Common use of Investment and Control of Accounts Clause in Contracts

Investment and Control of Accounts. (a) All interest earned on amounts deposited into the Accounts shall be held in the Accounts and shall be used or disbursed as provided herein and in the Amended and Restated Deposit Account Agreement for the benefit of Borrower. Neither Lender nor the Servicer shall have any liability for any loss of interest on funds in any Accounts and no such loss shall affect Borrower's obligation to fund any Account as required hereunder. Borrower hereby pledges, assigns and grants a lien and security interest to Lender, as security for payment of all sums due under the Loan and the performance of all other terms, conditions and provisions of the Loan Documents and this Agreement on Borrower's part to be paid and performed, of all Borrower's right, title and interest in and to the Deposit Account and all other accounts and subaccounts maintained from time to time under the Amended and Restated Deposit Account Agreement (collectively, the "Accounts"). Borrower shall not, without obtaining the prior written consent of Lender, further pledge, assign or grant any lien or security interest in any Account, or permit any lien or encumbrance to attach thereto, or any levy to be made thereon, or any UCC-1 Financing Statements, except those naming Lender as the secured party, to be filed with respect thereto. This Agreement is, among other things, intended by the parties to be a security agreement for purposes of the Uniform Commercial Code in effect in New York and each other jurisdiction in which Accounts may be located.

Investment and Control of Accounts. (a) All interest earned on amounts deposited into the Accounts shall be held in the Accounts and shall be used or disbursed as provided herein and in the Amended and Restated Deposit Account Agreement for the benefit of Borrower. Neither Lender nor the Servicer shall have any liability for any loss of interest on funds in any Accounts and no such loss shall affect Borrower's obligation to fund any Account as required hereunder. Borrower hereby pledges, assigns and grants a lien and security interest to Lender, as security for payment of all sums due under the Loan and the performance of all other terms, conditions and provisions of the Loan Documents and this Agreement on Borrower's part to be paid and performed, of all Borrower's right, title and interest in and to the Deposit Account and all other accounts and subaccounts maintained from time to time under the Amended and Restated Deposit Account Agreement (collectively, the "Accounts"). Borrower shall not, without obtaining the prior written consent of Lender, further pledge, assign or grant any lien or security interest in any Account, or permit any lien or encumbrance to attach thereto, or any levy to be made thereon, or any UCC-1 Financing Statements, except those naming Lender as the secured party, to be filed with respect thereto. This Agreement is, among other things, intended by the parties to be a security agreement for purposes of the Uniform Commercial Code in effect in New York and each other jurisdiction in which Accounts may be located.

Investment and Control of Accounts. (a) All interest earned on amounts deposited into the Accounts shall be held in the Accounts and shall be used or disbursed as provided herein and in the Amended and Restated Deposit Account Agreement for the benefit of Borrower. Neither Lender nor the Servicer shall have any liability for any loss of interest on funds in any Accounts and no such loss shall affect Borrower's obligation to fund any Account as required hereunder. Borrower hereby pledges, assigns and grants a lien and security interest to Lender, as security for payment of all sums due under the Loan and the performance of all other terms, conditions and provisions of the Loan Documents and this Agreement on Borrower's part to be paid and performed, of all Borrower's right, title and interest in and to the Deposit Account and all other accounts and subaccounts maintained from time to time under the Amended and Restated Deposit Account Agreement (collectively, the "AccountsACCOUNTS"). Borrower shall not, without obtaining the prior written consent of Lender, further pledge, assign or grant any lien or security interest in any Account, or permit any lien or encumbrance to attach thereto, or any levy to be made thereon, or any UCC-1 UCC Financing Statements, except those naming Lender as the secured party, to be filed with respect thereto. This Agreement is, among other things, intended by the parties to be a security agreement for purposes of the Uniform Commercial Code in effect in New York and each other jurisdiction in which Accounts may be located.

Investment and Control of Accounts. (a) All interest earned on amounts deposited into the Accounts shall be held in the Accounts and shall be used or disbursed as provided herein and in the Amended and Restated Deposit Account Agreement for the benefit of Borrower. Neither Lender nor the Servicer shall have any liability for any loss of interest on funds in any Accounts and no such loss shall affect Borrower's obligation to fund any Account as required hereunder. Borrower hereby pledges, assigns and grants a lien and security interest to Lender, as security for payment of all sums due under the Loan and the performance of all other terms, conditions and provisions of the Loan Documents and this Agreement on Borrower's part to be paid and performed, of all Borrower's right, title and interest in and to the Deposit Account and all other accounts and subaccounts maintained from time to time under the Amended and Restated Deposit Account Agreement (collectively, the "AccountsACCOUNTS"). Borrower shall not, without obtaining the prior written consent of Lender, further pledge, assign or grant any lien or security interest in any Account, or permit any lien or encumbrance to attach thereto, or any levy to be made thereon, or any UCC-1 Financing Statements, except those naming Lender as the secured party, to be filed with respect thereto. This Agreement is, among other things, intended by the parties to be a security agreement for purposes of the Uniform Commercial Code in effect in New York and each other jurisdiction in which Accounts may be located.