Common use of Representations, Warranties and Covenants of the Bank Clause in Contracts

Representations, Warranties and Covenants of the Bank. The Bank hereby makes the following representations, warranties and covenants: (i) The Designated Accounts have been established as set forth in Section 1 hereof and each Designated Account will be maintained in the manner set forth herein until termination of this Control Agreement. The Bank shall not change the name or account number of any Designated Account without the prior written consent of the Administrative Agent. (ii) The Bank is a “bank,” as such term is defined in the UCC. (iii) This Control Agreement is the valid and legally binding obligation of the Bank. (iv) The Bank has not entered into any agreement with any other Person pursuant to which it has agreed to comply with any orders or instructions with respect to any Designated Account. Until the termination of this Control Agreement, the Bank will not, without the written approval of the Administrative Agent, enter into any agreement with any Person pursuant to which it agrees to comply with any orders or instructions of such Person with respect to any Designated Account. (v) The Bank has not entered into any other agreement with the Company or the Administrative Agent purporting to limit or condition the obligation of the Bank to comply with any orders or instructions with respect to any Designated Account as set forth in Section 2 hereof.

Representations, Warranties and Covenants of the Bank. The Bank hereby makes the following representations, warranties and covenants: (i) The Designated Accounts have been been, or will be, established as set forth in Section 1 hereof and each Designated Account will be maintained in the manner set forth herein until termination of this Control Agreement. The Bank shall not change the name or account number of any Designated Account without the prior written consent of the Administrative AgentTrustee. (ii) The Bank is a “bank,” as such term is defined in the UCC. (iii) This Control Agreement is the valid and legally binding obligation of the Bank. (iv) The Bank has not entered into any agreement with any other Person pursuant to which it has agreed to comply with any orders or instructions with respect to any Designated Account. Until the termination of this Control Agreement, the Bank will not, without the written approval of the Administrative AgentTrustee, enter into any agreement with any Person pursuant to which it agrees to comply with any orders or instructions of such Person with respect to any Designated Account. (v) The Bank has not entered into any other agreement with the Company any Pledgor or the Administrative Agent Trustee purporting to limit or condition the obligation of the Bank to comply with any orders or instructions with respect to any Designated Account as set forth in Section 2 hereof.

Representations, Warranties and Covenants of the Bank. The Bank hereby makes the following representations, warranties and covenants: (i) The Designated Accounts have been established as set forth in Section 1 hereof and each Designated Account will be maintained in the manner set forth herein until termination of this Control Agreement. The Bank shall not change the name or account number of any Designated Account without the prior written consent of the Administrative Agent. (ii) The Bank is a “bank,” as such term is defined in the UCC. (iii) This Control Agreement is the valid and legally binding obligation of the Bank. (iviii) The Bank has not entered into any agreement with any other Person pursuant to which it has agreed to comply with any orders or instructions with respect to any Designated Account. Until the termination of this Control Agreement, the Bank will not, without the written approval of the Administrative Agent, enter into any agreement with any Person pursuant to which it agrees to comply with any orders or instructions of such Person with respect to any Designated Account. (viv) The Bank has not entered into any other agreement with the Company Pledgor or the Administrative Agent purporting to limit or condition the obligation of the Bank to comply with any orders or instructions with respect to any Designated Account as set forth in Section 2 hereof.

Representations, Warranties and Covenants of the Bank. The Bank hereby makes the following representations, warranties and covenants: (i) The Designated Accounts have been established as set forth in Section 1 hereof and each Designated Account will be maintained in the manner set forth herein until termination of this Control Agreement. The Bank shall not change the name or account number of any Designated Account without the prior written consent of the Administrative Agent. (ii) The Bank is a “bank,” as such term is defined in the UCC. (iii) This Control Agreement is the valid and legally binding obligation of the Bank. (iv) The Bank has not entered into any agreement with any other Person pursuant to which it has agreed to comply with any orders or instructions with respect to any Designated Account. Until the termination of this Control Agreement, the Bank will not, without the written approval of the Administrative Agent, enter into any agreement with any Person pursuant to which it agrees to comply with any orders or instructions of such Person with respect to any Designated Account. (v) The Bank has not entered into any other agreement with the Company Pledgor or the Administrative Agent purporting to limit or condition the obligation of the Bank to comply with any orders or instructions with respect to any Designated Account as set forth in Section 2 hereof.

Representations, Warranties and Covenants of the Bank. The Bank hereby makes the following representations, warranties and covenants: (i) The Designated Accounts have been established as set forth in Section 1 hereof and each Designated Account will be maintained in the manner set forth herein until termination of this Control Agreement, or until the Designated Accounts shall be closed in accordance with the terms of the Pledgor’s deposit agreement with the Bank. The Bank shall not change the name or account number of any Designated Account without the prior written consent of the Administrative AgentTrustee. (ii) The Bank is a “bank,” as such term is defined in the UCC. (iii) This Control Agreement is the valid and legally binding obligation of the Bank. (iv) The Bank has not entered into any agreement with any other Person pursuant to which it has agreed to comply with any orders or instructions with respect to any Designated Account. Until the termination of this Control Agreement, the Bank will not, without the written approval of the Administrative AgentTrustee, enter into any agreement with any Person pursuant to which it agrees to comply with any orders or instructions of such Person with respect to any Designated Account. (v) The Bank has not entered into any other agreement with the Company Pledgor or the Administrative Agent Trustee purporting to limit or condition the obligation of the Bank to comply with any orders or instructions with respect to any Designated Account as set forth in Section 2 hereof.

Representations, Warranties and Covenants of the Bank. The Bank hereby makes the following representations, warranties and covenants: (i) The Designated Accounts have been established as set forth in Section 1 hereof and each Designated Account will be maintained in the manner set forth herein until termination of this Control Agreement. The Bank shall not change the name or account number of any Designated Account without the prior written consent of the Grantor and the Administrative Agent. (ii) The Bank is a “"bank,” " as such term is defined in the UCC. (iii) This Control Agreement is the valid and legally binding obligation of the Bank. (iv) The Bank has not entered into any agreement with any other Person pursuant to which it has agreed to comply with any orders or instructions with respect to any Designated Account. Until the termination of this Control Agreement, the Bank will not, without the written approval of the Grantor and the Administrative Agent, enter into any agreement with any Person pursuant to which it agrees to comply with any orders or instructions of such Person with respect to any Designated Account. (v) The Bank has not entered into any other agreement with the Company Grantor or the Administrative Agent purporting to limit or condition the obligation of the Bank to comply with any orders or instructions with respect to any Designated Account as set forth in Section 2 hereof.