Commingled Accounts. The Issuer’s Securities may be held by the Custodian in an omnibus securities account at a Subcustodian or Depository, along with the securities of other customers of the Custodian and will be treated as fungible with all other securities of the same issue held in such account by the Custodian with such Subcustodian or Depository. This means that the redelivery rights of the Issuer in respect of the Securities are not in respect of the Securities actually deposited with the Custodian from time to time but rather in respect of Securities of the same number, class, denomination and issue as those Securities originally deposited with the Custodian in the Securities Accounts from time to time. Such Subcustodian or Depository may then hold the Issuer’s Securities in an omnibus account with a third party that it engages (“third party”). If the Subcustodian or Depository defaulted, and held less securities than it should for the benefit of all of its custody clients, there may be a shortfall. Any shortfall may then have to be shared pro rata among all clients whose securities are held by that Subcustodian or Depository and the Issuer may not receive its full entitlement. As a result, in the event of the default of such a Subcustodian or Depository, there is a risk that not all Securities deposited by the Custodian with Subcustodian or Depository will be returned to the Custodian where there is a shortfall at the Subcustodian or Depository. In addition, in certain markets, it may not be possible under national law for securities belonging to the Issuer and held in custody by a Subcustodian, Depository or third party to be separately identifiable from the proprietary assets of that holding party (or the Custodian, where the Custodian is a client and account holder with the relevant Subcustodian, Depository or third party).
Commingled Accounts. Custodian may permit a Sub-Custodian to commingle the Securities of Client with Securities of other sub-custodial accounts held by the Sub-Custodian for the account of Custodian and other customers of the Sub-Custodian; provided however, that under no circumstances shall any such sub-custodial account
Commingled Accounts. No Seller Entity will permit funds in any Collection Account to be subject to any Lien, attachment or encumbrance (other than Permitted Liens). If, notwithstanding the foregoing, any funds are deposited into any Collection Account that are subject to a Lien, attachment or encumbrance (other than Permitted Liens), the related Originator shall promptly (but in any event within one (1) Business Day after identification and deposit) remove such funds from the Collection Account.
Commingled Accounts. Seller hereby agrees promptly upon receipt to transfer, or cause to be promptly transferred, to Buyer all amounts received by Seller or its affiliates which represent proceeds of Purchased Accounts Receivable. Such amounts shall be transferred by wire transfer in immediately available funds, free of any and all claims, liens and other encumbrances to an account designated by Buyer.
Commingled Accounts. The depository accounts of Century K or NSA into which proceeds of Commingled Receivables are deposited.
Commingled Accounts. The valuation date of the Trust Fund will be the date or dates elected in the Adoption Agreement, which valuation dates shall be at least annually. As of each valuation date, the Plan Administrator will determine the value of the assets at their then current fair market value, subtract all liabilities and the cash value of any life insurance contracts purchased on behalf of Participants, if any, and add the value of contributions by the Employer and all Participants for the period. Earnings, losses, and changes in fair market value will be allocated to Participant Accounts in the ratio that the adjusted total dollar value of each Account bears to the aggregate adjusted dollar value of all Accounts as of the last previous valuation date. The value of any Account that becomes distributable will be the value of the Account as of the valuation date immediately preceding the distribution. The dollar value of each Account will be adjusted by taking into account any withdrawals by or distributions to the Participant, any premiums paid on individual insurance contracts during the period since the last valuation date, and the cash value of any insurance contracts. The Plan Administrator will be under no obligation to compute the value of any Participant's Accounts more often than as of each valuation date. If contributions made to the Plan prior to a valuation date are segregated from other Trust assets, each Participant will be credited with the Participant's proportional share of any earnings on such segregated contributions in the ratio that such segregated contributions made on the Participant's behalf bears to the total segregated contributions on behalf of all Participants.
