Common use of Controlled Deposit Accounts Clause in Contracts

Controlled Deposit Accounts. Each Lien Grantor represents, warrants and covenants as follows: (a) All cash owned by such Lien Grantor will be deposited, upon or promptly after the receipt thereof, in one or more Controlled Deposit Accounts. Each Controlled Deposit Account will be operated as provided in ‎Section 10. (b) In respect of each Controlled Deposit Account, the Depositary Bank’s jurisdiction (determined as provided in UCC Section 9-304) will at all times be a jurisdiction in which Article 9 of the Uniform Commercial Code is in effect. (c) So long as the Applicable Agent has Control of a Controlled Deposit Account, the Transaction Lien on such Controlled Deposit Account will be perfected, subject to no prior Liens or rights of others (except the Depositary Bank’s right to deduct its normal operating charges and any uncollected funds previously credited thereto and any other Liens consented to by the Applicable Agent, and non-consensual Liens permitted under Section 6.01 of the Credit Agreement having priority as a matter of law).

Appears in 2 contracts

Samples: Revolving Credit Security Agreement, Revolving Credit Security Agreement (Tower International, Inc.)

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Controlled Deposit Accounts. Each Lien Grantor represents, warrants and covenants as follows: (a) All cash owned by such Lien Grantor will be deposited, upon or promptly after the receipt thereof, in one or more Controlled Deposit Accounts. Each Controlled Deposit Account will be operated as provided in ‎Section Section 10. (b) In respect of each Controlled Deposit Account, the Depositary Bank’s jurisdiction (determined as provided in UCC Section 9-304) will at all times be a jurisdiction in which Article 9 of the Uniform Commercial Code is in effect. (c) So long as the Applicable Agent has Control of a Controlled Deposit Account, the Transaction Lien on such Controlled Deposit Account will be perfected, subject to no prior Liens or rights of others (except the Depositary Bank’s right to deduct its normal operating charges and any uncollected funds previously credited thereto and any other Liens consented to by the Applicable Agent, and non-consensual Liens permitted under Section 6.01 6.01(b) of the Credit Agreement having priority as a matter of lawAgreement).

Appears in 2 contracts

Samples: Abl Security Agreement, Abl Security Agreement (Tower Automotive, LLC)

Controlled Deposit Accounts. Each Lien Grantor represents, warrants and covenants as follows: (a) All cash owned by such Lien Grantor will be deposited, upon or promptly after the receipt thereof, in one or more Controlled Deposit Accounts. Each Controlled Deposit Account will be operated as provided in ‎Section Section 10. (b) In respect of each Controlled Deposit Account, the Depositary Bank’s jurisdiction (determined as provided in UCC Section 9-304) will at all times be a jurisdiction in which Article 9 of the Uniform Commercial Code is in effect. (c) So long as the Applicable Agent has Control of a Controlled Deposit Account, the Transaction Lien on such Controlled Deposit Account will be perfected, subject to no prior Liens or rights of others (except the Depositary Bank’s right to deduct its normal operating charges and any uncollected funds previously credited thereto and any other Liens consented to by the Applicable Agent, and non-consensual Liens permitted under Section 6.01 of the Credit Agreement having priority as a matter of law).

Appears in 2 contracts

Samples: Revolving Credit Security Agreement (Tower International, Inc.), Abl Security Agreement (Tower International, Inc.)

Controlled Deposit Accounts. Each Lien Grantor represents, warrants and covenants as follows: (a) All Subject to paragraph (d), all cash owned by such Lien Grantor will be deposited, upon or promptly after the receipt thereof, in one or more Controlled Deposit Accounts. Each Controlled Deposit Account will be operated as provided in ‎Section 10Section 17. (b) In respect of each Controlled Deposit Account, the Depositary Bank’s 's jurisdiction (determined as provided in UCC Section 9-304) will at all times be a jurisdiction in which Article 9 of the Uniform Commercial Code is in effect. (c) So long as the Applicable Agent has Control of a Controlled Deposit Account, the Transaction Lien on such Controlled Deposit Account will be perfected, subject to no prior Liens or rights of others (except the Depositary Bank’s 's right to deduct its normal customary operating charges and any uncollected funds previously credited thereto and any other Liens consented thereto). (d) The Lien Grantors have the right not to by comply with the Applicable Agent, and non-consensual Liens permitted under foregoing provisions of this Section 6.01 to the extent (but only to the extent) the Company is not required to comply with the first sentence of Section 6.15(c) of the Credit Agreement having priority as a matter result of law)the operation of the proviso thereto.

