Common use of Project Accounts as Deposit Account Clause in Contracts

Project Accounts as Deposit Account. (a) The parties hereto agree that, to the extent that the Project Accounts are not considered “securities accounts” (within the meaning of Section 8-501(a) of the UCC), the Project Accounts shall be deemed to be deposit accounts (as defined in Section 9-102(a)(29) of the UCC) to the extent a security interest can be granted and perfected under the UCC in the Project Accounts as deposit accounts, which the Borrower shall maintain with the Accounts Bank acting not as Securities Intermediary but as a “bank” (within the meaning of Section 9-102(a)(8) of the UCC).

Appears in 3 contracts

Samples: Possession Accounts Agreement (First United Ethanol LLC), Accounts Agreement (Advanced BioEnergy, LLC), Accounts Agreement (Advanced BioEnergy, LLC)

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Project Accounts as Deposit Account. (a) The parties hereto agree that, notwithstanding the provisions of this Agreement, to the extent that the Project Accounts are not considered to be “securities accounts” (within the meaning of Section 8-501(a) of the UCC), the Project Accounts shall be deemed to be deposit accounts (as defined in Section 9-102(a)(29) of the UCC) to the extent a security interest can be granted and perfected under the UCC in the Project Accounts as deposit accounts), which the Borrower shall maintain with the Accounts Bank Bank, acting not as Securities Intermediary “securities intermediary” but as a “bank” (within the meaning of Section 9-102(a)(8) of the UCC).

Appears in 2 contracts

Samples: Accounts Agreement (Bloom Energy Corp), Accounts Agreement (Bloom Energy Corp)

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