Common use of Excluded Accounts Clause in Contracts

Excluded Accounts. The accounts described in items 6 through 11 on Schedule 5.21(B) (Deposit and Securities Accounts). TO: Bank of America, N.A., as Lender RE: Credit Agreement, dated as of February 21, 2012, by and among The Xxxxxxx Group, Inc., a Florida corporation (the “Borrower”), the Guarantors, and Bank of America, N.A. (the “Lender”) (as amended, modified, extended, restated, replaced, or supplemented from time to time, the “Credit Agreement”; capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Credit Agreement) DATE: [Date] The undersigned Responsible Officer1 hereby certifies as of the date hereof that [he/she] is the [ ] of the Borrower, and that, as such, [he/she] is authorized to execute and deliver this Certificate to the Lender on the behalf of the Borrower and the other Loan Parties, and not in any individual capacity, and that:

Excluded Accounts. The accounts described in items 6 through 11 on Schedule 5.21(B) (Deposit and Securities Accounts). TO: Bank of America, N.A., as Lender RE: Amended and Restated Credit Agreement, dated as of February 21August 27, 20122013, by and among The Xxxxxxx Group, Inc., a Florida corporation (the “Borrower”), the Guarantors, and Bank of America, N.A. (the “Lender”) (as amended, modified, extended, restated, replaced, or supplemented from time to time, the “Credit Agreement”; capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Credit Agreement) DATE: [Date] The undersigned Responsible Officer1 hereby certifies as of the date hereof that [he/she] is the [ ] of the Borrower, and that, as such, [he/she] is authorized to execute and deliver this Compliance Certificate to the Lender on the behalf of the Borrower and the other Loan Parties, and not in any individual capacity, and that: