Establishment of the Account. Custodian hereby requests that Subcustodian establish for each client of the Custodian an Account which shall be composed of:
1. A Custody Account for any and all Securities (as hereinafter defined) from time to time received by Subcustodian therefor, and
2. A Deposit Account for any and all Cash (as hereinafter defined) from time to time received by Subcustodian therefor.
Establishment of the Account. In consideration of its right to receive Excess Spread in accordance with Section 6.02 of the Pooling and Servicing Agreement, the Spread Account Depositor hereby establishes and shall hereafter maintain with the Spread Account Custodian the Account as a separate trust account to include the money and other property deposited and held therein pursuant hereto. The Account shall be a segregated trust account maintained in New York and initially established with the Spread Account Custodian and maintained with the Spread Account Custodian in the Corporate Trust Department of the Spread Account Custodian. The Spread Account Custodian acknowledges the interest of the Trustee in the Account, as set forth herein and in Article VI of the Pooling and Servicing Agreement. The Spread Account Custodian further acknowledges and agrees that (i) any deposits to the Account shall be made solely by the Servicer or the Trustee in accordance with Section 6.02(a) of the Pooling and Servicing Agreement; (ii) any withdrawals from the Account shall be made by the Spread Account Custodian solely upon instructions therefor given by the Trustee as specifically set forth in Section 6.02(b) of the Pooling and Servicing Agreement; and (iii) the Seller, the Servicer and the Spread Account Depositor shall have no rights to receive any amounts in the Account other than as specifically set forth herein and in Section 6.02(b) of the Pooling and Servicing Agreement.
Establishment of the Account.
2.01 The Borrower hereby settles on the Designated Account with the Trust Bank the sum of Rs. 10000/-.(Rupees Ten Thousand only). The Borrower also hereby declares that all right, title and interest in the Designated Account and the Authorised Investments made from the Designated Account shall be vested in the Trust Bank and held in trust for the Lender in accordance with the terms of this Agreement and as their respective interests are provided for herein. The Trust Bank hereby accepts the above amount of Rs. 10000/- (Rupees Ten Thousand only) in the trust hereby declared and provided upon the terms and conditions set forth in this Agreement. Amounts deposited in the Designated Account from time to time shall be held in trust, received and applied as provided in this Agreement. No person other than the Lender shall have any rights hereunder as the beneficiaries of or as third party beneficiaries under this Agreement.
2.02 The Trust Bank shall, save as otherwise provided herein, maintain the Designated Account in accordance with the terms of this Agreement and its usual practices and applicable regulations and, if permitted by applicable regulations, pay the maximum rate of interest payable to its customers on the balances including balances in the Debt Service Reserve Account from time to time as agreed between the Lender, the Borrower and the Trust Bank from time to time.
2.03 The Trust Bank and the Lender shall agree (after consultation with the Borrower) the Designated mandates, terms and conditions and operating procedures for the Designated Account but in the event of any inconsistency between this Agreement and such mandates, terms and conditions or procedures, this Agreement shall prevail.
2.04 The Lender shall be permitted to instruct the Trust Bank to make transfers to and from the designated Account at any time.
2.05 Notwithstanding any of the other provisions of this Agreement, the Lender may in the event of default instruct the Trust Bank to withdraw amounts from the Designated Account.
Establishment of the Account. The Depositary Agent hereby establishes an account entitled “TUA Reserve Account” (the “Account”) in the name of Holdings and in the form of trust accounts, which shall be maintained at all times until the termination of this Agreement. For administrative purposes, additional sub-accounts within the Account may be established and created by the Depositary Agent from time to time in accordance with this Agreement as separate trust accounts. All amounts from time to time held in the Account shall be disbursed in accordance with the terms hereof, shall constitute the property of Holdings and shall be (a) subject to the Lien of the Collateral Agent pursuant to the LNG Entities Guarantee and Collateral Agreement (for the benefit of the Secured Parties and Crest) and (b) held in the sole custody and “control” (within the meaning of Section 8-106(d) of the UCC) of the Collateral Agent for the purposes and on the terms set forth in this Agreement and all such amounts shall constitute a part of the Collateral and shall not constitute payment of any Obligations or any other obligation of Holdings.
Establishment of the Account. The Depository Bank hereby confirms and agrees that:
(a) The Depository Bank has established the following time deposit account on its books for the benefit of the Debtor: account number 400025 in the name "Gilat-to-Home Inc." (such account and any successor account, the "Account"), and the Depository Bank shall not change the name or account number of the Account without the prior written consent of the Secured Party;
(b) On or after the date hereof, US$30,000,000 will be deposited into the Account;
(c) The Debtor shall have no right whatsoever to remove or withdraw from the Account any asset, cash or other property now or hereafter credited to the Account without the prior written consent of the Secured Party, provided that the Debtor shall be entitled to request that the Secured Party withdraw funds from the Account in accordance with Section 2.03 of the Financing Agreement; and
(d) The Debtor and the Secured Party have notified the Depository Bank that the Debtor has, pursuant to the Pledge Agreement, pledged and assigned to the Secured Party and granted to the Secured Party for the benefit of the Lenders a continuing security interest in the Pledged Collateral, including, without limitation, the Account. The Depository Bank hereby consents to the creation of such security interest.
Establishment of the Account. (a) The parties hereto hereby confirm that the Company has caused the Securities Intermediary to establish, and the Securities Intermediary, acting as a "securities intermediary" (such term as used herein as defined in Section 8-102(a)(14)(ii) of the Uniform Commercial Code), has established account number 72-40-400-0372000 xx the name of the Company (such account and any successor account, the "Account").
