Establishment and Maintenance of Accounts Sample Clauses

Establishment and Maintenance of Accounts. The Company hereby appoints Citibank, N.A. as Securities Intermediary and has directed and the Securities Intermediary hereby acknowledges that it has established (1) an account designated as the "Custodial Account", (2) an account designated as the "Collection Account", (3) an account designated as the "MV Cure Account", (4) an account designated as the "Expense Reserve Account", (5) an account designated as the "Unfunded Exposure Account", (6) the CAD Collection Account, (7) the CAD Unfunded Exposure Account, (8) the EUR Collection Account, (9) the EUR Unfunded Exposure Account, (10) the GBP Collection Account and (11) the GBP Unfunded Exposure Account (each such account set forth in clauses (1) through (11) above and any successor accounts established in connection with the resignation or removal of the Securities Intermediary, the "Accounts"), and the account numbers for the Accounts are set forth on the Transaction Schedule. Promptly upon establishment of each such Permitted EUR Account, the Securities Intermediary shall provide a written notice to each of the Company, the Portfolio Manager, the Collateral Agent, the Collateral Administrator and the Administrative Agent setting forth the account name and account number of such account (such notice, the "EUR Account Opening Notice"). Promptly upon establishment of each such Permitted GBP Account, the Securities Intermediary shall provide a written notice to each of the Company, the Portfolio Manager, the Collateral Agent, the Collateral Administrator and the Administrative Agent setting forth the account name and account number of such account (such notice, the "GBP Account Opening Notice"). The Securities Intermediary agrees to maintain each of the Accounts as a securities intermediary in the name of the Company subject to the lien of the Collateral Agent under this Agreement and (y) agrees not to change the name or account number of any Account without the prior consent of the Collateral Agent. The Securities Intermediary hereby certifies that it is a bank or trust company that in the ordinary course of business maintains securities accounts for others and in that capacity has established the Accounts in the name of the Company. The parties hereto acknowledge and agree (i) that the Securities Intermediary (acting through its London Branch) will hold the funds held by it in the CAD Collection Account, the CAD Unfunded Exposure Account, EUR Collection Account, the EUR Unfunded Exposure Account, GBP Col...
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Establishment and Maintenance of Accounts. The Company hereby appoints State Street Bank and Trust Company (i) as Securities Intermediary to establish, and the Securities Intermediary does hereby establish, each of the securities accounts identified on the Transaction Schedule (such accounts and any successor accounts, the “Securities Accounts”), each to be maintained by the Securities Intermediary, as a “securities intermediary” (within the meaning of Section 8-102(a)(14) of the UCC), in the name of the Company subject to the lien of the Collateral Agent under this Agreement, and (ii) as Bank to establish, and the Bank does hereby establish, each of the deposit accounts identified on the Transaction Schedule (such accounts and any successor accounts, the “Deposit Accounts” and, together with the Securities Accounts, the “Accounts”), each to be maintained by the Bank, as a “bank” (within the meaning of Section 9-102(a)(8) of the UCC), in the name of the Company subject to the lien of the Collateral Agent under this Agreement.
