Acknowledgment of Lien/Offset Rights. Agent hereby acknowledges and agrees with respect to the Accounts that (a) the Accounts shall be held by Agent in the names set forth herein, (b) all funds held in the Accounts shall be held for the benefit of Lender, (c) the Borrowers have granted to Lender a first priority security interest in the Collateral, (d) Agent shall not disburse any funds from the Accounts except as provided herein, and (e) Agent shall invest and reinvest any balance of the Accounts in Permitted Investments in accordance with Section 2.5 hereof. Agent hereby waives any right of offset, banker's lien or similar rights against, or any assignment, security interest or other interest in, the Collateral.
Appears in 5 contracts
Samples: Cash Management Agreement (Lodgian Inc), Cash Management Agreement (Lodgian Inc), Cash Management Agreement (Lodgian Inc)
Acknowledgment of Lien/Offset Rights. Agent hereby acknowledges and agrees with respect to the Accounts that (a) the Accounts shall be held by Agent in the names set forth hereinname of Lender, (b) all funds held in the Accounts shall be held for the benefit of LenderLender as secured party, (c) the Borrowers have granted to Lender a first priority security interest in the Collateral, (d) Agent shall not disburse any funds from the Accounts except as provided herein, and (e) Agent shall invest and reinvest any balance of the Accounts in Permitted Investments in accordance with Section 2.5 hereof. Agent hereby waives any right of offset, banker's ’s lien or similar rights against, or any assignment, security interest or other interest in, the Collateral.
Appears in 4 contracts
Samples: Cash Management Agreement, Cash Management Agreement (American Tower Corp /Ma/), Cash Management Agreement (American Tower Corp /Ma/)