Collection Banks; etc. Except as otherwise notified to the Administrative Agent in accordance with Section 5.2(b):
(i) the Seller has instructed, or has caused each Originator to instruct, all Obligors to pay all Collections directly to a segregated lock-box identified on Exhibit III hereto,
(ii) in the case of all proceeds remitted to any such lock-box which is now or hereafter established, such proceeds will be deposited directly by the applicable Collection Bank into a concentration account or a depository account listed on Exhibit III,
(iii) the names and addresses of all Collection Banks, together with the account numbers of the Collection Accounts of the Seller at each Collection Bank, are listed on Exhibit III, and
(iv) each lock-box and Collection Account to which Collections are remitted shall be subject to a Collection Account Agreement that is then in full force and effect. In the case of lock-boxes and Collection Accounts identified on Exhibit III which were established by an Originator or by any Person other than the Seller, exclusive dominion and control thereof has been transferred to the Seller. The Seller has not granted to any Person, other than the Administrative Agent as contemplated by this Agreement, dominion and control of any lock-box or Collection Account, or the right to take dominion and control of any lock-box or Collection Account at a future time or upon the occurrence of a future event.
Collection Banks; etc. Except as otherwise notified to the Agent in accordance with Section 5.2(b), (i) the Seller has instructed, or has caused each Originator and the Transferor to instruct, all Obligors to pay all Collections directly to a lock-box or a depository account listed on Exhibit III, (ii) all proceeds from such lock-boxes are deposited directly by a Collection Bank into a depository account listed on Exhibit III, (iii) the names and addresses of all Collection Banks, together with the account numbers of the Collection Accounts of the Seller at each Collection Bank, are listed on Exhibit III, and (iv) each Collection Account to which Collections are remitted is, or will be within 60 days of the date hereof, subject to a Collection Account Agreement that is in full force and effect. The Seller has not granted any Person, other than the Agent as contemplated by this Agreement, dominion and control of any Collection Account, or the right to take dominion and control of any Collection Account at a future time or upon the occurrence of a future event.
Collection Banks; etc. 11 (k) Material Adverse Effect...................................... 12 (l) Names........................................................ 12 (m)
Collection Banks; etc. Except as otherwise notified to the Administrative Agent in accordance with Section 6.03 and subject to Section 5.23:
(i) the Borrower has instructed, or has caused each Originator to instruct, all Obligors to pay all Collections directly to a segregated lock-box identified on Schedule 3 hereto or to such other location as the Administrative Agent shall have instructed under Section 5.15,
(ii) in the case of all proceeds remitted to any such lock-box which is now or hereafter established, such proceeds will be deposited directly by the applicable Collection Bank into a concentration account or a depository account listed on Schedule 3 (as amended from time to time in accordance with the terms hereof),
(iii) the names and addresses of all Collection Banks, together with the account numbers of the Collection Accounts of the Borrower at each Collection Bank, are listed on Schedule 3 (as amended from time to time in accordance with the terms hereof), and
(iv) each lock-box and Collection Account to which Collections are remitted shall be subject to a Collection Account Agreement that is then in full force and effect. In the case of lock-boxes and Collection Accounts identified on Schedule 3 (as amended from time to time in accordance with the terms hereof) which were established by an Originator or by any Person other than the Borrower, exclusive dominion and control thereof has been transferred to the Borrower. The Borrower has not granted to any other Person, other than (i) the Administrative Agent as contemplated by this Agreement and (ii) the Originators, subject to the terms, conditions and provisions of the Originator Intercreditor Agreement, dominion and control of any lock-box or Collection Account, or the right to take dominion and control of any lock-box or Collection Account at a future time or upon the occurrence of a future event.
Collection Banks; etc. Except as otherwise notified to the ---------------------- Agent in accordance with Section 5.2(b), (i) the Seller has instructed all -------------- Obligors to pay all Collections directly to a lock-box listed on Exhibit III or at one of the Seller's or a Wholly-Owned Subsidiary's stores, (ii) all proceeds from such lock-boxes are deposited directly by a Collection Bank into one of the depository accounts listed on Exhibit III, (iii) the names and addresses of all Collection Banks, together with the account numbers of the Collection Accounts of the Seller at each Collection Bank, are listed on Exhibit III. The Seller has not granted any Person, other than the Agent as contemplated by this Agreement, dominion and control of any Collection Account, or the right to take dominion and control of any Collection Account at a future time or upon the occurrence of a future event.
