Common use of The Account Clause in Contracts

The Account. The Securities Intermediary represents and warrants to, and agrees with, the Grantor and the Secured Party that: (a) The Securities Intermediary maintains the Account for the Grantor, and all property held by the Securities Intermediary for the account of the Grantor is, and will continue to be, credited to the Account. (b) The Account is a securities account. The Securities Intermediary is the securities intermediary with respect to the property credited from time to time to the Account. The Grantor is the entitlement holder with respect to the property credited from time to time to the Account. (c) The State of New York is, and will continue to be, the Securities Intermediary's jurisdiction of organization for purposes of Section 8-110(e) of the UCC so long as the Security Interest shall remain in effect. (d) Exhibit A attached hereto is a statement of the property credited to the Account on the date hereof. (e) The Securities Intermediary does not know of any claim to or interest in the Account or any property credited to the Account, except for claims and interests of the parties referred to in this Agreement.

The Account. The Grantor and Securities Intermediary represents represent and warrants warrant to, and agrees agree with, the Grantor and the Secured Party that: (a) The Securities Intermediary maintains the Account for the Grantor, and all property held by the Securities Intermediary for the account of the Grantor is, and will continue to be, credited to the Account. (b) The Account is a securities account. The Securities Intermediary is the securities intermediary with respect to the property credited from time to time to the Account. The Grantor is the entitlement holder with respect to the property credited from time to time to the Account. (c) The State of New York is, and will continue to be, the Securities Intermediary's ’s jurisdiction of organization for purposes of Section 8-110(e) of the UCC so long as the Security Interest shall remain in effect. (d) Exhibit A attached hereto is a statement of the property credited to the Account on the date hereof. (e) The Grantor and Securities Intermediary does do not know of any claim to or interest in the Account or any property credited to the Account, except for claims and interests of the parties referred to in this Agreement.

The Account. The Grantor and Securities Intermediary represents represent and warrants warrant to, and agrees agree with, the Grantor and the Secured Party that: (a) The Securities Intermediary maintains the Account for the Grantor, and all property held by the Securities Intermediary for the account of the Grantor is, and will continue to be, credited to the Account. (b) The Account is a securities account. The Securities Intermediary is the securities intermediary with respect to the property credited from time to time to the Account. The Grantor is the entitlement holder with respect to the property credited from time to time to the Account. (c) The State of New York is, and will continue to be, the Securities Intermediary's jurisdiction of organization for purposes of Section 8-110(e) of the UCC so long as the Security Interest shall remain in effect. (d) Exhibit A attached hereto is a statement of the property credited to the Account on the date hereof. (e) The Grantor and Securities Intermediary does do not know of any claim to or interest in the Account or any property credited to the Account, except for claims and interests of the parties referred to in this Agreement.

The Account. The Grantor and Securities Intermediary represents represent and warrants warrant to, and agrees agree with, the Grantor and the Secured Party that: (a) The Securities Intermediary maintains the Account for the Grantor, and all property held by the Securities Intermediary for the account of the Grantor is, and will continue to be, credited to the Account. (b) The Account is a securities account. The Securities Intermediary is the securities intermediary with respect to the property credited from time to time to the Account. The Grantor is the entitlement holder with respect to the property credited from time to time to the Account. (c) The State of New York is, and will continue to be, the Securities Intermediary's jurisdiction of organization for purposes of Section 8-110(e) of the UCC so long as the Security Interest shall remain in effect. (d) Exhibit A attached hereto is a statement of the property credited to the Account on the date hereof. (e) The Grantor and Securities Intermediary does do not know of any claim to or interest in the Account or any property credited to the Account, except for claims and interests of the parties referred to in this AgreementAgreement and the holders of the Subordinated Cerberus Notes, which claims are subordinated to the claim of the Secured Party.

