Performance of Account Agreements Sample Clauses

Performance of Account Agreements. The Debtor shall not, nor shall it permit the Bank to fail to comply with and perform its obligations under the applicable Account Agreements relating to the Accounts and the Credit Guidelines except insofar as any such failure to comply or perform would not materially and adversely affect the rights of the Trust, the Agent, or any Bank Investor in the Receivables or the collectibility of the Receivables. The Debtor shall not, nor shall it permit the Bank to, change the terms and provisions of the Account Agreements or the Credit Guidelines in any respect (including, without limitation, the calculation of the amount, and the timing, of uncollectible Receivables) except to the extent (i) such change is made applicable to the comparable segment of the consumer revolving credit accounts owned by the Guarantor, the Debtor or the Bank that have characteristics the same as, or substantially similar to, the Accounts that are the subject of such change or (ii) if the Guarantor, the Debtor or the Bank does not own such a comparable segment, the Debtor will not, nor will it permit the Bank to, make any such change with the intent to materially benefit itself over the Trust, the Agent, or any Bank Investor, and such change does not materially and adversely affect the rights of the Trust, the Agent or any Bank Investor in the Receivables or the collectibility of the Receivables. References to the Receivables in this paragraph shall be deemed to refer to the Receivables in the aggregate.
Sample 1See All (4)
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Performance of Account Agreements. The Transferor shall not fail to comply with and perform its obligations under the applicable Account Agreements relating to the Accounts and the Credit and Collection Policy except insofar as any such failure to comply or perform would not materially and adversely affect the rights of a Purchaser, the Administrative Agent, any of the Purchaser Agents or any Bank Investor in the Receivables or the collectibility of the Receivables. The Transferor shall not change the terms and provisions of the Account Agreement or the Credit and Collection Policy in any respect (including, without limitation, the calculation of the amount, and the timing, of uncollectible Receivables) with the intent to materially benefit itself over a Purchaser, the Administrative Agent, any of the Purchaser Agents or any Bank Investor, unless such change does not materially and adversely affect the rights of a Purchaser, the Administrative Agent, any of the Purchase Agents or any Bank Investor in the Receivables or the collectibility of the Receivables.
Sample 1
Performance of Account Agreements. The Transferor shall not, and shall not permit the Seller or Initial Purchaser to fail to comply with and perform its obligations under the applicable Account Agreements relating to the Accounts and the Credit and Collection Policy except insofar as any such failure to comply or perform would not materially and adversely affect the rights of a Purchaser, the Administrative Agent, any of the Purchaser Agents or any Bank Investor in the Receivables or the collectibility of the Receivables. The Transferor shall not, and shall not permit the Seller or Initial Purchaser to, change the terms and provisions of the Account Agreement or the Credit and Collection Policy in any respect (including, without limitation, the calculation of the amount, and the timing, of uncollectible Receivables) with the intent to materially benefit itself over a Purchaser, the Administrative Agent, any of the Purchaser Agents or any Bank Investor, unless such change does not materially and adversely affect the rights of a Purchaser, the Administrative Agent, any of the Purchase Agents or any Bank Investor in the Receivables or the collectibility of the Receivables.
Sample 1
