Common use of The Accounts Clause in Contracts

The Accounts. (i) The Custodian hereby confirms that the Accounts have been established and are maintained with the Custodian on its books and records and that Exhibit B attached hereto (as such Exhibit may be modified and supplemented from time to time pursuant to the delivery by the Borrower of a supplemental notice in writing to the Custodian which notice will contain the account number(s) and name(s) of the holder of such additional account(s) (the “Supplemental Notice”) is a complete and accurate statement of the Accounts, indicating in each case the office or branch where such Account is maintained. (ii) The Securities Account is (a) a securities account to which financial assets are or may be credited in accordance with this Agreement, (b) maintained by the Custodian, and (c) in respect of which the Custodian undertakes to treat the Company as the sole entitlement holder entitled to exercise the rights that comprise the financial assets credited thereto, and (d) with respect to which the Custodian is a securities intermediary. All assets, including cash, held in or credited to the Securities Account shall be treated as financial assets. (iii) Each Cash Account is (a) a deposit account, (b) maintained by the Custodian, (c) in respect of which the Custodian undertakes to treat the Company as the sole customer and (d) with respect to which the Custodian is a bank. (iv) The Company hereby represents and warrants to the Custodian that all collateral and deposits in the Accounts are subject to the security interest pursuant to the Guarantee and Security Agreement in favor of the Collateral Agent. The Custodian agrees that all cash received by it in respect of financial assets, and any other cash that may otherwise be received in respect of the Securities Account, will initially be credited to the Securities Account as a financial asset and promptly thereafter shall be distributed from the Securities Account and credited to a Cash Account, and each other item of property received by it shall be credited to the Securities Account and shall be treated as a financial asset, provided, however, nothing herein shall require the Custodian to credit to the Securities Account or to treat as a financial asset any asset in the nature of a general intangible (other than any general intangible in respect of immediately available funds that are transferred to the Securities Account or a Cash Account). (v) It is acknowledged and agreed that the Custodian is not under a duty to examine underlying credit agreements or loan documents to determine the validity or sufficiency of any loan assignment agreement (and shall have no responsibility for the genuineness or completeness thereof), or for the Company’s title to any related interests in bank loans or participations. (vi) References in this Agreement to the “Accounts” shall be deemed to include all financial assets and all cash or other funds in the Accounts.

The Accounts. (a) The Issuer agrees to establish and maintain the Trust Accounts at the Custodian according to Section 8.2 of the Indenture and the applicable Indenture Supplement. The Custodian further agrees that (i) The Custodian hereby confirms that the Accounts have been established each Trust Account is and are shall at all times be maintained with by the Custodian on its books and records and that Exhibit B attached hereto (as such Exhibit may be modified and supplemented from time to time pursuant to a Securities Account in the delivery by the Borrower of a supplemental notice in writing to the Custodian which notice will contain the account number(s) and name(s) of the holder of such additional account(s) (the “Supplemental Notice”) is a complete and accurate statement of the AccountsCustodian’s trust department, indicating in each case the office or branch where such Account is maintained. (ii) The the Custodian is acting and will act as a Securities Account is (a) a securities account Intermediary with respect to which financial assets are or may be credited in accordance with this Agreement, (b) maintained by the Custodiansuch Trust Account, and (ciii) in respect all of which the Custodian undertakes Property accredited to treat the Company as the sole entitlement holder entitled to exercise the rights that comprise the financial assets credited thereto, and (d) with respect to which the Custodian is a securities intermediary. All assets, including cash, held in or credited to the Securities such Trust Account shall be treated as financial assetsFinancial Assets. (iii) Each Cash Account is (a) a deposit account, (b) maintained The Issuer acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, warrants its authority to deposit in the Accounts any Property received therefor by the Custodian and to give Instructions relative thereto. The Issuer further agrees that the Custodian shall not be subject to, nor shall its rights and obligations under this Agreement or with respect to the Accounts be affected by, any agreement between the Issuer and any other person, except as otherwise provided