Common use of Maintaining the Account Collateral Clause in Contracts

Maintaining the Account Collateral. So long as Discharge shall not have occurred, (a) From and after the date falling 60 days after the date hereof (or such later date as the Foreign Administrative Agent may reasonably determine), each Foreign Grantor (other than for the 30 days (or such later date as the Foreign Administrative Agent may reasonably determine) following the date an entity becomes an Additional Foreign Grantor hereunder as referenced in Section 5.01(k) of the Credit Agreement) will maintain deposit accounts (other than Excluded Accounts) only with the financial institution acting as Foreign Administrative Agent hereunder or with a bank (a “Pledged Account Bank”) that has executed and delivered to the Foreign Administrative Agent a control agreement, such agreement to be in form and substance reasonably satisfactory to the Foreign Administrative Agent (a “Deposit Account Control Agreement”). “Excluded Accounts” means (i) payroll accounts, (ii) trust accounts, (iii) escrow accounts or security deposits established pursuant to statutory obligations or for the payment of taxes or holding funds in trust for third parties not affiliated with the Company in the ordinary course of business or in connection with acquisitions, investments or dispositions permitted under the Credit Agreement, (iv) deposits in the ordinary course of business in connection with workers’ compensation, unemployment insurance and other types of social security, (v) reserve accounts expressly contemplated under the Plan and/or Disclosure Statement (including, but not limited to reserves expressly contemplated under the Plan and/or Disclosure Statement for diacetyl claims and environmental claims, and escrow accounts established pursuant to contractual obligations to third parties not affiliated with the Company for casualty payments and insurance proceeds), and (vi) deposit accounts with an aggregate balance of no more than $500,000 at any time.

Maintaining the Account Collateral. So long as Discharge shall not have occurred, (a) From and after the date falling 60 45 days after the date hereof (or such later date as the Foreign Administrative Agent may reasonably determine), each Foreign Grantor (other than for the 30 days (or such later date as the Foreign Administrative Agent may reasonably determine) following the date an entity becomes an Additional Foreign Grantor hereunder as referenced in Section 5.01(k) of the Credit Agreementhereunder) will maintain deposit accounts (other than Excluded Accounts) only with the financial institution acting as Foreign Administrative Agent hereunder or with a bank (a “Pledged Account Bank”) that has executed and delivered to the Foreign Administrative Agent a control agreement, such agreement to be in form and substance reasonably satisfactory to the Foreign Administrative Agent (a “Deposit Account Control Agreement”). “Excluded Accounts” means (i) payroll accounts, (ii) trust accounts, (iii) escrow accounts or security deposits established pursuant to statutory obligations or for the payment of taxes or holding funds in trust for third parties not affiliated with the Company in the ordinary course of business or in connection with acquisitions, investments or dispositions permitted under the Credit Agreement, (iv) deposits in the ordinary course of business in connection with workers’ compensation, unemployment insurance and other types of social security, (v) reserve accounts expressly contemplated under the Plan and/or Disclosure Statement (including, but not limited to reserves expressly contemplated under the Plan and/or Disclosure Statement for diacetyl claims and environmental claims, and escrow accounts established pursuant to contractual obligations to third parties not affiliated with the Company for casualty payments and insurance proceeds), and (vi) deposit accounts with an aggregate balance of no more than $500,000 at any time.

Maintaining the Account Collateral. So long as Discharge shall not have occurred, (a) From and after the date falling 60 45 days after the date hereof (or such later date as the Foreign Administrative Agent may reasonably determine), each Foreign Grantor (other than for the 30 days (or such later date as the Foreign Administrative Agent may reasonably determine) following the date an entity becomes an Additional Foreign Grantor hereunder as referenced in Section 5.01(k) of the Credit Agreement) will maintain deposit accounts (other than Excluded Accounts) only with the financial institution acting as Foreign Administrative Agent hereunder or with a bank (a “Pledged Account Bank”) that has executed and delivered to the Foreign Administrative Agent a control agreement, such agreement to be in form and substance reasonably satisfactory to the Foreign Administrative Agent (a “Deposit Account Control Agreement”). “Excluded Accounts” means (i) payroll accounts, (ii) trust accounts, (iii) escrow accounts or security deposits established pursuant to statutory obligations or for the payment of taxes or holding funds in trust for third parties not affiliated with the Company in the ordinary course of business or in connection with acquisitions, investments or dispositions permitted under the Credit Agreement, (iv) deposits in the ordinary course of business in connection with workers’ compensation, unemployment insurance and other types of social security, (v) reserve accounts expressly contemplated under the Plan and/or Disclosure Statement (including, but not limited to reserves expressly contemplated under the Plan and/or Disclosure Statement for diacetyl claims and environmental claims, and escrow accounts established pursuant to contractual obligations to third parties not affiliated with the Company for casualty payments and insurance proceeds), and (vi) deposit accounts with an aggregate balance of no more than $500,000 at any time.

Maintaining the Account Collateral. So long as Discharge shall not have occurred, (a) From and after the date falling 60 days after the date hereof (or such later date as the Foreign US Administrative Agent may reasonably determine), each Foreign US Grantor (other than for the 30 days (or such later date as the Foreign US Administrative Agent may reasonably determine) following the date an entity becomes an Additional Foreign US Grantor hereunder as referenced in Section 5.01(k) of the Credit Agreement) will maintain deposit accounts (other than Excluded Accounts) only with the financial institution acting as Foreign US Administrative Agent hereunder or with a bank (a “Pledged Account Bank”) that has executed and delivered to the Foreign US Administrative Agent a control agreement, such agreement to be in form and substance reasonably satisfactory to the Foreign US Administrative Agent (a “Deposit Account Control Agreement”). “Excluded Accounts” means (i) payroll accounts, (ii) trust accounts, (iii) escrow accounts or security deposits established pursuant to statutory obligations or for the payment of taxes or holding funds in trust for third parties not affiliated with the Company in the ordinary course of business or in connection with acquisitions, investments or dispositions permitted under the Credit Agreement, (iv) deposits in the ordinary course of business in connection with workers’ compensation, unemployment insurance and other types of social security, (v) reserve accounts expressly contemplated under the Plan and/or Disclosure Statement (including, but not limited to reserves expressly contemplated under the Plan and/or Disclosure Statement for diacetyl claims and environmental claims, and escrow accounts established pursuant to contractual obligations to third parties not affiliated with the Company for casualty payments and insurance proceeds), and (vi) deposit accounts with an aggregate balance of no more than $500,000 at any time.