Separation of Collateral Sample Clauses

Separation of Collateral. (a) The Receivables Agent hereby agrees promptly to return to the Company funds or other property other than Specified Assets (or proceeds thereof, other than proceeds constituting Excluded Receivables Assets) which constitute Bank Collateral (or proceeds thereof); PROVIDED THAT the Company or the Bank Agent shall have identified such Bank Collateral or proceeds in writing to the Receivables Agent or an Authorized Officer of the Receivables Agent otherwise has actual knowledge of the identity of such Bank Collateral or proceeds; and PROVIDED FURTHER that if the Bank Agent shall so request in a written notice to the Receivables Agent, the Receivables Agent shall return such funds and property to the Bank Agent instead of to the Company. For purposes of maintaining the perfection of the Bank Agent's lien thereon, the Bank Agent hereby appoints the Receivables Agent as its agent in respect of such funds or other property. (b) The Bank Agent hereby agrees to promptly return to the Receivables Agent any funds or other property which constitute Specified Assets (or proceeds thereof); PROVIDED THAT the Receivables Agent shall have identified such Specified Assets or proceeds in writing to the Bank Agent or an officer of the Bank Agent otherwise has actual knowledge of the identity of such Specified Assets or proceeds. For purposes of maintaining the perfection of the Receivables Agent's interests therein, the Receivables Agent hereby appoints the Bank Agent as its agent with respect to such Specified Assets and proceeds. (c) All payments made by an Obligor that is obligated to make payment with respect to both Specified Assets and other Receivables shall be applied against the Receivables, if any, that are designated by such Obligor. In the absence of such designation, such payment shall be applied against the oldest outstanding Receivables owed by such Obligor. (d) Unless the Receivables Agent and the Bank Agent agree otherwise in writing, neither the Receivables Agent nor the Bank Agent shall send any notice to an Obligor directing it to remit payments in respect of any Receivable to any account other than the Collection Accounts. (e) In the event that any of the Specified Assets (or proceeds thereof, other than proceeds constituting Excluded Receivables Assets) become commingled with any Bank Collateral (or proceeds thereof), then the Bank Agent and the Receivables Agent shall, in good faith, cooperate with each other to separate the Specified Assets (and proc...
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Separation of Collateral. The Lender Agent hereby agrees promptly to return to the Conduit Agent any funds or other property which constitute Securitization Assets (or proceeds thereof), provided, that the Conduit Agent or the Servicer shall have identified such Securitization Assets or proceeds in writing to the Lender Agent or the Lender Agent otherwise has actual knowledge of the identity of such Securitization Assets or proceeds. Solely for purposes of maintaining the perfection of the Conduit Agent's interests therein, the Conduit Agent hereby appoints the Lender Agent as its agent with respect to such Securitization Assets and proceeds, and the Lender Agent hereby accepts such appointment.
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Separation of Collateral. The Lender Agent hereby agrees promptly to return to the Administrator any funds or other property which constitute Securitization Assets (or proceeds thereof), provided, that the Administrator or the Servicer shall have identified such Securitization Assets or proceeds in writing to the Lender Agent or the Lender Agent otherwise has actual knowledge of the identity of such Securitization Assets or proceeds. Solely for purposes of maintaining the perfection of the Administrator’s interests therein, the Administrator hereby appoints the Lender Agent as its agent with respect to such Securitization Assets and proceeds, and the Lender Agent hereby accepts such appointment.
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Separation of Collateral. (a) Each Financing Agent hereby agrees promptly to transfer and return to, or in accordance with the directions of, any other applicable Financing Agent or the Originator (as applicable), at such account or other place as the appropriate other Financing Agent or the Originator (as applicable) may instruct, any funds or other property that are received by such Financing Agent and that are identifiable by such Financing Agent, using reasonable efforts, or that are identified by the Originator, the Original Servicer (or a Successor Servicer, if applicable), the Lockbox Servicer, the Owner or another Financing Agent, in each case, as not constituting Financing Assets (or portions thereof) in which such Financing Agent has been granted an interest pursuant to its applicable Financing Documents but instead constituting (x) Financing Assets (or portions thereof) other than those in which such Financing Agent has been granted an interest under its Financing Documents or (y)
