Common use of Establishment of Account Clause in Contracts

Establishment of Account. The Securities Intermediary confirms that: (i) the Securities Intermediary has established account number [identify account number] in the name of “[name of Lien Grantor]” (such account and any successor account, the “Account”), (ii) the Account is a “securities account” as defined in Section 8-501 of the UCC, (iii) the Securities Intermediary is acting as a “securities intermediary” (as defined in Section 8-102 of the UCC) in respect of the Account, (iv) the Securities Intermediary shall, subject to the terms of this Agreement, treat the Lien Grantor as entitled to exercise the rights that comprise all financial assets from time to time credited to the Account, (v) all property delivered to the Securities Intermediary by or on behalf of the Lien Grantor will be promptly credited to the Account, and (vi) all financial assets (except cash) credited to the Account will be registered in the name of the Securities Intermediary, indorsed to the Securities Intermediary or in blank or credited to another securities account maintained in the name of the Securities Intermediary and in no case will any financial asset credited to the Account be registered in the name of the Lien Grantor, payable to the order of the Lien Grantor or specially indorsed to the Lien Grantor unless such financial asset has been further indorsed to the Securities Intermediary or in blank.

Establishment of Account. The Securities Intermediary confirms that: (i) the Securities Intermediary has established account number [identify account number] in the name of “[name of Lien Grantor]” (such account and any successor account, the “Account”), (ii) the Account is a “securities account” as defined in Section 8-501 of the UCC, (iii) the Securities Intermediary is acting as a “securities intermediary” (as defined in Section 8-102 of the UCC) in respect of the Account, (iv) the Securities Intermediary shall, subject to the terms of this Agreement, treat the Lien Grantor as entitled to exercise the rights that comprise all financial assets from time to time credited to the Account, (v) all property delivered to the Securities Intermediary by or on behalf of the Lien Grantor will be promptly credited to the Account, and (vi) all financial assets (except cash) credited to the Account will be registered in the name of the Securities Intermediary, indorsed to the Securities Intermediary or in blank or credited to another securities account maintained in the name of the Securities Intermediary and in no case will any financial asset credited to the Account be registered in the name of the Lien Grantor, payable to the order of the Lien Grantor or specially indorsed to the Lien Grantor unless such financial asset has been further indorsed to the Securities Intermediary or in blank.

Establishment of Account. The Securities Intermediary confirms that: (i) the Securities Intermediary has established account number [identify account number] in the name of “[name of Lien Grantor]” (such account and any successor account, the “Account”),; (ii) the Account is a “securities account” as defined in Section 8-501 of the UCC,; (iii) the Securities Intermediary is acting as a “securities intermediary” (as defined in Section 8-102 of the UCC) in respect of the Account,; (iv) the Securities Intermediary shall, subject to the terms of this Agreement, treat the Lien Grantor as entitled to exercise the rights that comprise all financial assets from time to time credited to the Account,; (v) all property delivered to the Securities Intermediary by or on behalf of the Lien Grantor will be promptly credited to the Account, ; and (vi) all financial assets (except cash) credited to the Account will be registered in the name of the Securities Intermediary, indorsed to the Securities Intermediary or in blank or credited to another securities account maintained in the name of the Securities Intermediary and in no case will any financial asset credited to the Account be registered in the name of the Lien Grantor, payable to the order of the Lien Grantor or specially indorsed to the Lien Grantor unless such financial asset has been further indorsed to the Securities Intermediary or in blank.

