Common use of Depository Accounts Clause in Contracts

Depository Accounts. (a) Annexed hereto as EXHIBIT 8.1 is a listing of all present DDA's, which listing includes, with respect to each depository of the Loan Parties, the following: (i) the name and address of that depository; (ii) the account number(s) of the account(s) maintained with such depository; and (iii) a contact person at such depository. (b) The Lead Borrower shall deliver the following to the Administrative Agent, as a condition to the effectiveness of this Agreement: (i) Notifications, executed on behalf of each Borrower, to each depository institution with which any DDA is maintained (other than any Exempt DDA and the Collection Accounts), in form satisfactory to the Administrative Agent of the Collateral Agent' interest in such DDA. Such Notifications shall be held in escrow by the Administrative Agent until the occurrence of a Cash Control Event at which time they may be delivered to the applicable depositary institutions. (ii) A Collection Account Agreement with any depository institution at which a Collection Account is maintained, including those listed on EXHIBIT 8.1. (c) No Borrower will establish any DDA hereafter (other than an Exempt DDA) unless, contemporaneous with such establishment, the Lead Borrower delivers the following to the Administrative Agent: (i) A notification for the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(i) if the subject DDA were open at the execution of this Agreement. (ii) A Collection Account Agreement executed on behalf of the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(ii) if the subject DDA were open at the execution of this Agreement.

Appears in 3 contracts

Samples: Loan and Security Agreement (DSW Inc.), Loan and Security Agreement (DSW Inc.), Loan and Security Agreement (DSW Inc.)

AutoNDA by SimpleDocs

Depository Accounts. (a) Annexed hereto as EXHIBIT SCHEDULE 8.1 is a listing Schedule of all present DDA's, which listing Schedule includes, with respect to each depository of the Loan Parties, the following: (i) the name and address ABA routing number of that depository; (ii) the account number(s) of the account(s) maintained with such depository; and (iii) a description of the type of account and (iv) whether such DDA is a Local Account, a Blocked Account or an Exempt DDA. The Borrower shall provide the Agent with the name of a contact person at such depository. (b) The Lead Borrower shall deliver the following to the Administrative Agent, as a condition to the effectiveness of this Agreement: (i) NotificationsNotification, executed on behalf of each the Borrower, to each depository institution with which any DDA is maintained (other than any Exempt DDA and the Collection Accountsany Blocked Account), in form satisfactory to the Administrative Agent of the Collateral Agent' 's interest in such DDA. Such Notifications shall be held in escrow by the Administrative Agent until the occurrence of a Cash Control Event at which time they may be delivered to the applicable depositary institutions. (ii) A Collection Blocked Account Agreement with any depository institution at which a Collection either of the following conditions applies: (A) Both any DDA (other than the Operating Account) and the Operating Account is maintained, including those listed on EXHIBIT 8.1. (B) A Blocked Account is maintained. (c) No The Borrower will not establish any DDA hereafter (other than an Exempt DDA) unless, contemporaneous with such establishment, the Lead Borrower delivers the following to the Administrative Agent: (i) A notification for Notification to the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(i8.1(b)(ii)(A) if the subject DDA were open at the execution of this Agreement. (ii) A Collection Blocked Account Agreement executed on behalf of the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(ii8.1(b)(ii)(B) if the subject DDA were open at the execution of this Agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Gander Mountain Co), Loan and Security Agreement (Gander Mountain Co)

Depository Accounts. (a) Annexed hereto as EXHIBIT 8.1 is a listing of all present DDA's, which listing includes, with respect to each depository of the Loan Parties, the following: (i) the name and address of that depository; (ii) the account number(s) of the account(s) maintained with such depository; and (iii) a contact person at such depository. (b) The Lead Borrower shall deliver the following to the Administrative Agent, as a condition to the effectiveness of this Agreement: (i) Notifications, executed on behalf of each Borrower, to each depository institution with which any DDA is maintained (other than any Exempt DDA and the Collection Accounts), in form satisfactory to the Administrative Agent of the Collateral Agent' 's interest in such DDA. Such Notifications shall be held in escrow by the Administrative Agent until the occurrence of a Cash Control Event at which time they may be delivered to the applicable depositary institutions. (ii) A Collection Account Agreement with any depository institution at which a Collection Account is maintained, including those listed on EXHIBIT 8.1. (c) No Borrower will establish any DDA hereafter (other than an Exempt DDA) unless, contemporaneous with such establishment, the Lead Borrower delivers the following to the Administrative Agent: (i) A notification for the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(i) if the subject DDA were open at the execution of this Agreement. (ii) A Collection Account Agreement executed on behalf of the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(ii) if the subject DDA were open at the execution of this Agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (DSW Inc.), Loan and Security Agreement (Retail Ventures Inc)

