Pledged Account. The Custodian shall upon receipt of Proper Instructions from a Fund establish and maintain a pledged account or accounts for and on behalf of such Fund, into which account or accounts may be transferred cash and/or securities, including securities maintained in an account by the Custodian pursuant to Section 2.10 hereof, (i) in accordance with the provisions of any agreement among such Fund , the Custodian and a broker-dealer registered under the Exchange Act and a member of the NASD (or any futures commission merchant registered under the Commodity Exchange Act), relating to compliance with the rules of The Options Clearing Corporation and of any registered national securities exchange (or the Commodity Futures Trading Commission or any registered contract market), or of any similar organization or organizations, regarding escrow or other arrangements in connection with transactions by such Fund, (ii) for purposes of segregating cash or government securities in connection with options purchased, sold or written by such Fund or commodity futures contracts or options thereon purchased or sold by such Fund, (iii) for the purposes of compliance by such Fund with the procedures required by Investment Company Act Release No. 10666, and subsequent release or releases of the Securities and Exchange Commission relating to the maintenance of segregated accounts by registered investment companies and (iv) for other proper corporate purposes, but only, in the case of clause (iv), upon receipt of, in addition to Proper Instructions from such Fund , a certified copy of a resolution of the Board or of the Executive Committee of such Fund signed by an officer of such Fund and certified by the Secretary or an Assistant Secretary, setting forth the purpose or purposes of such segregated account.
Pledged Account. As security for the full repayment, discharge and performance of the Secured Liabilities, the Pledgor irrevocably pledges to the Beneficiaries the Pledged Account to the credit of which its Shareholder Interest has been credited, pursuant to Article L. 431-4 of the French Monetary and Financial Code (Code monétaire et financier) (as modified by the ordonnance no. 2005-171 dated 24 February 2005) until the Discharge Date.
Pledged Account. The Collateral Agent shall promptly give its consent to any entitlement order of Pledgor in respect of the Pledged Account delivered to the Financial Institution to the extent such entitlement order is for the purpose of effecting a substitution of, addition to or delivery of Collateral that is permitted by this Agreement and complies with the relevant provisions of this Agreement.
Pledged Account. The Pledgor shall not close or transfer:
(a) the Securities Account unless a new Securities Account Holder has been approved by the Notes Foreign Collateral Agent and has agreed in writing to be bound by the terms of this Agreement;
(b) the Cash Account unless a new Cash Account Holder has been approved by the Notes Foreign Collateral Agent, it being specified that, in both cases, any transfer of the Securities Account to a new Securities Account Holder or any transfer of the Cash Account to a new Cash Account Holder shall not impair or affect the Pledge created hereunder.
Pledged Account. At all times, Grantor will cause the Pledged Account to be maintained in accordance with the PSA Agreement and the Operated Escrow Agreement.
Pledged Account. Borrowers shall grant Bank, as additional security for the Bank Indebtedness, a security interest in certain investment property owned by Borrowers and maintained with Bank in Account No. INF05268 (the “Pledged Account”). If, at any time and from time to time, the value of the Pledged Account, as determined by Bank in its reasonable discretion, is less than Two Million Six Hundred Thousand Dollars ($2,600,000.00) (the amount by which the value of the Pledged Account is less than Two Million Six Hundred Thousand Dollars ($2,600,000.00) being referred to herein as a “Deficiency”), and the Borrowers do not deposit sufficient investment property to reduce the Deficiency to $0 within three (3) Business Days of written notice from the Bank that such Deficiency exists, the Bank shall have the right to institute a reserve (a “Deficiency Reserve”) against the Borrowing Base Amount in an amount equal to the Deficiency.”
(b) Notwithstanding anything to the contrary set forth in the Loan Documents, including, without limitation, Section 5 of the Third Amendment, upon the occurrence of the Specified Events, Bank shall (i) not be obligated to release its lien on the Pledged Account, except in its sole discretion and (ii) continue to have the right to institute a Deficiency Reserve from time to time. As used herein, “Specified Events” means, Bank’s receipt of evidence that Borrowers have complied with the financial covenants set forth in Section 8 of the Loan Agreement for Borrowers’ fiscal year ending December 31, 2007, provided that no Event of Default shall have occurred and be continuing.
Pledged Account. At all times, maintain US Government Money Market Funds and/or FDIC Institutional Insured Liquid Deposits having a fair market value of not less than $55,000,000 in the Pledged Account.
Pledged Account. Maintain, at all times through and including the date on which Borrower satisfies the Cash Pledge Release Milestone, unrestricted funds in the Pledged Account of at least the Minimum Pledged Account Value.
Pledged Account. Cause each Financed Asset (other than real estate) to be duly deposited in, or credited to, the Pledged Account simultaneously with Borrower’s acquisition of each such Financed Asset, and thereafter cause each such Financed Asset to be continuously maintained in the Pledged Account until any release of such Financed Asset from Bank’s Lien as set forth in Section 2.1(g) hereof.
Pledged Account. Cause CHC LP Holdings, L.L.C. to maintain at least $1,000,000 in the Pledged Account (Borrower agreeing that no proceeds of the Revolving Credit Note may be used to fund or maintain said account).