Establishment of Account. The Securities Intermediary confirms that: (i) the Securities Intermediary has established the account number [identify account number] numbers listed on the attached Appendix A (which Appendix may be amended in writing by the parties from time to time) in the name of “[name of Lien Grantor]” "Morgan Stanley Spectrum Technical L.P." (such account and any successor accountsuccexxxx xcxxxxx, the “"Account”"), (ii) the Account is a “"securities account” " as defined in Section 8-501 of the UCC, (iii) the Securities Intermediary is acting as a “"securities intermediary” " (as defined in Section 8-102 of the UCC) in respect of the Account, (iv) the Securities Intermediary shall, subject to the terms of this Agreement, treat the Lien Grantor as entitled to exercise the rights that comprise all financial assets from time to time credited to the Account, (v) all property delivered to the Securities Intermediary by or on behalf of the Lien Grantor for credit to the Account will be promptly credited to the Account, and (vi) all financial assets (except cash) credited to the Account will be registered in the name of the Securities Intermediary, indorsed to the Securities Intermediary or in blank or credited to another securities account maintained in the name of the Securities Intermediary and in no case will any financial asset credited to the Account be registered in the name of the Lien Grantor, payable to the order of the Lien Grantor or specially indorsed to the Lien Grantor unless such financial asset has been further indorsed to the Securities Intermediary or in blank.

Establishment of Account. The Securities Intermediary confirms that: (i) the Securities Intermediary has established account number [identify account number] in the name of “"[name of Lien Grantor]” " (such account and any successor account, the “Account”"ACCOUNT"),; (ii) the Account is a “"securities account” " as defined in Section 8-501 of the UCC,; (iii) the Securities Intermediary is acting as a “"securities intermediary” " (as defined in Section 8-102 of the UCC) in respect of the Account,; (iv) the Securities Intermediary shall, subject to the terms of this Agreement, treat the Lien Grantor as entitled to exercise the rights that comprise all financial assets from time to time credited to the Account,; (v) all property delivered to the Securities Intermediary by or on behalf of the Lien Grantor will be promptly credited to the Account, ; and (vi) all financial assets (except cash) credited to the Account will be registered in the name of the Securities Intermediary, indorsed to the Securities Intermediary or in blank or credited to another securities account maintained in the name of the Securities Intermediary and in no case will any financial asset credited to the Account be registered in the name of the Lien Grantor, payable to the order of the Lien Grantor or specially indorsed to the Lien Grantor unless such financial asset has been further indorsed to the Securities Intermediary or in blank.

Establishment of Account. The Securities Intermediary confirms that: (i) the Securities Intermediary has established the account number [identify account number] numbers listed on the attached Appendix A (which Appendix may be amended in writing by the parties from time to time) in the name of “[name of Lien Grantor]” "Morgan Stanley Dean Witter Spectrum Technical L.P." (such account and any successor accountaccoxxx xxd xxx xxxxxxxxx xxxxunt, the “Account”"ACCOUNT"), (ii) the Account is a “"securities account” " as defined in Section 8-501 of the UCC, (iii) the Securities Intermediary is acting as a “"securities intermediary” " (as defined in Section 8-102 of the UCC) in respect of the Account, (iv) the Securities Intermediary shall, subject to the terms of this Agreement, treat the Lien Grantor as entitled to exercise the rights that comprise all financial assets from time to time credited to the Account, (v) all property delivered to the Securities Intermediary by or on behalf of the Lien Grantor for credit to the Account will be promptly credited to the Account, and (vi) all financial assets (except cash) credited to the Account will be registered in the name of the Securities Intermediary, indorsed to the Securities Intermediary or in blank or credited to another securities account maintained in the name of the Securities Intermediary and in no case will any financial asset credited to the Account be registered in the name of the Lien Grantor, payable to the order of the Lien Grantor or specially indorsed to the Lien Grantor unless such financial asset has been further indorsed to the Securities Intermediary or in blank.

Establishment of Account. The Securities Intermediary confirms that: (i) the Securities Intermediary has established the account number [identify account number] numbers listed on the attached Appendix A (which Appendix may be amended in writing by the parties from time to time) in the name of “[name of Lien Grantor]” "Morgan Stanley Charter Campbell L.P." (such account and any successor accountaccouxx xxx xxx xxxcessor acxxxxx, the “Account”xxx "XCCOUNT"), (ii) the Account is a “"securities account” " as defined in Section 8-501 of the UCC, (iii) the Securities Intermediary is acting as a “"securities intermediary” " (as defined in Section 8-102 of the UCC) in respect of the Account, (iv) the Securities Intermediary shall, subject to the terms of this Agreement, treat the Lien Grantor as entitled to exercise the rights that comprise all financial assets from time to time credited to the Account, (v) all property delivered to the Securities Intermediary by or on behalf of the Lien Grantor for credit to the Account will be promptly credited to the Account, and (vi) all financial assets (except cash) credited to the Account will be registered in the name of the Securities Intermediary, indorsed to the Securities Intermediary or in blank or credited to another securities account maintained in the name of the Securities Intermediary and in no case will any financial asset credited to the Account be registered in the name of the Lien Grantor, payable to the order of the Lien Grantor or specially indorsed to the Lien Grantor unless such financial asset has been further indorsed to the Securities Intermediary or in blank.