in this Agreement or unless otherwise agreed by Issuer and Custodian. If any Securities are held in a Securities System, as defined in Section 5 of this Agreement, the Custodian may deliver securities of the same class, issuer and amount in place of those deposited in the applicable Account. (c) The Custodian shall hold and keep safe as custodian for the Accounts, on behalf of the Issuer, all Property in respect each Account. The crediting of which the Custodian undertakes to treat the Company as the sole customer and (d) with respect to which the Custodian is a bank. (iv) The Company hereby represents and warrants Property to the Custodian that all collateral and deposits Accounts shall result in Security Entitlements to such Property in favor of the Accounts are Issuer, subject to the security interest pursuant to the Guarantee and Security Agreement in favor of the Collateral Agent. The Custodian agrees that all cash received by it in respect of financial assets, and any other cash that may otherwise be received in respect of the Securities Account, will initially be credited to the Securities Account Indenture Trustee as a financial asset and promptly thereafter shall be distributed from the Securities Account and credited to a Cash Account, and each other item of property received by it shall be credited to the Securities Account and shall be treated as a financial asset, provided, however, nothing herein shall require the Custodian to credit to the Securities Account or to treat as a financial asset any asset in the nature of a general intangible (other than any general intangible in respect of immediately available funds that are transferred to the Securities Account or a Cash Account)secured party. (vd) It is acknowledged All transactions involving the Property shall be executed or settled solely in accordance with Instructions, except that until the Custodian receives Instructions to the contrary, the Custodian will: (i) collect all interest and agreed dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the applicable Account; (ii) present for payment all Securities held in an Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian is not under a duty actually aware based on notices received of such opportunities and hold the cash received in such Account pursuant to examine underlying credit agreements or loan documents to determine the validity or sufficiency of any loan assignment agreement (and shall have no responsibility for the genuineness or completeness thereof), or for the Company’s title to any related interests in bank loans or participations. (vi) References in this Agreement to the “Accounts” shall be deemed to include all financial assets and all cash or other funds in the Accounts.Agreement;

The Accounts. (a) Borrower has previously established such reserve accounts and has deposited and continues to deposit such amounts into such accounts as required pursuant to the terms of the Senior Deposit Account Agreement and the other Senior Loan Documents. (b) On or before the Effective Date, Borrower shall have established and shall continue to maintain an account (the "DEPOSIT ACCOUNT") in Lender's name as secured party at a financial institution designated by Borrower and reasonably satisfactory to Lender. Commencing on the Effective Date, the Deposit Account shall be governed by the Deposit Account Agreement. The Deposit Account Agreement has been executed and delivered and is in full force and effect as of the date hereof, but the provisions thereof shall not become operative until the date (the "EFFECTIVE DATE") upon which the Senior Loan has been paid in full, and all of the collateral for the Senior Loan has been released by the Senior Lender. Upon repayment of the Senior Loan, Borrower hereby irrevocably and unconditionally directs (i) The Custodian hereby confirms that Senior Lender to remit or cause to be remitted to Lender, for deposit into the Accounts have been established Deposit Account, all funds from reserves under the Senior Loan Documents at the time of termination of such reserves and are maintained (ii) Senior Lender to cause all Collateral which is physical in nature and held by or for the benefit of Lender (e.g., stocks, notes, etc.) in respect of the Senior Loan to be transferred and delivered to or as directed by Lender, all of which Collateral shall thereafter be held solely by or for the benefit of Lender (and any entity which has extended a credit facility to Lender, if any), as security for the payment of the Loan in accordance with the Custodian on its books provisions of this Agreement and records the Deposit Account Agreement. (c) From and that Exhibit B attached hereto (as such Exhibit may after the Effective Date, funds from the Deposit Account shall be modified and supplemented disbursed from time to time pursuant to the delivery by the Borrower of a supplemental notice in writing to the Custodian which notice will contain the account number(s) and name(s) of the holder of such additional account(s) (the “Supplemental Notice”) is a complete and accurate statement of the