Controlled Accounts. (a) On or prior to the date hereof, the Borrower shall cause to be established and maintained, a deposit account at the Collection Account Bank, in the name of the Borrower, designated as the Collection Account, as to which the Collateral Agent has control for the benefit of the Secured Parties within the meaning of Section 9-104(a)(2) of the UCC pursuant to the Collection Account Control Agreement. The Collection Account Control Agreement shall provide that all funds on deposit in the Collection Account will be remitted to the Disbursement Account on each Business Day. (b) On or prior to the date hereof, the Borrower shall cause to be established and maintained, a deposit account at the Disbursement Account Bank, in the name of the Borrower, designated as the Disbursement Account, as to which the Collateral Agent has control for the benefit of the Secured Parties within the meaning of Section 9-104(a)(2) of the UCC pursuant to the Disbursement Account Control Agreement. (c) All income from amounts on deposit in the Collection Account shall be retained in the Collection Account, until the date on which the funds in the Collection Account are swept to the Disbursement Account in accordance with the Collection Account Control Agreement. All income from amounts on deposit in the Disbursement Account shall be retained in the Disbursement Account, until the next Settlement Date, at which time such income shall be applied, at the direction of the Collateral Agent in accordance with Section 2.10. The Borrower shall treat all income from amounts on deposit in the Disbursement Account as its income for federal, state and local income tax purposes. (d) Notwithstanding anything to the foregoing, subject to the Facility Availability and to the conditions set forth in Section 2.10(c) and Section 3.3 the Borrower, in accordance with Section 5.13, shall use amounts on deposit in the Disbursement Account to purchase additional Receivables.
Appears in 2 contracts
Samples: Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.)
Controlled Accounts. (a) On or prior to the date hereof, the Borrower shall cause to be established and maintained, a certain deposit account accounts at the Collection Account Bank, in the name of the Borrower, each designated as the a Collection Account, as to which the Collateral Agent has control for the benefit of the Secured Parties within the meaning of Section 9-104(a)(2) of the UCC pursuant to the a Collection Account Control Agreement. The Each Collection Account Control Agreement shall provide that all funds on deposit in the a Collection Account will be remitted to the applicable Disbursement Account on each Business Day.
(b) On or prior to the date hereof, the Borrower shall cause to be established and maintained, a certain deposit account accounts at the Disbursement Account Bank, in the name of the Borrower, each designated as the a Disbursement Account, as to which the Collateral Agent has control for the benefit of the Secured Parties within the meaning of Section 9-104(a)(2) of the UCC pursuant to the Disbursement Account Control Agreement.
(c) All income from amounts on deposit in the a Collection Account shall be retained in the such Collection Account, until the date on which the funds in the such Collection Account are swept to the applicable Disbursement Account in accordance with the Collection Account Control Agreement. All income from amounts on deposit in the a Disbursement Account shall be retained in the such Disbursement Account, until the next Settlement Date, at which time such income shall be applied, at the direction of the Collateral Agent in accordance with Section 2.10. The Borrower shall treat all income from amounts on deposit in the any Disbursement Account as its income for federal, state and local income tax purposes.
(d) Notwithstanding anything to the foregoing, subject to the Facility Availability and to the conditions set forth in Section 2.10(c) and Section 3.3 the Borrower, in accordance with Section 5.13, shall use amounts on deposit in the respective Disbursement Account Accounts to purchase additional Receivables.
Appears in 2 contracts
Samples: Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.)
Controlled Accounts. (a) On or prior to the date hereof, the Borrower shall cause to be established and maintained, a deposit account at the Collection Account Bank, in the name of the Borrower, designated as the Collection Account, as to which the Collateral Agent has control for the benefit of the Secured Parties within the meaning of Section 9-104(a)(2) of the UCC pursuant to the Collection Account Control Agreement. The Collection Account Control Agreement shall provide that all available funds on deposit in the Collection Account will be remitted to the Disbursement Account on each Business Day.
(b) On or prior to the date hereof, the Borrower shall cause to be established and maintained, a deposit account at the Disbursement Account Bank, in the name of the Borrower, designated as the Disbursement Account, as to which the Collateral Agent has control for the benefit of the Secured Parties within the meaning of Section 9-104(a)(2) of the UCC pursuant to the Disbursement Account Control Agreement.
(c) All income from amounts on deposit in the Collection Account shall be retained in the Collection Account, until the date on which the funds in the Collection Account are swept to the Disbursement Account in accordance with the Collection Account Control Agreement. All income from amounts on deposit in the Disbursement Account shall be retained in the Disbursement Account, until the next Settlement Date, at which time such income shall be applied, at the direction of the Collateral Agent in accordance with Section 2.10. The Borrower shall treat all income from amounts on deposit in the Disbursement Account as its income for federal, state and local income tax purposes.
(d) Notwithstanding anything to the foregoing, subject to the Facility Availability and to the conditions set forth in Section 2.10(c) and Section 3.3 3.3, the Borrower, in accordance with Section 5.13, shall may use amounts on deposit in the Disbursement Account to purchase additional Receivables.
Appears in 2 contracts
Samples: Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.)
