Common use of Securities Accounts; Deposit Accounts Clause in Contracts

Securities Accounts; Deposit Accounts. Subject to the Security Agreement and except as permitted by SECTION 5.01(v), it shall not establish or maintain any Securities Account, Deposit Account or similar account unless the Collateral Agent shall have received a Control Agreement in respect of such Securities Account, Deposit Account or similar account; provided that this requirement shall not apply to (A) any Deposit Account with an average daily balance of less than $100,000, so long as the aggregate daily balances in all such accounts do not exceed $1,000,000, (B) any payroll, withholding tax or other fiduciary account, or (C) any account for payment of workers compensation and employment claims. Each Credit Party shall comply in all material respects with the provisions of each Control Agreement to which it is a party.

Appears in 1 contract

Samples: Revolving Credit Agreement (James River Coal CO)

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Securities Accounts; Deposit Accounts. Subject to the Security Agreement and except as permitted by SECTION 5.01(v), it shall not establish or maintain any Securities Account, Deposit Account or similar account unless the Collateral Agent shall have received a Control Agreement in respect of such Securities Account, Deposit Account or similar account; provided that that, this requirement shall not apply to (A) any Deposit Account with an average daily balance of less than $100,000, so long as the aggregate daily balances in all such accounts do not exceed $1,000,000, (B) any payroll, withholding tax or other fiduciary account, account or (C) any account for payment of workers compensation and employment claims. Each Credit Party shall comply in all material respects with the provisions of each Control Agreement to which it is a party. (e) Section 9.

Appears in 1 contract

Samples: Revolving Credit Agreement (James River Coal CO)

Securities Accounts; Deposit Accounts. Subject to the Security Agreement and except as permitted by SECTION 5.01(v), it shall not establish or maintain any Securities Account, Deposit Account or similar account unless the Collateral Agent shall have received a Control Agreement in respect of such Securities Account, Deposit Account or similar account; provided that that, this requirement shall not apply to (A) any Deposit Account with an average daily balance of less than $100,000, so long as the aggregate daily balances in all such accounts do not exceed $1,000,000, (B) any payroll, withholding tax or other fiduciary account, account or (C) any account for payment of workers compensation and employment claims. Each Credit Party shall comply in all material respects with the provisions of each Control Agreement to which it is a party. (f) Section 9.

Appears in 1 contract

Samples: Term Credit Agreement (James River Coal CO)

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Securities Accounts; Deposit Accounts. Subject to the Security Agreement and except as permitted by SECTION 5.01(v), it shall not establish or maintain any Securities Account, Deposit Account or similar account unless the Collateral Agent shall have received a Control Agreement in respect of such Securities Account, Deposit Account or similar account; provided that this requirement shall not apply to (A) any Deposit Account or Securities Account with an average daily balance of less than $100,000, so long as the aggregate daily balances in all such accounts do not exceed $1,000,000, (B) any payroll, withholding tax or other fiduciary account, or (C) any account for payment of workers compensation and employment claims. Each Credit Party shall comply in all material respects with the provisions of each Control Agreement to which it is a party.

Appears in 1 contract

Samples: Superpriority Debtor in Possession Credit Agreement (James River Coal CO)

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