Deposit, Commodity, and Securities Accounts. Schedule 3.8 correctly identifies all Deposit Accounts, Commodity Accounts, and Securities Accounts in which a Grantor has an interest and the institutions holding such Deposit Accounts, Commodity Accounts and Securities Accounts. Each Grantor is the sole account holder of each such Deposit Accounts, Commodity Accounts and Securities Accounts, and such Grantor has not consented to, and is not otherwise aware of, any Person (other than Administrative Agent) having Control over, or any other interest in, any such Deposit Accounts, Commodity Accounts and Securities Accounts or the property credited thereto. To the extent each such Deposit Account, Commodity Account, and Securities Account is subject to a Control Agreement, each such Control Agreement is in full force and effect and is sufficient to perfect a first priority security interest in favor of Administrative Agent in and to each such Deposit Account, Commodity Account, and Securities Account.
Deposit, Commodity, and Securities Accounts. With respect to any Deposit Account, Commodity Account or Securities Account, each Grantor shall (a) maintain such accounts at the institutions described on Schedule 3.8 or such additional institutions as to which such Grantor has complied with clause (b) hereof; (b) deliver to each depository bank and security intermediary, a Control Agreement in form and substance reasonably satisfactory to Administrative Agent, with respect to each such account (other than Excluded Payroll Accounts and such accounts subject to the exemption set forth in Section 6.12(b) of the Credit Agreement) and obtain the execution of such Control Agreements; and (c) deliver to Administrative Agent all certificates or Instruments, if any, now or hereafter representing or evidencing such Deposit Accounts, Commodity Accounts or Securities Accounts (other than Excluded Payroll Accounts and such accounts subject to the exemption set forth in Section 6.12(b) of the Credit Agreement) accompanied by duly executed instruments of transfer or assignments in blank, all in form and substance reasonably satisfactory to Administrative Agent. Without Administrative Agent’s prior written consent, no Grantor shall establish any additional Deposit Accounts, Securities Accounts or Commodities Accounts(other than Excluded Payroll Accounts and such accounts subject to the exemption set forth in Section 6.12(b) of the Credit Agreement) unless such accounts are subject to Administrative Agent’s exclusive Control.
Deposit, Commodity, and Securities Accounts. As of the date hereof, Schedule 3.2 correctly identifies all deposit, commodity and securities accounts owned by Debtor and the institutions holding such accounts and all lockbox agreements it has entered into with the institutions reflected thereon. No Person other than Debtor or the Agent, if applicable, has control over any investment property or any deposit accounts.
Deposit, Commodity, and Securities Accounts. Schedule 3.10 correctly identifies all Deposit Accounts, Commodity Accounts, and Securities Accounts in which a Grantor has an interest and the institutions holding such accounts. Grantor is the sole account holder of each such account, and Grantor has not consented to, and is not otherwise aware of, any Person (other than Agent) having Control over, or any other interest in, any such account or the property credited thereto.
Deposit, Commodity, and Securities Accounts. With respect to any Deposit Account, Commodity Account or Securities Account, each Grantor shall (a) maintain such accounts at the institutions described on Schedule 3.8 or such additional institutions as to which such Grantor has complied with clause (b) hereof; (b) deliver to each depository bank and security intermediary, a Control Agreement in form and substance satisfactory to Administrative Agent, with respect to each such account (other than Excluded Payroll Accounts) and obtain the execution of such Control Agreements; (c) deliver to Administrative Agent all certificates or Instruments, if any, now or hereafter representing or evidencing such Deposit Accounts (other than Excluded Payroll Accounts), Commodity Accounts, or Securities Accounts accompanied by duly executed instruments of transfer or assignments in blank, all in form and substance satisfactory to Administrative Agent. Without Administrative Agent’s prior written consent, no Grantor shall establish any additional Deposit Accounts (other than Excluded Payroll Accounts), Securities Accounts, or Commodities Accounts unless such accounts are subject to Administrative Agent’s exclusive Control.