Collection Banks; etc. Except as otherwise notified to the Buyer in accordance with Section 4.2(b):
(i) such Originator has instructed all Obligors to pay all Collections directly to a segregated lock-box identified on Exhibit III to the Purchase Agreement,
(ii) in the case of all proceeds remitted to any such lock-box which is now or hereafter established, such proceeds will be deposited directly by the applicable Collection Bank into a concentration account or a depository account listed on Exhibit III to the Purchase Agreement,
(iii) the names and addresses of all Collection Banks, together with the account numbers of the Collection Accounts of such Originator at each Collection Bank, are listed on Exhibit III to the Purchase Agreement, and
(iv) each lock-box and Collection Account to which Collections are remitted shall be subject to a Collection Account Agreement that is then in full force and effect; provided, however, that the Collection Account(s) at Bank of America, N.A. need not be subject to a Collection Account Agreement until July 21, 2004. In the case of lock-boxes and Collection Accounts identified on Exhibit III to the Purchase Agreement, exclusive dominion and control thereof has been transferred to the Buyer. Such Originator has not granted any Person, other than the Buyer as contemplated by this Agreement, dominion and control of any lock-box or other Collection Account, or the right to take dominion and control of any lock-box or other Collection Account at a future time or upon the occurrence of a future event.
Collection Banks; etc. Except as otherwise notified to Purchaser and Agent in accordance with Section 4.2(b), (i) Seller has instructed all Obligors to pay all Collections directly to a Collection Account at Fleet which shall be a lock-box account or a lock-box at a Collection Bank listed on Exhibit III, (ii) any proceeds from such lock-boxes shall be deposited directly by a Collection Bank into the Collection Account listed on Exhibit III, (iii) the names and addresses of all Collection Banks, together with the account numbers of the Collection Accounts of Seller at each Collection Bank, are listed on Exhibit III. Seller has not granted any Person, other than Purchaser and Agent as contemplated by this Agreement, dominion and control of any Collection Account, or the right to take dominion and control of any Collection
Collection Banks; etc. Except as otherwise notified to the Agent in accordance with SECTION 5.2(B):
(i) the Seller has instructed, or has caused the Originator to instruct, all Obligors to pay all Collections directly to a segregated lock-box identified on EXHIBIT III hereto,
(ii) in the case of all proceeds remitted to any such lock-box which is now or hereafter established, such proceeds will be deposited directly by the applicable Collection Bank into a concentration account or a depository account listed on EXHIBIT III,
(iii) the names and addresses of all Collection Banks, together with the account numbers of the Collection Accounts of the Seller at each Collection Bank, are listed on EXHIBIT III, and
(iv) each lock-box and Collection Account to which Collections are remitted shall be subject to a Collection Account Agreement that is then in full force and effect.
Collection Banks; etc. Except as otherwise notified to the Buyer in accordance with Section 4.2(b), (i) the Originator has instructed all Obligors to pay all Collections directly to a LockBox, (ii) all proceeds from such Lock-Boxes are deposited directly by a Collection Bank into a Collection Account listed on Exhibit III, (iii) the names and addresses of all Collection Banks, together with the account numbers of the Collection Accounts of the Originator at each Collection Bank, are listed on Exhibit III, and (iv) each Collection Account to which Collections are remitted is subject to a Collection Account Agreement that is in full force and effect. This Agreement, together with the Collection Account Agreements, is effective to, and does, transfer to the Buyer all right, title and interest of the Originator in and to each Lock-Box and Collection Account. The Originator has not granted any Person, other than the Buyer as contemplated by this Agreement, dominion and control of any Lock-Box or Collection Account, or the right to take dominion and control of any Collection Account at a future time or upon the occurrence of a future event and each Lock-Box and Collection Account is otherwise free and clear of any Adverse Claim.
Collection Banks; etc. Except as otherwise notified to the Agent --------------------- in accordance with Section 5.2(b), (i) the Seller has instructed, or has -------------- required the Originator to instruct, all Obligors to pay all Collections (A) directly to a lock-box listed on EXHIBIT III over which exclusive dominion and control has been transferred to the Seller or (B) at one of the Seller's or one of its Wholly-Owned Subsidiaries' stores, (ii) all proceeds from such lock-boxes are deposited directly by a Collection Bank into one of the depository accounts listed on EXHIBIT III, (iii) the names and addresses of all Collection Banks, together with the account numbers of the Collection Accounts of the Seller at each Collection Bank, are listed on EXHIBIT III. The Seller has not granted any Person, other than the Agent as contemplated by this Agreement, dominion and control of any Collection Account, or the right to take dominion and control of any Collection Account at a future time or upon the occurrence of a future event.
