Access to Restricted Account Sample Clauses

Access to Restricted Account. Secured Party agrees that Company will be allowed access to the Account Funds until Bank receives written instructions from Secured Party directing that Company no longer have access to any Account Funds (the “Instructions”). Company agrees that the Account Funds should be paid to Secured Party after Bank receives the Instructions, and hereby irrevocably authorizes Bank to comply with the Instructions even if Company objects in any way to the Instructions. Company further agrees that after Bank receives the Instructions, Company will not have access to any Account Funds.
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Access to Restricted Account. Until Xxxxx Fargo receives notice from the Secured Party that the Customer's rights are terminated (a "Rights Termination Notice"), Xxxxx Fargo will comply with all notices, requests, and other instructions from the Customer for disposition of funds in the Restricted Account, including but not limited to orders, notices, requests or instructions to withdraw or transfer any Collateral, and to pay or transfer any Collateral to the Customer or any other person or entity, but not to redeem or terminate the Restricted Account. Except in accordance with the previous sentence, without the Secured Party's written consent Xxxxx Fargo will not comply with any order, notice, request or other instruction from the Customer or any other person or entity except the Secured Party relating to any Collateral, and Xxxxx Fargo will not pay or transfer any Collateral to the Customer or any other person or entity except the Secured Party. Customer agrees that it will not be able to withdraw money from the Restricted Account, that it will not have access to the Restricted Account or any Collateral, and that Secured Party will have exclusive access to the Restricted Account and all Collateral, except as specifically provided in this Agreement or as specifically agreed by Secured Party in writing.
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Access to Restricted Account. Wells Fargo agrees to comply with instructions originated by Controllxxx Xecured Party directing disposition of Account Funds without further consent by Customer or other Secured Party. Wells Fargo may comply with instructions (a "BLOCKAGE NOTICE") directxxx xhe disposition of Account Funds originated by Customer until such time as Controlling Secured Party delivers a notice to Wells Fargo to the effect that Controlling Secured Party is thereby exxxxxsing exclusive control over the Restricted Account and from and after receipt by Wells Fargo of a Blockage Notice (and until Wells Fargo receives from Xxxxrolling Secured Party a written withdraxxx xf such Blockage Notice), none of Customer, any person acting through or under Customer or other Secured Party shall have any access to the Restricted Account and Wells Fargo shall not comply with any instructions originated by Custxxxx, any such person or other Secured Party directing disposition of Account Funds. Wells Fargo has not agreed and will not agree with any person other txxx Xecured Parties to comply with instructions or other directions concerning the Restricted Account or the disposition of Account Funds originated by such person without the prior written consent in each instance of Secured Parties and Customer. As used herein, the term (i) "CONTROLLING SECURED PARTY" shall mean (x) Senior Secured Party until Senior Secured Party has given written notice to Wells Fargo (with a copy of the same to Junior Secured Party and Cusxxxxx of the Discharge of Senior Lender Claims (as defined in the Intercreditor Agreement, dated as of October 15, 2002 (as amended, supplemented, amended and restated or otherwise modified from time to time, the "INTERCREDITOR AGREEMENT"), among, inter alia, Customer and Secured Parties) and (y) thereafter, Junior Secured Party and (ii) "OTHER SECURED PARTY" shall (x) mean for so long as the Controlling Secured Party is Senior Secured Party, Junior Secured Party and (y) for so long as Controlling Secured Party is Junior Secured Party, not refer to any person.
Sample 1
Access to Restricted Account. Wells Fargo agrees to comply with instructions originated by Controllxxx Xecured Party directing disposition of Account Funds without further consent by Customer or other Secured Party. Customer agrees that it will not be able to withdraw money from the Restricted Account, that it will not have access to the Restricted Account or any Account Funds, and that Controlling Secured Party will have exclusive access to the Account Funds and the Restricted Account, except as specifically provided in this Agreement or as specifically agreed by Controlling Secured Party in writing. As used herein, the term (i) "CONTROLLING SECURED PARTY" shall mean (x) Senior Secured Party until Senior Secured Party has given written notice to Wells Fargo (with a copy of the same to Junior Secured Party and Custxxxx of the Discharge of Senior Lender Claims (as defined in the Intercreditor Agreement, dated as of October 15, 2002 (as amended, supplemented, amended and restated or otherwise modified from time to time, the "INTERCREDITOR AGREEMENT"), among, inter alia, Customer and Secured Parties) and (y) thereafter, Junior Secured Party and (ii) "OTHER SECURED PARTY" shall mean for so long as Controlling Secured Party is Senior Secured Party, Junior Secured Party and (y) for so long as Controlling Secured Party is Junior Secured Party, not refer to any person.
Sample 1
Access to Restricted Account. Trustee agrees that Customer will be allowed access to the Account Funds until Xxxxx Fargo receives written instructions from Trustee directing that Customer no longer has access to any Account Funds (the “Instructions”). Trustee agrees with Customer that it shall not deliver the Instructions to Xxxxx Fargo except after the occurrence and during the continuation of an Event of Default under (and as defined in) the Indenture; it being understood and agreed that Xxxxx Fargo shall rely exclusively on Instructions as to the existence of such Event of Default and shall be under no obligation to make any independent investigation as to the existence of such Event of Default. Customer agrees that the Account Funds should be paid to Trustee after Xxxxx Fargo receives the Instructions, and hereby irrevocably authorizes Xxxxx Fargo to comply with the Instructions even if Customer objects in any way to the Instructions. Customer further agrees that after Xxxxx Fargo receives the Instructions, Customer will not have access to any Account Funds.
Sample 1
Access to Restricted Account. Company agrees that it will not be able to make debits or withdrawals from the Restricted Account, that it will not have access to the Restricted Account or any Account Funds, and that Secured Party will have exclusive access to the Restricted Account and Account Funds, except as specifically provided in this Agreement or as specifically agreed by Secured Party in writing.
Sample 1