Performance of Account Agreements. The Guarantor shall not fail to comply with and perform its obligations under the applicable Account Agreements relating to the Accounts and the Credit Guidelines except insofar as any such failure to comply or perform would not materially and adversely affect the rights of the Company, the Agent, or any Bank Investor in the Receivables or the collectibility of the Receivables. The Guarantor shall not change the terms and provisions of the Account Agreements or the Credit Guidelines in any respect (including, without limitation, the calculation of the amount, and the timing, of uncollectible Receivables) except to the extent (i) such change is made applicable to the comparable segment of the consumer revolving credit accounts owned by the Guarantor, the Debtor or the Bank that have characteristics the same as, or substantially similar to, the Accounts that are the subject of such change or (ii) if the Guarantor, the Debtor or the Bank does not own such a comparable segment, the Guarantor will not make any such change with the intent to materially benefit itself over the Company, the Agent, or any Bank Investor,
Sample 1
Performance of Account Agreements. The Debtor shall not, nor shall it permit the Bank to fail to comply with and perform its obligations under the applicable Account Agreements relating to the Accounts and the Credit Guidelines except insofar as any such failure to comply or perform would not materially and adversely affect the rights of the Company, the Agent, or any Bank Investor in the Receivables or the collectibility of the Receivables. The Debtor shall not, nor shall it permit the Bank to, change the terms and provisions of the Account Agreements or the Credit Guidelines in any respect (including, without limitation, the calculation of the amount, and the timing, of uncollectible Receivables) except to the extent (i) such change is made applicable to the comparable segment of the consumer revolving credit accounts
Sample 1
Performance of Account Agreements. The Transferor shall not, and shall not permit the Seller to fail to comply with and perform its obligations under the applicable Account Agreements relating to the Accounts and the Credit and Collection Policy except insofar as any such failure to comply or perform would not materially and adversely affect the rights of the Company, the Agent, or any Bank Investor in the Receivables or the collectibility of the Receivables. The Transferor shall not change the terms and provisions of the Account Agreement or the Credit and Collection Policy in any respect (including, without limitation, the calculation of the amount, and the timing, of uncollectible Receivables) with the intent to materially benefit itself over the Company, the Agent, or any Bank Investor, unless such change does not materially and adversely affect the rights of the Company, the Agent or any Bank Investor in the Receivables or the collectibility of the Receivables.
Sample 1
Performance of Account Agreements. The Guarantor shall not fail to comply with and perform its obligations under the applicable Account Agreements relating to the Accounts and the Credit Guidelines except insofar as any such failure to comply or perform would not materially and adversely affect the rights of the Trust, the Agent, or any Bank Investor in the Receivables or the collectibility of the Receivables. The Guarantor shall not change the terms and provisions of the Account Agreements or the Credit Guidelines in any respect (including, without limitation, the calculation of the amount, and the timing, of uncollectible Receivables) except to the extent (i) such change is made applicable to the comparable segment of the consumer revolving credit accounts owned by the Guarantor, the Debtor or the Bank that have characteristics the same as, or substantially similar to, the Accounts that are the subject of such change or (ii) if the Guarantor, the Debtor or the Bank does not own such a comparable segment, the Guarantor will not make any such change with the intent to materially benefit itself over the Trust, the Agent, or any Bank Investor, and such change does not materially and adversely affect the rights of the Trust, the Agent or any Bank Investor in the Receivables or the collectibility of the Receivables. References to the Receivables in this paragraph shall be deemed to refer to the Receivables in the aggregate.
Sample 1
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Related to Performance of Account Agreements

