Common use of Partial Subordination of Bank’s Rights Clause in Contracts

Partial Subordination of Bank’s Rights. Bank hereby subordinates to the security interest of Secured Party in the Collateral Accounts (i) any security interest which Bank may have or acquire in the Collateral Accounts, and (ii) any right which Bank may have or acquire to set off or otherwise apply any Collateral Account Funds against the payment of any indebtedness from time to time owing to Bank from Company, except for debits to the Collateral Accounts permitted under this Agreement for the payment of Returned Item Amounts or Bank Fees.

Appears in 13 contracts

Samples: Deposit Account Control Agreement (Exeter Automobile Receivables Trust 2021-1), Control Agreement (Exeter Automobile Receivables Trust 2021-1), Control Agreement (Exeter Automobile Receivables Trust 2020-3)

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Partial Subordination of Bank’s Rights. Bank hereby subordinates to the security interest of Secured Party in the Collateral Accounts (i) any security interest which Bank may have or acquire in the Collateral Accounts, and (ii) any right which Bank may have or acquire to set off or otherwise apply any Collateral Account Funds against the payment of any indebtedness from time to time owing to Bank from Company, except for debits to the Collateral Accounts permitted under this Agreement for the payment of Returned Item Amounts, Settlement Item Amounts or Bank Fees.

Appears in 8 contracts

Samples: Control Agreement (Exeter Automobile Receivables Trust 2022-6), Account Control Agreement (Exeter Automobile Receivables Trust 2022-5), Deposit Account Control Agreement (Exeter Automobile Receivables Trust 2022-5)

Partial Subordination of Bank’s Rights. Bank hereby subordinates to the security interest of Secured Party in the Collateral Accounts Restricted Account (i) any security interest which Bank may have or acquire in the Collateral AccountsRestricted Account, and (ii) any right which Bank may have or acquire to set off or otherwise apply any Collateral Account Funds against the payment of any indebtedness from time to time owing to Bank from Company, except for debits to the Collateral Accounts Restricted Account permitted under this Agreement for the payment of Returned Item Amounts or Bank Fees.

Appears in 5 contracts

Samples: Ratification and Assumption Agreement (Great Lakes Dredge & Dock CORP), Loan and Security Agreement (Fluidigm Corp), Loan and Security Agreement (Fluidigm Corp)

Partial Subordination of Bank’s Rights. Bank hereby subordinates to the security interest of Secured Party in the Collateral Accounts (i) any security interest which Bank may have or acquire in the Collateral Accounts, and (ii) any right which Bank may have or acquire to set off or otherwise apply any Collateral Account Funds against the payment of any indebtedness from time to time owing to Bank from Company, except for debits to the Collateral Accounts permitted under this Agreement for the payment of Returned Item Amounts or Bank Fees.from

Appears in 4 contracts

Samples: Control Agreement (Exeter Automobile Receivables Trust 2021-3), Deposit Account Control Agreement (Exeter Automobile Receivables Trust 2021-3), Control Agreement (Exeter Automobile Receivables Trust 2021-2)

Partial Subordination of Bank’s Rights. Bank hereby subordinates to the security interest of Secured Party in the Collateral Accounts (i) any security interest which Bank may have or acquire in the Collateral Accounts, and (ii) any right which Bank may have or acquire to set off or otherwise apply any Collateral Account Funds against the payment of any indebtedness from time to time owing to Bank from Company, except for debits to the Collateral Accounts permitted under this Agreement for the payment of Returned Item Amounts or Bank Fees.Accounts

Appears in 2 contracts

Samples: Account Control Agreement (Exeter Automobile Receivables Trust 2022-3), Deposit Account Control Agreement (Exeter Automobile Receivables Trust 2022-3)

Partial Subordination of Bank’s Rights. Bank hereby subordinates to the respective security interest interests of Secured Party each of the Agents in the Collateral Accounts (i) any security interest which Bank may have or acquire in the Collateral Accounts, and (ii) any right which Bank may have or acquire to set off or otherwise apply any Collateral Account Funds against the payment of any indebtedness from time to time owing to Bank from Company, except for debits to the Collateral Accounts permitted under this Agreement for the payment of Returned Item Amounts, Settlement Item Amounts or Bank Fees.

Appears in 2 contracts

Samples: Security Agreement (Chinos Holdings, Inc.), Security Agreement (J Crew Group Inc)

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Partial Subordination of Bank’s Rights. Bank hereby subordinates to the security interest or liens of each Secured Party in the Collateral Accounts (i) any security interest or liens which Bank may have or acquire in the Collateral Accounts, and (ii) any right which Bank may have or acquire to set off or otherwise apply any Collateral Account Funds against the payment of any indebtedness from time to time owing to Bank from Company, except for debits to the Collateral Accounts permitted under this Agreement for the payment of Returned Item Amounts, Settlement Item Amounts or Bank Fees.

Appears in 2 contracts

Samples: Control Agreement (1847 Goedeker Inc.), Control Agreement (1847 Holdings LLC)

Partial Subordination of Bank’s Rights. Bank hereby subordinates to the security interest of Secured Party in the Collateral Accounts Restricted Account (i) any security interest which Bank may have or acquire in the Collateral AccountsRestricted Account, and (ii) any right which Bank may have or acquire to set off or otherwise apply any Collateral Account Funds against the payment of any indebtedness from time to time owing to Bank from Company, except for debits to the Collateral Accounts Restricted Account permitted under this Agreement for the payment of Returned Item Amounts, Settlement Item Amounts or Bank Fees.

Appears in 1 contract

Samples: Restricted Account Agreement (GeoMet, Inc.)

Partial Subordination of Bank’s Rights. Bank hereby subordinates to the security interest of Secured Party in the Collateral Accounts (i) any security interest which Bank may have or acquire in the Collateral Accounts, and (ii) any right which Bank may have or acquire to set off or otherwise apply any Collateral Account Funds against the payment of any indebtedness from time to time owing to Bank from Company, except for debits to the Collateral Accounts permitted under this Agreement for the payment of Returned Item Amounts or Bank Fees.off

Appears in 1 contract

Samples: Control Agreement (Exeter Automobile Receivables Trust 2021-4)

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