(b) The Account shall be maintained on the books and records of the Securities Intermediary as a "securities account" (such term as used herein as defined in Section 8-501(a) of the Uniform Commercial Code), and the Securities Intermediary agrees to treat the Company as the "entitlement holder" (as defined in Section 8-102(a)(7) of the Uniform Commercial Code) with respect to the Account.
(c) The Securities Intermediary agrees that all cash (which for purposes of this Agreement is hereby designated as a "financial asset" pursuant to Section 8-102(9)(iii) of the Uniform Commercial Code) and all securities described on EXHIBIT D to this Agreement ("PERMITTED SECURITIES") delivered to the Securities Intermediary by the Company or the Collateral Agent pursuant to the Pledge and Security Agreement, dated as of May 14, 2001, by and between the Company and the Collateral Agent (as the same may be amended, supplemented or otherwise modified from time to time, the "PLEDGE AGREEMENT") that are a type eligible to be held by a Federal Reserve Bank and/or the Depository Trust Company (each such Permitted Security, an "ELIGIBLE ASSET") will be promptly credited to the Account.
(d) The Securities Intermediary agrees that each item of property (whether cash, a security, an instrument or obligation, share, participation, interest or other property whatsoever) credited to or held in the Account shall be held and treated as a "financial asset" (such term as used herein as defined in Section 8-102(a)(9) of the Uniform Commercial Code).
(e) All securities and other property underlying any financial assets credited to the Account shall 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 shall any financial asset credited to the Account be registered in the name of the Company, payable to the order of the Company or specially indorsed to the Company.
Establishment of the Account. The Client will establish, or has established, an account (the “Account”) in the Client's name at the financial institution identified in Schedule A (the “Custodian”) in which the Client will deposit or has deposited securities and other assets to be managed by Fairholme under this Agreement. The Client agrees to complete all account opening documents required by the Custodian to open the Account and to execute and deliver to the Custodian such limited powers-of-attorney or other authorizations as may be required by the Custodian in order to fully establish and effectuate the discretionary authority granted to Fairholme under this Agreement. Neither Fairholme nor its affiliates will at any time act as custodian or have physical custody of any assets in the Account. The Client authorizes Fairholme to instruct the Custodian on the Client’s behalf (a) to send to the Client and Fairholme monthly statements showing all transactions occurring in the Account during the period covered by the Account statement, and the funds, securities and other property in the Account at the end of the period and (b) to provide Fairholme copies of all trade confirmations, periodic statements and other reports relating to the Account that the Custodian sends to the Client or receives with regard to the Account.
Establishment of the Account. Until the payment in full of the Secured Obligations:
(a) The Collateral Agent shall establish and, until payment in full of the Secured Obligations, maintain an account known as the “Enertec Receivables Financing Collateral Account” (the “Collateral Account”), account number 129235.2, with JPMorgan Chase Bank, at its office at 0 Xxx Xxxx Xxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000, such Collateral Account bearing an additional designation clearly indicating that the funds deposited therein are held for the benefit of the Agents and the Lenders. All funds received by the Collateral Agent in respect of or pursuant to the Assigned Agreement shall be deposited into the Collateral Account upon receipt thereof. The Collateral Account shall be an account of the Collateral Agent which shall be subject to the Collateral Agent’s sole dominion and control.
(b) It shall be a term and condition of the Collateral Account, and on or prior to the date hereof each Borrower shall give to the Collateral Agent written notice (such notice to be in form and substance satisfactory to the Lenders), that notwithstanding any term or condition to the contrary in any other agreement relating to the Collateral Account, and except as otherwise provided in Section 7.01 or 8.04 hereof concerning transfers and payments or in Section 7.10 and 8.04 hereof concerning payments after an Event of Default, no amount (including interest on Eligible Investments held in the Collateral Account) shall be paid or released from the Collateral Account to or for the account of, or withdrawn by or for the account of, either Borrower or any other Person. The Collateral Account shall be subject to applicable laws, and applicable regulations of any competent banking or governmental authority, as may now or hereafter be in effect.
Establishment of the Account. (a) The terms and conditions of this Agreement govern the Account You are opening with FRSC, as introducing broker, and Clearing Broker and any other Account You open in the future with FRSC, as introducing broker, and Clearing Broker.
(b) FRSC or its affiliates may, at their discretion and for a period of 12 months after the execution of Your Business Account Application (Application), directly or indirectly use such Application to establish additional Accounts for You with FRSC and Clearing Broker in order to, where applicable, facilitate management of and/or reporting on your Accounts. Such accounts shall be opened for the express purpose of the efficient administration of Your Accounts and will not in and of themselves result in any additional fees charged by FRSC to You or compensation received by FRSC, its affiliates, or their employees. You understand and agree that, subject to any information You provide relating to such additional Accounts, all information provided by You in the Application shall apply to such additional Accounts.
(c) Each Account You open is a cash account, unless You request and are also approved for a margin Account.
Establishment of the Account. Article 1 The Account II - THE RESOURCES
Article 2 Amount made available by the Ministry to the Bank
2.1 The Ministry shall make available to the EBRD, through the Environmental Fund of the Slovak Republic, cooperation funds in the amount of Euro 5,810,000 (five million and eight hundred ten thousand euros) (the “Cooperation Funds”) on a non-reimbursable basis, except as provided for in Article 19.2(c) of this Agreement.
2.2 The Ministry may, at any time, with the agreement of the Bank, make available to the Bank and pay into the Account, amount(s), in addition to the amount made available pursuant to Article 2.1 of this Agreement (the “Replenishment”). Any Replenishment shall be agreed in writing and shall form part of the Resources (as defined in Article 3 below) and shall be governed by the terms of this Agreement, whereby references to the “Cooperation Funds” shall be deemed to refer also to the “Replenishment”.