Establishment and Maintenance of Accounts. The Company has directed and the Securities Intermediary hereby acknowledges that it has established (1) an account designated as the “Custodial Account”; (2) an account designated as the “CE Cure Account”; (3) an account designated as the “Interest Collection Account” and (4) an account designated as the “Principal Collection Account” (the Custodial Account, CE Cure Account, Interest Collection Account and Principal Collection Account, each, an “Account” and, collectively, the “Accounts”), and the account numbers for the Accounts are set forth on the Transaction Schedule. The Securities Intermediary agrees to maintain each of the Accounts as a securities intermediary in the name of the Company subject to the lien of the Collateral Agent under this Agreement, and agrees not to change the name or account number of any Account without the prior consent of the Collateral Agent. The Securities Intermediary hereby certifies that it is a bank or trust company that in the ordinary course of business maintains securities accounts for others and in that capacity has established the Accounts in the name of the Company. Nothing herein shall require the Securities Intermediary to credit to any Account or to treat as a financial asset (within the meaning of Section 8-102(a)(9) of the UCC) any asset in the nature of a general intangible (as defined in Section 9-102(a)(42) of the UCC) or to “maintain” a sufficient quantity thereof (within the meaning of Section 8-504 of the UCC). Notwithstanding any term hereof or elsewhere to the contrary, it is hereby expressly acknowledged that (a) interests in loans may be acquired and delivered by the Company to the Securities Intermediary or the Collateral Agent from time to time that are not evidenced by, or accompanied by delivery of, a security (as that term is defined in UCC Section 8-102) or an instrument (as that term is defined in Section 9-102(a)(47) of the UCC), and may be evidenced solely by delivery to the Collateral Agent of a facsimile copy of a loan agreement, participation agreement or an assignment agreement (“Loan/Assignment Agreement”) in favor of the Company, (b) any such Loan/Assignment Agreement (and the registration of the related loan on the books and records of the applicable obligor or bank agent) shall be registered in the name of the Company and (c) any duty on the part of the Securities Intermediary or Collateral Agent with respect to such loan (including in respect of any duty it might otherwise have to...
Establishment and Maintenance of Accounts. The Company hereby appoints U.S. Bank National Association as Securities Intermediary and has directed and the Securities Intermediary hereby acknowledges that it has established (1) an account designated as the "Custodial Account", (2) an account designated as the "Collection Account", (3) an account designated as the "MV Cure Account" and (4) an account designated as the "Unfunded Exposure Account" (the Unfunded Exposure Account, together with the Collection Account, the Custodial Account, the MV Cure Account and any successor accounts established in connection with the resignation or removal of the Securities Intermediary, the "Accounts"), and the account numbers for the Accounts are set forth on the Transaction Schedule. The Securities Intermediary agrees to maintain each of the Accounts as a securities intermediary in the name of the Company subject to the lien of the Collateral Agent under this Agreement and (y) agrees not to change the name or account number of any Account without the prior consent of the Collateral Agent. The Securities Intermediary hereby certifies that it is a bank or trust company that in the ordinary course of business maintains securities accounts for others and in that capacity has established the Accounts in the name of the Company. For administrative purposes the Securities Intermediary may establish a subaccount of the Collection Account for the purpose of holding Interest Proceeds and a subaccount of the Collection Account for the purpose of holding Principal Proceeds.
Establishment and Maintenance of Accounts. An Account shall be established and maintained for each Participant under the Plan and the Plan Administrator shall establish reasonable and nondiscretionary procedures under which (a) any Forfeitures, insurance premium payments, loans, withdrawals, distributions and other charges properly allocable to such Account shall be debited from such Account and (b) any insurance contract dividends, insurance contract surrender proceeds, loan repayments and other amounts properly allocable to such Account (other than amounts described in section 6.2 and section 6.3) shall be credited to such Account.
Establishment and Maintenance of Accounts. (1) The Custodian shall establish and, at all times during the term of this Agreement, maintain separate accounts in the United States initially identified as (i) “CPFF Investment Account fbo FRBNY, Secured Partyaccount no. FPX1 (the “Investment Account”) and (ii) “CPFF Clearing Account fbo FRBNY, Secured Party” account no. FPX2 (the “Clearing Account” and, together with the Investment Account, the “Accounts”). Each Account shall be comprised of a “securities account” and a “deposit account” within the meaning given such terms in the NYUCC. The operation of such Accounts shall be governed by the terms of this Section 2. (2) Each of the Accounts may be further sub-divided into sub-accounts (which sub-accounts may be administered by the Custodian on its books and records as sub- accounts of the relevant Account, or as separately accounts properly identified). (3) Funds on deposit and securities or other assets held in the Accounts shall be invested, applied or distributed in the manner set forth in this Section 2.