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Separation of Collateral. The Trustee hereby agrees promptly to return to Howmet (for the benefit of itself and the other Operating Companies) funds or other property other than Specified Assets (or proceeds thereof) which constitute Bank Collateral (or proceeds thereof); provided, that Howmet or the Collateral Agent shall have identified such Bank Collateral or proceeds in writing to the Trustee or an Authorized Officer of the Trustee otherwise has actual knowledge of the identity of such Bank Collateral or proceeds; and provided further that if the Collateral Agent shall so request in a written notice to the Trustee, the Trustee shall return such funds and property to the Collateral Agent instead of to Howmet. For purposes of maintaining the perfection of the Collateral Agent's lien thereon, the Collateral Agent hereby appoints the Trustee as its agent in respect of such funds or other property.
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Separation of Collateral. (a) Each Securitization Agent hereby agrees promptly to transfer and return to, or in accordance with the directions of, any other Securitization Agent, the Originator or the Original Servicer (as applicable), at such account or other place as such other Securitization Agent, the Originator or the Original Servicer (as applicable) may instruct in writing, any funds or other property that are received by such Securitization Agent and that are identifiable by such Securitization Agent, using reasonable efforts, as not constituting its Securitization Assets but instead constituting: (i) Securitization Assets in which it has not been granted an ownership or security interest under the applicable Securitization Documents; or (ii)
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Separation of Collateral. (a) The Indenture Trustee hereby agrees promptly to transfer and return to, or in accordance with the written direction of, the Conduit Agent, the Syndication Agent, the applicable Securitization Agent or ACS (as applicable), at such account or other place as the Conduit Agent, the Syndication Agent, the applicable Securitization Agent or ACS (as applicable) may so instruct, any funds or other property that are received by the Indenture Trustee and that are identified to the Indenture Trustee in writing as not constituting the 2000-1 Assets, the 2002-1 Assets, the 2002-2 Assets, the 2003-1 Assets or the 2003-2 Assets but instead constituting the Conduit Assets, the Syndicated Loan Assets, the Securitization Assets or Other Assets. For purposes of maintaining the perfection of the Conduit Agent’s, the Syndication Agent’s, the applicable Securitization Agent’s and ACS’ (as applicable) interest therein, the Conduit Agent, the Syndication Agent, the applicable Securitization Agent and ACS each hereby appoints the Indenture Trustee as its agent in respect of such funds or other property; provided, that, the Indenture Trustee’s sole duty as such agent shall be to hold such funds and other property for the benefit of the Conduit Agent, the Syndication Agent, the applicable Securitization Agent and ACS (as applicable) and to transfer such funds or other property to or at the written direction of the Conduit Agent, the Syndication Agent, the applicable Securitization Agent and ACS (as applicable) as aforesaid. (b) The Conduit Agent hereby agrees promptly to transfer and return to, or in accordance with the directions of, the Indenture Trustee, the Syndication Agent, the applicable Securitization Agent or ACS (as applicable), at such account or other place as the Indenture Trustee, the Syndication Agent, the applicable Securitization Agent or ACS (as applicable) may instruct, any funds or other property that are received by the Conduit Agent and that are identifiable by the Conduit Agent, using reasonable efforts, as not constituting the Conduit Assets but instead constituting the 2000-1 Assets, the 2002-1 Assets, the 2002-2 Assets, the 2003-1 Assets, the 2003-2 Assets, the Syndicated Loan Assets, the Securitization Assets or Other Assets. For purposes of maintaining the perfection of the Indenture Trustee’s, the Syndication Agent’s, the applicable Securitization Agent’s and ACS’ (as applicable) interest therein, the Indenture Trustee, the Syndication Agent, the app...
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Separation of Collateral. Keep the Collateral separate and identifiable from other property located on the same premises as the Collateral.
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Related to Separation of Collateral

