Excess Cash Flow Account. Excess Cash Flow shall be maintained by Borrower in a separate Deposit Account of Borrower maintained at a nationally recognized bank reasonably acceptable to Agent Lender (XX Xxxxxx/Chase being hereby approved) (the “Excess Cash Flow Account”) until used for a purpose permitted in this Agreement. Borrower hereby assigns and pledges Lenders a security interest in the Excess Cash Flow Account and agrees to, upon request of Agent Lender, provide additional documentation evidencing Lenders’ security interest in the Excess Cash Flow Account, including, without limitation, the Assignment of Excess Cash Flow Account. Borrower shall be restricted from obtaining access to any funds held in the Excess Cash Flow Account without Agent Lenders prior written consent and will also assist Agent Lender in obtaining an executed account control agreement from the depository bank holding the Excess Cash Flow Account for purposes of Lenders perfecting their security interest in the Excess Cash Flow Account. Such a control agreement must be in place before any deposits of any Excess Cash Flow are made into the Excess Cash Flow Account and prior to any use of Excess Cash Flow for the purposes permitted herein.
Excess Cash Flow Account. Notwithstanding anything to the contrary in the Cash Management Agreement and other Loan Documents, the Parties agree as follows:
Excess Cash Flow Account. A securities account (i) which holds amounts pursuant to §9.20 hereof and from which funds may be released only in accordance with §9.20 hereof and which is otherwise acceptable to the Agent (it being agreed that having such account held at Xxxxx Fargo Bank, National Association is acceptable to the Agent), (ii) over which the Agent has, pursuant to a control agreement acceptable to the Agent, a first priority perfected lien, and (iii) over which the collateral agent under the 2009 Senior Secured Debt Documents may have, pursuant to a control agreement acceptable to the Agent and such collateral agent, a second priority perfected lien.
Excess Cash Flow Account. On each Monthly Payment Date after the occurrence of an Excess Cash Flow Sweep Trigger Event and until the occurrence of an Excess Cash Flow Sweep Trigger Event Cure (provided, however, (i) no other Excess Cash Flow Sweep Trigger Event exists and (ii) during the term of the Loan there shall be no more than three (3) Excess Cash Flow Sweep Trigger Event Cures) after giving effect to Section 6.4.3 below, Borrower shall deposit or cause to be deposited with or on behalf of Lender, or Lender shall be entitled to retain from funds in the Cash Management Account, on each Monthly Payment Date, all Excess Cash Flow which shall be deposited into an Account established by Cash Management Bank to hold such funds (the “Excess Cash Flow Account”). The funds in the Excess Cash Flow Account shall be deposited with and held by Lender as additional security for the Debt. Upon the occurrence of an Excess Cash Flow Sweep Trigger Event Cure (there shall be no more than three (3) Excess Cash Flow Sweep Trigger Event Cures) and provided no other Excess Cash Flow Sweep Trigger exists, all funds in the Excess Cash Flow Account, with the exception of the Go Dark Trigger Cap Amount, shall be remitted to Borrower within five (5) Business Days thereafter. The Go Dark Trigger Cap Amount shall continue to be held in the Excess Cash Flow Account until such time as there is no other Excess Cash Flow Sweep Trigger Event in existence and the Dark Property Cure has occurred, only then shall the Go Dark Trigger Cap Amount be remitted to Borrower within five (5) Business Days thereafter.
Excess Cash Flow Account. 8 1.5 Fees............................................................................................8 1.6
Excess Cash Flow Account. Within sixty (60) days after the Execution Date, Lessee shall establish and shall maintain at all times until the Termination Date, the Excess Cash Flow Account described in Annex B (the "Excess Cash Flow Account").
Excess Cash Flow Account. The Excess Cash Flow Account shall be held by, and in the name of, the Administrative Agent under its sole dominion and control pursuant to the provisions of the Security Documents. At any time, upon written request of the Borrower to the Administrative Agent, if no Default or Event of Default has occurred and is then continuing, amounts on deposit in the Excess Cash Flow Account shall be made available to the Borrower to pay the outstanding principal amount of the Convertible Notes. If, upon payment of all outstanding principal of the Convertible Notes, amounts remain on deposit in the Excess Cash Flow Account, such amounts shall be utilized to prepay the Term Loans as provided in subsection 6.3(e)(iv)."
Excess Cash Flow Account. If an Event of Default has occurred and is continuing, at the direction of Required Lenders, amounts on deposit in the Excess Cash Flow Account shall be applied as provided in subsection 6.9(b) of the Credit Agreement.'
Excess Cash Flow Account. A subaccount of the Cash Management Account into which, on each Payment Date during a Cash Management Period, shall be deposited from the Cash Management Account the amount described in Section 4.2(5)(j) (the “Excess Cash Flow Account”).
Excess Cash Flow Account. The Issuer will deposit into the Excess Cash Flow Account all amounts available to be transferred thereto from the Collection Account after the required transfers to and from the other Transaction Accounts have been made. The Excess Cash Flow Account will be maintained by the Issuer in the United States with the commercial department of the Indenture Trustee. Funds will be distributable from the Excess Cash Flow Account in the circumstances described below under “—Principal Covenants of the Issuer.” If an Event of Default has occurred and is continuing, the Issuer will continue to disburse funds from the Transaction Accounts as specified in the Trust Agreement except to the extent otherwise instructed by the Indenture Trustee acting at the direction of the Controlling Party. The Indenture Trustee may instruct the Issuer to make such disbursements at any time, but only (a) to pay amounts owing in respect of the notes and under the Indenture or (b) in accordance with the payment priorities set forth in Trust Agreement.