Accounts, indicating in each case the office or branch where such Account is maintained. (ii) The Securities Account is (a) a securities account to which financial assets are or may be credited in accordance with and in such order and priority as provided by the terms and provisions of the Deposit Account Agreement and this Agreement. Until disbursed, (b) maintained by the Custodian, and (c) in respect of which the Custodian undertakes to treat the Company as the sole entitlement holder entitled to exercise the rights that comprise the financial assets credited thereto, and (d) with respect to which the Custodian is a securities intermediary. All assets, including cash, held in or credited to the Securities Account shall be treated as financial assets. (iii) Each Cash Account is (a) a deposit account, (b) maintained by the Custodian, (c) in respect of which the Custodian undertakes to treat the Company as the sole customer and (d) with respect to which the Custodian is a bank. (iv) The Company hereby represents and warrants to the Custodian that all collateral and deposits in the Accounts are subject to the security interest pursuant to the Guarantee and Security Agreement in favor of the Collateral Agent. The Custodian agrees that all cash received by it in respect of financial assets, and any other cash that may otherwise be received in respect of the Securities Account, will initially be credited to the Securities Account as a financial asset and promptly thereafter shall be distributed from the Securities Account and credited to a Cash Account, and each other item of property received by it shall be credited to the Securities Account and shall be treated as a financial asset, provided, however, nothing herein shall require the Custodian to credit to the Securities Account or to treat as a financial asset any asset in the nature of a general intangible (other than any general intangible in respect of immediately available funds that are transferred to the Securities Account or a Cash Account). (v) It is acknowledged and agreed that the Custodian is not under a duty to examine underlying credit agreements or loan documents to determine the validity or sufficiency of any loan assignment agreement (and Borrower shall have no responsibility for the genuineness or completeness thereof), or for right to direct the Company’s title to any related interests in bank loans or participations. (vi) References in this Agreement to the “Accounts” shall be deemed to include all financial assets and all cash or other investment of funds in the AccountsDeposit Account in Permitted Investments, subject to Lender's reasonable approval.

The Accounts. (a) Intermediary hereby represents and warrants to, and agrees with, Secured Party and the Pledgor that (i) The Custodian hereby confirms that the Accounts have been established and are maintained with in the Custodian on its books and records and that Exhibit B attached hereto (as such Exhibit may be modified and supplemented from time to time pursuant to the delivery by the Borrower of a supplemental notice in writing to the Custodian which notice will contain the account number(s) and name(s) name of the holder of such additional account(s) (the “Supplemental Notice”) is a complete and accurate statement Pledgor, identifying Secured Party as pledgee of the AccountsPledgor, indicating in each case the office or branch where such Account is maintained. (ii) The Securities Account is (a) a securities account Intermediary will maintain appropriate records identifying the Collateral in the Accounts as pledged by the Pledgor to which financial assets are or may be credited in accordance with this AgreementSecured Party, (biii) maintained by to the Custodianbest of Intermediary’s knowledge, except for the claims and interest of Secured Party and Pledgor in the Accounts (subject to any claim in favor of Intermediary permitted under Section 6), Intermediary does not know of any claim to or interest in the Accounts and (civ) in respect of which Intermediary will credit to the Custodian undertakes to treat the Company as the sole entitlement holder entitled to exercise the rights that comprise the financial assets credited thereto, and (d) relevant Account all proceeds received by it with respect to which the Custodian Collateral held in any such Account. The Pledgor and Intermediary agree that they will not terminate the Accounts prior to termination of this Agreement without the prior written consent of Secured Party. All parties agree that Account number [·] together with all sub-accounts thereof is a “securities intermediary. All assetsaccount” within the meaning of Article 8 of the UCC and that all property, including cash, held by Intermediary in or credited to the Securities Account Accounts shall be treated as “financial assets. ” within the meaning of Article 8 of the UCC. Intermediary confirms and agrees that (iiix) Each Cash Account it is (a) a deposit account, (b) maintained by “securities intermediary” within the Custodian, (c) meaning of Article 8 of the UCC and acting in respect of which the Custodian