ACCOUNTS AND COLLATERAL. Section 8.1 Collection of Money 132 Section 8.2 Collection Account 134 Section 8.3 Payment Account; Future Funding Reserve Account; Interest Reserve Account; Closing Expense Account 137 Section 8.4 Custodial Account 140 Section 8.5 Acquisition of Collateral Loans and Eligible Investments 142 Section 8.6 Release of Security Interest in Sold Collateral Loans and Eligible Investments; Release of Security Interests Upon Termination 142 Section 8.7 Method of Collateral Transfer 143 Section 8.8 Continuing Liability of the Borrower 144 Section 8.9 Reports 145 ARTICLE IX APPLICATION OF MONIES Section 9.1 Disbursements of Funds from Payment Account 146 ARTICLE X SALE OF COLLATERAL LOANS; ELIGIBILITY CRITERIA; CONDITIONS TO SALES AND PURCHASES Section 10.1 Sale of Collateral Loans 150 Section 10.2 Eligibility Criteria 153 Section 10.3 Conditions Applicable to all Sale and Purchase Transactions 153 ARTICLE XI CHANGE IN CIRCUMSTANCES Section 11.1 Temporary Disruption of Term SOFR 153 Section 11.2 Illegality 154 Section 11.3 Taxes 154 Section 11.4 Increased Cost and Reduced Return 158 Section 11.5 Replacement of Lenders 160 Section 11.6 Benchmark Replacement; Conforming Changes 162 ARTICLE XII MISCELLANEOUS Section 12.1 Notices 162 Section 12.2 No Waivers 163 Section 12.3 Expenses; Indemnification 163 Section 12.4 Sharing of Set-Offs 164 Section 12.5 Amendments and Waivers 165 Section 12.6 Successors and Assigns 167 Section 12.7 Collateral; QP Status 170 Section 12.8 Governing Law; Submission to Jurisdiction 170 Section 12.9 Marshalling; Recapture 170 Section 12.10 Counterparts; Integration; Effectiveness 171 Section 12.11 Waiver of Jury Trial 171 Section 12.12 Survival 171 Section 12.13 Domicile of Loans 171 Section 12.14 Limitation of Liability 171 Section 12.15 Recourse; Non-Petition 172 Section 12.16 Confidentiality 172 Section 12.17 [Reserved] 173 Section 12.18 Direction of Collateral Agent 173 Section 12.19 Borrowings/Loans Made in the Ordinary Course of Business 174 Section 12.20 Acknowledgement and Consent to Bail-In of Affected Financial Institutions 174 Section 12.21 PATRIOT Act 174 Section 12.22 Severability 175 Section 12.23 Electronic Signatures 175 ARTICLE XIII ASSIGNMENT OF CORPORATE SERVICES AGREEMENT AND SALE AND CONTRIBUTION AGREEMENT Section 13.1 Assignment of Corporate Services Agreement and Sale and Contribution Agreement 175 ARTICLE XIV Section 14.1 The Document Custodian 177 Section 14.2 Document Custodian Compensation 180 Section 14.3 Limitation...
ACCOUNTS AND COLLATERAL. Section 8.1 Collection of Money 130133 Section 8.2 Collection Account 132134
ACCOUNTS AND COLLATERAL. Collection of Money .
ACCOUNTS AND COLLATERAL. As to each Account (i) Customer is, at the time of purchase of each Account by Xxxxxxxx, the lawful owner of and has good and undisputed title to such Account; (ii) such Account is free from any Liens other than in favor of Wintrust or expressly permitted hereunder; (iii) each Account identified as an Eligible Account satisfies all the requirements of the definition of “Eligible Account”; (iv) such Account is an accurate and undisputed statement of indebtedness owed by Account Debtor to Customer for a certain sum which is due and payable in accordance with its terms; (v) such Account is for a bona fide sale, delivery and acceptance of merchandise of performance of services, all of which have been provided on a commercial basis and none of which are for personal, family or household purposes; (vi) all terms governing such Account are accurately reflected in the Supporting Documentation; (vii) Customer has the full legal right and authority to sell, assign and transfer each Account without conflict with any applicable law or other agreements and free and clear of all Liens other than in favor of Xxxxxxxx or as expressly permitted hereunder; and (viii) each invoice representing such
ACCOUNTS AND COLLATERAL
