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

Representations, Warranties and Covenants of the Bank. The Bank makes the following representations, warranties and covenants: (i) The Account has been established as set forth in Section 1 above and will be maintained in the manner set forth herein until this Agreement is terminated. The Bank will not change the name or account number of the Account without the prior written consent of the Secured Party. (ii) Neither the Account nor any funds or deposits at any time held therein or credited thereto is or will be evidenced by any instrument (as defined in Section 9-102 of the UCC) or constitutes or will constitute investment property (as defined in Section 9-102 of the UCC) (iii) This Agreement is a valid and binding agreement of the Bank enforceable in accordance with its terms. (iv) The Bank has not entered into, and until the termination of this Agreement will not enter into, any agreement with any person (other than the Secured Party) relating to the Account and/or any funds or deposits held therein or credited thereto pursuant to which it has agreed, or will agree, to comply with instructions of such person. The Bank has not entered into any other agreement with the Lien Grantor or the Secured Party purporting to limit or condition the obligation of the Bank to comply with instructions originated by the Secured Party as agreed in Section 3 hereof.

Appears in 5 contracts

Samples: Notes Security Agreement (Tower Automotive, LLC), Abl Security Agreement (Tower Automotive, LLC), First Lien Term Loan Security Agreement (Tower Automotive, LLC)

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Representations, Warranties and Covenants of the Bank. The Bank makes the following representations, warranties and covenants: (i) The Account has been established as set forth in Section 1 above and will be maintained in the manner set forth herein until this Agreement is terminated. The Bank will not change the name or account number of the Account without the prior written consent of the Secured Party. (ii) Neither the Account nor any funds or deposits at any time held therein or credited thereto is or will be evidenced by any instrument (as defined in Section 9-102 of the UCC) or constitutes or will constitute investment property (as defined in Section 9-102 of the UCC) (iii) This Agreement is a valid and binding agreement of the Bank enforceable in accordance with its terms. (iv) The Bank has not entered into, and until the termination of this Agreement will not enter into, any agreement with any person (other than the Secured Party) relating to the Account and/or any funds or deposits held therein or credited thereto pursuant to which it has agreed, or will agree, to comply with instructions of such person. The Bank has not entered into any other agreement with the Lien Grantor or the Secured Party purporting to limit or condition the obligation of the Bank to comply with instructions originated by the Secured Party as agreed in Section 3 2 hereof.

Appears in 3 contracts

Samples: Credit Agreement (Tenneco Inc), Collateral Agreement (Tenneco Inc), Collateral Agreement (Tenneco Inc)

Representations, Warranties and Covenants of the Bank. The Bank makes the following representations, warranties and covenants: (i) The Account has been established as set forth in Section 1 above and will be maintained in the manner set forth herein until this Agreement is terminatedabove. The Bank will not change the name or account number of the Account without the prior written consent of the Secured Party. (ii) Neither the Account nor any funds or deposits at any time held therein or credited thereto is or will be evidenced by any instrument (as defined in Section 9-102 of the UCC) or constitutes or will constitute investment property (as defined in Section 9-102 of the UCC) (iii) This Agreement is a valid and binding agreement of the Bank enforceable in accordance with its terms. (iv) The Bank has not entered into, and until the termination of this Agreement Agreement, without the consent of the Secured Party, will not enter into, any agreement with any other person (other than the Secured PartyParty and the Grantor) relating to the Account and/or any funds or deposits held therein or credited thereto pursuant to which it has agreed, or will agree, to comply with instructions of such person. The Bank has not entered into any other agreement with the Lien Grantor or the Secured Party purporting to limit or condition the obligation of the Bank to comply with instructions originated by the Secured Party as agreed in Section 3 hereof.

Appears in 1 contract

Samples: Indenture (Molycorp, Inc.)

Representations, Warranties and Covenants of the Bank. The Bank makes the following representations, warranties and covenants: (i) The Account has been established as set forth in Section 1 above and will be maintained in the manner set forth herein until this Agreement is terminated. The Bank will not change the name or account number of the Account without the prior written consent of the Secured Party. (ii) Neither the Account nor any funds or deposits at any time held therein or credited thereto is or will be evidenced by any instrument (as defined in Section 9-102 of the UCC) or constitutes or will constitute investment property (as defined in Section 9-102 of the UCC) (iii) This Agreement is a valid and binding agreement of the Bank enforceable in accordance with its terms. (iv) The Bank has not entered into, and until the termination of this Agreement will not enter into, any agreement with any person (other than the Secured Party) relating to the Account and/or any funds or deposits held therein or credited thereto pursuant to which it has agreed, or will agree, to comply with instructions of such person. The Bank has not entered into any other agreement with the Lien Grantor or the Secured Party purporting to limit or condition the obligation of the Bank to comply with instructions originated by the Secured Party as agreed in Section 3 2 hereof.

Appears in 1 contract

Samples: Security Agreement (American Reprographics CO)

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Representations, Warranties and Covenants of the Bank. The Bank makes the following representations, warranties and covenants: (i) The Account has been established as set forth in Section 1 above and will be maintained in the manner set forth herein until this Agreement is terminated. The Bank will not change the name or account number of the Account without the prior written consent of the Secured Party. (ii) Neither the Account nor any funds or deposits at any time held therein or credited thereto is or will be evidenced by any instrument (as defined in Section 9-102 of the UCC) or constitutes or will constitute investment property (as defined in Section 9-102 of the UCC). (iii) This Agreement is a valid and binding agreement of the Bank enforceable in accordance with its terms. (iv) The Bank has not entered into, and until the termination of this Agreement will not enter into, any agreement with any person (other than the Secured Party) relating to the Account and/or any funds or deposits held therein or credited thereto pursuant to which it has agreed, or will agree, to comply with instructions of such person. The Bank has not entered into any other agreement with the Lien Grantor or the Secured Party purporting to limit or condition the obligation of the Bank to comply with instructions originated by the Secured Party as agreed in Section 3 2 hereof.

Appears in 1 contract

Samples: Master Agreement (Citigroup Inc)

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