Establishment and Maintenance of Accounts. All Gross Revenues in the Utility Fund shall be set aside by the District to pay Operation and Maintenance Costs and for transfer by the District to the Trustee for deposit in the Bond Fund, or transfer to a trustee or fiscal agent with respect to Parity Obligations, as the case may be, and shall be applied as follows and in the following order of priority:
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Establishment and Maintenance of Accounts. 9.1.1 On or prior to the Closing Date, Borrower shall establish with the Hotel Bank an account (the “Rent Account”) for the collection of Rents paid by credit card. As a condition to Closing, Borrower shall cause the Hotel Bank to execute and deliver an agreement which provides, inter alia, that for purposes of perfecting its first priority security interest, Lender shall have sole control and dominion over the Rent Account and that until otherwise directed by Lender (which direction shall be given by Lender only following an Event of Default), all funds deposited into the Rent Account will be transferred each Business Day to an account with the Hotel Bank maintained by Borrower (the “Borrower Hotel Account”). The fees and expenses of the Hotel Bank shall be paid by Borrower. In the event the Hotel Bank can no longer maintain the Borrower Hotel Account as an Eligible Account, Lender shall have the right to cause the Borrower Hotel Account to be moved to a depositary institution, reasonably acceptable to Lender, that can maintain same as an Eligible Account. In addition, on the Closing Date Borrower shall send to all issuers of credit cards accepted at the Property a direction to remit all net sums payable to Borrower or with respect to the Property to the Rent Account, which direction shall be irrevocable absent consent of Lender. If after the Closing Date, Borrower elects to accept any additional credit card, Borrower shall send a similar letter to the issuer of any such new credit card. If for any reason Borrower collects any Rents from any credit card company, (i) such amounts shall be deemed to be collateral for the Debt and shall be held in trust for the benefit of, and as the property of, Lender and (ii) Borrower shall deposit any such funds in the Rent Account within one (1) Business Day of receipt. Amounts that are swept from the Rent Account into the Borrower Hotel Account (other than Excess Cash Flow) during each calendar month shall be used to pay for (i) operating expenses for the Property actually paid or accrued in such calendar month pursuant to the Annual Budget with any required contingencies and variances to the line items set forth in the approved Annual Budget for such calendar month (but not in excess of 5% in the aggregate of the amount set forth in the Annual Budget for such calendar month), or as otherwise approved by Lender in its reasonable discretion, (ii) in addition to those operating expenses described in subdivision (i) above...
Establishment and Maintenance of Accounts. (1) The Custodian shall establish and, at all times during the term of this Agreement, maintain separate accounts in the United States initially identified as (i) “CPFF II Investment Account fbo FRBNY, Secured Partyaccount no. (the “Investment Account”) and (ii) “CPFF II Clearing Account fbo FRBNY, Secured Party” account no. (the “Clearing Account”; and the Clearing Account and the Investment Account together the “Accounts”). Each Account shall be comprised of a “securities account” within the meaning given such terms in the NYUCC and within the meaning of the Hague Securities Convention and a “deposit account” within the meaning given such term in the NYUCC. The operation of such Accounts shall be governed by the terms of this Section 2. As used in this Agreement, the “Hague Securities Convention” means the (2) Each of the Accounts may be further sub-divided into sub-accounts (which sub-accounts may be administered by the Custodian on its books and records as sub- accounts of the relevant Account). (3) Funds on deposit and securities or other assets held in the Accounts shall be invested, applied or distributed in the manner set forth in this Section 2. (4) The Custodian is a bank or trust company that has an office in the United States which is not intended to be merely temporary and meets the description set forth in the second sentence of Article 4 (1) of the Hague Securities Convention. The Custodian, in the ordinary course of business maintains securities accounts for others and in that capacity has established the Accounts.
Establishment and Maintenance of Accounts. The Securities Intermediary hereby acknowledges that it has established (1) an account designated as the “Custodial Account”; (2) an account designated as the “MV Cure Account” and (3) an account designated as the “Collection Account” (each, an “Account” and, collectively, the “Accounts”), and the account numbers for the Accounts are set forth on the Transaction Schedule. The Securities Intermediary agrees to maintain each of the Accounts as a securities intermediary in the name of the Company subject to the lien of the Collateral Agent under this Agreement, and agrees not to change the name or account number of any Account without the prior consent of the Collateral Agent. The Securities Intermediary hereby certifies that it is a bank or trust company that in the ordinary course of business maintains securities accounts for others and in that capacity has established the Accounts in the name of the Company.
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