Common use of Deposit Taker Agreements Clause in Contracts

Deposit Taker Agreements. Prior to the Closing, LRC must (1) ask BTMU, as the designated Deposit Taker for BTMUCLF, and each Eligible Deposit Taker designated by any Participant to act as the Deposit Taker for it under this Agreement, to satisfy the Deposit Taker Prerequisites; and (2) execute and provide to BTMUCLF a completed Deposit Taker’s Agreement for BTMUCLF’s execution and delivery to each Deposit Taker. Promptly after receipt of a properly completed Deposit Taker’s Agreement executed by LRC and in form ready to be executed by BTMU or any other Eligible Deposit Taker named therein, BTMUCLF must execute such Deposit Taker’s Agreement and deliver it to the appropriate Deposit Taker as necessary for the satisfaction of the Deposit Taker Prerequisites. Without limiting the foregoing, it is understood that (i) BTMUCLF and any Participant may designate BTMU as its Deposit Taker, (ii) any Participant may designate itself or any of its Affiliates as its Deposit Taker so long as the Participant or its Affiliate, as the case may be, is an Eligible Deposit Taker, and (iii) as provided in both the preceding provisions of this subparagraph and in subparagraph 3(E), BTMUCLF and LRC must promptly upon request execute and deliver any properly completed Deposit Taker Agreement requested by BTMUCLF or any Participant to facilitate the designations of Deposit Takers contemplated by this Agreement. If any Participant has not already designated an Eligible Deposit Taker to act as Deposit Taker for it under this Agreement at any time when such a designation is required, then BTMUCLF may make the designation for such Participant; subject, however, to such Participant’s rights under subparagraphs 3(D) and 3(E).

Deposit Taker Agreements. Prior At least ten days prior to the Closingany initial deposit of Cash Collateral with any Deposit Taker required by this Agreement, LRC must (1) ask BTMUBNP Paribas, as the designated Deposit Taker for BTMUCLFBNPPLC, and each Eligible Deposit Taker designated by any Participant to act as the Deposit Taker for it under this Agreement, to satisfy the Deposit Taker Prerequisites; and (2) execute and provide to BTMUCLF BNPPLC a completed Deposit Taker’s Agreement for BTMUCLFBNPPLC’s execution and delivery to each Deposit Taker. Promptly after receipt of a properly completed Deposit Taker’s Agreement executed by LRC and in form ready to be executed by BTMU BNP Paribas or any other Eligible Deposit Taker named therein, BTMUCLF BNPPLC must execute such Deposit Taker’s Agreement and deliver it to the appropriate Deposit Taker as necessary for the satisfaction of the Deposit Taker Prerequisites. Without limiting the foregoing, it is understood LRC acknowledges and agrees that (i) BTMUCLF BNPPLC and any Participant may designate BTMU BNP Paribas or any other Eligible Deposit Taker as its Deposit Taker, (ii) any Participant may designate itself or any of its Affiliates as its Deposit Taker so long as the Participant or its Affiliate, as the case may be, is an Eligible Deposit Taker, and (iii) as provided in both the preceding provisions of this subparagraph and in subparagraph 3(E), BTMUCLF BNPPLC and LRC must promptly upon request execute and deliver any properly completed Deposit Taker Taker’s Agreement requested by BTMUCLF BNPPLC or any Participant to facilitate the designations of Deposit Takers contemplated by this Agreement. If any Participant has not already designated an Eligible Deposit Taker to act as Deposit Taker for it under this Agreement at any time when such a designation is required, then BTMUCLF BNPPLC may make the designation for such Participant; subject, however, to such the Participant’s rights under subparagraphs 3(D) and 3(E).