undertakes to treat the Company as the sole customer and (d) such capacity with respect to which each Account and all Collateral credited thereto and (y) for purposes of Article 8 of the Custodian UCC, the State of New York is a bank. (iv) The Company hereby Intermediary’s jurisdiction. Intermediary further represents and warrants to the Custodian that all collateral and deposits it has a qualifying office in the Accounts are subject United States at which it effects or monitors entries to the security interest pursuant securities accounts or administers payments or corporate actions relating to the Guarantee and Security Agreement in favor of the Collateral Agentsecurities held with Intermediary. The Custodian agrees that all cash received by it in respect of financial assetsIntermediary makes no representation or warranty, and any other cash that may otherwise be received in respect of the Securities Account, will initially be credited to the Securities Account as a financial asset and promptly thereafter shall be distributed from the Securities Account and credited to a Cash Account, and each other item of property received by it shall be credited to the Securities Account and shall be treated as a financial asset, provided, however, nothing herein shall require the Custodian to credit to the Securities Account or to treat as a financial asset any asset in the nature of a general intangible (other than any general intangible in respect of immediately available funds that are transferred to the Securities Account or a Cash Account). (v) It is acknowledged and agreed that the Custodian is not under a duty to examine underlying credit agreements or loan documents to determine the validity or sufficiency of any loan assignment agreement (and shall have no responsibility for or liability, with respect to the genuineness effectiveness of the Security Agreement or completeness thereof), this Agreement in granting or for perfecting Secured Party’s security interest in the Company’s title to any related interests in bank loans or participationsCollateral. (vib) References All securities or other property underlying any financial assets credited to each Account shall be registered in this Agreement the name of Intermediary (or a nominee), indorsed to Intermediary or in blank or credited to another securities account maintained in the name of Intermediary, and in no case shall any financial asset credited to any Account be registered in the name of the Pledgor, payable to the “Accounts” shall be deemed order of the Pledgor or specially indorsed to include all financial assets and all cash the Pledgor except to the extent the foregoing have been specially indorsed to Intermediary or other funds in the Accountsblank.

The Accounts. Borrower has previously established such reserve accounts and has deposited and continues to deposit such amounts into such accounts as required pursuant to the terms of the Senior Deposit Account Agreement and the other Senior Loan Documents. On or before the Effective Date, Borrower shall have established and shall continue to maintain an account (the "Deposit Account") in Lender's name as secured party at a financial institution designated by Borrower and reasonably satisfactory to Lender. Commencing on the Effective Date, the Deposit Account shall be governed by the Deposit Account Agreement. The Deposit Account Agreement has been executed and delivered and is in full force and effect as of the date hereof, but the provisions thereof shall not become operative until the date (the "Effective Date") upon which the Senior Loan has been paid in full, and all of the collateral for the Senior Loan has been released by the Senior Lender. Upon repayment of the Senior Loan, Borrower hereby irrevocably and unconditionally directs (i) The Custodian hereby confirms that Senior Lender to remit or cause to be remitted to Lender, for deposit into the Accounts have been established Deposit Account, all funds from reserves under the Senior Loan Documents at the time of termination of such reserves and are maintained (ii) Senior Lender to cause all Collateral which is physical in nature and held by or for the benefit of Lender (e.g., stocks, notes, etc.) in respect of the Senior Loan to be transferred and delivered to or as directed by Lender, all of which Collateral shall thereafter be held solely by or for the benefit of Lender (and any entity which has extended a credit facility to Lender, if any), as security for the payment of the Loan in accordance with the Custodian on its books provisions of this Agreement and records the Deposit Account Agreement. From and that Exhibit B attached hereto (as such Exhibit may after the Effective Date, funds from the Deposit Account shall be modified and supplemented disbursed from time to time pursuant in accordance with and in such order and priority as provided by the terms and provisions of the Deposit Account Agreement and this Agreement. Until disbursed, Borrower shall have the right to direct the investment of funds in the Deposit Account in Permitted Investments, subject to Lender's