; RULES OF INTERPRETATION
2
1.1 Definitions
2
_____________
BANK OF NOVA SCOTIA, – VENETIAN COTAI LIMITED,
VENETIAN MACAU LIMITED,
and
ANY ADDITIONAL COTAI SUBSIDIARY
PARTY HERETO,
jointly and severally as the Company,
THE BANK OF NOVA SCOTIA,
as the Bank Agent,
and
THE BANK OF NOVA SCOTIA,
as the Disbursement Agent
TABLE OF CONTENTS
PAGE
ARTICLE 1. DEFINITIONS; RULES OF INTERPRETATION
2
1.1 Definitions
2
1.2 Rules of Interpretation
2
1.3 Conflict with _____________
BANK OF NOVA SCOTIA, – of the Peoples Republic of China (VML and, jointly and severally with the Borrower, Cotai Subsidiary and any Additional Cotai Subsidiary from time to time party hereto, the Company), THE BANK OF NOVA SCOTIA, as the initial Disbursement Agent, and THE BANK OF NOVA SCOTIA, as the initial Bank Agent.
RECITALS
A. VML currently owns and operates the Sands Macao Casino pursuant to _____________
BANK OF NOVA SCOTIA, – with the Borrower, Cotai Subsidiary and any Additional Cotai Subsidiary from time to time party hereto, the Company), THE BANK OF NOVA SCOTIA, as the initial Disbursement Agent, and THE BANK OF NOVA SCOTIA, as the initial Bank Agent.
RECITALS
A. VML currently owns and operates the Sands Macao Casino pursuant to the Gaming Sub-Concession Contract (such capitalized terms and other capitalized _____________
Bank of Nova Scotia, – 2.3.1 Term Loans Disbursement Account. A US Dollars-denominated account (account number 03096-13) has been established in the name of the Borrower in New York at The Bank of Nova Scotia, as Financial Institution, pursuant to the US Collateral Account Agreement (the Term Loans Disbursement Account). There shall be deposited into the Term Loans Disbursement Account: (i) all funds received _____________
dt 1565792
;
Citigroup Global
As referenced in this Disbursement Agreement:
CITIGROUP GLOBAL MARKETS, INC – Agent, BANCO NACIONAL ULTRAMARINO, S.A. (BNU) and SUMITOMO MITSUI BANKING CORPORATION, as co-documentation agents, and GOLDMAN SACHS CREDIT PARTNERS L.P. (Goldman), LEHMAN BROTHERS INC. (Lehman Brothers), and CITIGROUP GLOBAL MARKETS, INC . (Citi) as co-syndication agents (in such capacity, the Co-Syndication Agents), Joint Lead Arrangers
1
and Joint Bookrunners (in such capacity, the Arrangers), and the Lenders are, simultaneously _____________
dt 1574882
;
|
GS Credit
As referenced in this Disbursement Agreement:
GOLDMAN SACHS CREDIT PARTNERS L. – VML by the government of Macau SAR;
F. VML, the Borrower, the Bank Agent, BANCO NACIONAL ULTRAMARINO, S.A. (BNU) and SUMITOMO MITSUI BANKING CORPORATION, as co-documentation agents, and GOLDMAN SACHS CREDIT PARTNERS L. P. (Goldman), LEHMAN BROTHERS INC. (Lehman Brothers), and CITIGROUP GLOBAL MARKETS, INC. (Citi) as co-syndication agents (in such capacity, the Co-Syndication Agents), Joint Lead Arrangers
1
and Joint _____________
dt 1553467
;
Lehman Brothers
As referenced in this Disbursement Agreement:
LEHMAN BROTHERS INC – F. VML, the Borrower, the Bank Agent, BANCO NACIONAL ULTRAMARINO, S.A. (BNU) and SUMITOMO MITSUI BANKING CORPORATION, as co-documentation agents, and GOLDMAN SACHS CREDIT PARTNERS L.P. (Goldman), LEHMAN BROTHERS INC . (Lehman Brothers), and CITIGROUP GLOBAL MARKETS, INC. (Citi) as co-syndication agents (in such capacity, the Co-Syndication Agents), Joint Lead Arrangers
1
and Joint Bookrunners (in such capacity, _____________
dt 1514682
|
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 | 2004 |
Disbursement Agreement
Disbursement Agreement (67K)
Doc #1146724: Click preview link for longer preview.
