Deposit and Investment Accounts. You will not maintain, or permit any of Your Domestic Subsidiaries to maintain, any Deposit Accounts or accounts holding Investment Property owned by You (or such Domestic Subsidiaries) except (i) accounts identified in the Certificate of Perfection with respect to which We have a perfected security interest, and (ii) other accounts with respect to which We have a perfected security interest. You will give Us prior written notice of the creation of any Deposit Accounts or accounts holding Investment Property. • Transactions with Affiliates. You will not directly or indirectly enter into or permit to exist any material transaction with any of Your Affiliates except for (i) transactions that are in the ordinary course of Your business, upon fair and reasonable terms that are no less favorable to You than would be obtained in an arm’s length transaction with a non-affiliated Person, (ii) equity financings with Your investors existing as of the Closing Date that are otherwise permitted under this Agreement, (iii) unsecured bridge financings with Your investors existing as of the Closing Date that are otherwise permitted under this Agreement and that constitute Subordinated Indebtedness and are evidenced by a subordination agreement on terms acceptable to Us in Our sole discretion and (iv) transactions that constitute Permitted Investments. • Subordinated Indebtedness. You will not prepay, redeem or otherwise satisfy in any manner prior to the scheduled repayment thereof any Subordinated Indebtedness (other than the Advances and the conversion of any Subordinated Indebtedness into equity securities and the payment of cash in lieu of the issuance for fractional shares upon any such conversion), and You shall not make or permit any payment on any Subordinated Indebtedness, except under the terms of the subordination, intercreditor, or other similar agreement to which such Subordinated Indebtedness is subject, or amend any provision in any document relating to the Subordinated Indebtedness which would increase the amount thereof or adversely affect the subordination thereof, as the case may be, to Secured Obligations owed to Us.
Deposit and Investment Accounts. Borrower maintains only the operating, savings, deposit, securities and investment accounts listed on Exhibit B.
Deposit and Investment Accounts. None of You will maintain, nor permit any of Your Subsidiaries to maintain, any Deposit Accounts or accounts holding Investment Property owned by any of You (or such Subsidiaries) except (i) accounts identified in the Certificate of Perfection with respect to which We have a perfected security interest, and (ii) other accounts with respect to which We have a perfected security interest. You will give Us prior written notice of the creation of any Deposit Accounts or accounts holding Investment Property in the United States. Notwithstanding the foregoing, Foreign Subsidiaries may maintain Deposit Accounts or accounts holding Investment Property (collectively “Excluded Accounts”) in which We do not have a perfected security interest, provided the balances in all Excluded Accounts shall not in the aggregate exceed Five hundred Thousand Dollars ($500,000) at any time (the “Subsidiary Cash Cap”). Notwithstanding the foregoing, with respect to Your account ending in [ ] at Bank of America (“BOA Account”), You shall have until June 9, 2015 (“BOA Date”) to either (i) close such BOA Account and transfer the balances to Deposit Accounts or accounts holding Investment Property in which We have a perfected security interest or (ii) provide Us with an account control agreement for such BOA Account, provided that if the balance in the BOA Account at any time exceeds $75,000 prior to the BOA Date, You shall transfer within five (5) Business Days such amount exceeding $75,000 to Deposit Accounts or accounts holding Investment Property in which We have a perfected security interest.
Deposit and Investment Accounts. Borrower will not maintain, deposit or invest funds into any Deposit Account or Investment Account other than those listed on Schedule 7.14.
Deposit and Investment Accounts. Lender may deliver a notice of exclusive control, any entitlement order, or other directions or instructions pursuant to any Deposit Account Control Agreement, Securities Account Control Agreement or similar agreement providing control of any Collateral.
Deposit and Investment Accounts. None of You will maintain, nor permit any of Your Subsidiaries to maintain, any Deposit Accounts or accounts holding Investment Property owned by any of You (or such Subsidiaries) except (i) accounts identified in the Certificate of Perfection attached as Exhibit C with respect to which We have a perfected security interest, (ii) other accounts with respect to which We have a perfected security interest and (iii) any accounts maintained by a Foreign Subsidiary that is not a Material Foreign Subsidiary. You will give Us prior written notice of the creation of any Deposit Accounts or accounts holding Investment Property.
Deposit and Investment Accounts. Borrower will maintain 95% of its cash and Cash Equivalents held in the United States or its territories, in depository, investment and operating accounts with Bank and Bank’s affiliates which shall be held in the form of cash and such other investments as are consistent with Borrower’s investment policy as approved by its Board of Directors.
Deposit and Investment Accounts. None of You will maintain, nor permit any of Your Subsidiaries to maintain, any Deposit Accounts or accounts holding Investment Property owned by any of You (or such Subsidiaries) except (i) accounts identified in the Certificate of Perfection attached as Exhibit C with respect to which We have a perfected security interest, and (ii) other accounts with respect to which We have a perfected security interest. You will give Us prior written notice of the creation of any Deposit Accounts or accounts holding Investment Property. None of You shall permit EC Innovation, EC Israel or EC Germany to retain in any of their Deposit Accounts or accounts holding Investment Property, cash amounts in excess of three (3) months operating expenses, for such Subsidiaries.
Deposit and Investment Accounts. Borrower shall maintain all its depository, operating and investment accounts with Bank or Bank's Affiliates.
Deposit and Investment Accounts. The Control Agreement among Borrower, ORIX and SVB shall continue in full force and effect. Notwithstanding the foregoing, Borrower shall not be required to cause SVB or other depository institution to enter into a control agreement with respect to Borrower's regular payroll account. Borrower covenants not to maintain in said payroll account, at any time, more than the amount required in order to fund Borrower's current payroll, and such funds shall be maintained in said payroll account no earlier than is necessary in accordance with Borrower's regular practice in order to fund such payroll. Borrower represents and warrants that it does not have any Deposit Accounts or investment accounts maintained at any other bank or other institution other than SVB, except for (i) the regular payroll account referred to above, and (ii) deposit or trust accounts maintained by Borrower for its customers or clients, which contain only funds belonging to such customers or client and not containing any funds belonging to Borrower.