Deposit Taker Agreements. Prior On or prior to the ClosingEffective Date, LRC must (1) ask BTMUBNP Paribas, as the designated Deposit Taker for BTMUCLFBNPPLC, and each Eligible Deposit Taker designated by any Participant to act as the Deposit Taker for it under this Agreement, to satisfy the Deposit Taker Prerequisites; and (2) execute and provide to BTMUCLF a completed Deposit Taker’s Agreement for BTMUCLF’s execution and delivery to each Deposit Taker. Promptly after receipt of a properly completed Deposit Taker’s Agreement executed by LRC and in form ready to be executed by BTMU or any other Eligible Deposit Taker named therein, BTMUCLF must execute such Deposit Taker’s Agreement and deliver it to the appropriate Deposit Taker as necessary for the satisfaction of has satisfied the Deposit Taker Prerequisites. Without limiting the foregoing, it is understood BNPPLC Paribas and each Participant’s designated Deposit Taker has received a completed, executed Deposit Taker’s Agreement from Pledge Agreement (Livermore/Parcel #3) — Page 8 LRC and BNPPLC and has executed and returned the same to LRC and BNPPLC. LRC acknowledges and agrees that (i) BTMUCLF BNPPLC and any Participant may designate BTMU BNP Paribas or any other Eligible Deposit Taker as its Deposit Taker, (ii) any Participant may designate itself or any of its Affiliates as its Deposit Taker so long as the Participant or its Affiliate, as the case may be, is an Eligible Deposit Taker, and (iii) as provided in both the preceding provisions of this subparagraph and in subparagraph 3(E), BTMUCLF BNPPLC and LRC must promptly upon request execute and deliver any properly completed Deposit Taker Taker’s Agreement requested by BTMUCLF BNPPLC or any Participant to facilitate the designations of Deposit Takers contemplated by this Agreement. If any Participant has not already designated an Eligible Deposit Taker to act as Deposit Taker for it under this Agreement at any time when such a designation is required, then BTMUCLF BNPPLC may make the designation for such Participant; subject, however, to such the Participant’s rights under subparagraphs 3(D) and 3(E).

Deposit Taker Agreements. Prior On or prior to the ClosingEffective Date, LRC must (1) ask BTMUBNP Paribas, as the designated Deposit Taker for BTMUCLFBNPPLC, and each Eligible Deposit Taker designated by any Participant to act as the Deposit Taker for it under this Agreement, to satisfy the Deposit Taker Prerequisites; and (2) execute and provide to BTMUCLF a completed Deposit Taker’s Agreement for BTMUCLF’s execution and delivery to each Deposit Taker. Promptly after receipt of a properly completed Deposit Taker’s Agreement executed by LRC and in form ready to be executed by BTMU or any other Eligible Deposit Taker named therein, BTMUCLF must execute such Deposit Taker’s Agreement and deliver it to the appropriate Deposit Taker as necessary for the satisfaction of has satisfied the Deposit Taker Prerequisites. Without limiting the foregoing, it is understood BNPPLC Paribas and each Participant’s designated Deposit Taker has received a completed, executed Deposit Taker’s Agreement from Pledge Agreement (Livermore/Parcel #2) — Page 8 LRC and BNPPLC and has executed and returned the same to LRC and BNPPLC. LRC acknowledges and agrees that (i) BTMUCLF BNPPLC and any Participant may designate BTMU BNP Paribas or any other Eligible Deposit Taker as its Deposit Taker, (ii) any Participant may designate itself or any of its Affiliates as its Deposit Taker so long as the Participant or its Affiliate, as the case may be, is an Eligible Deposit Taker, and (iii) as provided in both the preceding provisions of this subparagraph and in subparagraph 3(E), BTMUCLF BNPPLC and LRC must promptly upon request execute and deliver any properly completed Deposit Taker Taker’s Agreement requested by BTMUCLF BNPPLC or any Participant to facilitate the designations of Deposit Takers contemplated by this Agreement. If any Participant has not already designated an Eligible Deposit Taker to act as Deposit Taker for it under this Agreement at any time when such a designation is required, then BTMUCLF BNPPLC may make the designation for such Participant; subject, however, to such the Participant’s rights under subparagraphs 3(D) and 3(E).