Depository Accounts. (a) Annexed hereto as EXHIBIT 8.1 7-1 is a listing Schedule of all present DDA's, which listing Schedule includes, with respect to each depository of the Loan Parties, the following: (i) the name and address of that depository; (ii) the account number(s) of the account(s) maintained with such depository; and (iii) a contact person at such depository. (b) The Lead Borrower shall deliver the following to the Administrative AgentLender, as a condition to the effectiveness of this Agreement: (i) NotificationsNotification, executed on behalf of each the Borrower, to each depository institution with which any DDA is maintained (other than the Operating Account or any Exempt DDA and the Collection AccountsLocal DDA), in form satisfactory to the Administrative Agent Lender, of the Collateral Agent' Lender's interest in such DDA. Such Notifications shall be held in escrow by the Administrative Agent until the occurrence of a Cash Control Event at which time they may be delivered to the applicable depositary institutions. (ii) A Collection An agreement (generally referred to as a "Blocked Account Agreement Agreement"), in form satisfactory to the Lender with any depository institution at which both any DDA and the Operating Account is maintained. (iii) An agreement (generally referred to as a "Blocked Account Agreement"), in form satisfactory to the Lender, with any depository institution at which a Collection Blocked Account is maintained, including those listed on EXHIBIT 8.1. (c) No The Borrower will not establish any DDA hereafter (other than an Exempt a Local DDA) unless, contemporaneous with such establishment, the Lead Borrower delivers the following to the Administrative Agent: Lender an agreement (iin form satisfactory to the Lender) A notification for the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(i) if the subject DDA were open at the execution of this Agreement. (ii) A Collection Account Agreement executed on behalf of the depository at with which such DDA is established if the same would have been required pursuant to Section 8.1(b)(ii) if the subject DDA were open at the execution of this Agreementbeing established.

Appears in 1 contract

Samples: Loan and Security Agreement (Paper Warehouse Inc)

Depository Accounts. (a) Annexed hereto as EXHIBIT 8.1 7.1 is a listing Schedule of all present DDA's’s, which listing Schedule includes, with respect to each depository of the Loan Parties, the followingdepository: (i) the name and address of that depository; (ii) the account number(s) of the account(s) maintained with such depository; and (iii) a contact person at such depository. (b) The Prior to the First Funding, the Lead Borrower shall deliver the following to the Administrative Agent, as a condition to the effectiveness of this AgreementLender: (i) NotificationsNotification, executed on behalf of each Borrower, to each depository institution with which any DDA is maintained by such Borrower (other than any Exempt DDA and the Collection AccountsBlocked Account), in form reasonably satisfactory to the Administrative Agent Lender, of the Collateral Agent' Lender’s interest in such DDA. Such Notifications shall be held in escrow by the Administrative Agent until the occurrence of a Cash Control Event at which time they may be delivered to the applicable depositary institutions. (ii) A Collection Blocked Account Agreement with any depository institution at which a Collection either of the following conditions applies: (A) Both any DDA (other than the Operating Account) and the Operating Account is maintained, including those listed on EXHIBIT 8.1. (B) A Blocked Account is maintained. (c) No Borrower will establish any DDA hereafter (other than an Exempt DDA) unless, contemporaneous with such establishment, the Lead Borrower delivers the following to the Administrative AgentLender: (i) A notification for Notification to the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(i(b)(ii)(A) if the subject DDA were open at on the execution date of this Agreement. (ii) A Collection Blocked Account Agreement executed on behalf of the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(ii(b)(ii)(B) if the subject DDA were open at on the execution date of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (dELiAs, Inc.)

Depository Accounts. (a) Annexed hereto as EXHIBIT 8.1 7.1 is a listing Schedule of all present DDA's’s, which listing includes, with respect to each depository of the Loan Parties, the following: (i) the name and address of that depository; (ii) the account number(s) of the account(s) maintained with such depository; and (iii) a contact person at such depository. (b) The Lead Borrower shall deliver the following to the Administrative Collateral Agent, as a condition to the effectiveness of this Agreement: (i) NotificationsWith respect to DDA’s that are not Blocked Accounts, the Operating Account, or Exempt DDA’s, notification, executed on behalf of each Borrowerthe Obligors, to each depository institution with which any DDA is maintained (other than any Exempt DDA and the Collection Accounts)maintained, in form satisfactory to the Administrative Collateral Agent of the Collateral Agent' ’s interest in such DDA. Such Notifications shall be held in escrow by the Administrative Agent until the occurrence of a Cash Control Event at which time they may be delivered to the applicable depositary institutions. (ii) A Collection With respect to DDA’s that are Blocked Accounts or the Operating Account, a Blocked Account Agreement with any depository institution at which a Collection Account is such accounts are maintained, including those listed on EXHIBIT 8.1. (c) No Borrower The Obligors will not establish any DDA hereafter (other than an Exempt DDA) unless, contemporaneous with such establishment, the Lead Borrower delivers the following to the Administrative Collateral Agent: (i) A With respect to DDA’s that are not Blocked Accounts, the Operating Account, or Exempt DDA’s, notification for to the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(i7.1(b)(i) if the subject DDA were open at the execution of this Agreement.; and (ii) A Collection With respect to DDA’s that are Blocked Accounts or the Operating Account, a Blocked Account Agreement executed on behalf of the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(ii7.1(b)(ii) if the subject DDA were open at the execution of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Mothers Work Inc)

Depository Accounts. (a) Annexed hereto as EXHIBIT 8.1 7.1 is a listing Schedule of all present DDA's’s and Investment Accounts, which listing includes, with respect to each depository of the Loan Parties, the following: (i) the name and address of that depository; (ii) the account number(s) of the account(s) maintained with such depository; and (iii) a contact person at such depository. (b) The Lead Borrower shall deliver the following to the Administrative Agent, as a condition Agent with respect to the effectiveness of this Agreementeach DDA: (i) NotificationsNotification, executed on behalf of each the Borrower, to each depository institution with which any DDA is maintained (other than any Exempt DDA and the Collection AccountsBlocked Account), in form satisfactory to the Administrative Agent of the Collateral Agent' ’s interest in such DDA. Such Notifications shall be held in escrow by the Administrative Agent until the occurrence of a Cash Control Event at which time they may be delivered to the applicable depositary institutions. (ii) A Collection Blocked Account Agreement with any depository institution at which a Collection either of the following conditions applies: (A) Both any DDA (other than the Operating Account) and the Operating Account is maintained, including those listed on EXHIBIT 8.1. (B) A Blocked Account is maintained. (c) No The Borrower will not establish any DDA hereafter (other than an Exempt DDA) unless, contemporaneous with such establishment, the Lead Borrower delivers the following to the Administrative Agent: (i) A With respect to DDAs that are not Blocked Accounts, the Operating Account, Disbursement Account or Exempt DDA’s, notification for to the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(i7.1(b)(i) if the subject DDA were open at the execution of this Agreement.; (ii) A Collection With respect to DDAs that are Blocked Accounts, a Blocked Account Agreement executed on behalf of the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(ii7.1(b)(ii) if the subject DDA were open at the execution of this Agreement. (d) Notwithstanding anything contained herein to the contrary, the Borrower (i) shall deliver a Control Agreement to the Agent with respect to each Investment Account, and (ii) shall not establish any Investment Account hereafter unless, contemporaneous with such establishment, the Borrower delivers a Control Agreement to the Agent, executed by the institution at which such Investment Account is maintained.

