Accounts; Lockboxes; Safe Deposit Boxes; Powers of Attorney. Section 3.28 of the Disclosure Schedule is a true and complete list of (i) the names of each bank, savings and loan association, securities or commodities broker or other financial institution in which the Business (in the name of a Seller or Century CP) has an account, including cash contribution accounts, and the names of all persons authorized to draw thereon or have access thereto, (ii) the location of all lockboxes and safe deposit boxes of the Business and the names of all Persons authorized to draw thereon or have access thereto and (iii) the names of all Persons, if any, holding powers of attorney from the Sellers or Century CP relating to the Business. At the time of the Closing, none of the Sellers shall have any such account, lockbox or safe deposit box for use in respect of the Business other than those listed in Section 3.28 of the Disclosure Schedule, nor shall any additional Person have been authorized, from the date of this Agreement, to draw thereon or have access thereto or to hold any such power of attorney, without the prior written consent of the Purchaser. At the time of the Closing, all monies and accounts of the Business shall be held by, and be accessible only to, the Business.
Accounts; Lockboxes; Safe Deposit Boxes; Powers of Attorney. Section 3.31 of the Disclosure Schedule is a true and complete list of (a) the names of each bank, savings and loan association, securities or commodities broker or other financial institution in which the Company or any Subsidiary has an account, including cash contribution accounts, and the names of all persons authorized to draw thereon or have access thereto, (b) the location of all lockboxes and safe deposit boxes of the Company and each Subsidiary and the names of all Persons authorized to draw thereon or have access thereto and (c) the names of all Persons, if any, holding powers of attorney from the Company or any Subsidiary. At the time of the Closing, without the prior written consent of the Purchaser, neither the Company nor any Subsidiary shall have any such account, lockbox or safe deposit box other than those listed in Section 3.31 of the Disclosure Schedule, nor shall any additional Person have been authorized, from the date of this Agreement, to draw thereon or have access thereto or to hold any such power of attorney relating to the Company, any Subsidiary or the Business or from the Company or any Subsidiary. Except as disclosed in Section 3.31 of the Disclosure Schedule, the Stockholders have not commingled monies or accounts of the Company or any Subsidiary with other monies or accounts of the Stockholders nor have the Stockholders transferred monies or accounts of the Company or any Subsidiary other than to an account of the Company or such Subsidiary. At the time of the Closing, all monies and accounts of the Company and each Subsidiary shall be held by, and be accessible only to, the Company or such Subsidiary.
Accounts; Lockboxes; Safe Deposit Boxes; Powers of Attorney. Section 4.18 of the Disclosure Schedule contains a complete and accurate list of (i) the name of each bank, savings and loan association or other financial institution in which Gentek Holdings or any of its Subsidiaries has an account, lockbox or safe deposit box, and (ii) the number of any such account. Section 4.18 of the Disclosure Schedule -41- contains a complete and accurate list of all Persons holding a power of attorney from Gentek Holdings or any of its Subsidiaries.
Accounts; Lockboxes; Safe Deposit Boxes; Powers of Attorney. Schedule 4.31 is a true and complete list of (a) the names of each bank, savings and loan association, securities or commodities broker or other financial institution in which the Seller has an account, including cash contribution accounts, and the names of all persons authorized to draw thereon or have access thereto, and (b) the names of all Persons, if any, holding powers of attorney from the Seller relating to the Business or the Seller. At the time of the Closing, the Seller shall not have any such account, lockbox or safe deposit box other than those listed in Schedule 4.31, nor shall any additional Person have been authorized, from the date of this Agreement, to draw thereon or have access thereto or to hold any such power of attorney, without the prior written consent of the Purchaser. The Seller has not commingled monies or accounts of the Seller with other monies or accounts of the members or any Affiliates of the Seller. At the time of the Closing, all monies and accounts of the Seller shall be held by, and be accessible only to, the Seller.
