Common use of Collection Banks; etc Clause in Contracts

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.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Yrc Worldwide Inc), Receivables Purchase Agreement (Yellow Roadway Corp), Receivables Purchase Agreement (Yellow Roadway Corp)

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Collection Banks; etc. Except as otherwise notified to the --------------------- Administrative Agent in accordance with Section 5.2(b6.02(b): (i) the Seller has instructed, or has caused each Originator required the Originators and the Servicer to instruct, all Obligors to pay all Collections directly to a segregated lock-box identified on Exhibit III E hereto, (ii) in the case of all proceeds remitted to any such lock-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 IIIE, (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 IIIE, 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 E which were established by an any 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.

Appears in 1 contract

Samples: Receivable Interest Purchase Agreement (Federal Mogul Corp)

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 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. In the case of lock-boxes and Collection Accounts identified on Exhibit III which were established by an the 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.

Appears in 1 contract

Samples: Purchase Agreement (Yellow Corp)

Collection Banks; etc. Except as otherwise notified to the Administrative Agent Buyer in accordance with Section 5.2(bSECTION 4.2(B): (i) the Seller Originator has instructed, or has caused each Originator to instruct, instructed all Obligors (other than the Obligors on Flexible Packaging Receivables) to pay all Collections directly to a segregated lock-box identified on Exhibit 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 EXHIBIT III, (iii) the names and addresses of all Collection Banks, together with the account numbers of the Collection Accounts of the Seller Originator at each Collection Bank, are listed on Exhibit 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 SellerEXHIBIT III, exclusive dominion and control thereof has been transferred to the SellerBuyer. The Seller Originator has not granted to any Person, other than the Administrative Agent Buyer as contemplated by this AgreementAgreement (and other than the Bank Agent, from and after termination of the Collection Account Agreements), 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.

Appears in 1 contract

Samples: Receivables Sale Agreement (Printpack Inc)

Collection Banks; etc. Except as otherwise notified to the Administrative Agent in accordance with Section 5.2(bSECTION 5.2(B): (i) the Seller has instructed, or has caused each required the Originator to instruct, all Obligors (other than the Obligors on Flexible Packaging Receivables) to pay all Collections directly to a segregated lock-box identified on Exhibit 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 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 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 EXHIBIT III which were established by an the Originator or by any Person other than the SellerSeller (and other than the Bank Agent, from and after termination of the Collection Account Agreements), 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.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Printpack Inc)

Collection Banks; etc. Except as otherwise notified to the Administrative Agent in accordance with Section 5.2(bSECTION 5.2(B): (i) the Seller has instructed, or has caused each the Originator to instruct, all Obligors to pay all Collections directly to a segregated lock-box identified on Exhibit 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 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 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 EXHIBIT III which were established by an the 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.

Appears in 1 contract

Samples: Receivables Purchase Agreement (JPF Acquisition Corp)

Collection Banks; etc. Except as otherwise notified to the Administrative Agent in accordance with Section 5.2(b6.02(b): (i) the Seller has instructed, or has caused each Originator required the Originators and the Servicer to instruct, all Obligors to pay all Collections directly to a segregated lock-box identified on Exhibit III E 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 IIIE, (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 IIIE, 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 E which were established by an any 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.

Appears in 1 contract

Samples: Receivable Interest Purchase Agreement (Federal Mogul Corp)

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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 the Originators to instruct, all Obligors to pay all Collections directly to a segregated lock-box identified listed on Exhibit III hereto, (ii) or, in the case of all wire-transfers on Deutsche Xxxx-denominated Receivables, to the concentration account therefor specified on Exhibit III, (ii) proceeds remitted to from any such lock-box which is now or hereafter established, such proceeds will be lock- boxes are deposited directly by the applicable a 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 and (iv) each lock-box and Collection Account to which Collections are remitted shall be is 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.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Donnelly Corp)

Collection Banks; etc. Except as otherwise notified to the Administrative Agent Buyer --------------------- in accordance with Section 5.2(bSECTION 4.2(B): (i) the Seller Originator has instructed, or has caused each Originator to instruct, instructed all Obligors to pay all Collections directly to a segregated lock-box identified on Exhibit EXHIBIT III heretohereto or at one of the Originator's or a Wholly-Owned Subsidiary's stores, (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 EXHIBIT III, (iii) the names and addresses of all Collection Banks, together with the account numbers of the Collection Accounts of the Seller Originator at each Collection Bank, are listed on Exhibit 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 SellerEXHIBIT III, exclusive dominion and control thereof has been transferred to the SellerBuyer. The Seller Originator has not granted to any Person, other than the Administrative Agent 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.

Appears in 1 contract

Samples: Receivables Sale Agreement (Kohls Corporation)

Collection Banks; etc. Except as otherwise notified to the Administrative --------------------- Agent in accordance with Section 5.2(b6.02(b): (i) the Seller has instructed, or has caused each Originator required the Originators and the Servicer to instruct, all Obligors to pay all Collections directly to a segregated lock-box identified on Exhibit III EXHIBIT E 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 IIIEXHIBIT E, (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 IIIEXHIBIT E, 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 EXHIBIT E which were established by an any 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.

Appears in 1 contract

Samples: Receivable Interest Purchase Agreement (Federal Mogul Corp)

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