Appears in 1 contract

Samples: Loan and Security Agreement (RoomStore, Inc.)

Depository Accounts. (a) Annexed hereto as EXHIBIT 8.1 7.1 is a listing Schedule of all present DDA's, which listing Schedule includes, with respect to each depository of the Loan Parties, the following: (i) the name and address of that depository; (ii) the account number(s) of the account(s) maintained with such depository; and (iii) a contact person at such depository. (b) The Lead Borrower shall deliver the following to the Administrative AgentLender, as a condition to the effectiveness of this Agreement: (i) NotificationsNotification, executed on behalf of each the Borrower, to each depository institution with which any DDA is maintained (other than any Exempt DDA and the Collection AccountsBlocked Account), in form satisfactory to the Administrative Agent Lender of the Collateral Agent' Lender's interest in such DDA. Such Notifications shall be held in escrow by the Administrative Agent until the occurrence of a Cash Control Event at which time they may be delivered to the applicable depositary institutions. (ii) A Collection Blocked Account Agreement with any depository institution at which a Collection either of the following conditions applies: (A) Both any DDA (other than the Operating Account) and the Operating Account is maintained, including those listed on EXHIBIT 8.1. (B) A Blocked Account is maintained. (c) No The Borrower will not establish any DDA hereafter (other than an Exempt DDA) unless, contemporaneous with such establishment, the Lead Borrower delivers the following to the Administrative AgentLender: (i) A notification for Notification to the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(i7:7.1(b)(ii)(A) if the subject DDA were open at the execution of this Agreement. (ii) A Collection Blocked Account Agreement executed on behalf of the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(ii7:7.1(b)(ii)(B) if the subject DDA were open at the execution of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Bakers Footwear Group Inc)

Depository Accounts. (a) Annexed hereto as EXHIBIT 8.1 7.1 is a listing of all present DDA's’s, which listing includes, with respect to each depository of the Loan Parties, the following: (i) the name and address of that depository; (ii) the account number(s) of the account(s) maintained with such depository; and (iii) a contact person at such depository. (b) The Lead Borrower shall deliver the following to the Administrative AgentLender, as a condition to the effectiveness of this Agreement: (i) NotificationsNotification, executed on behalf of each Borrower, to each depository institution with which any DDA is maintained (other than any Exempt DDA and the Collection Blocked Accounts), in form satisfactory to the Administrative Agent Lender of the Collateral Agent' Lender’s interest in such DDA. Such Notifications shall be held in escrow by the Administrative Agent until the occurrence of a Cash Control Event at which time they may be delivered to the applicable depositary institutions. (ii) A Collection Blocked Account Agreement with any depository institution at which a Collection either of the following conditions applies: (A) Both any DDA (other than the Operating Account) and the Operating Account is maintained, including those listed on EXHIBIT 8.1. (B) A Blocked Account is maintained. (c) No Borrower will establish any DDA hereafter (other than an Exempt DDA) unless, contemporaneous with such establishment, the Lead Borrower delivers the following to the Administrative AgentLender: (i) A notification for Notification to the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(i7.1(b)(i) if the subject DDA were open at the execution of this Agreement. (ii) A Collection Blocked Account Agreement executed on behalf of the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(ii7.1 (b)(ii)(B) if the subject DDA were open at the execution of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Dreams Inc)

Depository Accounts. (a) Annexed hereto as EXHIBIT SCHEDULE 8.1 is a listing of to the Closing Certificate lists all present DDA'sDDAs, which listing Schedule includes, with respect to each depository of the Loan Parties, the following: (i) the name and address ABA routing number of that depository; (ii) the account number(s) of the account(s) maintained with such depository; and (iii) a description of the type of account and (iv) whether such DDA is a Local Account, a Blocked Account or an Exempt DDA. The Borrowers shall provide the Agent with the name of a contact person at such depository. (b) The Lead Borrower Borrowers shall deliver the following to the Administrative Agent, as a condition to the effectiveness of this Agreement: (i) NotificationsNotification, executed on behalf of each Borrower, to each depository institution with which any DDA is maintained (other than any Exempt DDA and the Collection Accountsany Blocked Account), in form satisfactory to the Administrative Agent of the Collateral Agent' ’s interest in such DDA. Such Notifications shall be held in escrow by the Administrative Agent until the occurrence of a Cash Control Event at which time they may be delivered to the applicable depositary institutions. (ii) A Collection Blocked Account Agreement with any depository institution at which a Collection either of the following conditions applies: (A) Both any DDA (other than the Operating Account) and the Operating Account is maintained. (B) A Blocked Account is maintained. (iii) With respect to each DDA maintained by any of the Xxxxxxx’x Borrowers, including those listed on EXHIBIT 8.1such cash management arrangements and actions to perfect the Lenders’ security interest therein as may be agreed with the Agent, all in form and substance satisfactory to the Agent. (c) No Borrower The Borrowers will not establish any DDA hereafter (other than an Exempt DDA) unless, contemporaneous with such establishment, the Lead Borrower delivers Borrowers deliver the following to the Administrative Agent: (i) A notification for Notification to the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(i8.1(b)(ii)(A) if the subject DDA were open at the execution of this Agreement. (ii) A Collection Blocked Account Agreement executed on behalf of the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(ii8.1(b)(ii)(B) if the subject DDA were open at the execution of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Gander Mountain Co)

Depository Accounts. (a) Annexed hereto as EXHIBIT 8.1 is a listing of Schedule 7.1 lists all present DDA's, which listing 's as of the Restatement Effective Date and includes, with respect to each depository of the Loan Parties, the following: (i) the name and address of that depository; (ii) the account number(s) of the account(s) maintained with such depository; and (iii) a contact person (with telephone and facsimile number) at such depository. (b) The Lead Borrower shall deliver the following to the Administrative Agent, as a condition to the effectiveness of this Agreement: (i) NotificationsNotification, executed on behalf of each BorrowerCredit Party, to each depository institution with which any DDA is maintained (other than any Exempt DDA and the Collection Accountsany Blocked Account), in the form satisfactory of Exhibit G, with such changes as are acceptable to the Administrative Agent of the Collateral Agent' interest in such DDA. Such Notifications shall be held in escrow by the Administrative Agent until the occurrence of a Cash Control Event at which time they may be delivered to the applicable depositary institutions. (ii) A Collection Blocked Account Agreement with any depository institution at which a Collection Blocked Account is required to be maintained, including those listed on EXHIBIT 8.1.; (c) No Borrower Credit Party will establish any DDA hereafter (other than an Exempt DDA) unless, contemporaneous with such establishment, the Lead Borrower delivers the following to the Administrative Agent: (i) A notification for Notification to the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(i7.1(b)(i) if the subject DDA were open at the execution of this Agreement. (ii) A Collection Blocked Account Agreement executed on behalf of the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(ii7.1(b)(ii) if the subject DDA were open at the execution of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Shopko Stores Inc)

Depository Accounts. (a) Annexed hereto as EXHIBIT 8.1 7.1 is a listing Schedule of all present DDA's, which listing Schedule includes, with respect to each depository of the Loan Parties, the following: (i) the name and address of that depository; (ii) the account number(s) of the account(s) maintained with such depository; and (iii) a contact person at such depository. (b) The Prior to the First Funding, the Lead Borrower shall deliver the following to the Administrative Agent, as a condition to the effectiveness of this AgreementLender: (i) NotificationsNotification, executed on behalf of each Borrower, to each depository institution with which any DDA is maintained (other than any Exempt DDA and the Collection AccountsBlocked Account), in form reasonably satisfactory to the Administrative Agent Lender of the Collateral Agent' Lender's interest in such DDA. Such Notifications shall be held in escrow by the Administrative Agent until the occurrence of a Cash Control Event at which time they may be delivered to the applicable depositary institutions. (ii) A Collection Blocked Account Agreement with any depository institution at which a Collection either of the following conditions applies: (A) Both any DDA (other than the Operating Account) and the Operating Account is maintained, including those listed on EXHIBIT 8.1. (B) A Blocked Account is maintained. (c) No Borrower will establish any DDA hereafter (other than an Exempt DDA) unless, contemporaneous with such establishment, the Lead Borrower delivers the following to the Administrative AgentLender: (i) A notification for Notification to the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(i(b)(ii)(A) if the subject DDA were open at on the execution date of this Agreement. (ii) A Collection Blocked Account Agreement executed on behalf of the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(ii(b)(ii)(B) if the subject DDA were open at on the execution date of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Alloy Inc)

Depository Accounts. (a) Annexed hereto as EXHIBIT 8.1 7.1 is a listing Schedule of all present DDA's, which listing includes, with respect to each depository of the Loan Parties, the following: (i) the name and address of that depository; (ii) the account number(s) of the account(s) maintained with such depository; and (iii) a contact person at such depository. (b) The Lead Borrower Borrowers shall each deliver the following to the Administrative Collateral Agent, as a condition to the effectiveness of this Agreement: (i) NotificationsNotification, executed on behalf of each Borrowerthe Borrowers, to each depository institution with which any DDA is maintained (other than any Exempt DDA and the Collection AccountsBlocked Account), in form satisfactory to the Administrative Collateral Agent of the Collateral Agent' 's interest in such DDA. Such Notifications shall be held in escrow DDA or, if requested by the Administrative Agent until the occurrence of a Cash Control Event at which time they may be delivered Collateral Agent, control agreements with respect to the applicable depositary institutionseach DDA. (ii) A Collection Blocked Account Agreement with any depository institution at which a Collection either of the following conditions applies: (A) Both any DDA (other than the Disbursement Account) and the Disbursement Account is maintained, including those listed on EXHIBIT 8.1. (B) A Blocked Account is maintained. (c) No Borrower The Borrowers will not establish any DDA hereafter (other than an Exempt DDA) unless, contemporaneous with such establishment, the Lead Borrower delivers the following to the Administrative Collateral Agent: (i) A notification for Notification to the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(i7.1(b)(i) if the subject DDA were open at the execution of this Agreement.; (ii) A Collection Blocked Account Agreement executed on behalf of the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(ii7.1(b)(ii) if the subject DDA were open at the execution of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Mazel Stores Inc)

Depository Accounts. (a) Annexed hereto as EXHIBIT 8.1 Exhibit 7.1 is a listing Schedule of all present DDA's’s, which listing Schedule includes, with respect to each depository of the Loan Parties, the following: (i) the name and address of that depository; (ii) the account number(s) of the account(s) maintained with such depository; and (iii) a contact person at such depository. (b) The Lead Borrower shall deliver the following to the Administrative AgentLender, as a condition to the effectiveness of this Agreement: (i) NotificationsNotification, executed on behalf of each the Borrower, to each depository institution with which any DDA is maintained (other than any Exempt DDA and the Collection AccountsBlocked Account), in form satisfactory to the Administrative Agent Lender of the Collateral Agent' Lender’s interest in such DDA. Such Notifications shall be held in escrow by the Administrative Agent until the occurrence of a Cash Control Event at which time they may be delivered to the applicable depositary institutions. (ii) A Collection Blocked Account Agreement with any depository institution at which a Collection either of the following conditions applies: (A) Both any DDA (other than the Operating Account) and the Operating Account is maintained, including those listed on EXHIBIT 8.1. (B) A Blocked Account is maintained. (c) No The Borrower will not establish any DDA hereafter (other than an Exempt DDA) unless, contemporaneous with such establishment, the Lead Borrower delivers the following to the Administrative AgentLender: (i) A notification for Notification to the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(i7.1(b)(ii)(A) if the subject DDA were open at the execution of this Agreement. (ii) A Collection Blocked Account Agreement executed on behalf of the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(ii7.1(b)(ii)(B) if the subject DDA were open at the execution of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Bakers Footwear Group Inc)

Depository Accounts. (a) Annexed hereto as EXHIBIT 8.1 7.1(A) is a listing of all present DDA'sDDAs, which listing includes, includes the following with respect to each depository of the Loan Parties, the followingdepository: (i) the name and address of that the depository; (ii) the account number(s) of the account(s) maintained with such depository; and (iii) a contact person at such depository. (b) The Lead Borrower shall deliver the following to the Administrative Agent, as a condition to the effectiveness of this Agreement: (i) NotificationsNotification, executed on behalf of each BorrowerLoan Party, to each depository institution with which any DDA is maintained (other than any Exempt DDA and the Collection Accountsany Blocked Account), in the form satisfactory to the Administrative Agent of EXHIBIT 7.1(B), annexed hereto, of the Collateral Agent' 's interest in such DDA. Such Notifications shall be held in escrow by the Administrative Agent until the occurrence of a Cash Control Event at which time they may be delivered to the applicable depositary institutions. (ii) A Collection Blocked Account Agreement with any depository institution at which a Collection either of the following conditions applies: (A) The Operating Account and another DDA is maintained. (B) A Blocked Account is maintained, including those listed on EXHIBIT 8.1. (c) No Borrower Loan Party will establish any DDA hereafter (other than an Exempt DDA) unless, contemporaneous with such establishment, the Lead Borrower delivers the following to the Administrative Agent: (i) A notification for Notification to the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(i7.1(b)(i) if the subject DDA were open at the execution of this Agreement. (ii) A Collection Blocked Account Agreement executed on behalf of the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(ii7.1(b)(ii)(B) if the subject DDA were open at the execution of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Odd Job Stores Inc)

Depository Accounts. (a) Annexed hereto as EXHIBIT 8.1 7.1 is a listing of all present DDA's, which listing includes, with respect to each depository of the Loan Parties, the following: (i) the name and address of that depository; (ii) the account number(s) of the account(s) maintained with such depository; and (iii) a contact person at such depository. (b) The Lead Borrower shall deliver the following to the Administrative Agent, as a condition to the effectiveness of this Agreement: (i) Notifications, executed on behalf of each Borrower, to each depository institution with which any DDA is maintained (other than any Exempt DDA and the Collection Accounts), in form satisfactory to the Administrative Agent of the Collateral AgentAgents' interest in such DDA. Such Notifications shall be held in escrow by the Administrative Agent until the occurrence of a Cash Control Event at which time they may be delivered to the applicable depositary institutions. (ii) A Collection Account Agreement with any depository institution at which a Collection Account is maintained, including those listed on EXHIBIT 8.17.1. (c) No Borrower will establish any DDA hereafter (other than an Exempt DDA) unless, contemporaneous with such establishment, the Lead Borrower delivers the following to the Administrative Agent: (i) A notification for the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(i7.1(b)(i) if the subject DDA were open at the execution of this Agreement. (ii) A Collection Account Agreement executed on behalf of the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(ii7.1(b)(ii) if the subject DDA were open at the execution of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Value City Department Stores Inc /Oh)

