Deposit Agreements Clause Samples

Deposit Agreements. The terms and conditions of this Agreement are in addition to any deposit account agreements and other related agreements that Grantor has with Secured Party, including without limitation all agreements concerning banking products and services, treasury management documentation, account booklets containing the terms and conditions of the Cash Collateral Account, signature cards, fee schedules, disclosures, specification sheets and change of terms notices (collectively, the "Deposit Agreements"). The provisions of this Agreement shall supersede the provisions of the Deposit Agreements only to the extent the provisions herein are inconsistent with the Deposit Agreements, and in all other respects, the Deposit Agreements shall remain in full force and effect. All items deposited into the Deposit Account shall be processed according to the provisions of the Deposit Agreements, as amended by this Agreement.

Deposit Agreements. Each of the following Deposit and Security Agreements or Security Agreements and Control Agreements, as amended or supplemented, was entered into by and among The Education Resources Institute, Inc., The First Marblehead Corporation, U.S. Bank National Association (successor in interest to State Street Bank and Trust Company) and: · Bank of America, N.A., dated April 30, 2001, for loans that were originated under Bank of America’s BAGEL Loan Program, ▇▇▇▇ Loan Program and ISLP Loan Program. · Bank of America, N.A., dated June 30, 2003, for loans that were originated under Bank of America’s Direct to Consumer Loan Program. · Citizens Bank of Rhode Island, for loans that were originated under Citizens Bank of Rhode Island’s Penn State Undergraduate Loan Program. · First National Bank Northeast, dated August 1, 2001, for loans that were originated under First National Bank Northeast’s Nelnet Alternative Loan Program. · GMAC Bank, dated May 30, 2003, for loans that were originated under GMAC Bank’s Alternative Loan Program. · HSBC Bank USA, National Association, dated April 17, 2002, for loans that were originated under the HSBC Loan Program. · The Huntington National Bank, dated May 20, 2003, for loans that were originated under The Huntington National Bank’s Huntington Bank Education Loan Program. · JPMorgan Chase Bank, N.A. (as successor to Bank One, N.A.), dated April 30, 2001, for loans that were originated under Bank One’s CORPORATE ADVANTAGE Loan Program, EDUCATION ONE Loan Program, and Campus One Loan Program. · National City Bank, dated July 26, 2002, for loans that were originated under National City Bank’s National City Loan Program and National City Referral Loan Program, including the Astute Private Loan Program. · SunTrust Bank, dated March 1, 2002, for loans that were originated under SunTrust Bank’s SunTrust Alternative Loan Program. Each of the following Control Agreements, as amended or supplemented, was entered into by and among The First Marblehead Corporation, U.S. Bank National Association and: · Charter One Bank, N.A., dated March 1, 2004, for all ▇▇▇▇-guaranteed loan programs funded by Charter One Bank, N.A. · Citizens Bank of Rhode Island, dated April 30, 2004, for all loan ▇▇▇▇-guaranteed programs funded by Citizens Bank of Rhode Island other than the Citizens Bank Penn State Undergraduate Loan Program. · KeyBank, N.A., dated May 12, 2006, for loan originated in the the KeyBank Private Education Loan Program. · Manufacturers and Trade...

Deposit Agreements. The terms and conditions of this Agreement are in addition to any deposit account agreements and other related agreements that Company has with Depository Bank, including without limitation all agreements concerning banking products and services, treasury management documentation, account booklets containing the terms and conditions of the Deposit Account, signature cards, fee schedules, disclosures, specification sheets and change of terms notices (collectively, the “Deposit Agreements”). The provisions of this Agreement shall supersede the provisions of the Deposit Agreements only to the extent the provisions herein are inconsistent with the Deposit Agreements, and in all other respects, the Deposit Agreements shall remain in full force and effect; provided, however, that any claim of inconsistency or potential inconsistency between the Deposit Agreements and this Agreement shall be resolved in favor of having this Agreement govern. All items received at the Lockbox shall be deposited into the Deposit Account, and shall then be processed according to the provisions of the Deposit Agreements, as amended by this Agreement.

Deposit Agreements. The Deposit Agreements (together with any necessary account control agreements) shall have been executed and delivered by the Assignors, PRF and the Deposit Bank, and PRF shall have received the same.

Deposit Agreements. A. Control Agreements. On or prior to August 15, 2003, the Company shall deliver to the Administrative Agent and the Collateral Agent such Control Agreements with financial institutions and other Persons as may, in the reasonable credit judgment of the Administrative Agent and the Collateral Agent, be necessary or desirable in order (i) to perfect a First Priority Lien in favor of the Collateral Agent in respect of the Proceeds Remittance Account, and (ii) to provide for the daily forwarding of the Cash Balance in the Proceeds Remittance Account in accordance with subsection 6.9C immediately following the activation of the Cash Management System under subsection 6.9B with respect to the Proceeds Remittance Account.

