Deposit Accounts; Bank Accounts Warranties and Covenants Sample Clauses

Deposit Accounts; Bank Accounts Warranties and Covenants. (1) Schedule 4.5(K) sets forth the account numbers and locations, and the name of the depository bank, of all Deposit Accounts of Borrowers (other than the Borrower Deposit Accounts and the Collection Account) that are subject to a lockbox, blocked account or similar agreement or arrangement) (any such accounts, collectively, the "Blocked Accounts"), as well as a brief description of the terms of any lockbox, blocked account or similar agreement or arrangement regarding any Blocked Account.
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Deposit Accounts; Bank Accounts Warranties and Covenants. Schedule 4.5(J) sets forth the account numbers and locations of all Deposit Accounts or other bank accounts of each Loan Party and such Schedule correctly identifies the name of each depository, the name in which the account is held, a description of the purpose of the account, and the complete account number therefor.
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Deposit Accounts; Bank Accounts Warranties and Covenants. Schedule 4(k) sets forth the account numbers and locations of all Deposit Accounts or other bank accounts of the Grantor as of the Closing Date. The Grantor shall not establish or acquire any new Deposit Account without the Lender’s prior written consent.
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Deposit Accounts; Bank Accounts Warranties and Covenants. Schedule 6.1(K) sets forth the account numbers and locations of all Deposit Accounts or other bank accounts of each Loan Party. No Loan Party shall establish any new Deposit Account or other bank accounts (including any term deposit, certificate of deposit or money market account with any Person) or amend or terminate any Blocked Account Agreement or lockbox agreement without Agent's prior written consent. Notwithstanding the foregoing, or any provision of Section 6.4 to the contrary, each retail and Lehigh shoe center location of Borrower may open and maintain a Deposit Account in which a monthly average balance of not more than $25,000 is maintained.
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Deposit Accounts; Bank Accounts Warranties and Covenants. Schedule 3.1(K) sets forth the account numbers and locations of all Deposit Accounts or other bank accounts of Grantor. Administrative Agent has a security interest in each such Deposit Account, which security interest shall be perfected by Control in accordance with, and to the extent provided by, the terms of the Credit Agreement. After the date herein above first written, each Grantor shall not establish any new Deposit Account unless (1) it shall give Administrative Agent written notice of the establishment of any such new Deposit Account within thirty (30) days after the date such new Deposit Account was established, and (2) it shall cause Administrative Agent to obtain Control of such Deposit Account owned by Grantor, if applicable, pursuant to Section 2.8 of the Credit Agreement. Administrative Agent agrees with Grantors that Administrative Agent shall not give a Control Notice or any instructions directing the disposition of funds from time to time credited to any Deposit Account or withhold any withdrawal rights from any such Grantor with respect to funds from time to time credited to any Deposit Account unless an Event of Default has occurred and is continuing.
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Deposit Accounts; Bank Accounts Warranties and Covenants. Schedule 3.1(K), Part I thereof, sets forth the account numbers and locations of all Deposit Accounts that constitute Collateral and Part II thereof sets forth all other bank accounts of each Grantor that shall not constitute Collateral so long as (1) any such Deposit Account relates solely and exclusively to a Securitization or Warehouse Line of Credit and control of such Deposit Account is expressly prohibited under the terms and conditions of such Securitization or such Warehouse Line of Credit or (2) such Deposit Account is a trust account established and maintained exclusively for the benefit of (A) Participating Lenders who have purchased Participated Loans pursuant to Participation Agreements and shall contain only deposits, held in escrow, of principal, interest, fees and any other amounts payable by the Company to a Participating Lender pursuant to the Participation Agreement or to a loan servicer or related provider of collateral preservation services with respect to any such Participated Loans or (B) Borrowers, as expressly provided under the terms of (1) in the case of any Funeral Home Loan, the related agreement for advancement of loan (“Agreement for Advancement of Loan”) and escrow agreement for the purpose of escrow of required tax and insurance payments and (2) in the case of any Managing General Agent Loan, the related commercial loan agreement (“Commercial Loan Agreement”) and escrow agreement for the purpose of the retention of proceeds of advances under the aforementioned agreement pending satisfaction of certain conditions thereunder. The Collateral Agent has a security interest in each such Deposit Account listed on Part I of Schedule 3.1(K), which security interest shall be perfected by Control. After the date herein above first written, each Grantor shall not establish any new Deposit Account unless (1) it shall have given the Collateral Agent prior written notice of its intention to establish such new Deposit Account and (2) it shall cause the Collateral Agent to obtain Control of any Deposit Account owned by each Grantor in the manner set forth in Section 3.5; provided, however, that such Grantor shall not be required to cause the Collateral Agent to obtain Control of any such Deposit Account (a) if Control of such Deposit Account is expressly prohibited under the terms and conditions of a Securitization or a Warehouse Line of Credit or (b) if such Deposit Account is a trust account established and maintained exclusively for the ...
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Related to Deposit Accounts; Bank Accounts Warranties and Covenants

  • Perfection Representations, Warranties and Covenants The Seller hereby makes the perfection representations, warranties and covenants set forth on Schedule B hereto to the Issuer and the Issuer shall be deemed to have relied on such representations, warranties and covenants in acquiring the Receivables.

