Deposit Accounts and Control Agreements Sample Clauses

Deposit Accounts and Control Agreements. Grantor shall deliver to the Secured Party as often as the Secured Party may reasonably request, a listing of all of the Deposit Accounts as of such date. To the extent requested by the Secured Party, Grantor shall obtain an authenticated Deposit Account Control Agreement, from each bank holding a Deposit Account. Grantor shall obtain authenticated control agreements from each issuer of Uncertificated Securities, (if requested by the Secured Party), Securities Intermediary, or commodities Intermediary issuing or holding any Financial Assets or Commodities to or for Grantor. Notwithstanding anything to the contrary set forth herein, so long as no Event of Default shall have occurred and be continuing, Secured Party shall not deliver a notice of control under any Deposit Account Control Agreement to the extent such Deposit Account Control Agreement requires the delivery of such notice.
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Deposit Accounts and Control Agreements. Holdings and each Domestic Borrower shall not, and shall not permit any of their respective Domestic Subsidiaries to, maintain any Deposit Account with a principal balance in excess of $500,000 at any time unless Holdings, such Domestic Borrower or such Domestic Subsidiary, as the case may be, has (i) delivered to Administrative Agent a Control Agreement in respect of such Deposit Account and (ii) taken all other steps necessary or, in the opinion of Administrative Agent, desirable to ensure that Administrative Agent has a perfected security interest in such Deposit Account; provided that if Holdings, such Domestic Borrower or such Subsidiary is unable to obtain such agreement from such financial institution, Holdings or such Domestic Borrower shall, or shall cause such Domestic Subsidiary to (i) within 30 days after receiving a written request by Administrative Agent to do so, notify each party that regularly makes deposits to such Deposit Account to make future deposits to a Deposit Account subject to a Control Agreement and (ii) within 180 days after receiving a written request by Administrative Agent to do so, transfer all amounts in such Deposit Account to a Deposit Account subject to a Control Agreement; provided, further, that the aggregate amount in all Deposit Accounts maintained by Holdings, each Domestic Borrower and each other Domestic Subsidiary that are not subject to a Control Agreement shall not exceed $5,000,000 at any time. Offshore Borrower and Xxxx Neos Dental shall grant to Administrative Agent a Lien in their Deposit Accounts to the extent provided in the applicable Offshore Security Agreement. Each other Offshore Guarantor (other than the Stock Pledge Offshore Guarantors) shall, at the request of Administrative Agent, to the extent permitted by applicable law, grant to Administrative Agent a Lien in all Deposit Accounts with a principal balance in excess of $500,000 at any time to secure the Offshore Obligations pursuant to documentation in form and substance satisfactory to Administrative Agent; provided, that the aggregate amount in all Deposit Accounts maintained by such other Offshore Guarantors (other than the Stock Pledge Offshore Guarantors) that Administrative Agent has not been granted a Lien in shall not exceed $2,000,000.
Deposit Accounts and Control Agreements. Grantor shall deliver to the Secured Party as often as the Secured Party may reasonably request but in any event on each anniversary date of this Agreement, an update to Schedule 6, listing all of the Deposit Accounts as of such date. Grantor shall obtain an authenticated Deposit Account Control Agreement, from each bank holding a Deposit Account. Grantor shall obtain authenticated control agreements from each issuer of Uncertificated Securities, Securities Intermediary, or commodities Intermediary issuing or holding any Financial Assets or Commodities to or for Grantor.
Deposit Accounts and Control Agreements. Within 30 calendar days after the Amendment Number Four Closing Date, Borrowers will deliver to Administrative Agent a fully executed control agreement (in form and substance reasonably acceptable to Administrative Agent) with respect to each deposit account of any Borrower (other than the deposit accounts maintained by Talk America at PNC Bank and SouthTrust Bank) that at any time during the 6 calendar months preceding the Amendment Number Four Closing Date had a balance in excess of $75,000. Borrowers covenant and agree that as of and after the date hereof Borrowers shall not at any time maintain in the aggregate balances at financial and investment institutions not subject to a control agreement collectively in excess of $250,000. The failure of Borrowers to deliver any such control agreement on or before March 15, 2002 pursuant to Section 1.13 of Amendment Number Three to Talk.com Loan Documents dated as of February 12, 2000 xxxxg Obligors and Administrative Agent shall not constitute a Default or Event of Default under the Loan Documents.
Deposit Accounts and Control Agreements. (a) All funds in all DDAs shall be conclusively presumed to be Collateral and proceeds of Collateral and the Administrative Agent, the Collateral Agent and the Lenders shall have no duty to inquire as to the source of the amounts on deposit in the DDAs.

Related to Deposit Accounts and Control Agreements

  • Deposit Account Control Agreements the Deposit Account control agreements to be executed by each institution maintaining a Deposit Account for an Obligor, in favor of Agent, for the benefit of Secured Parties, as security for the Obligations.

