Common use of Establishment of the Management Accounts Clause in Contracts

Establishment of the Management Accounts. The Concentration Account is owned by the Issuer and, as of the date hereof, has been established as an Eligible Account that has not been established with the Trustee. Such account, as of the Closing Date and at all times thereafter, shall be (A) pledged to the Trustee for the benefit of the Secured Parties pursuant to this Indenture and (B) subject to an Account Control Agreement. Each Management Account shall be an Eligible Account and, in addition, from time to time, the Issuer may establish additional accounts for the purpose of depositing Collections (each such account and any investment accounts related thereto into which funds are transferred for investment purposes pursuant to Section 5.1(b), an “Additional Management Account”); provided that each such Additional Management Account is (A) an Eligible Account that has not been established with the Trustee, and (B) any such account owned by the Issuer is (x) pledged by the Issuer to the Trustee for the benefit of the Secured Parties pursuant to this Indenture and (y) subject to an Account Control Agreement. Notwithstanding anything to the contrary in this paragraph (a), in the case of any Management Account which is owned by the Issuer and established after the Closing Date, the Issuer shall be permitted a period of five (5) Business Days after the establishment of such deposit account to cause such deposit account to be subject to an Account Control Agreement. The Issuer shall inform Trustee in writing of the details of the Concentration Account or any Additional Management Account, including the name of the financial institution at which such account is established and the account number.

Appears in 1 contract

Samples: Fat Brands, Inc

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Establishment of the Management Accounts. The As of the Closing Date, the Issuer has established in the name of and for the benefit of the Issuer (i) the Concentration Account is owned by and the Issuer and, as of related Lock-Box Accounts and (ii) the date hereof, has been established as an Eligible Account that has not been established with the TrusteeAsset Disposition Proceeds Account. Such accountaccounts and lock-boxes, as of the Closing Date and at all times thereafter, shall be (A) pledged to the Trustee for the benefit of the Secured Parties pursuant to this Indenture Section 3.1 or the Guarantee and Collateral Agreement and (B) in the case of each other Management Account, if not established with the Trustee, subject to an Account Control Agreement; provided that only the Qualified Institution holding a Lock-Box Account shall have access to the items deposited therein. Each Management Account shall be an Eligible Account and, in addition, from time to time, the Issuer or any other Securitization Entity may establish additional accounts for the purpose of depositing Collections therein (each such account and any investment accounts related thereto into which funds are transferred for investment purposes pursuant to Section 5.1(b), an “Additional Management Account”); provided that each such Additional Management Account is (A) an Eligible Account that has not been established with the TrusteeAccount, and (B) any such account owned by the Issuer is (x) pledged by the Issuer or such other Securitization Entity to the Trustee for the benefit of the Secured Parties pursuant to this Indenture Section 3.1 or the Guarantee and Collateral Agreement and (yC) if not established with the Trustee, subject to an Account Control Agreement. Notwithstanding anything to the contrary in this paragraph (a), in the case of any Management Account which is owned by the Issuer and established after the Closing Date, the Issuer shall be permitted a period of five (5) Business Days after the establishment of such deposit account to cause such deposit account to be subject to an Account Control Agreement. The Issuer shall inform Trustee in writing of the details of the Concentration Account or any Additional Management Account, including the name of the financial institution at which such account is established and the account number.

Appears in 1 contract

Samples: Base Indenture Definitions List (Yum Brands Inc)

Establishment of the Management Accounts. The As of the Original Closing Date, the Issuer has established in the name of and for the benefit of the Issuer (i) the Concentration Account is owned by and the Issuer andrelated Lock-Box Accounts and (ii) the Asset Disposition Proceeds Account. Such accounts and lock-boxes, as of the date hereof, has been established as an Eligible Account that has not been established with the Trustee. Such account, as of the Original Closing Date and at all times thereafter, shall be (A) pledged to the Trustee for the benefit of the Secured Parties pursuant to this Indenture Section 3.1 or the Guarantee and Collateral Agreement and (B) in the case of each other Management Account, if not established with the Trustee, subject to an Account Control Agreement; provided that only the Qualified Institution holding a Lock-Box Account shall have access to the items deposited therein. Each Management Account shall be an Eligible Account and, in addition, from time to time, the Issuer or any other Securitization Entity may establish additional accounts for the purpose of depositing Collections therein (each such account and any investment accounts related thereto into which funds are transferred for investment purposes pursuant to Section 5.1(b), an “Additional Management Account”); provided that each such Additional Management Account is (A) an Eligible Account that has not been established with the TrusteeAccount, and (B) any such account owned by the Issuer is (x) pledged by the Issuer or such other Securitization Entity to the Trustee for the benefit of the Secured Parties pursuant to this Indenture Section 3.1 or the Guarantee and Collateral Agreement and (yC) if not established with the Trustee, subject to an Account Control Agreement. Notwithstanding anything to the contrary in this paragraph (a), in the case of any Management Account which is owned by the Issuer and established after the Closing Date, the Issuer shall be permitted a period of five (5) Business Days after the establishment of such deposit account to cause such deposit account to be subject to an Account Control Agreement. The Issuer shall inform Trustee in writing of the details of the Concentration Account or any Additional Management Account, including the name of the financial institution at which such account is established and the account number.

Appears in 1 contract

Samples: Yum Brands Inc

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Establishment of the Management Accounts. The Concentration Account is owned by As of the Closing Date, the Issuer andhas established in the name of and for the benefit of Wingstop Franchisor the Concentration Account. Following the Closing Date, as if the Issuer is required to deposit Asset Disposition Proceeds to the Asset Disposition Proceeds Account pursuant to Section 5.10(c), the Issuer shall establish and maintain the Asset Disposition Proceeds Account in the name and for the benefit of the date hereof, has been established as an Eligible Account that has not been established with the TrusteeIssuer. Such accountaccounts, as of the Closing Date and at all times thereafter, shall be (A) pledged to the Trustee for the benefit of the Secured Parties pursuant to Section 3.1 of this Base Indenture or Section 3.1 of the Guarantee and Collateral Agreement, as applicable, and (B) in the case of each other Management Account, if not established with the Trustee, subject to an Account Control Agreement. Each Management Account shall be an Eligible Account and, in addition, from time to time, the Issuer or any other Securitization Entity may establish additional accounts for the purpose of depositing Collections therein (each such account and any investment accounts related thereto into which funds are transferred for investment purposes pursuant to Section 5.1(b), an “Additional Management Account”); provided that each such Additional Management Account is (A) an Eligible Account that has not been established with the TrusteeAccount, and (B) any such account owned by the Issuer is (x) pledged by the Issuer or such other Securitization Entity to the Trustee for the benefit of the Secured Parties pursuant to this Indenture Section 3.1 or the Guarantee and Collateral Agreement and (yC) if not established with the Trustee, subject to an Account Control Agreement. Notwithstanding anything to the contrary in this paragraph (a), in the case of any Management Account which is owned by the Issuer and established after the Closing Date, the Issuer shall be permitted a period of five (5) Business Days after the establishment of such deposit account to cause such deposit account to be subject to an Account Control Agreement. The Issuer shall inform Trustee in writing of the details of the Concentration Account or any Additional Management Account, including the name of the financial institution at which such account is established and the account number.

Appears in 1 contract

Samples: Wingstop Inc.

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