Accounts; Lockboxes; Safe Deposit Boxes; Powers of Attorney. Section 3.28 of the Disclosure Schedule is a complete and accurate list of (a) the names of each bank, savings and loan association, securities or commodities broker or other financial institution in which the Company, the Subsidiary or the LLC Subsidiary has an account, including, without limitation, cash contribution accounts, and the names of all persons authorized to draw thereon or have access thereto, (b) the location of all lockboxes and safe deposit boxes of the Company, the Subsidiary and the LLC Subsidiary and the names of all Persons authorized to draw thereon or have access thereto and (c) the names of all Persons, if any, holding powers of attorney from the Shareholders relating to the Company, the Subsidiary or the LLC Subsidiary or the Business, or from the Company, the Subsidiary or the LLC Subsidiary. At the time of the Closing, without the prior written consent of the Parent, none of the Company, the Subsidiary or the LLC Subsidiary shall have any such account, lockbox or safe deposit box other than those listed in Section 3.28 of the Disclosure Schedule, nor shall any additional Person have been authorized, from the date of this Agreement, to draw thereon or have access thereto or to hold any such power of attorney relating to the Company, the Subsidiary or the LLC Subsidiary or the Business or from the Company, the Subsidiary or the LLC Subsidiary. There are no commingled monies or accounts of the Company, the Subsidiary or the LLC Subsidiary with other monies or accounts of the Shareholders or relating to the other businesses of the Shareholders nor has the Shareholders transferred monies or accounts of the Company, the Subsidiary or the LLC Subsidiary other than to an account of the Company, such Subsidiary or the LLC Subsidiary. At the time of the Closing, all monies and accounts of the Company, the Subsidiary and the LLC Subsidiary shall be held by, and be accessible only to, the Company, such Subsidiary or such LLC Subsidiary.
Accounts; Lockboxes; Safe Deposit Boxes; Powers of Attorney. Section 3.26 of the Disclosure Statement is a true and complete list of (i) the names of each bank, savings and loan association, securities or commodities broker or other financial institution in which BCBS has an account, including cash contribution accounts, and the names of all persons authorized to draw thereon or have access thereto, (ii) the location of all lockboxes and safe deposit boxes of BCBS and the names of all Persons authorized to draw thereon or have access thereto, and (iii) the names of all Persons, if any, holding powers of attorney from BCBS relating to the Business or BCBS.
Accounts; Lockboxes; Safe Deposit Boxes; Powers of Attorney. Except as set forth on Schedule 3.26(a), there are no bank accounts, lockboxes or safe deposit boxes maintained by Seller or any of its Affiliates in the name of Metalsco, Skyliner or NSA or otherwise with respect to the Business. As of the Closing Date, all customers of the Business and all other account parties from whom payments will be or become due to Metalsco, Skyliner or NSA or otherwise with respect to the Business shall be instructed not to make payment to Seller or any of its Affiliates or any account over which Seller or any of its Affiliates shall have control as of the Closing Date. Schedule 3.26(b) lists all Persons who have powers of attorney with respect to Metalsco, Skyliner, NSA or the Business and all such powers of attorney shall be terminated and shall be null and void as of the Closing Date.
Accounts; Lockboxes; Safe Deposit Boxes; Powers of Attorney. Schedule 4.30 is a true and complete list of (i) the names of each bank, savings and loan association, or other financial institution in which any member of the Steadi Group has an account, and the names of all persons authorized to draw thereon or have access thereto, (ii) the location of all lockboxes and safe deposit boxes of each member of the Steadi Group and the names of all Persons authorized to draw thereon or have access thereto and (iii) the names of all Persons, if any, holding powers of attorney from any member of the Steadi Group relating to the Business. On the Closing Date, no member of the Steadi Group shall have any such account, lockbox or safe deposit box other than those listed in Schedule 4.31, nor shall any additional Person have been authorized, from the date of this Agreement, to draw thereon or have access thereto or to hold any such power of attorney, without prior written notice to the Purchaser. Except as disclosed in Schedule 4.31, no member of the Steadi Group has commingled monies or accounts of any member of the Steadi Group with other monies or accounts of the Sellers.
Accounts; Lockboxes; Safe Deposit Boxes; Powers of Attorney. Section 3.28 of the Disclosure Schedule is a true and complete list of (a) the names of each bank, savings and loan association, securities or commodities broker or other financial institution in which the Company or the Subsidiary has an account, including, without limitation, cash contribution accounts, and the names of all persons authorized to draw thereon or have
Accounts; Lockboxes; Safe Deposit Boxes; Powers of Attorney. Schedule 4.23 is a true and complete list of (i) the names of each bank, savings and loan association, or other financial institution in which Seller has an account, and the names of all persons authorized to draw thereon or have access thereto, (ii) the location of all lockboxes and safe deposit boxes of Seller and the names of all Persons authorized to draw thereon or have access thereto and (iii) the names of all Persons, if any, holding powers of attorney from Seller relating to the Business. On the Closing Date, Seller shall not have any such account, lockbox or safe deposit box other than those listed in Schedule 4.23, nor shall any additional Person have been authorized, from the date of this Agreement, to draw thereon or have access thereto or to hold any such power of attorney, without prior written notice to the Purchaser.