Deposit Agreements. (a) On or before the date that is thirty (30) days after the First Amendment Effective Date, Borrower and each Specified Party shall, and shall cause each other Loan Party to, cause all Deposit Accounts (other than the Excluded Account) to be subject to a Deposit Account Control Agreement. Borrower and each Specified Party shall, and shall cause each other Loan Party to (a) cause all proceeds from the sales of Hydrocarbons by the Loan Parties or any Specified Party to be deposited into a Deposit Account that is subject to a Deposit Account Control Agreement and (b) direct all proceeds from the Tug Hill Disposition (other than such proceeds used to prepay Loans as provided by Section 5.19), directly to a Deposit Account of Borrower, such Specified Party or such other Loan Party that is subject to a Deposit Account Control Agreement; provided, however, that notwithstanding the foregoing, Borrower and the Specified Parties may maintain an aggregate amount not to exceed $500,000 at any time outstanding in Deposit Accounts not otherwise subject to a Deposit Account Control Agreement (collectively, the “Excluded Account”). (b) Except as set forth in clause (c) in this Section 5.18, Borrower may withdraw funds from such Deposit Accounts (other than the Excluded Account) not earlier than the first day of each month in the aggregate amount set forth in the Monthly Budget for such month and thereafter from time to time during any month in compliance with clauses (y)(i) and (y)(ii) below, only to the extent that (x) immediately prior to and after giving pro forma effect to such withdrawal, no Default is continuing, and (y) such funds are used to pay documented expenditures that (i) comply with the Monthly Budget with respect to such expenditure (it being understood that any expenditure that does not exceed 10% of the amount set forth in such Monthly Budget shall be deemed consistent with the budgeted amount) or (ii) exceed 10% of the amount set forth for such expenditure in the Monthly Budget and are approved by Administrative Agent, such approval not to be unreasonably withheld, conditioned or delayed. (c) Borrower will direct the Administrative Agent to make all APOD Capital Expenditures from such Deposit Accounts (other than the Excluded Account) directly to Republic, and Administrative Agent agrees to make such transfers so long as (i) immediately prior to and after giving pro forma effect to such transfer, no Default is continuing and (ii) such transfer otherwis...

Deposit Agreements. After the consummation of this transaction and with respect to the deposit liabilities assumed by Purchaser: (a) Checks, Drafts, and Orders. Purchaser shall pay all checks, drafts, and withdrawal orders properly drawn on assumed deposits and properly presented to it by mail, over its counters, or through clearing houses to the extent that the account balances to the credit of the respective makers or drawers are sufficient to permit the payment thereof in accordance with the applicable deposit agreements.

Deposit Agreements. 2.1 These terms and conditions will apply to all records deposited with Glasgow University Archive Services on or after 31 January 2003 unless the depositor notifies the Director of Archive Services in writing of any objections or variations to agreements made at the time of the original deposit. 2.2 After 31 January 2003 objections or variations to specific clauses within an agreement must be made in writing within a month of the date of the draft agreement. Any changes to the agreement must be discussed and agreed with the Director of Archive Services. 2.3 The Director of Archive Services reserves the right to refuse any records which are not covered by Glasgow University Archive Services collection policy, are not considered to be of sufficient historical value, or the cost of preservation outweighs the value of the information contained within the record. In such circumstances the records will be returned to the owner or the consent of the owner will be obtained prior to disposal. 2.4 A manual file register and electronic database of contact details of depositors are maintained permanently by Glasgow University Archive Services. The University is registered with the Data Protection Registrar and undertakes to process the data it holds on depositors lawfully. The Name and Town, or the Position and Company, of the depositor may be included in finding aids for researchers to understand a basic provenance. Otherwise full contact details for the depositor will not be released to third parties without the permission of the individual concerned. It is the responsibility of the depositor to contact Glasgow University Archive Services about any changes of ownership or a change in contact details. 2.5 Glasgow University Archive Services reserves the right to create copies of the records included in the deposit in any format, subject to current copyright law. Any applications to copy records included in the deposit must be made to the University Archivist who will abide by copyright and other relevant legislation and any other specific conditions stated in deposit agreements.

Deposit Agreements. 110 SECTION 7. NEGATIVE COVENANTS.............................................. 110 7.1 Indebtedness..................................................... 110 7.2 Liens and Related Matters........................................ 113 7.3 Investments; Acquisitions........................................ 115 7.4