reasonable approval. Investment and Control of Accounts. ---------------------------------- All interest earned on amounts deposited into the Accounts shall be held in the Accounts and shall be used or disbursed as provided herein and in the Deposit Account Agreement for the benefit of Borrower. Neither Lender nor the Servicer shall have any liability for any loss of interest on funds in any Accounts and no such loss shall affect Borrower's obligation to fund any Account as required hereunder. Borrower hereby pledges, assigns and grants a lien and security interest to Lender, as security for payment of all sums due under the Loan and the performance of all other terms, conditions and provisions of the Loan Documents and this Agreement on Borrower's part to be paid and performed, of all Borrower's right, title and interest in and to the delivery Deposit Account and all other accounts and subaccounts maintained from time to time under the Deposit Account Agreement (collectively, the "Accounts"). Borrower shall not, without obtaining the prior written consent of Lender, further pledge, assign or grant any lien or security interest in any Account, or permit any lien or encumbrance to attach thereto, or any levy to be made thereon, or any UCC Financing Statements, except those naming Lender as the secured party, to be filed with respect thereto. This Agreement is, among other things, intended by the Borrower parties to be a security agreement for purposes of a supplemental notice the Uniform Commercial Code in writing effect in New York and each other jurisdiction in which Accounts may be located. Notwithstanding the foregoing, at any time an Event of Default exists and remains uncured after the Effective Date, the Servicer, at Lender's option and to the Custodian which notice will contain extent permitted under applicable law without adversely affecting the account number(sother rights and remedies provided to Lender under this Agreement or the other Loan Documents, shall distribute all funds then held in, and/or received subsequently in, the Accounts to Lender to be applied in such order as Lender in its sole discretion shall determine, (1) to the payment of (y) interest and name(sPrincipal Indebtedness on the Note and (z) the other Indebtedness, until all such amounts are paid in full and (2) to preserve the Collateral. The Lender shall have exclusive control over and sole right of the holder of such additional account(s) (the “Supplemental Notice”) is a complete and accurate statement withdrawal from each of the Accounts, indicating in each case the office or branch where such Account is maintained. (ii) The Securities Account is (a) a securities account to which financial assets are or may shall be credited exercised solely in accordance with the provisions of this Agreement and the Deposit Account Agreement, (b) maintained by the Custodian, and (c) in respect of which the Custodian undertakes to treat the Company as the sole entitlement holder entitled to exercise the rights that comprise the financial assets credited thereto, and (d) with respect to which the Custodian is a securities intermediary. All assets, including cash, held in or credited to the Securities Account The Accounts shall be treated as financial assets. (iii) Each Cash Account is (a) a deposit account, (b) maintained by released to or at the Custodian, (c) in respect of which the Custodian undertakes to treat the Company as the sole customer and (d) with respect to which the Custodian is a bank. (iv) The Company hereby represents and warrants to the Custodian that all collateral and deposits in the Accounts are subject to the security interest pursuant to the Guarantee and Security Agreement in favor direction of the Collateral Agent. The Custodian agrees that all cash received by it Borrower upon payment in respect of financial assets, and any other cash that may otherwise be received in respect full of the Securities Account, will initially be credited to the Securities Account as a financial asset and promptly thereafter shall be distributed from the Securities Account and credited to a Cash Account, and each other item of property received by it shall be credited to the Securities Account and shall be treated as a financial asset, provided, however, nothing herein shall require the Custodian to credit to the Securities Account or to treat as a financial asset any asset in the nature of a general intangible (other than any general intangible in respect of immediately available funds that are transferred to the Securities Account or a Cash Account)Indebtedness. (v) It is acknowledged and agreed that the Custodian is not under a duty to examine underlying credit agreements or loan documents to determine the validity or sufficiency of any loan assignment agreement (and shall have no responsibility for the genuineness or completeness thereof), or for the Company’s title to any related interests in bank loans or participations. (vi) References in this Agreement to the “Accounts” shall be deemed to include all financial assets and all cash or other funds in the Accounts.