<TEXT>
DISBURSEMENT AGREEMENT
This Disbursement Agreement is made as of the 1st day of April,
2004,
Among:
VISUAL BIBLE INTERNATIONAL, INC.
(the "Company")
- and -
VISUAL BIBLE INTERNATIONAL (CANADA) INC. ("Visual Canada")
- and -
RED BROOK DEVELOPMENTS LIMITED ("Red Brook"),
in its capacity as a holder of A Units of the Company and on
behalf of the parties listed on Schedule "A", (the "A Unit
Debentureholders"), and in its capacity as a . . .
1146724
|
Visual Bible
As referenced in this Disbursement Agreement:
VISUAL BIBLE INTERNATIONAL, INC. – EX-10
<SEQUENCE>9
<FILENAME>e1016.txt
<TEXT>
DISBURSEMENT AGREEMENT
This Disbursement Agreement is made as of the 1st day of April,
2004,
Among:
VISUAL BIBLE INTERNATIONAL, INC.
(the "Company")
- and -
VISUAL BIBLE INTERNATIONAL (CANADA) INC. ("Visual Canada")
- and -
RED BROOK DEVELOPMENTS LIMITED ("Red Brook"),
in its capacity as a holder of A Units of the Company _____________
VISUAL BIBLE INTERNATIONAL, INC. – any claims, suits,
costs or otherwise related hereto.
[SIGNATURE PAGE FOLLOWS]
In witness whereof, the parties hereto have executed this
Agreement as of the day and year first above written.
VISUAL BIBLE INTERNATIONAL, INC.
By:
(Authorized Signing Officer)
VISUAL BIBLE INTERNATIONAL(CANADA) INC.
By:
(Authorized Signing Officer)
RED BROOK DEVELOPMENTS LIMITED in its capacity as a holder of A
Units of the Company _____________
dt 1330886
;
|
Royal Bank
As referenced in this Disbursement Agreement:
Royal Bank of Canada – in any
month.
3 Payments to ThinkFilm LLC to commence only upon the Agent's
receipt of a certificate from the Company that ThinkFilm LLC has
paid $495,000 to Royal Bank of Canada pursuant to an assignment
and direction agreement dated February 21, 2003 among The Book of
John, Inc., Royal Bank of Canada, ThinkFilm LLC and Film Finances
Canada (1998) Inc. and _____________
Royal Bank of Canada, – Company that ThinkFilm LLC has
paid $495,000 to Royal Bank of Canada pursuant to an assignment
and direction agreement dated February 21, 2003 among The Book of
John, Inc., Royal Bank of Canada, ThinkFilm LLC and Film Finances
Canada (1998) Inc. and provided such payment is made before April
30, 2004.
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "D"
Schedule " _____________
dt 1454485
|
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 | 2003 |
Disbursement Agreement [Amended and Restated]
Disbursement Agreement [Amended and Restated] (214K)
Doc #161643: Click preview link for longer preview.
AMENDED AND RESTATED DISBURSEMENT AGREEMENT
DATED AS OF OCTOBER 10, 2003
AMONG
INDIANTOWN COGENERATION, L.P.,
INDIANTOWN COGENERATION FUNDING CORPORATION,
THE BANK OF NEW YORK,
AS TAX EXEMPT TRUSTEE,
THE BANK OF NEW YORK,
AS TRUSTEE,
CREDIT LYONNAIS NEW YORK BRANCH, AS AGENT BANK UNDER THE REIMBURSEMENT AGREEMENT
CREDIT LYONNAIS NEW YORK BRANCH, AS AGENT BANK UNDER THE WORKING CAPITAL FACILITY,
CREDIT LYONNAIS NEW YORK BRANCH, AS AGENT BANK UNDER THE DEBT SERVICE RESERVE LOC REIMBURSEMENT AGREEMENT,
DEUTSCHE BANK TRUST COMPANY AMERICAS, AS COLLATERAL AGENT,
MARTIN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY,
AND
THE BANK OF NEW YORK, AS DISBURSEMENT AGENT
------------------------------------------
INDIANTOWN COGENERATION PROJECT MARTIN COUNTY, FLORIDA
--------------------------------------------------------------------------------
{PAGE}
EXHIBIT 10.1
TABLE OF CONTENTS
{TABLE} {S} {C} ARTICLE I. DEFINITIONS; INTERPRETATION............................................................................ 2
Section 1.1 Definitions: Interpretation............................................................ 2
ARTICLE II. APPOINTMENT OF DISBURSEMENT AGENT; ESTABLISHMENT OF FUNDS AND ACCOUNTS................................ 5
Section 2.1 Appointment of Disbursement Agent...................................................... 5
ARTICLE III. COLLECTION AND APPLICATION OF PROJECT REVENUES....................................................... 6
Section 3.1 Collection of Project Revenues......................................................... 6 Section 3.2 Payments Into Construction Account: Payments Into Qualifying Cost Subaccount........... 6 Section 3.3 Payments Into Securities Construction Interest Account and Tax-Exempt Bond Construction Interest Fund............................................................. 7 Section 3.4 Application of Monies in Construction Account and Qualifying Cost Subaccount........... 8 Section 3.5 Completion of the Facility: Payments into Completion Account........................... 15 Section 3.6 Payments Into LOC Reimbursement Fund; Application of Monies in LOC Reimbursement Fund; Payments Into Debt Service Reserve LOC Reimbursement Fund; Application of Monies in Debt Service Reserve LOC Reimbursement Fund................... 15 Section 3.7 Application of Monies in Restoration Account........................................... 