  • Retention of Collateral In addition to the rights and remedies hereunder, the Administrative Agent may, in compliance with Sections 9-620 and 9-621 of the UCC or otherwise complying with the requirements of applicable Law of the relevant jurisdiction, accept or retain the Collateral in satisfaction of the Secured Obligations. Unless and until the Administrative Agent shall have provided such notices, however, the Administrative Agent shall not be deemed to have retained any Collateral in satisfaction of any Secured Obligations for any reason.

  • Application of Collateral The proceeds of any sale, or other realization (other than that received from a sale or other realization permitted by the Credit Agreement) upon all or any part of the Pledged Collateral pledged by the Pledgors shall be applied by the Secured Party as set forth in Section 7.06 of the Credit Agreement.

  • Location of Collateral All tangible items of Collateral, other than Inventory in transit, shall at all times be kept by Borrowers at the business locations set forth in Schedule 8.6.1, except that Borrowers may (a) make sales or other dispositions of Collateral in accordance with Section 10.2.6; and (b) move Collateral to another location in the United States, upon 30 Business Days prior written notice to Agent.

  • Protection of Collateral (a) The Issuer will (i) execute and deliver all such supplements and amendments to this Indenture and instruments of further assurance and other instruments, (ii) file or authorize and cause to be filed all such financing statements and amendments and continuations of such financing statements and (iii) take such other action, in each case necessary or advisable to: (A) maintain or preserve the Lien and security interest (and the priority of such security interest) of this Indenture or carry out more effectively the purposes of this Indenture; (B) perfect, publish notice of or protect the validity of any Grant made or to be made by this Indenture; (C) enforce any of the Collateral; or (D) preserve and defend title to the Collateral and the rights of the Indenture Trustee and the Secured Parties in the Collateral against the claims of all Persons. (b) The Issuer authorizes the Administrator and the Indenture Trustee to file any financing or continuation statements, and amendments to such statements, in all jurisdictions and with all filing offices as are necessary or advisable to preserve, maintain and protect the interest of the Indenture Trustee in the Collateral. Such financing and continuation statements may describe the Collateral in any manner as the Administrator or the Indenture Trustee may reasonably determine to ensure the perfection of the interest of the Indenture Trustee in the Collateral (including describing the Collateral as “all assets” of the Issuer). The Administrator or the Indenture Trustee, as applicable, will deliver to the Issuer file-stamped copies of, or filing receipts for, any such financing statement and continuation statement promptly upon such document becoming available following filing. (c) The Indenture Trustee is under no obligation (i) to make any determination of whether any such financing or continuation statements, and amendments to such statements, are required to be filed pursuant to this Section 3.5 or (ii) to file any such financing or continuation statements, or amendment to such statements, and will not be liable for failure to do so.

  • Release of Collateral Subject to Section 11.01 and the terms of the Basic Documents, the Indenture Trustee shall release property from the lien of this Indenture only upon receipt by it of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) or an Opinion of Counsel in lieu of such Independent Certificates to the effect that the TIA does not require any such Independent Certificates.

  • Condition of Collateral Secured Party has no obligation to repair, clean-up or otherwise prepare the Collateral for sale.

  • Disposition of Collateral Such Grantor will not sell, lease or otherwise dispose of the Collateral owned by it except for dispositions specifically permitted pursuant to Section 6.05 of the Credit Agreement.

  • Preservation of Collateral Following the occurrence of a Default or Event of Default, in addition to the rights and remedies set forth in Section 11.1 hereof, Agent: (a) may at any time take such steps as Agent deems necessary to protect Agent’s interest in and to preserve the Collateral, including the hiring of such security guards or the placing of other security protection measures as Agent may deem appropriate; (b) may employ and maintain at any of any Borrower’s premises a custodian who shall have full authority to do all acts necessary to protect Agent’s interests in the Collateral; (c) may lease warehouse facilities to which Agent may move all or part of the Collateral; (d) may use any Borrower’s owned or leased lifts, hoists, trucks and other facilities or equipment for handling or removing the Collateral; and (e) shall have, and is hereby granted, a right of ingress and egress to the places where the Collateral is located, and may proceed over and through any of Borrowers’ owned or leased property. Each Borrower shall cooperate fully with all of Agent’s efforts to preserve the Collateral and will take such actions to preserve the Collateral as Agent may direct. All of Agent’s expenses of preserving the Collateral, including any expenses relating to the bonding of a custodian, shall be charged to Borrowers’ Account as a Revolving Advance maintained as a Domestic Rate Loan and added to the Obligations.

  • Valuation of Collateral Securities Intermediary shall provide view only access to its systems to Secured Party for the purpose of communicating data as to the Reserve Account as of that date.

  • Substitution of Collateral A Fund may substitute securities for any securities identified as Collateral by delivery to the Custodian of a Pledge Certificate executed by such Fund on behalf of the applicable Portfolio, indicating the securities pledged as Collateral.

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