Establishment of Account. The Securities Intermediary confirms that: (i) the Securities Intermediary has established the account number [identify account number] numbers listed on the attached Appendix A (which Appendix may be amended in writing by the parties from time to time) in the name of “[name of Lien Grantor]” "Morgan Stanley Dean Witter Spectrum Currency L.P." (such account and any successor accountaccoxxx xxd xxx xxxxxxxxx xxxxunt, the “Account”"ACCOUNT"), (ii) the Account is a “"securities account” " as defined in Section 8-501 of the UCC, (iii) the Securities Intermediary is acting as a “"securities intermediary” " (as defined in Section 8-102 of the UCC) in respect of the Account, (iv) the Securities Intermediary shall, subject to the terms of this Agreement, treat the Lien Grantor as entitled to exercise the rights that comprise all financial assets from time to time credited to the Account, (v) all property delivered to the Securities Intermediary by or on behalf of the Lien Grantor for credit to the Account will be promptly credited to the Account, and (vi) all financial assets (except cash) credited to the Account will be registered in the name of the Securities Intermediary, indorsed to the Securities Intermediary or in blank or credited to another securities account maintained in the name of the Securities Intermediary and in no case will any financial asset credited to the Account be registered in the name of the Lien Grantor, payable to the order of the Lien Grantor or specially indorsed to the Lien Grantor unless such financial asset has been further indorsed to the Securities Intermediary or in blank.

Establishment of Account. The Securities Intermediary confirms that: (ia) the Securities Intermediary has established the account number [identify account number] numbers listed on the attached Appendix A (which Appendix may be amended in writing by the parties from time to time) in the name of “[name of Lien Grantor]” "DWFCM International Access Fund L.P." (such account and any successor account, the “Account”"ACCOUNT"), (iib) the Account is a “"securities account” " as defined in Section 8-501 of the UCC, (iiic) the Securities Intermediary is acting as a “"securities intermediary” " (as defined in Section 8-102 of the UCC) in respect of the Account, (ivd) the Securities Intermediary shall, subject to the terms of this Agreement, treat the Lien Grantor as entitled to exercise the rights that comprise all financial assets from time to time credited to the Account, (ve) all property delivered to the Securities Intermediary by or on behalf of the Lien Grantor for credit to the Account will be promptly credited to the Account, and (vif) all financial assets (except cash) credited to the Account will be registered in the name of the Securities Intermediary, indorsed to the Securities Intermediary or in blank or credited to another securities account maintained in the name of the Securities Intermediary and in no case will any financial asset credited to the Account be registered in the name of the Lien Grantor, payable to the order of the Lien Grantor or specially indorsed to the Lien Grantor unless such financial asset has been further indorsed to the Securities Intermediary or in blank.

Establishment of Account. The Securities Intermediary confirms that: (i) the Securities Intermediary has established the account number [identify account number] numbers listed on the attached Appendix A (which Appendix may be amended in writing by the parties from time to time) in the name of “[name of Lien Grantor]” "Morgan Stanley Dean Witter Spectrum Commodity L.P." (such account and any successor xxx xxx xxxxxxxxr account, the “Account”"ACCOUNT"), (ii) the Account is a “"securities account” " as defined in Section 8-501 of the UCC, (iii) the Securities Intermediary is acting as a “"securities intermediary” " (as defined in Section 8-102 of the UCC) in respect of the Account, (iv) the Securities Intermediary shall, subject to the terms of this Agreement, treat the Lien Grantor as entitled to exercise the rights that comprise all financial assets from time to time credited to the Account, (v) all property delivered to the Securities Intermediary by or on behalf of the Lien Grantor for credit to the Account will be promptly credited to the Account, and (vi) all financial assets (except cash) credited to the Account will be registered in the name of the Securities Intermediary, indorsed to the Securities Intermediary or in blank or credited to another securities account maintained in the name of the Securities Intermediary and in no case will any financial asset credited to the Account be registered in the name of the Lien Grantor, payable to the order of the Lien Grantor or specially indorsed to the Lien Grantor unless such financial asset has been further indorsed to the Securities Intermediary or in blank.