  • Documents, Records and Funds in Possession of Master Servicer To Be Held for Trustee (a) The Master Servicer shall transmit and each Servicer (to the extent required by the related Servicing Agreement) shall transmit to the Trustee or Custodian such documents and instruments coming into the possession of the Master Servicer or such Servicer from time to time as are required by the terms hereof, or in the case of the Servicers, the applicable Servicing Agreement, to be delivered to the Trustee or Custodian. Any funds received by the Master Servicer or by a Servicer in respect of any Mortgage Loan or which otherwise are collected by the Master Servicer or by a Servicer as Liquidation Proceeds or Insurance Proceeds in respect of any Mortgage Loan shall be held for the benefit of the Trustee and the Certificateholders subject to the Master Servicer's right to retain or withdraw from the Master Servicer Collection Account the Master Servicing Compensation and other amounts provided in this Agreement, and to the right of each Servicer to retain its Servicing Fee and other amounts as provided in the applicable Servicing Agreement. The Master Servicer shall, and (to the extent provided in the applicable Servicing Agreement) shall cause each Servicer to, provide access to information and documentation regarding the Mortgage Loans to the Trustee, its agents and accountants at any time upon reasonable request and during normal business hours, and to Certificateholders that are savings and loan associations, banks or insurance companies, the Office of Thrift Supervision, the FDIC and the supervisory agents and examiners of such Office and Corporation or examiners of any other federal or state banking or insurance regulatory authority if so required by applicable regulations of the Office of Thrift Supervision or other regulatory authority, such access to be afforded without charge but only upon reasonable request in writing and during normal business hours at the offices of the Master Servicer designated by it. In fulfilling such a request the Master Servicer shall not be responsible for determining the sufficiency of such information.

  • THE COMPANY’S REPRESENTATIONS, WARRANTIES AND COVENANTS The Company hereby acknowledges, agrees with and represents, warrants and covenants to the Subscriber, as follows:

  • Documents Records and Funds in Possession of Master Servicer to be Held for the Trustee Notwithstanding any other provisions of this Agreement, the Master Servicer shall transmit to the Trustee as required by this Agreement all documents and instruments in respect of a Mortgage Loan coming into the possession of the Master Servicer from time to time and shall account fully to the Trustee for any funds received by the Master Servicer or which otherwise are collected by the Master Servicer as Liquidation Proceeds or Insurance Proceeds in respect of any Mortgage Loan. All Mortgage Files and funds collected or held by, or under the control of, the Master Servicer in respect of any Mortgage Loans, whether from the collection of principal and interest payments or from Liquidation Proceeds, including but not limited to, any funds on deposit in the Certificate Account, shall be held by the Master Servicer for and on behalf of the Trustee and shall be and remain the sole and exclusive property of the Trustee, subject to the applicable provisions of this Agreement. The Master Servicer also agrees that it shall not create, incur or subject any Mortgage File or any funds that are deposited in the Certificate Account, Distribution Account or any Escrow Account, or any funds that otherwise are or may become due or payable to the Trustee for the benefit of the Certificateholders, to any claim, lien, security interest, judgment, levy, writ of attachment or other encumbrance, or assert by legal action or otherwise any claim or right of setoff against any Mortgage File or any funds collected on, or in connection with, a Mortgage Loan, except, however, that the Master Servicer shall be entitled to set off against and deduct from any such funds any amounts that are properly due and payable to the Master Servicer under this Agreement.

  • REPRESENTATIONS, WARRANTIES AND COVENANTS OF BORROWER In order to induce Silicon to enter into this Agreement and to make Loans, Borrower represents and warrants to Silicon as follows, and Borrower covenants that the following representations will continue to be true, and that Borrower will at all times comply with all of the following covenants, throughout the term of this Agreement and until all Obligations have been paid and performed in full:

  • Executive’s Representations, Warranties and Covenants (a) Executive hereby represents and warrants to the Company that:

  • Representations of the Custodian The Custodian hereby represents that it is a depository institution subject to supervision or examination by a federal or state authority, has a combined capital and surplus of at least $15,000,000 and is qualified to do business in the jurisdictions in which it will hold any Mortgage File.

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