Deposit Accounts, Securities Accounts and Commodities Accounts. Grantor Name and Address of Institution Purpose of the Account Account No.
Deposit Accounts, Securities Accounts and Commodities Accounts. Name of Grantor: Description of Deposit Accounts, Securities Accounts and Commodities Accounts:
Deposit Accounts, Securities Accounts and Commodities Accounts. Attached hereto as Schedule 11 is a true and correct list of Deposit Accounts, Securities Accounts and Commodities Accounts maintained by each Grantor, including the name and address of the depositary institution, Securities Intermediary or Commodities Intermediary holding the account, as applicable, the type of account, the account number , whether such account is required to be subject to a Control Agreement pursuant to the Credit Agreement and, if not, why it is not so required.
Deposit Accounts, Securities Accounts and Commodities Accounts. Except as listed on Schedule 9 attached hereto, Schedule 9 of the Prior Perfection Certificate is a true and correct list of all Deposit Accounts, Securities Accounts and Commodities Accounts (other than, in each case, any such account that constitutes Excluded Property) maintained by any Grantor, including the name of each institution where each such account is held, the nature of each such account, the value of each such account on or about the date hereof and the name of each entity that holds each account.
Deposit Accounts, Securities Accounts and Commodities Accounts. (a) The Parent and the Borrower will, and will cause each other Loan Party to, in connection with any Deposit Account, Securities Account and Commodity Account (other than Excluded Accounts, but only for so long as it is an Excluded Account) established, held, acquired, assumed, or otherwise maintained after the Closing Date, promptly, but in any event within forty-five (45) days of the establishment, acquisition, or assumption of such account (or, in the case of a Deposit Account or Securities Account that ceases to be an Excluded Account, within forty-five (45) days after cessation of its status as an Excluded Account) or by such later date as the Administrative Agent shall reasonably agree, deliver a Control Agreement executed by a duly authorized Responsible Officer of such Loan Party in form and substance reasonably satisfactory to the Administrative Agent; provided that, notwithstanding the foregoing, no Loan Party or Restricted Subsidiary shall be permitted to deposit into or maintain any assets in any Deposit Account, Securities Account or Commodity Account (other than Excluded Accounts, but only for so long as it is an Excluded Account) unless such Deposit Account, Securities Account or Commodity Account is subject to such a Control Agreement or other satisfactory control arrangement; provided further, unless otherwise consented to by the Administrative Agent (in its sole discretion), no Loan Party shall establish or maintain a Deposit Account, Securities Account or Commodity Account with a financial institution that is not a Lender (other than, in the case of a financial institution that is or was a Lender but that has subsequently ceased to be a Lender, such financial institution, but subject to the provisions of Section 6.18(b)).
(b) The Parent and the Borrower will, and will cause each other Loan Party to, in connection with any Deposit Account, Securities Account and Commodity Account established or maintained on or after the Closing Date with a financial institution that is or was a Lender but that has subsequently ceased to be a Lender, promptly, but in any event within forty-five (45) days of the date such Lender ceased being a Lender (or such later date as the Administrative Agent shall reasonably agree in its sole discretion), transfer the funds or other financial assets in any such account to a new or existing account that is subject to a Control Agreement established or maintained with a Lender in a manner reasonably satisfactory to th...
Deposit Accounts, Securities Accounts and Commodities Accounts. Except as listed on Schedule 12 attached hereto and made a part hereof, Schedule 12 to the Prior Perfection Certificate sets forth a true and correct list of the deposit accounts, securities accounts and commodities accounts held by the Loan Parties.
Deposit Accounts, Securities Accounts and Commodities Accounts. (i) From and after the Fifth Amendment Date, no Loan Party shall establish and/or maintain any deposit account, securities account or commodity account (other than an Excluded Account) unless such Loan Party shall have (x) with respect to deposit accounts, securities accounts and commodity accounts (other than Excluded Accounts) maintained in the United States delivered to the Administrative Agent a Control Agreement and (y) with respect to deposit accounts, securities accounts and commodity accounts (other than Excluded Accounts) maintained outside of the United States established arrangements reasonably satisfactory to the Administrative Agent in its sole discretion (which, without limitation, may include (in the sole discretion of the Administrative Agent), security arrangements in the jurisdiction where such deposit account, securities account or commodity account is maintained, a designation of such deposit account, securities account or commodity account as an Excluded Account, and/or covenants or restrictions thereon). In the case of any deposit account, securities account or commodity account established, acquired or that ceases to be an Excluded Account after the Fifth Amendment Date, the Borrowers shall deliver to the Administrative Agent a supplement to the Bank Account Schedule and the requirements specified in the preceding sentence with respect thereto shall be required to be satisfied on the date such deposit account, securities account or commodity account is established, acquired or ceases to be an Excluded Account (or such later date as the Administrative Agent may agree).