Establishment of Account. (a) The Securities Intermediary confirms that: (i) Company hereby directs the Securities Intermediary has established Custodian to establish and the Custodian hereby will establish, an account with the name “Crescent Mortgage Services Cash Collateral Account” and account number [identify account number] in the name of “[name of Lien Grantor]” 203-00500 (such account and any successor account, the “Cash Collateral Account”), (ii) , identified as held in trust for the Account is a “securities account” as defined in Section 8-501 benefit of the UCC, (iii) the Securities Intermediary is acting Company, as a “securities intermediaryentitlement holder” (as defined in Section 8-102 102(a)(7) of the UCC) and “customer” (as defined in respect Section 4-104(1)(e) of the Account, (iv) the Securities Intermediary shallUCC), subject to the terms security interest of this AgreementUBSRES and to be held as a segregated account by the Custodian, treat as custodian and as securities intermediary; (b) The Custodian hereby confirms and agrees that: (i) it shall not change the Lien Grantor as entitled to exercise name or account number of the rights that comprise Cash Collateral Account without the prior written consent of UBSRES; (ii) all securities or other property underlying any financial assets from time to time credited to the Account, (v) all property delivered to the Securities Intermediary by or on behalf of the Lien Grantor will be promptly credited to the AccountCash Collateral Account shall, and (vi) all financial assets (except cash) credited to the Account will as applicable, be registered in the name of the Securities IntermediaryCustodian, indorsed endorsed to the Securities Intermediary Custodian or endorsed in blank or credited to another securities account maintained in the name of the Securities Intermediary and in no case will any financial asset credited to the Cash Collateral Account be registered in the name of the Lien GrantorCompany, payable to the order of the Lien Grantor Company or specially indorsed endorsed to the Lien Grantor unless such financial asset has been further indorsed Company, except to the Securities Intermediary extent that the foregoing have been specially endorsed to the Custodian or in blank; and (iii) the Cash Collateral Account is an account to which financial assets and funds are or may be credited.

Establishment of Account. The Securities Intermediary confirms that:: ---------- /1/ See Section 4 below and the footnote thereto. (i) the Securities Intermediary has established account number [identify account number] in the name of “"[name of Lien Grantor]” " (such account and any successor account, the “"Account”"), (ii) the Account is a “"securities account” " as defined in Section 8-501 of the UCC, (iii) the Securities Intermediary is acting as a “"securities intermediary” " (as defined in Section 8-102 of the UCC) in respect of the Account, (iv) the Securities Intermediary shall, subject to the terms of this Agreement, treat the Lien Grantor as entitled to exercise the rights that comprise all financial assets from time to time credited to the Account, (v) all property delivered to the Securities Intermediary by or on behalf of the Lien Grantor will be promptly credited to the Account, and (vi) all financial assets (except cash) credited to the Account will be registered in the name of the Securities Intermediary, indorsed to the Securities Intermediary or in blank or credited to another securities account maintained in the name of the Securities Intermediary and in no case will any financial asset credited to the Account be registered in the name of the Lien Grantor, payable to the order of the Lien Grantor or specially indorsed to the Lien Grantor unless such financial asset has been further indorsed to the Securities Intermediary or in blank.

