Establishment of Deposit Account. The Financial Institution hereby confirms and agrees that: (a) The Financial Institution has established account number [IDENTIFY ACCOUNT NUMBER] in the name “[IDENTIFY EXACT TITLE OF ACCOUNT]” (such account and any successor account, the “Deposit Account”) and the Financial Institution shall not change the name or account number of the Deposit Account without the prior written consent of the Collateral Agent and, prior to delivery of a Notice of Sole Control in substantially the form set forth in Exhibit A hereto, the Debtor; and (b) The Deposit Account is a “deposit account” within the meaning of Section 9-102(a)(29) of the UCC.
Appears in 15 contracts
Samples: Pledge and Security Agreement (Safeguard Scientifics Inc), Credit and Guaranty Agreement (Enviva Partners, LP), Credit and Guaranty Agreement (Fmsa Holdings Inc)
Establishment of Deposit Account. The Financial Institution hereby confirms and agrees that:
(a) The Financial Institution has established account number [IDENTIFY ACCOUNT NUMBER] in the name “[IDENTIFY EXACT TITLE OF ACCOUNT]” (such account and any successor account, the “Deposit Account”) and the Financial Institution shall not change the name or account number of the Deposit Account without the prior written consent of the Collateral Agent Controlling Party and, prior to delivery of a Notice of Sole Control in substantially the form set forth in Exhibit A hereto, the Debtor; and
(b) The Deposit Account is a “deposit account” within the meaning of Section 9-102(a)(29) of the UCC.
Appears in 3 contracts
Samples: First Lien Credit and Guaranty Agreement (X Rite Inc), Pledge and Security Agreement (J Crew Group Inc), Second Lien Credit and Guaranty Agreement (X Rite Inc)
Establishment of Deposit Account. The Financial Institution hereby confirms and agrees that:
(a) The Financial Institution has established account number [IDENTIFY ACCOUNT NUMBER] in the name “[IDENTIFY EXACT TITLE OF ACCOUNT]” (such account and any successor account, the “Deposit Account”) and the Financial Institution shall not change the name or account number of the Deposit Account without the prior written consent of the Collateral Agent and, prior to delivery of a Notice notice of Sole Control sole control in substantially the form set forth in Exhibit A hereto, the Debtor; and
(b) The Deposit Account is a “deposit account” within the meaning of Section 9-102(a)(29) of the UCC.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Hologic Inc), Pledge and Security Agreement (Gen Probe Inc)
Establishment of Deposit Account. The Financial Institution hereby confirms and agrees that:
(a) The Financial Institution has established account number [IDENTIFY ACCOUNT NUMBER] in the name “[IDENTIFY EXACT TITLE OF ACCOUNT]” (such account and any successor account, the “Deposit Account”) and the Financial Institution shall not change the name or account number of the Deposit Account without the prior written consent of the Collateral Agent Trustee and, prior to delivery of a Notice of Sole Control in substantially the form set forth in Exhibit A hereto, the Debtor; and
(b) The Deposit Account is a “deposit account” within the meaning of Section 9-102(a)(29) of the UCC.
Appears in 2 contracts
Samples: Second Lien Pledge and Security Agreement (Sunedison, Inc.), Pledge and Security Agreement (Goodman Networks Inc)
Establishment of Deposit Account. The Financial Institution hereby confirms and agrees that:
(a) The Financial Institution has established account number [IDENTIFY ACCOUNT NUMBER] in the name “"[IDENTIFY EXACT TITLE OF ACCOUNT]” " (such account and any successor account, the “Deposit Account”"DEPOSIT ACCOUNT") and the Financial Institution shall not change the name or account number of the Deposit Account without the prior written consent of the Collateral Agent Trustee and, prior to delivery of a Notice of Sole Control in substantially the form set forth in Exhibit A hereto, the Debtor; and
(b) The Deposit Account is a “"deposit account” " within the meaning of Section 9-102(a)(29) of the UCC.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Belden & Blake Corp /Oh/), Pledge and Security Agreement (Belden & Blake Corp /Oh/)
Establishment of Deposit Account. The Financial Institution hereby confirms and agrees that:
(a) The Financial Institution has established account number [IDENTIFY ACCOUNT NUMBER] in the name “[IDENTIFY EXACT TITLE OF ACCOUNT]” (each such account and any successor account, individually and collectively, the “Deposit Account”) and the Financial Institution shall not change the name or account number of the Deposit Account without the prior written consent of the Collateral Agent and, prior to delivery of a Notice of Sole Control in substantially the form set forth in Exhibit A hereto, the Debtor; and
(b) The Deposit Account is a “deposit account” within the meaning of Section 9-102(a)(29) of the UCC.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Del Frisco's Restaurant Group, LLC)
Establishment of Deposit Account. The Financial Institution hereby confirms and agrees that:
(a) The Financial Institution has established account number [IDENTIFY ACCOUNT NUMBER] in the name “[IDENTIFY EXACT TITLE OF ACCOUNT]” (such account and any successor account, the “Deposit Account”) and the Financial Institution shall not change the name or account number of the Deposit Account without the prior written consent of the Collateral Agent Trustee and, prior to delivery of a Notice of Sole Control in substantially the form set forth in Exhibit A hereto, the Debtor; and
(b) The Deposit Account is a “deposit account” within the meaning of Section 9-9- 102(a)(29) of the UCC.