  • Account Control Agreements Account Control Agreements for all of Borrower’s deposit accounts and accounts holding securities duly executed by all of the parties thereto, in the forms provided by or reasonably acceptable to Lender.

  • Deposit Account Control Agreements the Deposit Account control agreements to be executed by each institution maintaining a Deposit Account for an Obligor, in favor of Agent, for the benefit of Secured Parties, as security for the Obligations.

  • Performance of Agreements Buyer shall have performed in all material respects all of its covenants, agreements and obligations required by this Agreement and each of the other Documents to be performed or complied with by it prior to or upon the Closing Date.

  • Deposit Account Control Agreement control agreement satisfactory to Agent executed by an institution maintaining a Deposit Account for an Obligor, to perfect Agent’s Lien on such account.

  • Account Control Agreement The provisions of Sections 8.02 and 8.05 are subject to the terms of the Account Control Agreement.

  • Payment of Accounts (a) Each of Company and each Eligible Subsidiary will irrevocably direct all of its present and future Account Debtors and other Persons obligated to make payments constituting Collateral to make such payments directly to the lockboxes maintained by Company and each Eligible Subsidiary (the "Lockboxes") with North Fork Bank, the Royal Bank of Canada or such other financial institution accepted by Laurus in writing as may be selected by Company and/or any Eligible Subsidiary (collectively, the "Lockbox Bank") pursuant to the terms of the documentation acceptable to Laurus. On or prior to the Closing Date, each of Company and each Eligible Subsidiary shall and shall cause the Lockbox Bank to enter into all such documentation acceptable to Laurus pursuant to which, among other things, the Lockbox Bank agrees to: (a) sweep the Lockbox on a daily basis and deposit all checks received therein to an account designated by Laurus in writing and (b) comply only with the instructions or other directions of Laurus concerning the Lockbox. All of Company's and each Eligible Subsidiary's invoices, account statements and other written or oral communications directing, instructing, demanding or requesting payment of any Account of Company or any Eligible Subsidiary or any other amount constituting Collateral shall conspicuously direct that all payments be made to the Lockbox or such other address as Laurus may direct in writing. If, notwithstanding the instructions to Account Debtors, Company or any Eligible Subsidiary receives any payments, Company or such Eligible Subsidiary, as the case may be, shall immediately remit such payments to Laurus in their original form with all necessary endorsements. Until so remitted, Company and each Eligible Subsidiary shall hold all such payments in trust for and as the property of Laurus and shall not commingle such payments with any of its other funds or property.

  • Control Agreements (i) Except to the extent otherwise excused by Section 7(k)(iv), each Grantor shall obtain an authenticated Control Agreement (which may include a Controlled Account Agreement), from each bank maintaining a Deposit Account or Securities Account for such Grantor;

  • Establishment of a Lockbox Account, Dominion Account All proceeds of Collateral shall be deposited by Borrower into either (i) a lockbox account, dominion account or such other “blocked account” (“Blocked Accounts”) established at a bank or banks (each such bank, a “Blocked Account Bank”) pursuant to an arrangement with such Blocked Account Bank as may be selected by Borrower and be acceptable to Agent or (ii) depository accounts (“Depository Accounts”) established at Agent for the deposit of such proceeds. Borrower, Agent and each Blocked Account Bank shall enter into a deposit account control agreement in form and substance satisfactory to Agent directing such Blocked Account Bank, upon notice from Agent, to transfer such funds so deposited to Agent, either to any account maintained by Agent at said Blocked Account Bank or by wire transfer to appropriate account(s) of Agent. All funds deposited in such Blocked Accounts shall immediately become the property of Agent and Borrower shall obtain the agreement by such Blocked Account Bank to waive any offset rights against the funds so deposited. Neither Agent nor any Lender assumes any responsibility for such blocked account arrangement, including any claim of accord and satisfaction or release with respect to deposits accepted by any Blocked Account Bank thereunder. All deposit accounts and investment accounts of Borrower are set forth on Schedule 4.15(g). Notwithstanding anything to the contrary set forth in this Section 4.15(g), Borrower shall be permitted to deposit checks or other payments received at Borrower’s locations in the Ordinary Course of Business in deposit accounts which may not be subject to a blocked account or similar agreements; provided that, at no time shall Borrower have more than $50,000 in the aggregate in all such accounts which are not Blocked Accounts or Depository Accounts.

  • Settlement of Accounts (a) On or before each Determination Date, the Servicer shall deliver, (i) to the Owner Trustee, the Settlor, the Lender, the Administrative Agent and the Collateral Agent, a monthly report with respect to the Lending Facility Pool (the “Monthly Lending Facility Pool Report”) and (ii) except as otherwise provided in the related Servicing Supplement, to the each related Secured Party, a monthly report with respect to each Designated Pool (each, a “Monthly Exchange Note Report”), in each case, documenting, as applicable, (A) all advances to be made to, and distributions (including Servicer reimbursements) to be made from, the related Collection Account or (B) the manner in which the Servicer will apply all collections on the related Pool received by the Servicer on or prior to the next Payment Date.

  • Performance of Contracts The Company shall not materially ------------------------ amend, modify, terminate, waive or otherwise alter, in whole or in part, any of the Employee Nondisclosure and Developments Agreements without the consent of the Company's Board of Directors.

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