16 Section 3.8 Application of Monies in Partnership Distribution Account.............................. 18 Section 3.9 Payments into Subordinated Debt Account................................................ 19 Section 3.10 Application of Monies in the Revenue Account........................................... 19 Section 3.11 Monies to be Held in Trust............................................................. 26 Section 3.12 Application of Buy-Down Amounts........................................................ 28 Section 3.13 Application of Accounts and Monies Following a Trigger Event........................... 28 Section 3.14 Debt Service Reserve Account and Tax Exempt Debt Service Reserve Account............... 29 Section 3.15 Debt Acquisition Account............................................................... 34 Section 3.16 Monthly Reports by Disbursement Agent.................................................. 35 Section 3.17 Special Payments....................................................................... 35
ARTICLE IV. COLLATERALIZATION OF LETTERS OF CREDIT................................................................ 35
Section 4.1 FPL Termination Fee Letter of Credit................................................... 35 Section 4.2 ESA Letter of Credit................................................................... 37 Section 4.3 Fuel Supply Coverage Event............................................................. 37 Section 4.4 Replacement of Performance Letters of Credit........................................... 39
ARTICLE V. INVESTMENTS............................................................................................ 39
Section 5.1 Investment of Monies................................................................... 39 {/TABLE}
i
{PAGE}
EXHIBIT 10.1
{TABLE} {S} {C} Section 5.2 Valuation and Sale of Investments...................................................... 40
ARTICLE VI. THE DISBURSEMENT AGENT................................................................................ 41
Section 6.1 Actions Hereunder...................................................................... 41 Section 6.2 Compensation........................................................................... 42 Section 6.3 Successors............................................................................. 42 Section 6.4 Resignation............................................................................ 42 Section 6.5 Appointment of Successor............................................................... 42 Section 6.6 Indemnification........................................................................ 43
ARTICLE VII. TERMINATION.......................................................................................... 43
Section 7.1 Termination............................................................................ 43
ARTICLE VIII. GENERAL PROVISIONS.................................................................................. 43
Section 8.1 Severability........................................................................... 43 Section 8.2 Separate Counterparts.................................................................. 43 Section 8.3 Benefit of Agreement................................................................... 44 Section 8.4 Amendments, Waivers, etc............................................................... 44 Section 8.5 Headings: Table of Contents............................................................ 44 Section 8.6 Governing Law.......................................................................... 44 Section 8.7 Notices................................................................................ 44 Section 8.8 Nonrecourse Liability.................................................................. 45 Section 8.9 Termination of Existing Providers...................................................... 45 {/TABLE}
EXHIBITS
Exhibit A Form of Requisition Exhibit B Form of Independent Engineer Certificate Exhibit C Form of Restoration Account Requisition Exhibit D Form of Transfer Certificate
ii
{PAGE}
AMENDED AND RESTATED DISBURSEMENT AGREEMENT