AutoNDA by SimpleDocs

Depository Accounts. (a) Annexed hereto as EXHIBIT 8.1 7.1 is a listing Schedule of all present DDA's's and Investment Accounts, which listing includes, with respect to each depository of the Loan Parties, the following: (i) the name and address of that depository; (ii) the account number(s) of the account(s) maintained with such depository; and (iii) a contact person at such depository. Borrower shall provide prompt written notice to the Agent of the opening or closing of any DDAs and Investment Accounts made by Borrower in accordance with the provisions of this Agreement and such notice shall serve to update EXHIBIT 7.1. (b) The Lead Borrower shall deliver the following to the Administrative AgentAgent with respect to each DDA, as a condition to if required by the effectiveness Agent (in respect of clause (b)(i) of this Agreement:Section, made after the occurrence and during the continuance of an Event of Default): (i) NotificationsNotification, executed on behalf of each the Borrower, to each depository institution with which any DDA is maintained (other than any Exempt DDA and the Collection AccountsBlocked Account), in form satisfactory to the Administrative Agent of the Collateral Agent' 's interest in such DDA. Such Notifications shall be held in escrow by the Administrative Agent until the occurrence of a Cash Control Event at which time they may be delivered to the applicable depositary institutions. (ii) A Collection Blocked Account Agreement with any depository institution at which a Collection either of the following conditions applies: (A) Both any DDA (other than the Operating Account) and the Operating Account is maintained, including those listed on EXHIBIT 8.1. (B) A Blocked Account is maintained. (c) No The Borrower will not establish any DDA hereafter (other than an Exempt DDA) unless, contemporaneous with such establishment, the Lead Borrower delivers delivers, if required by the Agent, the following to the Administrative Agent: (i) A With respect to DDAs that are not Blocked Accounts, the Operating Account, or Exempt DDA’s, notification for to the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(i7.1(b)(i) if the subject DDA were open at the execution of this Agreement.; (ii) A Collection With respect to DDAs that are Blocked Accounts, a Blocked Account Agreement executed on behalf of the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(ii7.1(b)(ii) if the subject DDA were open at the execution of this Agreement. (d) Notwithstanding anything contained herein to the contrary, the Borrower (i) shall deliver a Control Agreement to the Agent with respect to each Investment Account existing as of the date hereof within ninety (90) days of the Closing Date, except as to the Investment Account maintained as of the Closing Date with Bank of America or its Affiliates, which shall be delivered as of the Closing Date, and (ii) shall not establish any Investment Account hereafter unless, contemporaneous with such establishment, the Borrower delivers a Control Agreement to the Agent, executed by the institution at which such Investment Account is maintained.

Appears in 1 contract

Samples: Loan and Security Agreement (Wild Oats Markets Inc)

Depository Accounts. (a) Annexed hereto as EXHIBIT 8.1 7.1 is a listing Schedule of all present DDA's, which listing includes, with respect to each depository of the Loan Parties, the following: (i) the name and address of that depository; (ii) the account number(s) of the account(s) maintained with such depository; and (iii) a contact person at such depository. (b) The Lead Borrower shall deliver the following to the Administrative Collateral Agent, as a condition to the effectiveness of this Agreement: (i) NotificationsNotification, executed on behalf of each Borrowerthe Borrowers, to each depository institution with which any DDA is maintained (other than any Exempt DDA and the Collection AccountsBlocked Account), in form satisfactory to the Administrative Collateral Agent of the 101 109 Collateral Agent' 's interest in such DDA. Such Notifications shall be held in escrow DDA or, if requested by the Administrative Agent until the occurrence of a Cash Control Event at which time they may be delivered Collateral Agent, control agreements with respect to the applicable depositary institutionseach DDA. (ii) A Collection Blocked Account Agreement with any depository institution at which a Collection either of the following conditions applies: (A) Both any DDA (other than the Disbursement Account) and the Disbursement Account is maintained, including those listed on EXHIBIT 8.1. (B) A Blocked Account is maintained. (c) No Borrower The Borrowers will not establish any DDA hereafter (other than an Exempt DDA) unless, contemporaneous with such establishment, the Lead Borrower delivers the following to the Administrative Collateral Agent: (i) A notification for Notification to the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(i7.1(b)(i) if the subject DDA were open at the execution of this Agreement.; (ii) A Collection Blocked Account Agreement executed on behalf of the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(ii7.1(b)(ii) if the subject DDA were open at the execution of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Restoration Hardware Inc)

Depository Accounts. (a) Annexed hereto as EXHIBIT Exhibit 8.1 is a listing of all present DDA's’s, which listing includes, with respect to each depository of the Loan Parties, the following: (i) the name and address of that depository; (ii) the account number(s) of the account(s) maintained with such depository; and (iii) a contact person at such depository. (b) The Lead Borrower shall deliver the following to the Administrative Agent, as a condition to the effectiveness of this Agreement: (i) Notifications, executed on behalf of each the Borrower, to each depository institution with which any DDA is maintained (other than any Exempt DDA and the Collection Accounts), in form satisfactory to the Administrative Agent of the Collateral Agent' ’s interest in such DDA. Such Notifications shall be held in escrow by the Administrative Agent until the occurrence of a Cash Control Event at which time they may be delivered to the applicable depositary institutions. (ii) A Collection Account Agreement with any depository institution at which a Collection Account is maintained, including those listed on EXHIBIT Exhibit 8.1. (c) No Borrower will establish any DDA hereafter (other than an Exempt DDA) unless, contemporaneous with such establishment, the Lead Borrower delivers the following to the Administrative Agent: (i) A notification for the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(i) if the subject DDA were open at the execution of this Agreement. (ii) A Collection Account Agreement executed on behalf of the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(ii) if the subject DDA were open at the execution of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Retail Ventures Inc)

