Proceeds of Accounts. The Borrower shall instruct all account debtors and other Persons obligated in respect of all Accounts (including all obligors in respect of the HELOCs) to make all payments in respect of the Accounts either (a) directly to the Lender (by instructing that such payments be remitted to a post office box which shall be under the control of the Lender) or (b) to one or more other banks in the United States of America (by instructing that such payments be remitted to a post office box which shall be under the control of the Lender) under arrangements, in form and substance satisfactory to the Lender, pursuant to which the Borrower shall have irrevocably instructed such other bank (and such other bank shall have agreed) to remit all proceeds of such payments directly to the Lender for deposit into the Collateral Account. All payments made to the Lender, as provided in the preceding sentence, shall be immediately deposited in the Collateral Account. In addition to the foregoing, the Borrower agrees that if the proceeds of any Collateral hereunder (including the payments made in respect of Accounts) shall be received by it, the Borrower shall as promptly as possible deposit such proceeds into the Collateral Account. Until so deposited, all such proceeds shall be held in trust by the Borrower for and as the property of the Lender and shall not be commingled with any other funds or property of the Borrower.
Appears in 2 contracts
Samples: Hypothecation Loan Agreement (Chase Preferred Capital Corp), Security and Assignment Agreement (Chase Preferred Capital Corp)
Proceeds of Accounts. The Except as permitted by Section 5.01(b) hereof, the Borrower shall instruct all account debtors and other Persons obligated in respect of all Accounts (including all obligors in respect of the HELOCs) to make all payments in respect of the Accounts either (a) directly to the Lender Agent (by instructing that such payments be remitted to a post office box which shall be in the name and under the control of the LenderAgent) or (b) to one or more other banks in the United States of America (by instructing that such payments be remitted to a post office box which shall be in the name and under the control of the LenderAgent) under arrangements, in form and substance satisfactory to the LenderAgent, pursuant to which the Borrower shall have irrevocably instructed such other bank (and such other bank shall have agreed) to remit all proceeds of such payments directly to the Lender Agent for deposit into the Collateral Account. All payments made to the LenderAgent, as provided in the preceding sentence, shall be immediately deposited in the Collateral Account. In addition to the foregoing, the Borrower agrees that if the proceeds of any Collateral hereunder (including the payments made in respect of Accounts) shall be received by it, the Borrower shall as promptly as possible deposit such proceeds into the Collateral Account. Until so deposited, all such proceeds shall be held in trust by the Borrower for and as the property of the Lender Agent (for the benefit of the Lenders) and shall not be commingled with any other funds or property of the Borrower.
Appears in 1 contract
Proceeds of Accounts. The Borrower shall At any time after the occurrence and during the continuance of an Event of Default, each Securing Party shall, upon the request of the Collateral Agent, to the extent that the Collateral Agent does not otherwise exercise dominion and control over the depository bank accounts of such Securing Party, instruct all account debtors and other Persons obligated in respect of all Accounts (including all obligors in respect of the HELOCs) to make all payments in respect of the Accounts either (a) directly to the Lender Collateral Agent (by instructing that such payments be remitted to a post office box which shall be in the name and under the control of the LenderCollateral Agent) or (b) to one or more other banks in the United States of America (by instructing that such payments be remitted to a post office box which shall be in the name and under the control of the LenderCollateral Agent) under arrangements, in form and substance reasonably satisfactory to the Lender, Collateral Agent pursuant to which the Borrower such Securing Party shall have irrevocably instructed such other bank (and such other bank shall have agreed) to remit all proceeds of such payments directly to the Lender Collateral Agent for deposit into the Collateral AccountAccount if required by the Collateral Agent. All payments made to the LenderCollateral Agent, as provided in the preceding sentence, shall be immediately deposited in the Collateral Account. In addition to the foregoing, each Securing Party agrees that, at any time after the Borrower agrees that occurrence and during the continuance of an Event of Default, if the proceeds of any Collateral hereunder (including the payments made in respect of Accounts) shall be received by it, such Securing Party shall, upon the Borrower shall request of the Collateral Agent, as promptly as possible deposit such proceeds into the Collateral Account. Until so deposited, all such proceeds shall be held in trust by such Securing Party for the Borrower for and as the property benefit of the Lender Collateral Agent and shall not be commingled with any other funds or property of the Borrowersuch Securing Party.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Winstar Communications Inc)
Proceeds of Accounts. The Borrower Company shall within 90 days of the Closing Date instruct all account debtors and other Persons obligated in respect of all Accounts (including all obligors in respect of the HELOCs) to make all payments in respect of the Accounts either (a) directly to the Lender Agent (by instructing that such payments be remitted to a post office box which shall be in the name and under the control of the LenderAgent) or (b) to one or more other banks in the United States of America (by instructing that such payments be remitted to a post office box which shall be in the name and under the control of the Lendersuch other bank(s)) under arrangements, in form and substance satisfactory to the Lender, Agent pursuant to which the Borrower Company shall have irrevocably instructed such other bank bank(s) (and such other bank bank(s) shall have agreed) to remit all proceeds of such payments directly to the Lender Agent for deposit into the Collateral Account. All payments made to the LenderAgent, as provided in the preceding sentence, shall be immediately deposited in the Collateral Account. In addition to the foregoing, the Borrower Company agrees that if the proceeds of any Collateral hereunder (including the payments made in respect of Accounts) shall be received by it, the Borrower Company shall as promptly as possible deposit such proceeds into the Collateral Account. Until so deposited, all such proceeds shall be held in trust by the Borrower Company for and as the property of the Lender Agent and shall not be commingled with any other funds or property of the BorrowerCompany.
Appears in 1 contract