  • Deposit Account Control Agreement control agreement satisfactory to Agent executed by an institution maintaining a Deposit Account for an Obligor, to perfect Agent’s Lien on such account.

  • Control Agreements (i) Except to the extent otherwise excused by Section 7(k)(iv), each Grantor shall obtain an authenticated Control Agreement (which may include a Controlled Account Agreement), from each bank maintaining a Deposit Account or Securities Account for such Grantor;

  • Account Control Agreements Account Control Agreements for all of Borrower’s deposit accounts and accounts holding securities duly executed by all of the parties thereto, in the forms provided by or reasonably acceptable to Lender.

  • Deposit Accounts and Securities Accounts Set forth on Schedule 4.15 (as updated pursuant to the provisions of the Security Agreement from time to time) is a listing of all of the Loan Parties’ and their Subsidiaries’ Deposit Accounts and Securities Accounts, including, with respect to each bank or securities intermediary (a) the name and address of such Person, and (b) the account numbers of the Deposit Accounts or Securities Accounts maintained with such Person.

  • Deposit Accounts; Credit Card Arrangements (a) Annexed hereto as Schedule 5.21(a) is a list of all DDAs maintained by the Loan Parties as of the Closing Date, which Schedule includes, with respect to each DDA (i) the name and address of the depository; (ii) the account number(s) maintained with such depository; (iii) a contact person at such depository, and (iv) the identification of each Blocked Account Bank.

  • Deposit Accounts, Securities Accounts and Commodity Accounts Attached hereto as Schedule 14 is a true and complete list of all Deposit Accounts, Securities Accounts and Commodity Accounts (each as defined in the Security Agreement) maintained by each Pledgor, including the name of each institution where each such account is held, the name of each such account and the name of each entity that holds each account.

  • Deposit Accounts; Etc (i) Schedule 5 hereto accurately sets forth, as of the date of this Agreement, for each Grantor, each deposit account maintained by such Grantor (including a description thereof and the respective account number) and the name of the respective bank with which such deposit account is maintained. Subject to Section 4(c) hereof and the terms of the Intercreditor Agreement, for each deposit account that is Collateral (other than the Cash Collateral Account or any other deposit account maintained with the Collateral Agent), the respective Grantor shall use commercially reasonable efforts to cause the bank with which the deposit account is maintained to execute and deliver to the Collateral Agent, (x) in the case of an account located at a bank which is a lender under the Senior Credit Facility, within 30 days after the date of this Agreement (or, if later, the date of the establishment of the respective deposit account), or (y) in the case of an account located at a bank which is a not lender under the Senior Credit Facility, within 45 days after the date of this Agreement (or, if later, the date of the establishment of the respective deposit account), a “control agreement” in form and substance consistent with the deposit account control agreements entered into by the Company pursuant to the Senior Credit Facility, or otherwise acceptable to the Collateral Agent. Subject to Section 10(n)(iii) hereof, if any bank with which a deposit account is maintained refuses to, or does not, enter into such a “control agreement”, then the respective Grantor shall promptly (and in any event within 30 days after the date of this Agreement or, if later, 30 days after the establishment of such account) close the respective deposit account and transfer all balances therein to the Cash Collateral Account or another deposit account meeting the requirements of this Section 4(q). If any bank with which a deposit account is maintained refuses to subordinate all its claims with respect to such deposit account to the Collateral Agent’s security interest therein on terms satisfactory to the Collateral Agent, then the Collateral Agent, at its option, may (x) require that such deposit account be terminated in accordance with the immediately preceding sentence or (y) agree to a “control agreement” without such subordination, provided that in such event the Collateral Agent may at any time, at its option, subsequently require that such deposit account be terminated (within 30 days after notice from the Collateral Agent) in accordance with the requirements of the immediately preceding sentence.

  • Control Accounts; Approved Deposit Accounts Each Loan Party shall (i) deposit in an Approved Deposit Account all Cash it receives, (ii) not establish or maintain any Securities Account or Commodities Account that is not a Control Account and (iii) not establish or maintain any Deposit Account other than an Approved Deposit Account, provided however that notwithstanding the foregoing, each Loan Party may (w) maintain zero-balance accounts for the purpose of managing local disbursements and collections and may maintain payroll, withholding tax and other fiduciary accounts, (x) maintain accounts into which amounts are paid by a governmental entity pursuant to one or more Health Care Laws so long as the amounts on deposit therein are transferred each Business Day to an Approved Deposit Account or any other account permitted to be so utilized under this Section 5.14, (y) maintain other accounts as long as the aggregate monthly average daily balance over the immediately preceding 12-month period for all such Loan Parties in all such other accounts does not exceed $3,000,000 at any time and (z) make pledges or cash deposits permitted by Section 6.02.

  • Account Control Agreement The provisions of Sections 8.02 and 8.05 are subject to the terms of the Account Control Agreement.

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