Establishment of Account. The Securities Intermediary confirms that: (i) the Securities Intermediary has established the account number [identify account number] numbers listed on the attached Appendix A (which Appendix may be amended in writing by the parties from time to time) in the name of “[name of Lien Grantor]” "Morgan Stanley Dean Witter Spectrum Global Balanced L.P." (such account and any xxxxxxx xxx xxx successor account, the “"Account”"), (ii) the Account is a “"securities account” " as defined in Section 8-501 of the UCC, (iii) the Securities Intermediary is acting as a “"securities intermediary” " (as defined in Section 8-102 of the UCC) in respect of the Account, (iv) the Securities Intermediary shall, subject to the terms of this Agreement, treat the Lien Grantor as entitled to exercise the rights that comprise all financial assets from time to time credited to the Account, (v) all property delivered to the Securities Intermediary by or on behalf of the Lien Grantor for credit to the Account will be promptly credited to the Account, and (vi) all financial assets (except cash) credited to the Account will be registered in the name of the Securities Intermediary, indorsed to the Securities Intermediary or in blank or credited to another securities account maintained in the name of the Securities Intermediary and in no case will any financial asset credited to the Account be registered in the name of the Lien Grantor, payable to the order of the Lien Grantor or specially indorsed to the Lien Grantor unless such financial asset has been further indorsed to the Securities Intermediary or in blank.

Establishment of Account. The Securities Intermediary confirms that: (i) the Securities Intermediary has established the account number [identify account number] numbers listed on the attached Appendix A (which Appendix may be amended in writing by the parties from time to time) in the name of “[name of Lien Grantor]” "Morgan Stanley Dean Witter Spectrum Select L.P." (such account and any successor accountxxx xxxxxxxxx xxxount, the “"Account”"), (ii) the Account is a “"securities account” " as defined in Section 8-501 of the UCC, (iii) the Securities Intermediary is acting as a “"securities intermediary” " (as defined in Section 8-102 of the UCC) in respect of the Account, (iv) the Securities Intermediary shall, subject to the terms of this Agreement, treat the Lien Grantor as entitled to exercise the rights that comprise all financial assets from time to time credited to the Account, (v) all property delivered to the Securities Intermediary by or on behalf of the Lien Grantor for credit to the Account will be promptly credited to the Account, and (vi) all financial assets (except cash) credited to the Account will be registered in the name of the Securities Intermediary, indorsed to the Securities Intermediary or in blank or credited to another securities account maintained in the name of the Securities Intermediary and in no case will any financial asset credited to the Account be registered in the name of the Lien Grantor, payable to the order of the Lien Grantor or specially indorsed to the Lien Grantor unless such financial asset has been further indorsed to the Securities Intermediary or in blank.

Establishment of Account. The Securities Intermediary confirms that: (i) the Securities Intermediary has established account number [identify account number] in the name of “[name of Lien Grantor]” (such account and any successor account, the “Account”), (ii) the Account is a “securities account” account as defined in Section 8-501 of the UCC, (iii) the Securities Intermediary is acting as a “securities intermediary” (as defined in Section 8-102 of the UCC) in respect of the Account, (iv) the Securities Intermediary shall, subject to the terms of this Agreement, treat the Lien Grantor as entitled to exercise the rights that comprise all financial assets from time to time credited to the Account, (v) all property delivered to the Securities Intermediary by or on behalf of the Lien Grantor will be promptly credited to the Account, and (vi) all financial assets (except cash) credited to the Account will be registered in the name of the Securities Intermediary, indorsed to the Securities Intermediary or in blank or credited to another securities account maintained in the name of the Securities Intermediary and in no case will any financial asset credited to the Account be registered in the name of the Lien Grantor, payable to the order of the Lien Grantor or specially indorsed to the Lien Grantor unless such financial asset has been further indorsed to the Securities Intermediary or in blank.

