Common use of Agency Account Agreements Clause in Contracts

Agency Account Agreements. Each Agency Account Agreement shall require that, during the occurrence and continuation of a Cash Dominion Trigger Period and upon instruction of the Administrative Agent, each depositary bank party to such Agency Account Agreement transfer all cash receipts and other collections by ACH or wire transfer no less frequently than daily to an account in the name of the Administrative Agent designated by the Administrative Agent (the “Collection Account”); provided that so long as any Obligations are then outstanding, for the purposes of calculating interest, one Business Day shall be deemed added to the date such transfer is received. The Credit Parties hereby acknowledge and agree that (i) the Credit Parties have no right of withdrawal from the Collection Account, (ii) the funds on deposit in the Collection Account shall at all times be collateral security for all of the Obligations and (iii) during the continuance of such Cash Dominion Trigger Period, the funds on deposit in the Collection Account may be applied as provided in Section 2.05(c); provided that, if a Cash Dominion Trigger Period is no longer in effect, upon the request of the Borrower, the Administrative Agent shall promptly transfer any funds held in the Collection Account to a Concentration Account and/or the Reserved Cash Account, in each case as designated by the Borrower. In the event that, notwithstanding the provisions of this Section 6.16(a) or (b), any Credit Party receives or otherwise has dominion and control of any such proceeds or collections described above, such proceeds and collections shall be held in trust by such Credit Party for the Administrative Agent, and shall, not later than the Business Day after such Credit Party’s knowledge of receipt thereof, be deposited into a Concentration Account, or during the occurrence and continuation of a Cash Dominion Trigger Period, the Collection Account, or dealt with in such other fashion as such Credit Party may be reasonably instructed by the Administrative Agent.

Agency Account Agreements. Each Agency Account Agreement shall require that, during duringfollowing the occurrence and continuation of a Cash Dominion Trigger Period PeriodEvent and upon instruction of the Administrative Agent, each depositary bank party to such Agency Account Agreement transfer all cash receipts and other collections by ACH or wire transfer no less frequently than daily to an account in the name of the Administrative Agent designated by the Administrative Agent (the “Collection Account”); provided that so long as any Obligations are then outstanding, for the purposes of calculating interest, one Business Day shall be deemed added to the date such transfer is received. The Credit Parties hereby acknowledge and agree that (i) the Credit Parties have no right of withdrawal from the Collection Account, (ii) the funds on deposit in the Collection Account shall at all times be collateral security for all of the Obligations and (iii) during the continuance of such suchfollowing the occurrence of a Cash Dominion Trigger PeriodPeriodEvent, the funds on deposit in the Collection Account may be applied as provided in Section 2.05(c2.05 (b)(ii) and (c); provided that, if a Cash Dominion Trigger Period is no longer in effect, upon the request of the Borrower, the Administrative Agent shall promptly transfer any funds held in the Collection Account to a Concentration Account and/or the Reserved Cash Account, in each case as designated by the Borrower. In the event that, notwithstanding the provisions of this Section 6.16(a) or (b), any Credit Party receives or otherwise has dominion and control of any such proceeds or collections described above, such proceeds and collections shall be held in trust by such Credit Party for the Administrative Agent, and shall, not later than the Business Day after such Credit Party’s knowledge of receipt thereof, be deposited into a Concentration Account, or during duringfollowing the occurrence and continuation of a Cash Dominion Trigger PeriodPeriodEvent, the Collection Account, or dealt with in such other fashion as such Credit Party may be reasonably instructed by the Administrative Agent.