This AMENDED AND RESTATED DISBURSEMENT AGREEMENT (this "Disbursement Agreement"), dated as of October 10, 2003, amends and restates the Original Disbursement Agreement (as defined below), and is entered into by and among INDIANTOWN COGENERATION, L.P., a limited partnership organized and existing under the laws of the State of Delaware (the "Partnership"), INDIANTOWN COGENERATION FUNDING CORPORATION, a corporation organized and existing under the laws of the State of Delaware (the "Company"), THE BANK OF NEW YORK (as successor trustee to NationsBank of Florida, N.A.), as Trustee under the Amended and Restated Indenture of Trust (the "Tax Exempt Trustee"), MARTIN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, as Issuer of the Tax Exempt Bonds (the "IDA"), THE BANK OF NEW YORK (as successor trustee to NationsBank of Florida, N.A.), as Trustee under the Trust Indenture (the "Trustee"), CREDIT LYONNAIS NEW YORK BRANCH as agent bank (together with its successors, assigns and replacements in such capacity, the "Debt Service Reserve Letter of Credit Provider") under the Debt Service Reserve LOC Reimbursement Agreement, CREDIT LYONNAIS NEW YORK BRANCH as agent bank (together with its successors, assigns and replacements in such capacity, the "LOC Provider") under the Reimbursement Agreement, CREDIT LYONNAIS NEW YORK BRANCH as agent bank (together with its successors, assigns and replacements in such capacity, the "Working Capital Provider") under the Working Capital Facility (the Tax Exempt Trustee, the IDA, the Trustee, the Debt Service Reserve Letter of Credit Provider, the LOC Provider, and the Working Capital Provider collectively, the "Senior Secured Parties"), DEUTSCHE BANK TRUST COMPANY AMERICAS (as successor collateral agent to Bankers Trust Company), as Collateral Agent under the Collateral Agency and Intercreditor Agreement (the "Collateral Agent") and THE BANK OF NEW YORK (as successor disbursement agent to NationsBank of Florida, N.A.), as Disbursement Agent (the "Disbursement Agent").
RECITALS:
WHEREAS, the parties hereto wish to amend and restate that certain Disbursement Agreement, dated as of November 1, 1994, among the Partnership, the Company, and the other parties thereto (the "Original Disbursement Agreement") in connection with the refinancing or replacement, as applicable, of the Debt Service Reserve LOC Reimbursement Agreement, the Reimbursement Agreement, and the Working Capital Facility (each as defined in the Original Disbursement Agreement).
WHEREAS, the Partnership and the Company have agreed to deposit all Project Revenues for disbursement pursuant to this Disbursement Agreement.
WHEREAS, the Disbursement Agent is willing to act as depository hereunder as security agent for (i) in respect of the Accounts, the Senior Secured Parties (ii) in respect of the LOC Provider Funds, the LOC Provider, (iii) in respect of the Debt Service Reserve Account, the Trustee, (iv) in respect of the Tax Exempt Debt Service Reserve Account and the Qualifying Cost Subaccount, the Tax Exempt Trustee, (v) in respect of the Debt Service Reserve Letter of Credit, the Trustee and the Tax Exempt Trustee and (vi) in respect of the DSR LOC Provider Funds, the Debt Service Reserve Letter of Credit Provider and to hold and disburse the monies deposited hereunder in accordance with the terms of this Disbursement Agreement, including without
{PAGE}
limitation, to transfer monies in the Accounts to the Collateral Agent as specified in Section 3.13 of this Disbursement Agreement.
WHEREAS, pursuant to the Security Agreement, the Partnership has, among other things, pledged its interest in the Accounts established hereunder to the Disbursement Agent on behalf of the Senior Secured Parties as security for the obligations of the Partnership referred to therein.
NOW, THEREFORE, in consideration of the mutual agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree as follows:
ARTICLE I. DEFINITIONS; INTERPRETATION
Section 1.1 Definitions: Interpretation. (a) Except as otherwise expressly provided herein, capitalized terms used in this Disbursement Agreement shall have their respective meanings given them in that certain Trust Indenture, dated as of November 1, 1994, and supplemented by that certain Third Supplemental Indenture, dated on or about October 10, 2003, among the Partnership, the Company, and the Trustee (collectively, the "Indenture"), in the form of such terms as they exist on the date of, and after giving effect to, such Third Supplemental Indenture; provided, however, that defined terms from the Indenture that have been added or amended subsequent to the date of such Second Supplemental Indenture shall have such added or amended meanings herein upon compliance with the amendment provisions of Section 8.4 hereof. Unless otherwise indicated, references in this Disbursement Agreement to Sections, subsections, paragraphs, Schedules, Appendices and Exhibits are to Sections, subsections and paragraphs in, and Schedules, Appendices and Exhibits to, this Disbursement Agreement. (b) "DSR LOC Issuing Bank" as used in this Disbursement Agreement shall mean any bank or financial institution from time to time issuing any Debt Service Reserve Letter of Credit.
