Common use of General Provisions Regarding the Accounts Clause in Contracts

General Provisions Regarding the Accounts. (a) Promptly upon the establishment (initially or upon any relocation) of the Collateral Account hereunder, the Master Collateral Agent shall advise the Bank, WFAL 2, Financial Security and the Trustee in writing of the name and address of the depository institution at which such Collateral Account was established (if not Bankers Trust Company of California, N.A. or any successor Master Collateral Agent in its commercial banking capacity), the name of the officer of the depository institution who is responsible for overseeing the Collateral Account, the Collateral Account number and the individuals whose names appear on the signature cards for the Collateral Account. The Bank and WFAL 2 shall cause such depository institution to execute a written agreement, in form and substance satisfactory to the Controlling Party, waiving, in each case to the extent permitted under applicable law, (i) any banker's or other statutory or similar Lien, and (ii) any right of setoff or other similar right under applicable law with respect to the Collateral Account and agreeing to notify the Bank, WFAL 2, the Master Collateral Agent, Financial Security and the Trustee of any charge or claim against or with respect to the Collateral Account. The Master Collateral Agent shall give the Bank, WFAL 2, Financial Security and the Trustee at least ten (10) Business Days' prior written notice of any change in the location of the Collateral Account or in any related account information. Anything herein to the contrary notwithstanding, unless otherwise consented to by the Controlling Party in writing, the Master Collateral Agent shall have no right to change the location of the Collateral Account. (b) If at any time the Collateral Account ceases to be an Eligible Account, the Master Collateral Agent shall establish, in accordance with paragraph (a) of this Section, a successor Collateral Account thereto which shall be an Eligible Account at Bankers Trust Company of California, N.A. or at another depository institution acceptable to the Controlling Party. (c) Any investment of funds in the Collateral Account shall be made in accordance with the provisions of Section 3.02(c) hereof in the name of the Master Collateral Agent (in its capacity as such). Subject to the other provisions hereof, the Master Collateral Agent shall have sole control over each such investment and the income thereon, and any certificate or other instrument evidencing any such investment, if any, shall be delivered directly to the Master Collateral Agent, together with each document of transfer, if any, necessary to transfer title to such investment to the Master Collateral Agent in a manner which complies with Article II and this Section. (d) Subject to Section 4.03 hereof, the Master Collateral Agent shall not be liable by reason of any insufficiency in the Collateral Account resulting from any loss on any investment included therein except for losses attributable to the Master Collateral Agent's failure to make payments on investments as to which the Master Collateral Agent, in its commercial capacity, is obligated.

General Provisions Regarding the Accounts. (a) Promptly upon the establishment (initially or upon any relocation) relocation of the Collateral Account hereunder, the Master Collateral Agent shall advise the Bank, WFAL 2WFAL2, the IndentureTrustee, the Collateral Agent and Financial Security and the Trustee in writing of the name and address of the depository institution at to which such Collateral Account was established relocated (if not Bankers Deutsche Bank National Trust Company of California, N.A. or any successor Master Collateral Agent in its commercial banking capacity), the name of the officer of the depository institution who is responsible for overseeing the Collateral Account, the Collateral Account number and the individuals whose names appear on the signature cards for the Collateral Account. The Bank and WFAL 2 WFAL2 shall cause such depository institution to execute a written agreement, in form and substance satisfactory to the Controlling Party, waiving, in each case to the extent permitted under applicable law, (i) any banker's or other statutory or similar Lien, and (ii) any right of setoff or other similar right under applicable law with respect to the Collateral Account and agreeing to notify the Bank, WFAL 2WFAL2, the Master Collateral Agent, the Indenture Trustee, the Collateral Agent and Financial Security and the Trustee of any charge or claim against or with respect to the Collateral Account. The Master Collateral Agent shall give the Bank, WFAL 2WFAL2, the Indenture Trustee, the Collateral Agent and Financial Security and the Trustee at least ten (10) Business Days' prior written notice of any change in the location of the Collateral Account or in any related account information. Anything herein to the contrary notwithstanding, unless otherwise consented to by the Controlling Party in writing, the Master Collateral Agent shall have no right to change the location of the Collateral Account. (b) If at any time the Collateral Account ceases to be an Eligible Account, the Master Collateral Agent shall establish, in accordance with paragraph (a) of this Section, a successor Collateral Account thereto which shall be an Eligible Account at Bankers Deutsche Bank National Trust Company of California, N.A. or at another depository institution acceptable to the Controlling Party. (c) Any investment of funds in the Collateral Account shall be made in accordance with the provisions of Section 3.02(c3.03(c) hereof in the name of the Master Collateral Agent (in its capacity as such). Subject to the other provisions hereof, the Master Collateral Agent shall have sole control over each such investment and the income thereon, and any certificate or other instrument evidencing any such investment, if any, shall be delivered directly to the Master Collateral Agent, together with each document of transfer, if any, necessary to transfer title to such investment to the Master Collateral Agent in a manner which complies with Article II and this Section. (d) Subject to Section 4.03 hereof, the Master Collateral Agent shall not be liable by reason of any insufficiency in the Collateral Account resulting from any loss on any investment included therein except for losses attributable to the Master Collateral Agent's failure to make payments on investments as to which the Master Collateral Agent, in its commercial capacity, is obligated.