Depository Accounts. (a) Annexed hereto as EXHIBIT 8.1 is a listing of Schedule 7.1 lists all present DDA's, which listing 's as of the Closing Date and includes, with respect to each depository of the Loan Parties, the following: (i) the name and address of that depository; (ii) the account number(s) of the account(s) maintained with such depository; and (iii) a contact person (with telephone and facsimile number) at such depository. (b) The Lead Borrower shall deliver the following to the Administrative Agent, as a condition to the effectiveness of this Agreement: (i) NotificationsNotification, executed on behalf of each BorrowerCredit Party, to each depository institution with which any DDA is maintained (other than any Exempt DDA and the Collection Accountsany Blocked Account), in the form satisfactory of Exhibit G, with such changes as are acceptable to the Administrative Agent of the Collateral Agent' interest in such DDA. Such Notifications shall be held in escrow by the Administrative Agent until the occurrence of a Cash Control Event at which time they may be delivered to the applicable depositary institutions. (ii) A Collection Blocked Account Agreement with any depository institution at which a Collection Blocked Account is required to be maintained, including those listed on EXHIBIT 8.1.; (c) No Borrower Credit Party will establish any DDA hereafter (other than an Exempt DDA) unless, contemporaneous with such establishment, the Lead Borrower delivers the following to the Administrative Agent: (i) A notification for Notification to the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(i7.1(b)(i) if the subject DDA were open at the execution of this Agreement. (ii) A Collection Blocked Account Agreement executed on behalf of the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(ii7.1(b)(ii) if the subject DDA were open at the execution of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Shopko Stores Inc)

Depository Accounts. (a) Annexed hereto as EXHIBIT 8.1 8.1, as updated from time to time, is a listing Schedule of all present DDA's’s and Investment Accounts, which listing includes, with respect to each depository of the Loan Parties, the following: (i) the name and address of that depository; (ii) the account number(s) of the account(s) maintained with such depository; and (iii) a contact person at such depository. The Borrower shall provide prompt written notice to the Lender of the opening or closing of any DDAs and Investment Accounts made by any Obligor in accordance with the provisions of this Agreement and such notice shall be deemed to update EXHIBIT 8.1 as of the date of the opening or closing of such accounts. (b) The Lead Borrower Obligors shall deliver the following to the Administrative AgentLender with respect to each DDA, as a condition to if required by the effectiveness Lender (in respect of clause (b)(i) of this Agreement:Section, only after the occurrence and during the continuance of an Event of Default): (i) NotificationsNotification, executed on behalf of each Borrowerthe Obligors, to each depository institution with which any DDA is maintained (other than any Exempt DDA and the Collection Accountsor Blocked Account), in form satisfactory to the Administrative Agent Lender of the Collateral Agent' Lender’s interest in such DDA. Such Notifications shall be held in escrow by the Administrative Agent until the occurrence of a Cash Control Event at which time they may be delivered to the applicable depositary institutions. (ii) A Collection Blocked Account Agreement with any depository institution at which a Collection either of the following conditions applies: (A) Both any DDA (other than the Operating Account) and the Operating Account is maintained, including those listed on EXHIBIT 8.1. (B) A Blocked Account is maintained. (c) No Borrower The Obligors will not establish any DDA hereafter (other than an Exempt DDA) unless, contemporaneous with such establishment, the Lead Borrower delivers Obligors deliver, if required by the Lender, the following to the Administrative AgentLender: (i) A With respect to DDAs that are not Blocked Accounts, the Operating Account, or Exempt DDA’s, notification for to the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(i) if the subject DDA were open at the execution of this Agreement.; (ii) A Collection With respect to DDAs that are Blocked Accounts, a Blocked Account Agreement executed on behalf of the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(ii) if the subject DDA were open at the execution of this Agreement. (d) Notwithstanding anything contained herein to the contrary, the Obligors (i) shall deliver a Control Agreement to the Lender with respect to each Investment Account existing as of the date of this Agreement within ninety (90) days of the Closing Date, and (ii) shall not establish any Investment Account hereafter unless, contemporaneous with such establishment, the Obligors deliver a Control Agreement to the Lender, executed by the institution at which such Investment Account is maintained.

Appears in 1 contract

Samples: Loan and Security Agreement (Charlotte Russe Holding Inc)

Depository Accounts. (a) Annexed hereto as EXHIBIT SCHEDULE 8.1 is a listing of to the Closing Certificate lists all present DDA'sDDAs, which listing Schedule includes, with respect to each depository of the Loan Parties, the following: (i) the name and address ABA routing number of that depository; (ii) the account number(s) of the account(s) maintained with such depository; and (iii) a description of the type of account and (iv) whether such DDA is a Local Account, a Blocked Account or an Exempt DDA. The Borrower shall provide the Agent with the name of a contact person at such depository. (b) The Lead Borrower shall deliver the following to the Administrative Agent, as a condition to the effectiveness of this Agreement: (i) NotificationsNotification, executed on behalf of each the Borrower, to each depository institution with which any DDA is maintained (other than any Exempt DDA and the Collection Accountsany Blocked Account), in form satisfactory to the Administrative Agent of the Collateral Agent' ’s interest in such DDA. Such Notifications shall be held in escrow by the Administrative Agent until the occurrence of a Cash Control Event at which time they may be delivered to the applicable depositary institutions. (ii) A Collection Blocked Account Agreement with any depository institution at which a Collection either of the following conditions applies: (A) Both any DDA (other than the Operating Account) and the Operating Account is maintained, including those listed on EXHIBIT 8.1. (B) A Blocked Account is maintained. (c) No The Borrower will not establish any DDA hereafter (other than an Exempt DDA) unless, contemporaneous with such establishment, the Lead Borrower delivers the following to the Administrative Agent: (i) A notification for Notification to the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(i8.1(b)(ii)(A) if the subject DDA were open at the execution of this Agreement. (ii) A Collection Blocked Account Agreement executed on behalf of the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(ii8.1(b)(ii)(B) if the subject DDA were open at the execution of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Gander Mountain Co)

