Common use of Deposit Accounts; Etc Clause in Contracts

Deposit Accounts; Etc. (a) No Assignor maintains, or at any time after the date of this Agreement shall establish or maintain, any demand, time, savings, passbook or similar account, except for such accounts maintained with a bank (as defined in Section 9-102 of the UCC) whose jurisdiction (determined in accordance with Section 9-304 of the UCC) is within a State of the United States.Annex L hereto accurately sets forth, as of the date of this Agreement, for each Assignor, each Deposit Account maintained by such Assignor (including a description thereof and the respective account number), the name of the respective bank with which such Deposit Account is maintained, and the jurisdiction of the respective bank with respect to such Deposit Account. For each Deposit Account (other than the Cash Collateral Account or any other Deposit Account maintained with the Collateral Agent), the respective Assignor shall cause the bank with which the Deposit Account is maintained to execute and deliver to the Collateral Agent, within 30 days after the date of this Agreement or, if later, at the time of the establishment of the respective Deposit Account, a "control agreement" in the form of Annex M hereto (appropriately completed), with such changes thereto as may be acceptable to the Collateral Agent. If any bank with which a Deposit Account is maintained refuses to, or does not, enter into such a "control agreement", then the respective Assignor shall promptly (and in any event within 30 days after the date of this Agreement or, if later, 30 days after the

Deposit Accounts; Etc. (a) No Each Assignor maintains, or at any time after the date of this Agreement shall establish or maintain, any demand, time, savings, passbook or similar account, except for such accounts maintained with a bank (as defined in Section 9-102 of the UCC) whose jurisdiction (determined in accordance with Section 9-304 of the UCC) is within a State of the United States.Annex L hereto accurately sets forthhereby represents and warrants that, as of the date hereof, it does not maintain any Deposit Accounts, Securities Accounts or Commodity Accounts other than the Deposit Accounts, Securities Accounts and Commodity Accounts listed on Schedule 15 to the Perfection Certificate. Each of this Agreementthe Assignors will, within 60 days of the Issue Date (or, except for the Collateral Proceeds Account, such later date as determined by the ABL Collateral Agent in its sole discretion), deliver to the Collateral Trustee fully executed control agreements in form and substance reasonably satisfactory to the Collateral Trustee (or as directed by an Act of Required Debtholders) with respect to each Assignorof the Deposit Accounts, each Deposit Account Securities Accounts and Commodity Accounts, other than Excluded Accounts, owned or maintained by such Assignor. From and after 60 days following the Issue date, no Assignor shall hereafter establish and maintain any Deposit Account, Securities Account or Commodity Account, other than an Excluded Account, unless (including 1) the applicable Assignor shall have given the Collateral Trustee prior written notice of its intention to establish such new Deposit Account, Securities Account or Commodity Account and (2) such Assignor shall have delivered to the Collateral Trustee a description thereof and the respective account number), the name of the respective bank with which such Deposit Account is maintained, and the jurisdiction of the respective bank fully executed control agreement with respect to such Deposit Account, Securities Account or Commodity Account. For each No Assignor shall grant control of any Deposit Account, Securities Account (or Commodity Account to any Person other than the Cash Collateral Account or any other Deposit Account maintained with Trustee and, subject to the terms of the Intercreditor Agreement, the ABL Collateral Agent), the respective Assignor shall cause the bank with which the Deposit Account is maintained to execute and deliver to the Collateral Agent, within 30 days after the date of this Agreement or, if later, at the time of the establishment of the respective Deposit Account, a "control agreement" in the form of Annex M hereto (appropriately completed), with such changes thereto as may be acceptable to the Collateral Agent. If any bank with which a Deposit Account is maintained refuses to, or does not, enter into such a "control agreement", then the respective Assignor shall promptly (and in any event within 30 days after the date of this Agreement or, if later, 30 days after the.

Deposit Accounts; Etc. (a) No Assignor maintains, or at any time after the date of this Agreement Restatement Effective Date shall establish or maintain, any demand, time, savings, passbook or similar account, except for such accounts maintained with a bank (as defined in Section 9-102 of the UCC) whose jurisdiction (determined in accordance with Section 9-304 of the UCC) is within a State of the United States.. Annex L F hereto accurately sets forth, as of the date of this Agreement, for each Assignor, each Deposit Account maintained by such Assignor (including a description thereof and the respective account number), the name of the respective bank with which such Deposit Account is maintained, and the jurisdiction of the respective bank with respect to such Deposit Account. For each Subject Deposit Account (other than the Cash Collateral Account or any other Deposit Account maintained with the Collateral Agent)Account, the respective Assignor shall cause the bank with which the such Subject Deposit Account is maintained to execute and deliver to the Collateral Agent, within 30 days after the date of this Agreement or, if later, at the time of the establishment of the respective Deposit AccountRestatement Effective Date, a "control agreement" in the form of Annex M G hereto (appropriately completed), with such changes thereto as may be reasonably acceptable to the Collateral Agent. If any bank with which a Subject Deposit Account is maintained refuses to, or does not, enter into such a "control agreement", then the respective Assignor shall promptly (and in any event within 30 days after the date of this Agreement orRestatement Effective Date) close the respective Subject Deposit Account and transfer all balances therein to (x) the Cash Collateral Account, if later, 30 days after the(y) another Subject Deposit Account subject

Deposit Accounts; Etc. (a) No Assignor maintains, or at any time after the date of this Agreement shall establish or maintain, any demand, time, savings, passbook or similar account, except for such accounts maintained with a bank (as defined in Section 9-102 of the UCC) whose jurisdiction (determined in accordance with Section 9-304 of the UCC) is within a State of the United States.. Annex L F hereto accurately sets forth, as of the date of this Agreement, for each Assignor, each Deposit Account maintained by such Assignor (including a description thereof and the respective account number), the name of the respective bank with which such Deposit Account is maintained, and and, to the extent available, the jurisdiction of the respective bank with respect to such Deposit Account. For each Deposit Account (other than the Cash Collateral Account or any other Deposit Account maintained with the Collateral Agent), the respective Assignor shall shall, upon the request of the Collateral Agent, use commercially reasonable efforts to cause the bank with which the Deposit Account is maintained to execute and deliver to the Collateral Agent, within 30 60 days after the date of this Agreement or, if later, at such request (or such later date as may be acceptable to the time of the establishment of the respective Deposit AccountCollateral Agent), a "“control agreement" ” in the form of Annex M G hereto (appropriately completed), with such changes thereto as may be acceptable to the Collateral AgentAgent and the Agents. If any bank with which a Deposit Account is maintained refuses to, or does not, enter into such a "“control agreement"”, then then, if directed to do so by both Agents, the respective Assignor shall promptly (and in any event within 30 60 days after such request (or such longer period as may be required and reasonably acceptable to the date Collateral Agent)) close the respective Deposit Account and transfer all balances therein to the Collateral Account or another Deposit Account meeting the requirements of this Agreement or, if later, 30 days after theSection 3.9.