(ii) Administrative Agent shall be permitted to, during the continuance of an Event of Default, direct any depository bank or other financial institution that is a party to a Control Agreement or other arrangement or that otherwise maintains a deposit account, securities account or commodity account of a Loan Party to transfer to Administrative Agent any funds or other assets deposited or held therein on a daily basis or at other times acceptable to Administrative Agent for application to the Obligations in accordance with this Agreement.
(iii) No Loan Party shall have cash deposits, at any time, (A) in any deposit account, security account or other account located in, titled in, or domiciled in Bermuda in excess of $1,000,000 in any one deposit account or $2,000,000 in the aggregate in all such deposit, securities or other accounts, or (B) in any deposit account, secur...
Deposit Accounts, Securities Accounts and Commodities Accounts. Except as listed in Schedule 8 attached hereto and made a part hereof, Schedule 8 to the Prior Perfection Certificate is a true and complete list of all Deposit Accounts, Securities Accounts and Commodities Accounts (each as defined in the Security Agreement) maintained by each Company, including the name of each institution where each such account is held, the name of each such account, the name of each entity that holds each account and stating if such account is required to be subject to a Control Agreement pursuant to the Credit Agreement and, if not, the reason for such exclusion.
Deposit Accounts, Securities Accounts and Commodities Accounts. Following the occurrence and during the continuance of a Specified Default, at the request of the Agent or the Required Banks, each Grantor will maintain all of its operating deposit accounts only with the Agent, J.X. Xxxxxx Cxxxx Bank, N.A., or with any depositary institution that has entered into an Account Control Agreement in favor of the Agent. No Grantor will open any new operating deposit accounts located in the United States (other than payroll accounts) not in existence on the date hereof without the prior written consent (not to be unreasonably withheld) of all Banks (other than, for the avoidance of doubt, any Affiliate of an Issuing Bank which has issued a Letter of Credit pursuant to the last sentence of the definition of Issuing Bank), and no Grantor will open any new Commodity Accounts or Security Accounts located in the United States not in existence on the date hereof unless such Grantor shall have given the Agent thirty (30) days prior written notice thereof. When no Specified Default exists, each Grantor may make purchases and sales of Investment Property in accordance with the restrictions on investment set out in the Credit Agreement and, for the avoidance of doubt, may make any and all withdrawals from its Deposit Accounts. When a Specified Default exists and the Agent provides the Company notice, no Grantor shall be authorized to make purchases and sales of the Investment Property, be authorized to make any withdrawals from any Deposit Account and it shall take such steps as Agent may reasonably request to give Agent control over all Investment Property and Deposit Accounts. No Grantor will give any party control over any Investment Property or Deposit Account.
Deposit Accounts, Securities Accounts and Commodities Accounts. (a) Except (i) as otherwise approved in writing by the Administrative Agent, (ii) Excluded Accounts and (iii) accounts that are otherwise subject to a first priority security interest (subject to the terms hereof) in favor of the Administrative Agent, for the benefit of the applicable Secured Parties, pursuant to an account control agreement in form and substance reasonably acceptable to the Administrative Agent (herein called an “Approved Account”), each Borrowing Base Party shall at all times maintain all of its deposit accounts, securities accounts and commodities accounts with one or more of the Administrative Agent, the L/C Issuers and the Lenders (all such accounts maintained by the Loan Parties with one or more of the Administrative Agent, the L/C Issuers and the Lenders being herein collectively called the “Lender Party Accounts” and, individually, a “Lender Party Account”). On the date hereof, the Borrowers shall deliver to the Administrative Agent a schedule of all Lender Party Accounts and any Approved Accounts in form and substance reasonably acceptable to the Administrative Agent, which schedule shall be revised promptly upon any change in Lender Party Accounts and Approved Accounts in a manner sufficient to notify the Administrative Agent of all then-current Lender Party Accounts and Approved Accounts.
(b) The Administrative Agent hereby appoints each of the Administrative Agent, the L/C Issuers and the Lenders to serve as its bailee to perfect the Administrative Agent’s Liens in any Collateral in the possession of such L/C Issuer or Lender. Each of the Administrative Agent, the L/C Issuers and the Lenders possessing any Collateral agrees to so act as bailee for the Administrative Agent in accordance with the terms and provisions hereof. In furtherance of the foregoing, each of the Administrative Agent, the L/C Issuers and the Lenders acknowledges that certain of the Loan Parties maintain Lender Party Accounts at one or more of the Administrative Agent, L/C Issuers and Lenders as disclosed pursuant to this Agreement. The L/C Issuers and the Lenders agrees to hold each and every Lender Party Account maintained with it as bailee for the Administrative Agent to perfect the security interest held for the benefit of the Secured Parties therein. Prior to the receipt by the Administrative Agent, L/C Issuer or Lender of notice from the Administrative Agent that it is exercising exclusive control over (or, in the case of any Lender Party Account maint...
