Deposit Account and Eligibility Sample Clauses

Deposit Account and Eligibility. The Deposit Account is a non-interest-bearing online demand deposit account used to hold your deposits and permits you to make payments and transfers to and from the Deposit Account. You may access your Deposit Account via the Site or the Mobile App. Use of your Debit Card (“Card”) is governed by the Mercury Commercial Debit Cardholder Agreement (“Cardholder Agreement”), and the Cardholder Agreement is also a part of this agreement. You may not apply for or access your Deposit Account or any of the banking services unless your Mercury Account is in good standing. The Deposit Account is a commercial account and is only available to legal entities or individuals who will use the Deposit Account for business purposes. Commercial accounts are those established by any partnership, corporation, association or other entity operated on a for-profit basis; all corporations and associations operated on a not-for-profit-basis; and any individual who intends to use the account for carrying on a trade or business. This agreement and the relationship between you and Banking Provider is that of debtor and creditor, and neither Banking Provider nor Xxxxxxx owes any fiduciary duty to you.
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Related to Deposit Account and Eligibility

  • Deposit Accounts For each Deposit Account that any Grantor at any time opens or maintains, other than Deposit Accounts (A) that are payroll accounts, withholdings tax accounts, xxxxx cash accounts or flexible spending benefit accounts or trust, escrow or other fiduciary accounts or (B) which do not hold for any period of five consecutive days, an aggregate amount in excess of $1,000,000, such Grantor shall, upon the Collateral Agent’s request, either (i) cause the depositary bank to agree to comply at any time with instructions from the Collateral Agent (or, prior to the Discharge of First Lien Obligations, the First Lien Collateral Agent) to such depositary bank directing the disposition of funds from time to time credited to such Deposit Account, without further consent of such Grantor or any other person, pursuant to an agreement in form and substance satisfactory to the Collateral Agent, or (ii) arrange for the Collateral Agent (or, prior to the Discharge of First Lien Obligations, the First Lien Collateral Agent) to become the customer of the depositary bank with respect to the Deposit Account, with the Grantor being permitted, only with the consent of the Collateral Agent, to exercise rights to withdraw funds from such Deposit Account. The Collateral Agent agrees with each Grantor that the Collateral Agent shall not give any such instructions or withhold any withdrawal rights from any Grantor, unless an Event of Default has occurred and is continuing, or, after giving effect to any withdrawal, would occur; provided, however, upon the waiver by the applicable Required Lenders of such Event of Default, so long as no other Event of Default shall then exist or be continuing, the Collateral Agent shall revoke any such instruction. The provisions of this paragraph shall not apply to any Deposit Account for which any Grantor, the depositary bank and the Collateral Agent have entered into a cash collateral agreement specially negotiated among such Grantor, the depositary bank and the Collateral Agent for the specific purpose set forth therein.

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