Controlled Accounts. (a) On or prior to the date hereofhereofSixth Amendment Effective Date, the theeach Borrower shall cause to be established and maintained, a deposit account at the applicable Collection Account Bank, in the name of the thesuch Borrower, designated as the Collection AccountAccount for such Borrower, as to which the Collateral Agent has control for the benefit of the Secured Parties within the meaning of Section 9-104(a)(2) of the UCC pursuant to the applicable Collection Account Control Agreement. The TheEach Collection Account Control Agreement shall provide that all available funds on deposit in the applicable Collection Account will be remitted to the applicable Disbursement Account on each Business Day.
(b) On or prior to the date hereofhereofSixth Amendment Effective Date, the theeach Borrower shall cause to be established and maintained, a deposit account at the applicable Disbursement Account Bank, in the name of the thesuch Borrower, designated as the Disbursement AccountAccount for such Borrower, as to which the Collateral Agent has control for the benefit of the Secured Parties within the meaning of Section 9-104(a)(2) of the UCC pursuant to the applicable Disbursement Account Control Agreement.
(c) All income from amounts on deposit in the theeach Collection Account shall be retained in the thesuch Collection Account, until the date on which the funds in the thesuch Collection Account are swept to the applicable Disbursement Account in accordance with the applicable Collection Account Control Agreement. All income from amounts on deposit in the theeach Disbursement Account shall be retained in the thesuch Disbursement Account, until the next Settlement Date, at which time such income shall be applied, at the direction of the Collateral Agent in accordance with Section 2.10. The TheEach Borrower shall treat all income from amounts on deposit in the theits Disbursement Account as its income for federal, state and local income tax purposes.
(d) Notwithstanding anything to the foregoing, subject to the Facility Availability and to the conditions set forth in Section 2.10(c) and Section 3.3 the 3.3, theeach Borrower, in accordance with Section 5.13, shall may use amounts on deposit in the thesuch Borrower’s Disbursement Account to purchase additional Receivables.
Appears in 1 contract
Controlled Accounts. (a) On or prior to the date hereof, the Borrower shall cause to be established and maintained, a deposit account at the each Collection Account Bank, in the name of the Borrower, designated as the a Collection Account, as to which the Collateral Agent has control for the benefit of the Secured Parties within the meaning of Section 9-104(a)(2) of the UCC pursuant to the a Collection Account Control Agreement. The Each Collection Account Control Agreement shall provide that all funds on deposit in the related Collection Account will be remitted to the Disbursement Account on each Business Day.
(b) On or prior to the date hereof, the Borrower shall cause to be established and maintained, a deposit account at the Disbursement Account Bank, in the name of the Borrower, designated as the Disbursement Account, as to which the Collateral Agent has control for the benefit of the Secured Parties within the meaning of Section 9-104(a)(2) of the UCC pursuant to the Disbursement Account Control Agreement.
(c) All income from amounts on deposit in the each Collection Account shall be retained in the such Collection Account, until the date on which the funds in the such Collection Account are swept to the Disbursement Account in accordance with the applicable Collection Account Control Agreement. All income from amounts on deposit in the Disbursement Account shall be retained in the Disbursement Account, until the next Settlement Date, at which time such income shall be applied, at the direction of the Collateral Agent in accordance with Section 2.10. The Borrower shall treat all income from amounts on deposit in the Disbursement Account as its income for federal, state and local income tax purposes.
(d) Notwithstanding anything to the foregoing, subject to the Facility Availability and to the conditions set forth in Section 2.10(c) and Section 3.3 the Borrower, in accordance with Section 5.13, shall use amounts on deposit in the Disbursement Account to purchase additional Receivables.such
Appears in 1 contract
Controlled Accounts. (a) On or prior to the date hereof, the Borrower shall cause to be established and maintained, a acertain deposit account accountaccounts at the Collection Account Bank, in the name of the Borrower, each designated as the thea Collection Account, as to which the Collateral Agent has control for the benefit of the Secured Parties within the meaning of Section 9-104(a)(2) of the UCC pursuant to the thea Collection Account Control Agreement. The TheEach Collection Account Control Agreement shall provide that all funds on deposit in the thea Collection Account will be remitted to the applicable Disbursement Account on each Business Day.
(b) On or prior to the date hereof, the Borrower shall cause to be established and maintained, a acertain deposit account accountaccounts at the Disbursement Account Bank, in the name of the Borrower, each designated as the thea Disbursement Account, as to which the Collateral Agent has control for the benefit of the Secured Parties within the meaning of Section 9-104(a)(2) of the UCC pursuant to the Disbursement Account Control Agreement.
(c) All income from amounts on deposit in the thea Collection Account shall be retained in the thesuch Collection Account, until the date on which the funds in the thesuch Collection Account are swept to the applicable Disbursement Account in accordance with the Collection Account Control Agreement. All income from amounts on deposit in the thea Disbursement Account shall be retained in the thesuch Disbursement Account, until the next Settlement Date, at which time such income shall be applied, at the direction of the Collateral Agent in accordance with Section 2.10. The Borrower shall treat all income from amounts on deposit in the theany Disbursement Account as its income for federal, state and local income tax purposes.
(d) Notwithstanding anything to the foregoing, subject to the Facility Availability and to the conditions set forth in Section 2.10(c) and Section 3.3 the Borrower, in accordance with Section 5.13, shall use amounts on deposit in the respective Disbursement Account AccountAccounts to purchase additional Receivables.
Appears in 1 contract