Establishment of Deposit Account. The Financial Institution hereby confirms and agrees that: (a) The Financial Institution has established account number [_______] in the name “[__________]” (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 (i) prior to delivery of a Notice of Termination of First Lien Obligations sent by the Bank in the form of Exhibit A attached hereto (“Notice of Termination of First Lien Obligations”), the Bank, (ii) subsequent to delivery of a Notice of Termination of First Lien Obligations sent by the Bank, the Second Lien Collateral Agent, and (iii) prior to delivery pursuant to Section 8(a) of a Blocking Notice delivered by the Bank or Second Lien Collateral Agent, as applicable, in substantially the form set forth in Exhibit B attached hereto (“Blocking Notice”), 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 (Greektown Newco Sub, Inc.), Pledge and Security Agreement (Greektown Superholdings, 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 (i) prior to delivery of a Notice of Termination of First Lien Obligations sent by the Bank First Lien Collateral Agent in the form of Exhibit A attached hereto (“Notice of Termination of First Lien Obligations”), the BankFirst Lien Collateral Agent, (ii) subsequent to delivery of a Notice of Termination of First Lien Obligations sent by the BankFirst Lien Collateral Agent, the Second Lien Collateral Agent, and (iii) prior to delivery pursuant to Section 8(a) of a Blocking Notice of Sole Control delivered by the Bank First Lien Collateral Agent or Second Lien Collateral Agent, as applicable, in substantially the form set forth in Exhibit B attached hereto (“Blocking NoticeNotice of Sole Control”), 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: First Lien Pledge and Security Agreement (Arizona Chemical Ltd.), Second Lien Pledge and Security Agreement (Arizona Chemical Ltd.)
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 or close the Deposit Account without the prior written consent of (i) prior to delivery of a Notice of Termination of First Lien Obligations sent by the Bank First Lien Collateral Agent in the form of Exhibit A attached hereto (“Notice of Termination of First Lien Obligations”), the BankFirst Lien Collateral Agent, (ii) subsequent to delivery of a Notice of Termination of First Lien Obligations sent by the BankFirst Lien Collateral Agent, the Second Lien Collateral Agent, and or (iii) prior to delivery pursuant to Section 8(a) of a Blocking Notice delivered by the Bank First Lien Collateral Agent or Second Lien Collateral Agent, as applicable, in substantially the form set forth in Exhibit B attached hereto (“Blocking Notice”), 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: First Lien Guarantee and Collateral Agreement (Edgen Murray LTD), Second Lien Guarantee and Collateral Agreement (Edgen Murray LTD)
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 EXHIBIT D-1 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 (i) prior to delivery of a Notice of Termination of First Lien Obligations sent by the Bank in the form of Exhibit A attached hereto (“Notice of Termination of First Lien Obligations”"NOTICE OF TERMINATION OF FIRST LIEN OBLIGATIONS"), the BankFirst Lien Collateral Agent, (ii) subsequent to delivery of a Notice of Termination of First Lien Obligations sent by the BankObligations, the Second Lien Collateral Agent, and (iii) prior to delivery pursuant to Section 8(a) of a Blocking Notice delivered by the Bank or Second Lien Collateral Agent, as applicable, of Sole Control in substantially the form set forth in Exhibit B attached hereto (“Blocking Notice”"NOTICE OF SOLE CONTROL"), 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: Credit Agreement (Carmike Cinemas Inc), Credit and Guaranty Agreement (Carmike Cinemas 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 (i) prior to delivery of a Notice of Termination of First Lien Obligations sent by the Bank in the form of Exhibit A attached hereto (“Notice of Termination of First Lien Obligations”), the BankFirst Lien Collateral Agent, (ii) subsequent to delivery of a Notice of Termination of First Lien Obligations sent by the BankObligations, the Second Lien Collateral Agent, and (iii) prior to delivery pursuant to Section 8(a) of a Blocking Notice delivered by the Bank or Second Lien Collateral Agent, as applicable, of Sole Control in substantially the form set forth in Exhibit B attached hereto (“Blocking NoticeNotice of Sole Control”), 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: First Lien Pledge and Security Agreement (CVR Energy Inc)