(c) "Engineering Advisor" as used in this Disbursement Agreement shall mean Energy & Environmental Engineering.
(d) "FPUC" as used in this Disbursement Agreement shall mean the Florida Public Utilities Commission.
(e) "Fuel Amendments" as used in this Disbursement Agreement shall mean amendments or other agreements between (i) FPL and the Partnership with respect to the fuel price index set forth in Appendix I of the Power Purchase Agreement (the "PPA Amendment") and (ii) the Project's fuel supplier and the Partnership with respect to fuel price indexation and entered into in respect of the amendment or other agreement contemplated by the foregoing clause (i); provided that the "Fuel Amendments" shall not include any amendments or modifications of, or other agreements with respect to, fuel supply or the Power Purchase Agreement unless directly related to the provisions specified in the foregoing clauses (i) and (ii), whether or not set forth in the same document or instrument.
(f) "Fuel Supply Coverage Event" as used in this Disbursement Agreement shall mean the occurrence of any of the following: (i) on the Fuel Supply Coverage Test Date, the
161643
|
Citibank
As referenced in this Disbursement Agreement [Amended and Restated]:
Citibank, N.A. – Section 3.14(e); (vi) on the Closing Date, with those
proceeds of the Series 1992A Bonds and Series 1992B Bonds transferred by
Citibank, N.A. , as the "Paying Agent" under that certain Indenture of Trust
dated as of January 1, 1993 among the IDA and NationsBank of _____________
dt 146020
;
BNY
As referenced in this Disbursement Agreement [Amended and Restated]:
BANK OF NEW YORK, – AS OF OCTOBER 10, 2003
AMONG
INDIANTOWN COGENERATION, L.P.,
INDIANTOWN COGENERATION FUNDING CORPORATION,
THE BANK OF NEW YORK,
AS TAX EXEMPT TRUSTEE,
THE BANK OF NEW YORK,
AS TRUSTEE,
CREDIT LYONNAIS NEW BANK OF NEW YORK, – P.,
INDIANTOWN COGENERATION FUNDING CORPORATION,
THE BANK OF NEW YORK,
AS TAX EXEMPT TRUSTEE,
THE BANK OF NEW YORK,
AS TRUSTEE,
CREDIT LYONNAIS NEW YORK BRANCH,
AS AGENT BANK UNDER THE REIMBURSEMENT AGREEMENT
BANK OF NEW YORK, – DEUTSCHE BANK TRUST COMPANY AMERICAS,
AS COLLATERAL AGENT,
MARTIN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY,
AND
THE BANK OF NEW YORK,
AS DISBURSEMENT AGENT
------------------------------------------
INDIANTOWN COGENERATION PROJECT
MARTIN COUNTY, FLORIDA
--------------------------------------------------------------------------------
{PAGE}
EXHIBIT 10.1
TABLE BANK OF NEW YORK – corporation organized and existing under the
laws of the State of Delaware (the "Company"), THE BANK OF NEW YORK (as
successor trustee to NationsBank of Florida, N.A.), as Trustee under the Amended
BANK OF NEW YORK – MARTIN COUNTY
INDUSTRIAL DEVELOPMENT AUTHORITY, as Issuer of the Tax Exempt Bonds (the "IDA"),
THE BANK OF NEW YORK (as successor trustee to NationsBank of Florida, N.A.), as
Trustee under the Trust
dt 42085
;
Bankers Trust
As referenced in this Disbursement Agreement [Amended and Restated]:
Bankers Trust – collectively, the "Senior Secured Parties"), DEUTSCHE BANK
TRUST COMPANY AMERICAS (as successor collateral agent to Bankers Trust Company),
as Collateral Agent under the Collateral Agency and Intercreditor Agreement (the
"Collateral Agent") and
Bankers Trust – Working Capital Provider,
Banque Nationale de Paris, as Debt Service Reserve Letter of Credit Provider,
Bankers Trust Company, as Collateral Agent, Martin County Industrial Development
Authority, and NationsBank of Florida, N.A.,
dt 44284
;
|
DB Trust
As referenced in this Disbursement Agreement [Amended and Restated]:
