Common use of Agreement with Depository Institution Clause in Contracts

Agreement with Depository Institution. Except as otherwise provided in the related Servicing Supplement, each Exchange Note Account will only be established at a Qualified Institution or Qualified Trust Institution that agrees in writing that: (i) all securities, instruments, cash or other property delivered to it pursuant to the Collateral Agency Agreement, the applicable Closed-End Exchange Note Supplement, this Closed-End Servicing Agreement or the applicable Servicing Supplement and all investments of funds held in any such Exchange Note Account will be promptly credited to such Exchange Note Account; (ii) all securities, instruments, cash or other property credited to any such Exchange Note Account will be treated as a “financial asset” within the meaning of Section 8-102(a)(9) of the New York UCC; (iii) at all times prior to being notified by the Closed-End Collateral Agent that (x) all of the related Closed-End Exchange Notes have been repaid or redeemed in full and (y) the applicable Exchange Note Account has been released from the security interest granted pursuant to Section 2.1 of the Security Agreement, it will comply with “entitlement orders” (as defined in Section 8-102(a)(8) of the New York UCC) originated by the secured party without further consent of the Borrower or any other Person; and (iv) the law of the State of New York will govern each such Exchange Note Account.

Agreement with Depository Institution. Except as otherwise provided in the related Servicing SupplementSupplement (if applicable), each Exchange Note Bank Account will only be established at a Qualified Institution depository institution or Qualified Trust Institution trust company that agrees in writing that: (i) all securities, instruments, cash or other property delivered to it pursuant to the Basic Collateral Agency Agreement, the applicable Closed-End Exchange Note Supplement, this Closed-End Servicing Agreement or the applicable Servicing Supplement and all investments of funds held in any such Exchange Note Collection Account will be promptly credited to such Exchange Note Collection Account; (ii) all securities, instruments, cash or other property credited to any such Exchange Note Collection Account will be treated as a “financial asset” within the meaning of Section 8-102(a)(9) of the New York UCC; (iii) at all times prior to being notified by the Closed-End Collateral Agent that (xA) all of the related Closed-End Revolving Facility Balance and each Exchange Notes Note have been repaid or redeemed paid in full full, (B) the Revolving Facility has been terminated and (yC) the applicable Exchange Note Account has Bank Accounts have been released from the security interest granted pursuant to Section 2.1 3.02 of the Security Collateral Agency Agreement, it will comply with “entitlement orders” (as defined in Section 8-102(a)(8) of the New York UCC) originated by the related secured party without further consent of the Borrower or any other Person; and (iv) the law Securities Intermediary’s jurisdiction (within the meaning of Section 8-110 of the UCC) is the State of New York will govern each such Exchange Note AccountYork.

Agreement with Depository Institution. Except as otherwise provided in the related Servicing SupplementSupplement (if applicable), each Exchange Note Bank Account will only be established at a Qualified Institution depository institution or Qualified Trust Institution trust company that agrees in writing that: (i) all securities, instruments, cash or other property delivered to it pursuant to the Basic Collateral Agency Agreement, the applicable Closed-End Exchange Note Supplement, this Closed-End Servicing Agreement or the applicable Servicing Supplement and all investments of funds held in any such Exchange Note Collection Account will be promptly credited to such Exchange Note Collection Account; (ii) all securities, instruments, cash or other property credited to any such Exchange Note Collection Account will be treated as a “financial asset” within the meaning of Section 8-102(a)(9) of the New York UCC; (iii) at all times prior to being notified by the Closed-End Collateral Agent that (xA) all of the related Closed-End Revolving Facility Balance and each Exchange Notes Note have been repaid or redeemed paid in full full, (B) the Revolving Facility has been terminated and (yC) the applicable Exchange Note Account has Bank Accounts have been released from the security interest granted pursuant to Section 2.1 3.02 of the Security Collateral Agency Agreement, it will comply with “entitlement orders” (as defined in Section 8-102(a)(8) of the New York UCC) originated by the related secured party without further consent of the Borrower or any other Person; and (iv) the law Security Intermediary’s jurisdiction (within the meaning of Section 8-110 of the UCC) is the State of New York will govern each such Exchange Note AccountYork.

Agreement with Depository Institution. Except as otherwise provided in the related Servicing Supplement, each Exchange Note Account will only be established at a Qualified Institution or Qualified Trust Institution that agrees in writing that: (i) all securities, instruments, cash or other property delivered to it pursuant to the Collateral Agency Agreement, the applicable Closed-End Exchange Note Supplement, this Closed-End Servicing Agreement or the applicable Servicing Supplement and all investments of funds held in any such Exchange Note Account will be promptly credited to such Exchange Note Account; (ii) all securities, instruments, cash or other property credited to any such Exchange Note Account will be treated as a “"financial asset” " within the meaning of Section 8-102(a)(9) of the New York UCC; (iii) at all times prior to being notified by the Closed-End Collateral Agent that (x) all of the related Closed-End Exchange Notes have been repaid or redeemed in full and (y) the applicable Exchange Note Account has been released from the security interest granted pursuant to Section 2.1 of the Security Agreement, it will comply with “"entitlement orders” " (as defined in Section 8-102(a)(8) of the New York UCC) originated by the secured party without further consent of the Borrower or any other Person; and (iv) the law of the State of New York will govern each such Exchange Note Account.