Related to Access to Restricted Account

  • Investment; Access to Data The undersigned has carefully reviewed and understands the risks of, and other considerations relating to, a purchase of the Common Stock and an investment in the Company. The undersigned has been furnished materials relating to the Company, the private placement of the Common Stock or anything else that it has requested and has been afforded the opportunity to ask questions and receive answers concerning the terms and conditions of the offering and obtain any additional information which the Company possesses or can acquire without unreasonable effort or expense. Representatives of the Company have answered all inquiries that the undersigned has made of them concerning the Company, or any other matters relating to the formation and operation of the Company and the offering and sale of the Common Stock. The undersigned has not been furnished any offering literature other than the materials that the Company may have provided at the request of the undersigned; and the undersigned has relied only on such information furnished or made available to the undersigned by the Company as described in this Section. The undersigned is acquiring the Shares for investment for the undersigned's own account, not as a nominee or agent and not with the view to, or for resale in connection with, any distribution thereof. The undersigned acknowledges that the Company is a start-up company with no current operations, assets or operating history, which may possibly cause a loss of Purchaser’s entire investment in the Company.

  • Access to Data Operator shall make Data in the possession of the Operator available to the LEA within five (5) business days of a request by the LEA.

  • Retention of Records; Access 7.01 For so long as the contents thereof may become material in the administration of any matter under applicable Tax Law, but in any event until the later of (i) the expiration of any applicable statutes of limitation and (ii) seven years after the Closing Date, the Parties shall (a) retain records, documents, accounting data and other information (including computer data and the systems necessary to access such data) necessary for the preparation and filing of all Tax Returns in respect of Taxes of any member of the CCE Group or the Splitco Group or for any Tax Contests relating to such Tax Returns, and (b) give to the other Parties reasonable access to such records, documents, accounting data and other information (including computer data) and to its personnel (insuring their cooperation), systems and premises, for the purpose of the review or audit of such Tax Returns to the extent relevant to an obligation or liability of a Party under this Agreement or for purposes of the preparation or filing of any such Tax Return, the conduct of any Tax Contest or any other matter reasonably and in good faith related to the Tax affairs of the requesting Party. At any time after the Closing Date that TCCC or Splitco proposes to destroy such material or information, it shall first notify the other Party in writing and such other Party shall be entitled to receive such materials or information proposed to be destroyed.