The Accounts. (a) The Issuer agrees to establish and maintain the Accounts at the Custodian according to Section 8.2 of the Indenture and the applicable Indenture Supplement. The Custodian further agrees that (i) The Custodian hereby confirms that the Accounts have been established each Trust Account is and are shall at all times be maintained with by the Custodian on its books and records and that Exhibit B attached hereto (as such Exhibit may be modified and supplemented from time to time pursuant to a Securities Account in the delivery by the Borrower of a supplemental notice in writing to the Custodian which notice will contain the account number(s) and name(s) of the holder of such additional account(s) (the “Supplemental Notice”) is a complete and accurate statement of the AccountsCustodian’s trust department, indicating in each case the office or branch where such Account is maintained. (ii) The the Custodian is acting and will act as a Securities Account is (a) a securities account Intermediary with respect to which financial assets are or may be credited in accordance with this Agreement, (b) maintained by the Custodiansuch Trust Account, and (ciii) in respect all of which the Custodian undertakes Property accredited to treat the Company as the sole entitlement holder entitled to exercise the rights that comprise the financial assets credited thereto, and (d) with respect to which the Custodian is a securities intermediary. All assets, including cash, held in or credited to the Securities such Trust Account shall be treated as financial assetsFinancial Assets. (iii) Each Cash Account is (a) a deposit account, (b) maintained The Issuer acknowledges its responsibility as a principal for all of its obligations to the Custodian arising under or in connection with this Agreement, warrants its authority to deposit in the Accounts any Property received therefor by the Custodian and to give Instructions relative thereto. The Issuer further agrees that the Custodian shall not be subject to, nor shall its rights and obligations under this Agreement or with respect to the Accounts be affected by, any agreement between the Issuer and any other Person, except as otherwise provided in this Agreement or unless otherwise agreed by Issuer and Custodian. If any Securities are held in a Securities System the Custodian may deliver securities of the same class, issuer and amount in place of those deposited in the applicable Account. (c) The Custodian shall hold and keep safe as custodian for the Accounts, on behalf of the Issuer, all Property in respect each Account. The crediting of which the Custodian undertakes to treat the Company as the sole customer and (d) with respect to which the Custodian is a bank. (iv) The Company hereby represents and warrants Property to the Custodian that all collateral and deposits Accounts shall result in Security Entitlements to such Property in favor of the Accounts are Issuer, subject to the security interest of the Indenture Trustee as a secured party. (d) All transactions involving the Property shall be executed or settled solely in accordance with Instructions, except that until the Custodian receives Instructions to the contrary, the Custodian will: (i) collect all interest and dividends and all other income and payments, whether paid in cash or in kind, on the Property, as the same become payable and credit the same to the applicable Account; (ii) present for payment all Securities held in an Account which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation to the extent that the Custodian is actually aware based on notices received of such opportunities and hold the cash received in such Account pursuant to this Agreement; (iii) (x) exchange Securities where the Guarantee exchange is purely ministerial (including, without limitation, the exchange of temporary securities for those in definitive form and Security Agreement the exchange of warrants, or other documents of entitlement to securities, for the Securities themselves) and (y) when notification of a tender or exchange offer (other than ministerial exchanges described in (x) above) is received for such Account, use reasonable efforts to receive Instructions, provided, that if such Instructions are not received in time for the Custodian to take timely action, no action shall be taken with respect thereto; (iv) execute on behalf of the Issuer for each Account, whenever the Custodian deems it appropriate, such ownership and other certificates as may be required to obtain the payment of income from the Property in the applicable Account; and (v) appoint brokers and agents for any of the ministerial transactions involving the Securities described in the foregoing clauses (i) through (iv), including, without limitation, affiliates of the Custodian. (e) The Custodian hereby acknowledges the security interest granted to the Indenture Trustee by the Issuer. The Custodian shall maintain all Property free of any lien, charge or claim of any kind in favor of the Collateral AgentCustodian or any person claiming through the Custodian, and it will not assert any lien, encumbrance, claim or right of set-off against the Property, the Accounts or any Financial Assets carried in the Accounts or any credit balance in the Accounts, except as otherwise expressly permitted by this Agreement or the Indenture. The Custodian agrees that all cash received by it will not enter into any agreement other than this Agreement with any Person requiring the Custodian’s compliance with “entitlement orders” (as such term is defined in respect of financial assets, and any other cash that may otherwise be received in respect Article 8 of the Securities Account, will initially be credited UCC) concerning the Accounts originated by such Person without the prior written consent of the Issuer and the Indenture Trustee except as otherwise provided herein. The Custodian represents that no such agreement relating to the Securities Account as a financial asset and promptly thereafter shall be distributed from the Securities Account and credited to a Cash Account, and each other item of property received by it shall be credited to the Securities Account and shall be treated as a financial asset, provided, however, nothing herein shall require the Custodian to credit to the Securities Account or to treat as a financial asset Property with any asset Person is now in the nature of a general intangible (other than any general intangible in respect of immediately available funds that are transferred to the Securities Account or a Cash Account)effect. (v) It is acknowledged and agreed that the Custodian is not under a duty to examine underlying credit agreements or loan documents to determine the validity or sufficiency of any loan assignment agreement (and shall have no responsibility for the genuineness or completeness thereof), or for the Company’s title to any related interests in bank loans or participations. (vi) References in this Agreement to the “Accounts” shall be deemed to include all financial assets and all cash or other funds in the Accounts.