Bank Fees. Company agrees to pay all Bank’s fees and charges for the maintenance and administration of the Restricted Account and for the treasury management and other account services provided with respect to the Restricted Account (collectively “Bank Fees”), including, but not limited to, the fees for (a) the Balance Reports provided on the Restricted Account, (b) the wire transfer services received with respect to the Restricted Account, (c) Returned Items, (d) funds advanced to cover overdrafts in the Restricted Account (but without Bank being in any way obligated to make any such advances), and (e) duplicate bank statements on the Restricted Account. Before Bank receives the Instructions, the Bank Fees will be paid by Bank debiting the Restricted Account, and after Bank receives the Instructions the Bank fees will be paid by Bank debiting one or more of the demand deposit operating accounts of Company at Bank specified at the end of this Agreement (the “Operating Accounts”). All such debits will be made on the Business Day that the Bank Fees are due without notice to Secured Party or Company. If there are not sufficient funds in the Restricted Account, or after Bank receives the Instructions, the Operating Accounts, to cover fully the Bank Fees on the Business Day they are debited from the Restricted Account or the Operating Accounts, or if no Operating Accounts are indicated at the end of this Agreement, such shortfall or the amount of such Bank Fees will be paid by Company sending Bank a check in the amount of such shortfall or such Bank Fees, without setoff or counterclaim, within fifteen (15) calendar days after demand of Bank. After Bank receives the Instructions, Secured Party agrees to pay the Bank Fees within thirty (30) calendar days after demand, without setoff or counterclaim, to the extent such Bank Fees are not paid in full by Company by check within fifteen (15) calendar days after demand on Company by Bank. Bank may, in its discretion, change the Bank Fees upon thirty (30) calendar days prior written notice to Company and Secured Party.
Appears in 6 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Fluidigm Corp), Loan and Security Agreement (Fluidigm Corp)
Bank Fees. Company agrees to pay all Bank’s 's fees and charges for the maintenance and administration of the Restricted Account and for the treasury management and other account services provided with respect to the Restricted Account (collectively “"Bank Fees”"), including, but not limited to, the fees for (a) the Balance Reports provided on the Restricted Account, (b) the wire transfer services received with respect to the Restricted Account, (c) Returned Items, (d) funds advanced to cover overdrafts in the Restricted Account (but without Bank being in any way obligated to make any such advances), and (e) duplicate bank statements on the Restricted Account. Before Bank receives the Instructions, the Bank Fees will be paid by Bank debiting the Restricted Account, and after Bank receives the Instructions the Bank fees will be paid by Bank debiting one or more of the demand deposit operating accounts of Company at Bank specified at the end of this Agreement (the “"Operating Accounts”"). All such debits will be made on the Business Day that the Bank Fees are due without notice to Secured Party or Company. If there are not sufficient funds in the Restricted Account, or after Bank receives the Instructions, the Operating Accounts, to cover fully the Bank Fees on the Business Day they are debited from the Restricted Account or the Operating Accounts, or if no Operating Accounts are indicated at the end of this Agreement, such shortfall or the amount of such Bank Fees will be paid by Company sending Bank a check in the amount of such shortfall or such Bank Fees, without setoff or counterclaim, within fifteen (15) calendar days after demand of Bank. After Bank receives the Instructions, Secured Party agrees that Bank shall be entitled to pay set off against the Restricted Account for the Bank Fees within thirty (30) calendar days after demand, without setoff or counterclaimFees, to the extent such Bank Fees are not paid in full by Company by check within fifteen (15) calendar days after demand on Company by Bank. Bank may, in its discretion, change the Bank Fees upon thirty (30) calendar days prior written notice to Company and Secured Party.
Appears in 2 contracts
Samples: Restricted Account Agreement (MRS Fields Financing Co Inc), Restricted Account Agreement (MRS Fields Financing Co Inc)
Bank Fees. Company agrees to pay all Bank’s fees and charges for the maintenance and administration of the Restricted Account Collateral Accounts and for the treasury management and other account services provided with respect to the Restricted Account Collateral Accounts and any Lockboxes (collectively “Bank Fees”), including, but not limited to, the fees for (a) the Balance Reports provided on the Restricted AccountCollateral Accounts, (b) the wire funds transfer services received with respect to the Restricted AccountCollateral Accounts, (c) lockbox processing services, (d) Returned Items, (de) funds advanced to cover overdrafts in the Restricted Account Collateral Accounts (but without Bank being in any way obligated to make any such advances), and (ef) duplicate bank statements on the Restricted Accountstatements. Before Bank receives the Instructions, the The Bank Fees will be paid by Bank debiting the Restricted Account, and after Bank receives the Instructions the Bank fees will be paid by Bank debiting one or more of the demand deposit operating accounts of Company at Bank specified at the end of this Agreement (the “Operating Accounts”). All such debits will be made Collateral Accounts on the Business Day that the Bank Fees are due due, without notice to Secured Party Agents or Company. If there are not sufficient funds in the Restricted Account, or after Bank receives the Instructions, the Operating Accounts, Collateral Accounts to cover fully the Bank Fees on the Business Day they are debited Bank attempts to debit them from the Restricted Account or the Operating Collateral Accounts, or if no Operating Accounts are indicated at the end of this Agreement, such shortfall or the amount of such Bank Fees will be paid by Company sending Bank a check in the amount of such shortfall or such Bank Feesto Bank, without setoff or counterclaim, within five (5) calendar days after written demand from Bank. Controlling Agent agrees to pay any Bank Fees which accrue after Bank receives an Access Termination Notice and before the earlier of (i) Bank’s receipt of a Rescission Notice or (ii) the termination of this Agreement pursuant to Section 16 below, within fifteen (15) calendar days after demand of Bank. After Bank receives the Instructions, Secured Party agrees to pay the Bank Fees within thirty (30) calendar days after written demand, without setoff or counterclaim, to the extent (i) such Bank Fees are not paid in full by Company by check within fifteen five (155) calendar days after written demand on Company by Bank. , and (ii) such Agent received Collateral Account Funds under this Agreement and any amounts continued to be held in the Collateral Accounts by Bank may, pursuant to instructions by the Controlling Agent to continue to hold all funds in its discretion, change the Bank Fees upon thirty (30) calendar days prior written notice Collateral Account pursuant to Company and Secured PartySection 4.