The Account. The Grantor and Securities Intermediary represents represent and warrants warrant to, and agrees agree with, the Grantor and the Secured Party that: (a) The Securities Intermediary maintains the Account for the Grantor, and all property held by the Securities Intermediary for the account of the Grantor is, and will continue to be, credited to the Account. (b) The Account is a securities account. The Securities Intermediary is the securities intermediary with respect to the property credited from time to time to the Account. The Grantor is the entitlement holder with respect to the property credited from time to time to the Account. (c) The State of New York is, and will continue to be, the Securities Intermediary's jurisdiction of organization for purposes of Section 8-110(e) of the UCC so long as the Security Interest shall remain in effect. (d) Exhibit A attached hereto is a statement of the property credited to the Account on the date hereof. (e) The Grantor and Securities Intermediary does do not know of any claim to or interest in the Account or any property credited to the Account, except for claims and interests of the parties referred to in this Agreement.. Del Monte Security Agreement Exhibit C - Form of Securities Account Control Agreement

The Account. The Grantor and Securities Intermediary represents represent and warrants warrant to, and agrees agree with, the Grantor and the Secured Party that: (a) The Securities Intermediary maintains the Account for the Grantor, and all property held by the Securities Intermediary for the account of the Grantor is, and will continue to be, credited to the Account. (b) The Account is a securities account. The Securities Intermediary is the securities intermediary with respect to the property credited from time to time to the Account. The Grantor is the entitlement holder with respect to the property credited from time to time to the Account. (c) The State of New York is, and will continue to be, the Securities Intermediary's ’s jurisdiction of organization for purposes of Section 8-110(e) of the UCC so long as the Security Interest shall remain in effect. (d) Exhibit A attached hereto is a statement of the property credited to the Account on the date hereof.. Dynegy Security Agreement (e) The Grantor and Securities Intermediary does do not know of any claim to or interest in the Account or any property credited to the Account, except for claims and interests of the parties referred to in this Agreement.

The Account. The Grantor and Securities Intermediary represents represent and warrants warrant to, and agrees agree with, the Grantor and the Secured Party that: (a) The Securities Intermediary maintains the Account for the Grantor, and all property held by the Securities Intermediary for the account of the Grantor is, and will continue to be, credited to the Account. (b) The Account is a securities account. The Securities Intermediary is the securities intermediary with respect to the property credited from time to time to the Account. The Grantor is the entitlement holder with respect to the property credited from time to time to the Account. (c) The State of New York is, and will continue to be, the Securities Intermediary's jurisdiction of organization for purposes of Section 8-110(e) of the UCC so long as the Security Interest shall remain in effect. (d) Exhibit A attached hereto is a statement of the property credited to the Account on the date hereof. (e) The Grantor and Securities Intermediary does do not know of any claim to or interest in the Account or any property credited to the Account, except for claims and interests of the parties referred to in this AgreementAgreement and the holders of the Senior Indebtedness, which claims are superior to the claim of the Secured Party.

The Account. The Grantor and Securities Intermediary represents represent and warrants warrant to, and agrees agree with, the Grantor and the Secured Party Collateral Trustee that: (a) The Securities Intermediary maintains the Account for the Grantor, and all property held by the Securities Intermediary for the account of the Grantor is, and will continue to be, credited to the Account. (b) The Account is a securities account. The Securities Intermediary is the securities intermediary with respect to the property credited from time to time to the Account. The Grantor is the entitlement holder with respect to the property credited from time to time to the Account. (c) The State of New York is, and will continue to be, the Securities Intermediary's ’s jurisdiction of organization for purposes of Section 8-110(e) of the UCC NY Uniform Commercial Code so long as the Security Interest shall remain in effect. (d) Exhibit A attached hereto is a statement of the property credited to the Account on the most recent date hereofpracticable. (e) The Grantor and Securities Intermediary does do not know of any claim to or interest in the Account or any property credited to the Account, except for claims and interests of the parties referred to in this Agreement.

The Account. The Grantor and Securities Intermediary represents represent and warrants warrant to, and agrees agree with, the Grantor and the Secured Party that: (a) The Securities Intermediary maintains the Account for the Grantor, and all property held by the Securities Intermediary for the account of the Grantor is, and will continue to be, credited to the Account. (b) The Account is a securities account. The Securities Intermediary is the securities intermediary with respect to the property credited from time to time to the Account. The Grantor is the entitlement holder with respect to the property credited from time to time to the Account. (c) The State of New York is, and will continue to be, the Securities Intermediary's ’s jurisdiction of organization for purposes of Section 8-110(e) of the UCC N.Y. Uniform Commercial Code so long as the Security Interest shall remain in effect. (d) Exhibit A attached hereto is a statement of the property credited to the Account on the date hereof. (e) The Grantor and the Securities Intermediary does do not know of any claim to or interest in the Account or any property credited to the Account, except for claims and interests of the parties referred to in this Agreement.