Depositary Accounts. The Debt Service Reserve Account shall have been funded (including, at the Borrower’s option, by the posting of Debt Service Letters of Credit (as such term is defined in the Depositary Agreement)) to an amount equal to or greater than the Debt Service Reserve Requirement. The Construction Account shall have been funded to an amount equal to or greater than the Final Completion Amount.
Depositary Accounts. Schedule 5.23 sets forth a true and complete list of all bank accounts maintained by the Borrower and its Restricted Subsidiaries as of the date hereof.
Depositary Accounts. For each Grantor, list all depositary and other accounts including, without limitation, Deposit Accounts, securities accounts, brokerage accounts and other similar accounts, maintained by each Grantor (other than Excluded Accounts), which description includes for each such account the name of the Grantor maintaining such account, the name and address of the financial institution at which such account is maintained and the account number of such account.
Depositary Accounts. Holdings and its subsidiaries, in accordance with the Revolving Facility Credit Agreement, shall maintain blocked account arrangements relating to depositary accounts (the “Depositary Accounts”) with certain depositary banks (the “Depositary Banks”) in which all collections from any Inventory and related Accounts are deposited. The Revolving Facility Agent will act as sub-agent for the Term Loan Agent for the purpose of perfecting the Liens of the Term Loan Secured Parties in all such Depositary Accounts and the cash and other assets therein as provided in Section 3.01 (but will have no duty, responsibility or obligation to the Term Loan Secured Parties except as set forth in the last sentence of this Section). After the occurrence of the Revolving Facility First Lien Collateral Transition Date, the Revolving Facility Agent shall (a) at the request of the Term Loan Agent, transfer all cash and other assets in such Depositary Accounts maintained with it to the Term Loan Agent and (b) at the request of the Term Loan Agent, cooperate with the Company and the Term Loan Agent (at the expense of the Company) in permitting control of any other Depositary Accounts to be transferred to the Term Loan Agent (or for other arrangements with respect to each such Depositary Account satisfactory to the Term Loan Agent to be made).
Depositary Accounts. Grantors, in accordance with and to the extent required under the Revolving Facility Credit Agreement, may maintain blocked account agreements relating to certain depositary accounts (the “Depositary Accounts”) with various depositary banks (the “Depositary Banks”) in which collections from Inventory and Accounts are deposited. To the extent that the Revolving Facility Agent has, at any time, control of any such Depositary Account or the cash and other assets contained therein, the Revolving Facility Agent will act as gratuitous bailee for the Term Loan Agent for the purpose of perfecting the Liens of the Term Loan Secured Parties in all such Depositary Accounts and the cash and other assets therein as provided in Section 3.01 (but will have no duty, responsibility or obligation to the Term Loan Secured Parties except as set forth in the last sentence of this Section). Subject to the terms of the Term Loan Security Document, after the occurrence of the Revolving Facility First Lien Collateral Transition Date, to the extent that the Revolving Facility Agent has, at such time, control of any Depositary Account or the cash and other assets contained therein, the Revolving Facility Agent shall, at the request of the Term Loan Agent, cooperate with the Company and the Term Loan Agent (at the expense of the Company) in permitting such control to be transferred to the Term Loan Agent (or for other arrangements with respect to each such Depositary Account satisfactory to the Term Loan Agent to be made), in each case to the extent such control is required by the terms of the Term Loan Security Documents.
Depositary Accounts. Schedule 4.25 hereto contains a true and complete list of all Depositary Accounts maintained as of Closing Date by any Credit Party, setting forth the name and address of each bank, savings institution, securities broker or dealer, other financial intermediary or other depositary institution at which each such Depositary Account is maintained, and stating the title and account number of each such Depositary Account.
Depositary Accounts. The Company and the Depositary Bank shall have established and opened the Depositary Accounts in accordance with the terms of the Depositary Agreement. The Debt Service Reserve Account shall be funded (or the funds flow memorandum delivered pursuant to Section 4.1(j) shall reflect that it will be funded substantially contemporaneously with the Closing) pursuant to and as required by the Depositary Agreement (including, as applicable, by the issuance of a Letter of Credit). The Buyout Reserve Account shall be funded (or the funds flow memorandum delivered pursuant to Section 4.1(j) shall reflect that it will be funded substantially contemporaneously with the Closing) pursuant to and as required by the Depositary Agreement (including, as applicable, by the issuance of a Buyout Reserve Letter of Credit).
Depositary Accounts. 47 4.26. Suppliers; Distributors; Printers...........................................................48 4.27. Status under Certain Laws...................................................................48 4.28. Foreign Assets Control Regulations..........................................................48 4.29. Certain Transactions........................................................................48 4.30. Places of Business..........................................................................49 4.31.
Depositary Accounts. All depositary, collection, concentration and other accounts (each a "DEPOSITARY ACCOUNT" and, together with any other depositary account established by the Company in accordance with the terms of this Agreement (including, without limitation pursuant to Sections 4.1(m) and 4.2(l) hereof), collectively, the "DEPOSITARY ACCOUNTS") maintained by the Company and any of its Subsidiaries are described on SCHEDULE 3(CC) hereto, which description includes for each such account the name on the account, the name, address and telephone and telecopy numbers of the financial institution at which such account is maintained, the account number and the account officer, if any, of such account.
Depositary Accounts. No deposit, checking, money market, securities or other similar account with any bank, brokerage firm or other financial institution shall be maintained by any Borrower unless such institution and such Borrower have first delivered to the Lender, in form and substance acceptable to the Lender, a control agreement, depositary bank agreement, broker’s letter, security agreement or other document establishing and perfecting the Lender’s first priority Lien (subject only to Permitted Liens) in such account and granting to the Lender rights in such account consistent with the Credit Documents as the Lender may reasonably require.