DEUTSCHE BANK TRUST CO – AGENT BANK UNDER THE WORKING CAPITAL FACILITY,
CREDIT LYONNAIS NEW YORK BRANCH,
AS AGENT BANK UNDER THE DEBT SERVICE RESERVE LOC REIMBURSEMENT AGREEMENT,
DEUTSCHE BANK TRUST CO MPANY AMERICAS,
AS COLLATERAL AGENT,
MARTIN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY,
AND
THE BANK OF NEW YORK,
AS DISBURSEMENT AGENT
------------------------------------------
INDIANTOWN COGENERATION PROJECT
MARTIN _____________
DEUTSCHE BANK
TRUST CO – the Trustee, the Debt
Service Reserve Letter of Credit Provider, the LOC Provider, and the Working
Capital Provider collectively, the "Senior Secured Parties"), DEUTSCHE BANK
TRUST CO MPANY AMERICAS (as successor collateral agent to Bankers Trust Company),
as Collateral Agent under the Collateral Agency and Intercreditor Agreement (the
"Collateral Agent") _____________
DEUTSCHE BANK TRUST CO – YORK BRANCH, as
Debt Service Reserve Letter of Credit
Provider
By: /s/ JAMES F. GUIDERA
-----------------------------------
Name: James F. Guidera
Title: Senior Vice President
DEUTSCHE BANK TRUST CO MPANY
AMERICAS, as
Collateral Agent
By: /s/ RICHARD L. BUCKWALTER
-----------------------------------
Name: Richard L. Buckwalter
Title: Vice President
{PAGE}
MARTIN COUNTY INDUSTRIAL
DEVELOPMENT AUTHORITY
_____________
Deutsche Bank Trust
Co – Provider, Credit
Lyonnais New York Branch, as Working Capital Provider, Credit Lyonnais New York
Branch, as Debt Service Reserve Letter of Credit Provider, Deutsche Bank Trust
Co mpany Americas, as Collateral Agent, Martin County Industrial Development
Authority and The Bank of New York, as Disbursement Agent (the "Disbursement
Agent") (as _____________
Deutsche Bank Trust
Co – Provider, Credit
Lyonnais New York Branch, as Working Capital Provider, Credit Lyonnais New York
Branch, as Debt Service Reserve Letter of Credit Provider, Deutsche Bank Trust
Co mpany Americas, as Collateral Agent, Martin County Industrial Development
Authority and The Bank of New York, as Disbursement Agent (the "Disbursement
Agent") (as _____________
dt 113795
;
Indiantown Cogeneration, L.P.;
More... |
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 | 2002 |
Disbursement Agreement
Disbursement Agreement (67K)
Doc #1334810: Click preview link for longer preview.
DISBURSEMENT AGREEMENT
among
RESORTS INTERNATIONAL HOTEL AND CASINO, INC.
AND
BANKERS TRUST COMPANY,
AS DISBURSEMENT AGENT AND TRUSTEE
DATED AS OF MARCH 22, 2002
<PAGE>
TABLE OF CONTENTS
<TABLE>
<CAPTION>
. . .
1334810
| | |
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 | 2002 |
Disbursement Agreement
Disbursement Agreement (67K)
Doc #1536421: Click preview link for longer preview.
DISBURSEMENT AGREEMENT
among
RESORTS INTERNATIONAL HOTEL AND CASINO, INC.
AND
BANKERS TRUST COMPANY,
AS DISBURSEMENT AGENT AND TRUSTEE
DATED AS OF MARCH 22, 2002
<PAGE>
TABLE OF CONTENTS
<TABLE>
<CAPTION>
. . .
1536421
| | |
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 | 2001 |
Disbursement Agreement
Disbursement Agreement (50K)
Doc #1173364: Click preview link for longer preview.
DISBURSEMENT AGREEMENT
This DISBURSEMENT Agreement (the "Agreement"), dated as of December 29,
2000 (the "Closing Date"), is by and between ZIPFINANCIAL.COM, Inc. (d/b/a
BankZip.com), a Pennsylvania corporation (the "Borrower") and SEDONA
CORPORATION, a Pennsylvania corporation (the "Lender").
Recitals
WHEREAS, the Borrower has requested that the Lender make a loan to the
Borrower in an aggregate principal amount not to exceed One Million Dollars
($1,000,000), . . .
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