Common use of Deposit Accounts and Cash Management Systems Clause in Contracts

Deposit Accounts and Cash Management Systems. Company shall, and shall cause each of its Domestic Subsidiaries to, use and maintain its Deposit Accounts, Securities Accounts and cash management systems in a manner reasonably satisfactory to Administrative Agent. Beginning with the date 60 days after the Effective Date (or at such later date as determined in the sole discretion of Collateral Agent), Company shall not permit any of such Deposit Accounts (other than Government Reimbursement Deposit Accounts) and Securities Accounts at any time to have a principal balance in excess of $100,000 unless Company or such Domestic Subsidiary, as the case may be, has (i) executed and delivered to Administrative Agent a Control Agreement, and (ii) taken all other steps necessary or, in the reasonable opinion of Administrative Agent or Collateral Agent, desirable to ensure that Collateral Agent has a perfected security interest in such Deposit Account; provided that, if Company or such Domestic Subsidiary is unable to obtain a Control Agreement from the financial institution at which the Deposit Account or Securities Account is maintained, Company shall, or shall cause such Domestic Subsidiary to, within 60 days after receiving a written request by Administrative Agent to do so, transfer all amounts in the applicable Deposit Account or Securities Account to a Deposit Account or Securities Account, as applicable, maintained at a financial institution from which Company or such Domestic Subsidiary has obtained a Control Agreement. Beginning with the date 60 days after the Effective Date (or at such later date as determined in the sole discretion of Collateral Agent), Company shall not permit the aggregate amount on deposit in all Deposit Accounts of Company and of its Domestic Subsidiaries (other than Deposit Accounts maintained with Administrative Agent and Deposit Accounts with respect to which the depository institution has executed a Control Agreement) at any time to exceed $1,000,000.

Deposit Accounts and Cash Management Systems. Company Borrower shall, and shall cause each of its Domestic Subsidiaries to, use and maintain its Deposit Accounts, Securities Accounts and cash management systems in a manner reasonably satisfactory to Administrative Agent. Beginning with Information regarding these Deposit Accounts, including (a) the date 60 days after name and address of the Effective Date financial institutions maintaining the Deposit Accounts, and (or at such later date as determined in b) the sole discretion of Collateral Agent)Deposit Account numbers, Company are set forth on SCHEDULE 6.11 annexed hereto. Borrower shall not permit any of such Deposit Accounts (other than Government Reimbursement Deposit Accounts) and Securities Accounts at any time to have a principal balance in excess of $100,000 250,000 unless Company 103 Borrower or such Domestic Subsidiary, as the case may be, has (i) executed and delivered to Administrative Agent a Deposit Account Control AgreementAgreement in the form of EXHIBIT XX annexed hereto and executed by the financial institution at which such Deposit Account is maintained, pursuant to which such financial institution confirms and acknowledges Administrative Agent's security interest in, and sole dominion and control over, such Deposit Account and waives its rights to set-off with respect to amounts in such Deposit Account and (ii) taken all other steps necessary or, in the reasonable opinion of Administrative Agent or Collateral Agent, desirable to ensure that Collateral Administrative Agent has a perfected security interest in will have sole dominion and control over such Deposit AccountAccount at all times while such agreement is in effect; provided that, PROVIDED that if Company Borrower or such Domestic Subsidiary is unable to obtain a Control Agreement such agreement from the such financial institution at which the Deposit Account or Securities Account is maintained, Company Borrower shall, or shall cause such Domestic Subsidiary to, within 60 30 days after receiving a written request by Administrative Agent to do so, transfer all amounts in the applicable Deposit Account or Securities Account to a Deposit Account or Securities Account, as applicable, maintained at a financial institution from which Company Borrower or such Domestic Subsidiary has obtained a Control Agreementsuch an agreement. Beginning with the date 60 days after the Effective Date (or at such later date as determined in the sole discretion of Collateral Agent), Company Borrower shall not permit the aggregate amount on deposit in all Deposit Accounts of Company Borrower and of its Domestic Subsidiaries (other than Deposit Accounts maintained with Administrative Agent and or Deposit Accounts with respect to for which the depository institution a Deposit Account Control Agreement described above has been executed a Control Agreementand delivered) at any time to exceed $1,000,000500,000.

Deposit Accounts and Cash Management Systems. Company shall, and shall cause each of its Domestic Subsidiaries to, use and maintain its Deposit Accounts, Securities Accounts and cash management systems in a manner reasonably satisfactory to Administrative Agent. Beginning with From and after the date 60 that is 90 days after the Effective Date (or at such later date as determined in the sole discretion of Collateral Agent)Closing Date, Company shall not permit any of such Deposit Accounts (other than Government Reimbursement Deposit Accounts) and Securities Accounts maintained in the United States at any time to have a principal balance in excess of $100,000 unless 250,000 in the aggregate unless, with respect to any amounts in excess of $250,000, Company or such Domestic Subsidiary, as the case may be, has (i) executed and delivered to Administrative Agent a Control Agreement, Agreement and (ii) taken all other steps necessary or, in the reasonable opinion of Administrative Agent or Collateral Agent, desirable to ensure that Collateral Administrative Agent has a perfected security interest in such Deposit Account; provided that, that if Company or such Domestic Subsidiary is unable to obtain a Control Agreement from the financial institution at which the Deposit Account or Securities Account is maintained, maintained Company shall, or shall cause such Domestic Subsidiary to, within 60 30 days after receiving a written request by Administrative Agent to do so, transfer all amounts in the applicable Deposit Account or Securities Account to a Deposit Account or Securities Account, as applicable, maintained at a financial institution from which Company or such Domestic Subsidiary has obtained a Control Agreement. Beginning with ; provided further that during the period from and including the Closing Date to and including the date 60 that is 90 days after the Effective Date (or at such later date as determined in the sole discretion of Collateral Agent)Closing Date, Company shall not permit Deposit Accounts maintained in the United States to have a principal balance in excess of $1,000,000 in the aggregate amount on deposit unless Company or its Subsidiaries shall have taken the actions required in all Deposit Accounts clauses (i) and (ii) of this subsection 6.11 with respect to any amounts in excess of $250,000. Company shall not, and shall not permit any of its Domestic Subsidiaries (other than to, accumulate amounts in Deposit Accounts maintained with Administrative Agent and Deposit Accounts with respect to which outside the depository institution has executed a Control Agreement) United States at any time to exceed $1,000,000in excess of amounts used by Company and such Subsidiaries in the ordinary course of business.