Establishment of Account. The Securities Intermediary confirms that: (i) the Securities Intermediary has established the account number [identify account number] numbers listed on the attached Appendix A (which Appendix may be amended in writing by the parties from time to time) in the name of “[name of Lien Grantor]” "Morgan Stanley Dean Witter Spectrum Strategic L.P." (such account and any successor accountaccxxxx xnx xxx xxxxxxxxx xxxount, the “Account”"ACCOUNT"), (ii) the Account is a “"securities account” " as defined in Section 8-501 of the UCC, (iii) the Securities Intermediary is acting as a “"securities intermediary” " (as defined in Section 8-102 of the UCC) in respect of the Account, (iv) the Securities Intermediary shall, subject to the terms of this Agreement, treat the Lien Grantor as entitled to exercise the rights that comprise all financial assets from time to time credited to the Account, (v) all property delivered to the Securities Intermediary by or on behalf of the Lien Grantor for credit to the Account will be promptly credited to the Account, and (vi) all financial assets (except cash) credited to the Account will be registered in the name of the Securities Intermediary, indorsed to the Securities Intermediary or in blank or credited to another securities account maintained in the name of the Securities Intermediary and in no case will any financial asset credited to the Account be registered in the name of the Lien Grantor, payable to the order of the Lien Grantor or specially indorsed to the Lien Grantor unless such financial asset has been further indorsed to the Securities Intermediary or in blank.

Establishment of Account. The Securities Intermediary confirms that: (i) the Securities Intermediary has established account number [identify account number] in the name of “"[name of Lien Grantor]” " (such account and any successor account, the “"Account”"), (ii) the Account is a “"securities account” " as defined in Section 8-501 of the UCC, (iii) the Securities Intermediary is acting as a “"securities intermediary” " (as defined in Section 8-102 of the UCC) in respect of the Account, (iv) the Securities Intermediary shall, subject to the terms of this Agreement, treat the Lien Grantor as entitled to exercise the rights that comprise all financial assets from time to time credited to the Account, (v) all property delivered to the Securities Intermediary by or on behalf of the Lien Grantor will be promptly credited to the Account, and (vi) all financial assets (except cash) credited to the Account will be registered in the name of the Securities Intermediary, indorsed to the Securities Intermediary or in blank or credited to another securities account maintained in the name of the Securities Intermediary and in no case will any financial asset credited to the Account be registered in the name of the Lien Grantor, payable to the order of the Lien Grantor or specially indorsed to the Lien Grantor unless such financial asset has been further indorsed to the Securities Intermediary or in blank.

Establishment of Account. The Securities Intermediary confirms that: (i) the Securities Intermediary has established the account number [identify account number] numbers listed on the attached Appendix A (which Appendix may be amended in writing by the parties from time to time) in the name of “[name of Lien Grantor]” "Morgan Stanley Spectrum Select L.P." (such account and any successor accountsuccessox xxxxuxx, the “xxx "Account”"), (ii) the Account is a “"securities account” " as defined in Section 8-501 of the UCC, (iii) the Securities Intermediary is acting as a “"securities intermediary” " (as defined in Section 8-102 of the UCC) in respect of the Account, (iv) the Securities Intermediary shall, subject to the terms of this Agreement, treat the Lien Grantor as entitled to exercise the rights that comprise all financial assets from time to time credited to the Account, (v) all property delivered to the Securities Intermediary by or on behalf of the Lien Grantor for credit to the Account will be promptly credited to the Account, and (vi) all financial assets (except cash) credited to the Account will be registered in the name of the Securities Intermediary, indorsed to the Securities Intermediary or in blank or credited to another securities account maintained in the name of the Securities Intermediary and in no case will any financial asset credited to the Account be registered in the name of the Lien Grantor, payable to the order of the Lien Grantor or specially indorsed to the Lien Grantor unless such financial asset has been further indorsed to the Securities Intermediary or in blank.