Appears in 1 contract
Establishment of Deposit Account. The Financial Institution hereby confirms and agrees that:
(a) The the Financial Institution has established account number [IDENTIFY ACCOUNT NUMBER] in the name “[IDENTIFY EXACT TITLE OF ACCOUNT]” (such account and any successor account, the “Deposit Account”);
(b) and the Financial Institution shall not change the name or account number of the Deposit Account without the prior written consent of the Collateral Agent Trustee and, prior to delivery the Debtor’s receipt of a Notice of Sole Control in substantially the form set forth in Exhibit A hereto(as defined below), the Debtor; and
(bc) The the Deposit Account is a “deposit account” within the meaning of Section 9-102(a)(29) of the UCC.
Appears in 1 contract
Establishment of Deposit Account. The Financial Institution hereby confirms and agrees that:
(a) The Financial Institution has established account number [IDENTIFY ACCOUNT NUMBER] in the name “[IDENTIFY EXACT TITLE OF ACCOUNT]” (such account and any successor account, the “Deposit Account”) and the Financial Institution shall not change the name or account number of the Deposit Account without the prior written consent of the Second Lien Collateral Agent and, prior to delivery of a Notice of Sole Control in substantially the form set forth in Exhibit A hereto, the Debtor; and
(b) The Deposit Account is a “deposit account” within the meaning of Section 9-102(a)(29) of the UCC.
Appears in 1 contract
Samples: Second Lien Credit Agreement (Affirmative Insurance Holdings Inc)
Establishment of Deposit Account. The Financial Institution hereby confirms and agrees that:
(a) a. The Financial Institution has established account number [IDENTIFY ACCOUNT NUMBER] in the name “[IDENTIFY EXACT TITLE OF ACCOUNT]” (such account and any successor account, the “Deposit Account”) and the Financial Institution shall not change the name or account number of the Deposit Account without the prior written consent of the Collateral Agent and, prior to delivery Agent.
b. The Financial Institution is a “bank” as defined in Section 9-102 (a)(8) of a Notice Article 9 of Sole Control in substantially the form set forth in Exhibit A hereto, the Debtor; and
(b) UCC. The Deposit Account is a “deposit account” within the meaning of as defined in Section 9-102(a)(29) of Article 9 of the UCC.
Appears in 1 contract
Samples: Security Agreement (Viropharma Inc)
Establishment of Deposit Account. The Financial Institution hereby confirms and agrees that:
(a) The Financial Institution has established account number [IDENTIFY ACCOUNT NUMBER] in the name “"[IDENTIFY EXACT TITLE OF ACCOUNT]” (such account and any successor account, the “Deposit Account”") and the Financial Institution shall not change the name or account number of the Deposit Account without the prior written consent of the Collateral Agent and, prior to delivery of a Notice of Sole Control in substantially the form set forth in Exhibit A hereto, the Debtor; and
(b) The Deposit Account is a “deposit account” within the meaning of Section 9-102(a)(29) of the UCC.
Appears in 1 contract
Establishment of Deposit Account. The Financial Institution hereby confirms and agrees that:
(a) The Financial Institution has established account number [IDENTIFY ACCOUNT NUMBER] in the name “"[IDENTIFY EXACT TITLE OF ACCOUNT]” " (such account and any successor account, the “"Deposit Account”") and the Financial Institution shall not change the name or account number of the Deposit Account without the prior written consent of the Collateral Agent and, prior to delivery of a Notice of Sole Control in substantially the form set forth in Exhibit A hereto, the Debtor; and
(b) The Deposit Account is a “"deposit account” " within the meaning of Section 9-102(a)(29) of the UCC.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (AbitibiBowater Inc.)
Establishment of Deposit Account. The Financial Institution hereby confirms and agrees that:
(a) The Financial Institution has established account number [IDENTIFY ACCOUNT NUMBER] in the name “[IDENTIFY EXACT TITLE OF ACCOUNT]” (such account and any successor account, the “Deposit Account”) and the Financial Institution shall not change the name or account number of the Deposit Account without the prior written consent of the Collateral Agent Controlling Party and, prior to delivery of a Notice of Sole Control in substantially the form set forth in Exhibit A hereto, the Debtor; and
(b) The Deposit Account is a “deposit account” within the meaning of Section 9-102(a)(29) of 102(a)(29)of the UCC.
Appears in 1 contract
Establishment of Deposit Account. The Financial Institution hereby confirms and agrees that:
(a) The Financial Institution has established account number [IDENTIFY ACCOUNT NUMBER] in the name “[IDENTIFY EXACT TITLE OF ACCOUNT]” (such account and any successor account, the “Deposit Account”) and the Financial Institution shall not change the name or account number of the Deposit Account without the prior written consent of the Collateral Administrative Agent and, prior to delivery of a Notice of Sole Control in substantially the form set forth in Exhibit A hereto, the Debtor; and
(b) The Deposit Account is a “deposit account” within the meaning of Section 9-102(a)(29) of 9- 102(a)(29)of the UCC.
Appears in 1 contract
