Common use of Deposit and Other Accounts Clause in Contracts

Deposit and Other Accounts. To further secure the prompt payment and performance of all Obligations, Borrower hereby grants to Agent, for the benefit of Secured Parties, a continuing security interest in and Lien upon all amounts credited to any Deposit Account, Securities Account and Commodity Account of Borrower, including any sums in any blocked or lockbox accounts or in any accounts into which such sums are swept. Borrower hereby authorizes and directs each bank or other depository to deliver to Agent, upon request, all balances in any Deposit Account, Securities Account and Commodity Account maintained by Borrower, without inquiry into the authority or right of Agent to make such request. Borrower shall take all actions (including, without limitation, the delivery of one or more control agreements) necessary to establish Agent’s control (including through the execution of a deposit account control agreement as required by Agent) of each such Deposit Account, Securities Account and Commodity Account (other than a Deposit Account exclusively used for payroll, payroll taxes or employee benefits, or an account containing not more than $10,000 at any time). Borrower shall be the sole account holder of each Deposit Account and shall not allow any other Person (other than Agent) to have control over a Deposit Account or any Property deposited therein (other than a Deposit Account exclusively used for payroll, payroll taxes or employee benefits). Borrower shall promptly notify Agent of any opening or closing of a Deposit Account and, with the consent of Agent, will amend Schedule 2 to reflect same. At all times on and after the Closing Date, all Deposit Accounts, Securities Accounts and Commodity Accounts shall be primarily maintained with the Custodian.

Deposit and Other Accounts. To further secure the prompt payment and performance of all Obligations, each Borrower hereby grants to Agent, for the benefit of Secured Parties, a continuing security interest in and Lien upon all amounts credited to any Deposit Account, Securities Account and Commodity Account of such Borrower, including any sums in any blocked or lockbox accounts or in any accounts into which such sums are swept. Each Borrower hereby authorizes and directs each bank or other depository to deliver to Agent, upon request, all balances in any Deposit Account, Securities Account and Commodity Account maintained by such Borrower, without inquiry into the authority or right of Agent to make such request. Each Borrower shall take all actions (including, without limitation, including the delivery of one or more control agreements) necessary to establish Agent’s 's control (including through the execution of a deposit account control agreement as required by Agent) of each such Deposit Account (including each Dominion Account and each Operating Account), Securities Account and Commodity Account (other than a Deposit Account exclusively used for payroll, payroll taxes or employee benefits, or an account containing not more than $10,000 at any time). Each Borrower shall be the sole account holder of each Deposit Account (other than the Joint Royalty Accounts) and shall not allow any other Person (other than AgentAgent or, in the case of a Joint Royalty Account, the Person named as the owner or co-owner of such Joint Royalty Account) to have control over a Deposit Account or any Property deposited therein (other than a Deposit Account exclusively used for payroll, payroll taxes or employee benefits). Each Borrower shall promptly notify Agent of any opening or closing of a Deposit Account, Securities Account or Commodities Account and, with the consent of Agent, will amend Schedule 2 to reflect same. At all times on and after the Closing Date, all Deposit Accounts, Securities Accounts and Commodity Accounts shall be primarily maintained with the Custodian.

Deposit and Other Accounts. To further secure the prompt payment and performance of all Obligations, Borrower hereby grants to Agent, for the benefit of Secured Parties, a continuing security interest in and Lien upon all amounts credited to any Deposit Account, Securities Account and Commodity Account of Borrower, including any sums in any blocked or lockbox accounts or in any accounts into which such sums are swept. Borrower hereby authorizes and directs each bank or other depository to deliver to Agent, upon request, all balances in any Deposit Account, Securities Account and Commodity Account maintained by BorrowerXxxxxxxx, without inquiry into the authority or right of Agent to make such request. Borrower shall take all actions (including, without limitation, the delivery of one or more control agreements) necessary to establish Agent’s control (including through the execution of a deposit account control agreement as required by Agent) of each such Deposit Account, Securities Account and Commodity Account (other than a Deposit Account exclusively used for payroll, payroll taxes or employee benefits, or an account containing not more than $10,000 at any time). Borrower shall be the sole account holder of each Deposit Account and shall not allow any other Person (other than Agent) to have control over a Deposit Account or any Property deposited therein (other than a Deposit Account exclusively used for payroll, payroll taxes or employee benefits). Borrower shall promptly notify Agent of any opening or closing of a Deposit Account and, with the consent of Agent, will amend Schedule 2 to reflect same. At all times on and after the Closing Date, all Deposit Accounts, Securities Accounts and Commodity Accounts shall be primarily maintained with the Custodian.

Deposit and Other Accounts. To further secure the prompt payment and performance of all Obligations, each Borrower hereby grants to Agent, for the benefit of Secured Parties, a continuing security interest in and Lien upon all amounts credited to any Deposit Account, Securities Account and Commodity Account of such Borrower, including any sums in any blocked or lockbox accounts or in any accounts into which such sums are swept. Each Borrower hereby authorizes and directs each bank or other depository to deliver to Agent, upon request, all balances in any Deposit Account, Securities Account and Commodity Account maintained by such Borrower, without inquiry into the authority or right of Agent to make such request. Each Borrower shall take all actions (including, without limitation, including the delivery of one or more control agreements) necessary to establish Agent’s control (including through the execution of a deposit account control agreement as required by Agent) of each such Deposit Account (including each Dominion Account and each Operating Account), Securities Account and Commodity Account (other than a Deposit Account exclusively used for payroll, payroll taxes or employee benefits, or an account containing not more than $10,000 at any time). Each Borrower shall be the sole account holder of each Deposit Account (other than the Joint Royalty Accounts) and shall not allow any other Person (other than AgentAgent or, in the case of a Joint Royalty Account, the Person named as the owner or co-owner of such Joint Royalty Account) to have control over a Deposit Account or any Property deposited therein (other than a Deposit Account exclusively used for payroll, payroll taxes or employee benefits). Each Borrower shall promptly notify Agent of any opening or closing of a Deposit Account, Securities Account or Commodities Account and, with the consent of Agent, will amend Schedule 2 to reflect same. At all times on and after the Closing Date, all Deposit Accounts, Securities Accounts and Commodity Accounts shall be primarily maintained with the Custodian.