Establishment of Account. The Securities Intermediary confirms that: (i) the Securities Intermediary a. Borrower and Bank acknowledge and confirm that Borrower has established with Bank an account with account number [identify account number[ ] (the “DACA Account”) pursuant to Sections 2.07 and 3.01(c) of the Loan and Servicing Agreement. b. The DACA Account shall be in the name of “[Borrower for the benefit of Administrative Agent for the benefit of the Secured Parties (or in such other name as Administrative Agent (as directed by the Secured Parties) may direct in writing and agreed to by Bank). c. Each account designated as a DACA Account includes, for purposes of Lien Grantor]” this Agreement, and without the necessity of separately listing subaccount numbers, all subaccounts presently existing or hereafter established for deposit reporting purposes and integrated with the DACA Account by an arrangement in which deposits made through subaccounts are posted only to the DACA Account. d. The DACA Account shall at all times have a minimum balance of $5,000 (such account and any successor account, the “AccountMinimum Balance”),. (ii) the e. The DACA Account is shall be treated and maintained as a “securities deposit account” as defined in within the meaning of Section 89-501 102(a)(29) of the UCC, Uniform Commercial Code as in effect in the State of New York (iiithe “NYUCC”) the Securities Intermediary is and with respect to which Bank shall be acting as a “securities intermediarybank” (as defined in within the meaning of Section 89-102 102(a)(8) of the UCCNYUCC. The DACA Account is an Eligible Account. As used herein, (i) “Eligible Account” shall mean a separate and identifiable account from all other funds held by the holding institution that is either (a) an account or accounts maintained with a federal or state-chartered depository institution or trust company which complies with the definition of Eligible Institution or (b) a segregated trust account or accounts maintained with a federal or state chartered depository institution or trust company acting in its fiduciary capacity which, in the case of a state chartered depository institution or trust company is subject to regulations substantially similar to 12 C.F.R. §9.10(b), having in either case a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal and state authority. An Eligible Account will not be evidenced by a certificate of deposit, passbook or other instrument and (ii) “Eligible Institution” shall mean a depository institution or trust company insured by the Federal Deposit Insurance Corporation the short term unsecured debt obligations or commercial paper of which are rated at least “A-1” by Standard & Poor’s Ratings Group (“S&P”), “P-1” by Xxxxx’x Investors Service, Inc. (“Moody’s”), and “F-1” by Fitch, Inc. (“Fitch”) in respect the case of the Account, accounts in which funds are held for thirty (iv30) the Securities Intermediary shalldays or less or, subject to the terms of this Agreement, treat the Lien Grantor as entitled to exercise the rights that comprise all financial assets from time to time credited to the Account, (v) all property delivered to the Securities Intermediary by or on behalf of the Lien Grantor will be promptly credited to the Account, and (vi) all financial assets (except cash) credited to the Account will be registered in the name case of letters of credit or accounts in which funds are held for more than thirty (30) days, the Securities Intermediary, indorsed to the Securities Intermediary or in blank or credited to another securities account maintained in the name long term unsecured debt obligations of the Securities Intermediary which are rated at least “A” by Fitch and in no case will any financial asset credited to the Account be registered in the name of the Lien Grantor, payable to the order of the Lien Grantor or specially indorsed to the Lien Grantor unless such financial asset has been further indorsed to the Securities Intermediary or in blankS&P and “A2” by Moody’s.

Establishment of Account. The Securities Intermediary confirms that: (i) the Securities Intermediary has established the account number [identify account number] numbers listed on the attached Appendix A (which Appendix may be amended in writing by the parties from time to time) in the name of “[name of Lien Grantor]” "Morgan Stanley Charter Campbell L.P." (such account and any successor accountaxx xxx xxxxxxxor accounx, the “Account”xxx "Xxxxxnt"), (ii) the Account is a “"securities account” " as defined in Section 8-501 of the UCC, (iii) the Securities Intermediary is acting as a “"securities intermediary” " (as defined in Section 8-102 of the UCC) in respect of the Account, (iv) the Securities Intermediary shall, subject to the terms of this Agreement, treat the Lien Grantor as entitled to exercise the rights that comprise all financial assets from time to time credited to the Account, (v) all property delivered to the Securities Intermediary by or on behalf of the Lien Grantor for credit to the Account will be promptly credited to the Account, and (vi) all financial assets (except cash) credited to the Account will be registered in the name of the Securities Intermediary, indorsed to the Securities Intermediary or in blank or credited to another securities account maintained in the name of the Securities Intermediary and in no case will any financial asset credited to the Account be registered in the name of the Lien Grantor, payable to the order of the Lien Grantor or specially indorsed to the Lien Grantor unless such financial asset has been further indorsed to the Securities Intermediary or in blank.