Deposit Taker Agreements. Prior On or prior to the ClosingEffective Date, LRC must (1) ask BTMUBNP Paribas, as the designated Deposit Taker for BTMUCLFBNPPLC, and each Eligible Deposit Taker designated by any Participant to act as the Deposit Taker for it under this Agreement, to satisfy the Deposit Taker Prerequisites; and (2) execute and provide to BTMUCLF a completed Deposit Taker’s Agreement for BTMUCLF’s execution and delivery to each Deposit Taker. Promptly after receipt of a properly completed Deposit Taker’s Agreement executed by LRC and in form ready to be executed by BTMU or any other Eligible Deposit Taker named therein, BTMUCLF must execute such Deposit Taker’s Agreement and deliver it to the appropriate Deposit Taker as necessary for the satisfaction of has satisfied the Deposit Taker Prerequisites. Without limiting the foregoing, it is understood BNPPLC Paribas and each Participant’s designated Deposit Taker has received a completed, executed Deposit Taker’s Agreement from Pledge Agreement (Livermore/Parcel #4) — Page 8 LRC and BNPPLC and has executed and returned the same to LRC and BNPPLC. LRC acknowledges and agrees that (i) BTMUCLF BNPPLC and any Participant may designate BTMU BNP Paribas or any other Eligible Deposit Taker as its Deposit Taker, (ii) any Participant may designate itself or any of its Affiliates as its Deposit Taker so long as the Participant or its Affiliate, as the case may be, is an Eligible Deposit Taker, and (iii) as provided in both the preceding provisions of this subparagraph and in subparagraph 3(E), BTMUCLF BNPPLC and LRC must promptly upon request execute and deliver any properly completed Deposit Taker Taker’s Agreement requested by BTMUCLF BNPPLC or any Participant to facilitate the designations of Deposit Takers contemplated by this Agreement. If any Participant has not already designated an Eligible Deposit Taker to act as Deposit Taker for it under this Agreement at any time when such a designation is required, then BTMUCLF BNPPLC may make the designation for such Participant; subject, however, to such the Participant’s rights under subparagraphs 3(D) and 3(E).

Deposit Taker Agreements. Prior At least ten days prior to the Closingany initial deposit of Cash Collateral with any Deposit Taker required by this Agreement, LRC must (1) ask BTMUBNP Paribas, as the designated Deposit Taker for BTMUCLFBNPPLC, and each Eligible Deposit Taker designated by any Participant to act as the Deposit Taker for it under this Agreement, to satisfy the Deposit Taker Prerequisites; and (2) execute and provide to BTMUCLF BNPPLC a completed Deposit Taker’s Agreement for BTMUCLFBNPPLC’s execution and delivery to each Deposit Taker. Promptly after receipt of a properly completed Deposit Taker’s Agreement executed by LRC and in form ready to be executed by BTMU BNP Paribas or any other Eligible Deposit Taker named therein, BTMUCLF BNPPLC must execute such Deposit Taker’s Agreement and deliver it to the appropriate Deposit Taker as necessary for the satisfaction of the Deposit Taker Prerequisites. Without limiting the foregoing, it is understood that (i) BTMUCLF BNPPLC and any Participant may designate BTMU BNP Paribas as its Deposit Taker, (ii) any Participant may designate itself or any of its Affiliates as its Deposit Taker so long as the Participant or its Affiliate, as the case may be, is an Eligible Deposit Taker, and (iii) as provided in both the preceding provisions of this subparagraph and in subparagraph 3(E), BTMUCLF BNPPLC and LRC must promptly upon request execute and deliver any properly completed Deposit Taker Agreement requested by BTMUCLF BNPPLC or any Participant to facilitate the designations of Deposit Takers contemplated by this Agreement. If any Participant has not already designated an Eligible Deposit Taker to act as Deposit Taker for it under this Agreement at any time when such a designation is required, then BTMUCLF BNPPLC may Pledge Agreement (Livermore/ Parcel 7) — Page 10 make the designation for such Participant; subject, however, to such the Participant’s rights under subparagraphs 3(D) and 3(E).