  • Access to Records and Documents It shall permit the Administrative Agent (or, if Independent Accountants are not engaged by the Collateral Manager or the Borrower, Protiviti, Inc. or another nationally recognized audit firm selected by the Administrative Agent with prior notice to the Borrower and subject to delivery of standard confidentiality agreements) to, upon reasonable advance notice and during normal business hours, but, so long as no Event of Default has occurred and is continuing, no more than one (1) time per calendar year, visit and inspect and make copies thereof at reasonable intervals (i) its books, records and accounts relating to its business, financial condition, operations, assets and its performance under the Facility Documents and the Related Documents and to discuss the foregoing with its and such Person’s officers, partners, employees and accountants, and (ii) all of its Related Documents, in each case as often as the Administrative Agent may reasonably request; provided that so long as no Event of Default has occurred and is continuing, the Borrower shall be responsible for all costs and expenses for only one such visit per fiscal year by the Administrative Agent or its respective designees; provided, further, that an officer or employee of the Collateral Manager shall have the opportunity to be present at any discussion between the Administrative Agent, any Lender or any other Person designated by the Administrative Agent, on the one hand, and the Collateral Manager’s accountants, on the other hand. The Administrative Agent shall provide two (2) Business Days’ prior notice to the Lenders of any such visit and any Lender shall be permitted to accompany the Administrative Agent in such visit. Any such visit and inspection shall be made simultaneously with any visit and inspection pursuant to Section 5.01(e).

  • Access to Collateral; Books and Records At reasonable times, on three (3) Business Days' notice (provided no notice is required if an Event of Default has occurred and is continuing), Bank, or its agents, shall have the right to inspect the Collateral and the right to audit and copy Borrower's Books. The foregoing inspections and audits shall be conducted at Borrower's expense and no more often than once every twelve (12) months (or more frequently as Bank determines in its sole discretion that conditions warrant) unless an Event of Default has occurred and is continuing in which case such inspections and audits shall occur as often as Bank shall determine is necessary. The charge therefor shall be One Thousand Dollars ($1,000.00) per person per day (or such higher amount as shall represent Bank's then-current standard charge for the same), plus reasonable out-of-pocket expenses. In the event Borrower and Bank schedule an audit more than ten (10) days in advance, and Borrower cancels or seeks to or reschedules the audit with less than ten (10) days written notice to Bank, then (without limiting any of Bank's rights or remedies) Borrower shall pay Bank a fee of One Thousand Dollars ($1,000.00) plus any out-of-pocket expenses incurred by Bank to compensate Bank for the anticipated costs and expenses of the cancellation or rescheduling.

  • Access to Records The Contractor and its subcontractors, if any, shall maintain all books, documents, papers, accounting records, and other evidence pertaining to all costs incurred under this Contract. They shall make such materials available at their respective offices at all reasonable times during this Contract, and for three (3) years from the date of final payment under this Contract, for inspection by the State or its authorized designees. Copies shall be furnished at no cost to the State if requested.

  • Maintaining Records; Access to Properties and Inspections; Maintenance of Ratings (a) Keep proper books of record and account in which full, true and correct entries in conformity with GAAP and all requirements of law are made of all dealings and transactions in relation to its business and activities. Each Loan Party will, and will cause each of its subsidiaries to, permit any representatives designated by the Administrative Agent or any Lender to visit and inspect the financial records and the properties of such Person at reasonable times and as often as reasonably requested and to make extracts from and copies of such financial records, and permit any representatives designated by the Administrative Agent or any Lender to discuss the affairs, finances and condition of such Person with the officers thereof and independent accountants therefor.

  • Access to Records and Properties (a) From the date hereof until the Closing Date or earlier termination of this Agreement, Seller will, and will cause the Companies and their Subsidiaries to:

  • Access to Records; Copies The Assuming Bank agrees to permit the Receiver and the Corporation access to all Records of which the Assuming Bank has custody, and to use, inspect, make extracts from or request copies of any such Records in the manner and to the extent requested, and to duplicate, in the discretion of the Receiver or the Corporation, any Record in the form of microfilm or microfiche pertaining to Deposit account relationships; provided, that in the event that the Failed Bank maintained one or more duplicate copies of such microfilm or microfiche Records, the Assuming Bank hereby assigns, transfers, and conveys to the Corporation one such duplicate copy of each such Record without cost to the Corporation, and agrees to deliver to the Corporation all Records assigned and transferred to the Corporation under this Article VI as soon as practicable on or after the date of this Agreement. The party requesting a copy of any Record shall bear the cost (based on standard accepted industry charges to the extent applicable, as determined by the Receiver) for providing such duplicate Records. A copy of each Record requested shall be provided as soon as practicable by the party having custody thereof.

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