Deposit, Commodity, and Securities Accounts. Schedule 3.9 identifies all Deposit Accounts, Commodity Accounts, and Securities Accounts constituting Collateral and the institutions holding such accounts and whether any such account constitutes Second Tier Collateral. Each Grantor is the sole account holder of each such account, and such Grantor has not consented to, and is not otherwise aware of, any Person (other than Collateral Agent and the financial institution maintaining such account) having Control over, or any other interest in (other than Permitted Liens), any such account or the property credited thereto. The Control Agreement for each Deposit Account, Commodity Account, and Securities Account (other than accounts constituting Second Tier Collateral) is in full force and effect and is sufficient to create a valid, perfected and to each Grantor’s Knowledge, first priority security interest in favor of Collateral Agent in and to each such Deposit Account, Commodity Account, and Securities Account, subject to Permitted Liens.
Deposit, Commodity, and Securities Accounts. SCHEDULE 3.2 correctly identifies all of its lockbox agreements and all deposit, commodity and securities accounts and the institutions holding such accounts. No Person other than such Debtor has control over any deposit, commodity or securities account or any Investment Property.
Deposit, Commodity, and Securities Accounts. Exhibit 3.7 correctly identifies all deposit, commodity and securities accounts owned by Debtor and the institutions holding such accounts. No party other than Debtor has control over any Investment Property or such accounts..
Deposit, Commodity, and Securities Accounts. With respect to any Deposit Account, Commodity Account, or Securities Account, Grantor shall (a) maintain such accounts at the institutions described on Schedule 3.10 or such additional institutions as have complied with clause (b) hereof; (b) upon the request of the Agent, deliver to and obtain from each depository bank and security intermediary a Control agreement in form and substance satisfactory to Agent which provides that Agent shall have exclusive Control over such account; and (c) deliver to Agent all certificates or Instruments, if any, now or hereafter representing or evidencing such accounts, accompanied by duly executed instruments of transfer or assignment in blank, all in form and substance reasonably satisfactory to Agent. If Agent has requested exclusive Control thereof, Grantor shall not establish or maintain any Deposit Accounts, Commodity Accounts or Securities Accounts, unless such accounts are subject to Agent’s exclusive Control.
Deposit, Commodity, and Securities Accounts. With respect to any Deposit Account, Commodity Account, or Securities Account, each Grantor shall (a) maintain such accounts at the institutions described on Schedule 3.10 or such additional institutions as have complied with clause (b) hereof; (b) cause each bank and other financial institution with an account referred to in Schedule 3.10 hereto to execute and deliver to the Lender (or its designee) a control agreement, in form and substance satisfactory to the Lender and such Grantor, duly executed by such Grantor and such bank or financial institution, pursuant to which such institution shall irrevocably agree, among other things, that (i) it will comply at any time with the instructions originated by Lender (or its designee) to such bank or financial institution directing the disposition of cash, commodity contracts, securities, Investment Property and other items from time to time credited to such account, without further consent of such Grantor, (ii) all cash, commodity contracts, securities, Investment Property and other items of such Grantor deposited with such institution shall be subject to a perfected, first priority security interest in favor of Lender (or its designee) and (iii) Lender shall have exclusive Control over such account; (c) deliver to Lender all certificates or Instruments, if any, now or hereafter representing or evidencing such accounts, accompanied by duly executed instruments of transfer or assignment in blank, all in form and substance reasonably satisfactory to Lender. Without Lender’s consent, no Grantor shall establish any additional Deposit Account, Commodity Account, or Securities Account, unless at the time such account is established it is subject to Lender’s exclusive Control. The provisions of this Section 4.10 shall not apply to Deposit Accounts specially and exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for the benefit of a Grantor's salaried employees; provided that the funds on deposit in such Deposit Accounts shall at no time exceed the actual payroll, payroll taxes and other employee wage and benefit payments then owing by such Grantor for the immediately succeeding payroll period.