Deposit Taker Agreements. Prior At least ten days prior to the Closingany initial deposit of Cash Collateral with any Deposit Taker required by this Agreement, LRC must (1) ask BTMUBNP Paribas, as the designated Deposit Taker for BTMUCLFBNPPLC, and each Eligible Deposit Taker designated by any Participant to act as the Deposit Taker for it under this Agreement, to satisfy the Deposit Taker Prerequisites; and (2) execute and provide to BTMUCLF BNPPLC a completed Deposit Taker’s Agreement for BTMUCLFBNPPLC’s execution and delivery to each Deposit Taker. Promptly after receipt of a properly completed Deposit Taker’s Agreement executed by LRC and in form ready to be executed by BTMU BNP Paribas or any other Eligible Deposit Taker named therein, BTMUCLF BNPPLC must execute such Deposit Taker’s Agreement and deliver it to the appropriate Deposit Taker as necessary for the satisfaction of the Deposit Taker Prerequisites. Without limiting the foregoing, it is understood that (i) BTMUCLF BNPPLC and any Participant may designate BTMU BNP Paribas as its Deposit Taker, (ii) any Participant may designate itself or any of its Affiliates as its Deposit Taker so long as the Participant or its Affiliate, as the case may be, is an Eligible Deposit Taker, and (iii) as provided in both the preceding provisions of this subparagraph and in subparagraph 3(E), BTMUCLF BNPPLC and LRC must promptly upon request execute and deliver any properly completed Deposit Taker Agreement requested by BTMUCLF BNPPLC or any Participant to facilitate the designations of Deposit Takers contemplated by this Agreement. If any Participant has not already designated an Eligible Deposit Taker to act as Deposit Taker for it under this Agreement at any time when such a designation is required, then BTMUCLF BNPPLC may make the designation for such Participant; subject, however, to such the Participant’s rights under subparagraphs 3(D) and 3(E).

Deposit Taker Agreements. Prior On or prior to the ClosingEffective Date, LRC must (1) ask BTMUBNP Paribas, as the designated Deposit Taker for BTMUCLFBNPPLC, and each Eligible Deposit Taker designated by any Participant to act as the Deposit Taker for it under this Agreement, to satisfy the Deposit Taker Prerequisites; and (2) execute and provide to BTMUCLF a completed Deposit Taker’s Agreement for BTMUCLF’s execution and delivery to each Deposit Taker. Promptly after receipt of a properly completed Deposit Taker’s Agreement executed by LRC and in form ready to be executed by BTMU or any other Eligible Deposit Taker named therein, BTMUCLF must execute such Deposit Taker’s Agreement and deliver it to the appropriate Deposit Taker as necessary for the satisfaction of has satisfied the Deposit Taker Prerequisites. Without limiting the foregoing, it is understood BNPPLC Paribas and each Participant’s designated Deposit Taker has received a completed, executed Deposit Taker’s Agreement from Pledge Agreement (Livermore/Parcel #1) — Page 8 LRC and BNPPLC and has executed and returned the same to LRC and BNPPLC. LRC acknowledges and agrees that (i) BTMUCLF BNPPLC and any Participant may designate BTMU BNP Paribas or any other Eligible Deposit Taker as its Deposit Taker, (ii) any Participant may designate itself or any of its Affiliates as its Deposit Taker so long as the Participant or its Affiliate, as the case may be, is an Eligible Deposit Taker, and (iii) as provided in both the preceding provisions of this subparagraph and in subparagraph 3(E), BTMUCLF BNPPLC and LRC must promptly upon request execute and deliver any properly completed Deposit Taker Taker’s Agreement requested by BTMUCLF BNPPLC or any Participant to facilitate the designations of Deposit Takers contemplated by this Agreement. If any Participant has not already designated an Eligible Deposit Taker to act as Deposit Taker for it under this Agreement at any time when such a designation is required, then BTMUCLF BNPPLC may make the designation for such Participant; subject, however, to such the Participant’s rights under subparagraphs 3(D) and 3(E).