Depository Accounts. (a) Annexed hereto as EXHIBIT 8.1 7-1 is a listing Schedule of all present DDA's's as of the Closing Date, which listing Schedule includes, with respect to each depository of the Loan Parties, the following: (i) the name and address of that depository; (ii) the account number(s) of the account(s) maintained with such depository; and (iii) a contact person at such depository. (b) The Lead Borrower shall deliver the following to the Administrative Agent, as a condition to the effectiveness of this Agreement: (i) NotificationsNotification, executed on behalf of each Borrower, to each depository institution with which any DDA is maintained (other than any Exempt DDA and the Collection AccountsBlocked Account), in form satisfactory to the Administrative Agent of the Collateral Administrative Agent' 's interest in such DDA. Such Notifications shall be held in escrow by the Administrative Agent until the occurrence of a Cash Control Event at which time they may be delivered to the applicable depositary institutions. (ii) A Collection Blocked Account Agreement with any depository institution at which a Collection either of the following conditions applies: (A) Both any DDA (other than the Operating Account) and the Operating Account is maintained, including those listed on EXHIBIT 8.1. (B) A Blocked Account is maintained. (c) No Borrower will establish any DDA hereafter (other than an Exempt DDA) unless, contemporaneous with such establishment, the Lead Borrower delivers the following to the Administrative Agent: (i) A notification for Notification to the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(i7-l(b)(ii)(A) if the subject DDA were open at the execution of this Agreement. (ii) A Collection Blocked Account Agreement executed on behalf of the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(ii7-l(b)(ii)(B) if the subject DDA were open at the execution of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Officemax Inc /Oh/)

Depository Accounts. (a) Annexed hereto as EXHIBIT 8.1 7.1 is a listing Schedule of all present DDA's’s and Investment Accounts, which listing includes, with respect to each depository of the Loan Parties, the following: (i) the name and address of that depository; (ii) the account number(s) of the account(s) maintained with such depository; and (iii) a contact person at such depository. (b) The Lead Borrower shall deliver the following to the Administrative Agent, as a condition Agent with respect to the effectiveness of this Agreementeach DDA: (i) NotificationsNotification, executed on behalf of each the Borrower, to each depository institution with which any DDA is maintained (other than any Exempt DDA and the Collection AccountsBlocked Account or any other DDA which is covered by a Blocked Account), in form satisfactory to the Administrative Agent of the Collateral Agent' ’s interest in such DDA. Such Notifications shall be held in escrow by the Administrative Agent until the occurrence of a Cash Control Event at which time they may be delivered to the applicable depositary institutions. (ii) A Collection Blocked Account Agreement with any depository institution at which a Collection either of the following conditions applies: (A) Both any DDA (other than the Operating Account) and the Operating Account is maintained. (B) A Blocked Account is maintained. (C) Upon the request of the Agent, including those listed on EXHIBIT 8.1the Operating Account is maintained. (c) No The Borrower will not establish any DDA hereafter (other than an Exempt DDA) unless, contemporaneous with such establishment, the Lead Borrower delivers the following to the Administrative Agent: (i) A With respect to DDAs that are not Blocked Accounts, the Operating Account, Disbursement Account or Exempt DDA’s, notification for to the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(i7.1(b)(i) if the subject DDA were open at the execution of this Agreement.; (ii) A Collection With respect to DDAs that are Blocked Accounts, a Blocked Account Agreement executed on behalf of the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(ii7.1(b)(ii) if the subject DDA were open at the execution of this Agreement. (d) Notwithstanding anything contained herein to the contrary, the Borrower (i) shall deliver a Control Agreement to the Agent with respect to each Investment Account, and (ii) shall not establish any Investment Account hereafter unless, contemporaneous with such establishment, the Borrower delivers a Control Agreement to the Agent, executed by the institution at which such Investment Account is maintained.

Appears in 1 contract

Samples: Loan and Security Agreement (RoomStore, Inc.)

Depository Accounts. (a) Annexed hereto as EXHIBIT 8.1 7.1 is a listing Schedule of all present DDA's, which listing includes, with respect to each depository of the Loan Parties, the following: (i) the name and address of that depository; (ii) the account number(s) of the account(s) maintained with such depository; and (iii) a contact person at such depository. (b) The On or before the Closing Date, the Lead Borrower shall deliver the following to the Administrative Agent, as a condition to the effectiveness of this Agreement: (i) NotificationsNotification, executed on behalf of each Borrowerthe Borrowers, to each depository institution with which any DDA is maintained (other than any Exempt DDA and the Collection AccountsBlocked Account), in form satisfactory to the Administrative Agent of the Collateral Agent' 's interest in such DDA. Such Notifications , which DDA notifications Lender shall be held in escrow by the Administrative Agent not release to such depository institutions until the occurrence of a Cash Control Event at which time they may be delivered to the applicable depositary institutionsManagement Activation Event. (ii) A Collection An executed Blocked Account Agreement with any depository institution at which a Collection either of the following conditions applies: (A) Both any DDA (other than Exempt DDAs) and the Operating Account is maintained, including those listed on EXHIBIT 8.1. (B) A Blocked Account is maintained. (c) No Borrower The Borrowers will not establish any DDA hereafter (other than an Exempt DDA) unless, contemporaneous with such establishment, the Lead Borrower delivers the following to the Administrative Agent: (i) A notification for Notification to the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(i7.1(b)(i) if the subject DDA were open at the execution of this Agreement., which notifications Lender shall not release to such depository until pending the occurrence of a Cash Management Activation Event; (ii) A Collection Blocked Account Agreement executed on behalf of the depository at which such DDA is established if the same would have been required pursuant to Section 8.1(b)(ii7.1(b)(ii) if the subject DDA were open at the execution of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Duckwall Alco Stores Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!