Appears in 1 contract

Samples: Guarantee and Security Agreement (Conseco Inc)

Controlled Deposit Accounts. Each Lien Grantor represents, warrants and covenants as follows: (a) All cash owned by such Lien Grantor will be deposited, upon or promptly after the receipt thereof, in one or more Controlled Deposit Accounts. Each Controlled Deposit Account will be operated as provided in ‎Section Section 10. (b) In respect of each Controlled Deposit Account, the Depositary Bank’s jurisdiction (determined as provided in UCC Section 9-304) will at all times be a jurisdiction in which Article 9 of the Uniform Commercial Code is in effect. (c) So long as the Applicable Agent has Control of a Controlled Deposit Account, the Transaction Lien on such Controlled Deposit Account will be perfected, subject to no prior Liens or rights of others (except the Depositary Bank’s right to deduct its normal operating charges and any uncollected funds previously credited thereto and any other Liens consented to by the Applicable Agent, and non-consensual Liens permitted under Section 6.01 6.01(b) of the Credit Agreement having priority as a matter of lawLoan Agreement).

Appears in 1 contract

Samples: First Lien Term Loan Security Agreement (Tower Automotive, LLC)

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Controlled Deposit Accounts. Each Lien Grantor represents, warrants and covenants as follows: (a) All cash owned by such Lien Grantor will be deposited, upon or promptly after the receipt thereof, in one or more Controlled Deposit Accounts. Each Controlled Deposit Account will be operated as provided in ‎Section Section 10. (b) In respect of each Controlled Deposit Account, the Depositary Bank’s jurisdiction (determined as provided in UCC Section 9-304) will at all times be a jurisdiction in which Article 9 of the Uniform Commercial Code is in effect. (c) So long as the Applicable Agent has Control of a Controlled Deposit Account, the Transaction Lien on such Controlled Deposit Account will be perfected, subject to no prior Liens or rights of others (except the Depositary Bank’s right to deduct its normal operating charges and any uncollected funds previously credited thereto and any other Liens consented to by the Applicable Agent, and non-consensual Liens permitted under Section 6.01 of the Credit Loan Agreement having priority as a matter of law).

Appears in 1 contract

Samples: Term Loan Security Agreement (Tower International, Inc.)

Controlled Deposit Accounts. Each Lien Grantor represents, warrants and covenants as follows: (a) All cash owned by such Lien Grantor will be deposited, upon or promptly after the receipt thereof, in one or more Controlled Deposit Accounts. Each Controlled Deposit Account will be operated as provided in ‎Section Section 10. (b) In respect of each Controlled Deposit Account, the Depositary Bank’s jurisdiction (determined as provided in UCC Section 9-304) will at all times be a jurisdiction in which Article 9 of the Uniform Commercial Code is in effect. (c) So long as the Applicable Agent has Control of a Controlled Deposit Account, the Transaction Lien on such Controlled Deposit Account will be perfected, subject to no prior Liens or rights of others (except the Depositary Bank’s right to deduct its normal operating charges and any uncollected funds previously credited thereto and any other Liens consented to by the Applicable Agent, and non-consensual Liens permitted under Section 6.01 of the Credit Agreement having priority as a matter of lawPermitted Liens).

Appears in 1 contract

Samples: First Lien Term Loan Security Agreement (Tower Automotive, LLC)

Controlled Deposit Accounts. Each Lien Grantor represents, warrants and covenants as follows: (a) All cash owned by such Lien Grantor will be deposited, upon or promptly after the receipt thereof, in one or more Controlled Deposit Accounts. Each Controlled Deposit Account will be operated as provided in ‎Section Section 10. (b) In respect of each Controlled Deposit Account, the Depositary Bank’s jurisdiction (determined as provided in UCC Section 9-304) will at all times be a jurisdiction in which Article 9 of the Uniform Commercial Code is in effect. (c) So long as the Applicable Agent has Control of a Controlled Deposit Account, the Transaction Lien on such Controlled Deposit Account will be perfected, subject to no prior Liens or rights of others (except the Depositary Bank’s right to deduct its normal operating charges and any uncollected funds previously credited thereto and any other Liens consented to by the Applicable Agent, and non-consensual Liens permitted under Section 6.01 6.01(b) or Section 6.01(m) of the Credit Agreement having priority as a matter of lawAgreement).

Appears in 1 contract

Samples: Abl Security Agreement (Tower Automotive, LLC)

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