Appears in 2 contracts
Samples: Security Agreement (Chinos Holdings, Inc.), Security Agreement (J Crew Group Inc)
Bank Fees. Company agrees to pay all Bank’s fees and charges for the maintenance and administration of the Restricted Account Accounts and Securities Accounts and for the treasury management and other account services provided with respect to the Restricted Account Accounts and Securities Accounts (collectively “Bank Fees”), including, but not limited to, the fees for (a) the Balance Reports provided on the Restricted AccountAccounts and Securities Accounts, (b) the wire funds transfer services received with respect to the Restricted AccountAccounts, (c) Returned Items, (d) funds advanced to cover overdrafts in the Restricted Account Accounts (but without Bank being in any way obligated to make any such advances), and (e) duplicate bank statements on the Restricted AccountAccounts. Before Bank receives the Instructions, the The Bank Fees will be paid by Bank debiting the Restricted Account, and after Bank receives the Instructions the Bank fees will be paid by Bank debiting one or more of the demand deposit operating accounts of Company at Bank specified at the end of this Agreement (the “Operating Accounts”). All such debits will be made Restricted Accounts on the Business Day that the Bank Fees are due due, without notice to Secured Party or Company. If there are not sufficient funds in the Restricted Account, or after Bank receives the Instructions, the Operating Accounts, Accounts to cover fully the Bank Fees on the Business Day they are debited from the Restricted Account or the Operating Accounts, or if no Operating Accounts are indicated at the end of this Agreement, such shortfall or the amount of such Bank Fees will be paid by Company sending Bank a check in the amount of such shortfall or such Bank Fees, without setoff or counterclaim, within fifteen (15) calendar days after demand of Bank. After Bank receives the Instructions, to the extent Secured Party has received proceeds from the Restricted Accounts, Secured Party agrees to pay the Bank Fees within thirty (30) calendar days after demand, without setoff or counterclaim, to the extent such Bank Fees are not paid in full by Company by check within fifteen (15) calendar days after demand on Company by Bank. Bank may, in its discretion, change the Bank Fees upon thirty (30) calendar days prior written notice to Company and Secured Party.
Appears in 1 contract
Samples: Restricted Account and Securities Account Control Agreement (Rancher Energy Corp.)
Bank Fees. Company agrees to pay all Bank’s 's fees and charges for the maintenance and administration of the Restricted Collection Account and for the treasury management and other account services provided with respect to the Restricted Collection Account (collectively “"Bank Fees”"), including, but not limited to, the fees for (a) the Balance Reports provided on the Restricted Collection Account, (b) the wire transfer services received with respect to the Restricted Collection Account, (c) Returned Items, (d) funds advanced to cover overdrafts in the Restricted Collection Account (but without Bank being in any way obligated to make any such advances), and (e) duplicate bank statements on the Restricted Collection Account. Before Bank receives the Instructions, the The Bank Fees will be paid by Bank debiting the Restricted Account, and after Bank receives the Instructions the Bank fees will be paid by Bank debiting one or more of the demand deposit operating accounts of Company at Bank specified at the end of this Agreement (the “"Operating Accounts”"). All such debits will be made on the Business Day that the Bank Fees are due without notice to Secured Party Lender or Company. If there are not sufficient funds in the Restricted Account, or after Bank receives the Instructions, the Operating Accounts, Accounts to cover fully the Bank Fees on the Business Day they are debited from the Restricted Account or the Operating Accounts, or if no Operating Accounts are indicated at the end of this Agreement, such shortfall or the amount of such Bank Fees will be paid by Company sending Bank a check in the amount of such shortfall or such Bank Fees, without setoff or counterclaim, within fifteen (15) calendar days after demand of Bank. After Bank receives the Instructions, Secured Party Lender agrees to pay the Bank Fees within thirty (30) calendar days after demand, without setoff or counterclaim, to the extent such Bank Fees are not paid in full by Company by check within fifteen (15) calendar days after demand on Company by Bank. Bank may, in its discretion, change the Bank Fees upon thirty (30) calendar days prior written notice to Company and Secured PartyLender.
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