Common use of The Collateral Account Clause in Contracts

The Collateral Account. On the Effective Date there shall be established and, at all times thereafter until the trust created by this Agreement shall have terminated, there shall be maintained in the name of the Company at such office of U.S. Bank National Association as selected by the Collateral Trustee an account which is entitled the “ACAS Collateral Account” (the “Collateral Account”). All direct or indirect Proceeds of Collateral and all other moneys that are required by this Agreement or any other Trust Security Document to be delivered to the Collateral Trustee while a Notice of Acceleration is in effect or which are received by the Collateral Trustee or any agent or nominee of the Collateral Trustee in respect of the Collateral while a Notice of Acceleration is in effect, whether in connection with the exercise of the remedies provided in this Agreement, any other Trust Security Document or otherwise (collectively, the “Trust Monies”) shall be deposited in the Collateral Account to be held by the Collateral Trustee as part of the Trust Estate and applied in accordance with the terms of this Agreement. For the avoidance of doubt, Trust Monies shall not include Prepayment Monies deposited pursuant to (and as defined in) Section 3A of this Agreement. Subject to Section 2.11(b), upon request of the Company at any time when no Notice of Acceleration is in effect, the Collateral Trustee shall (subject to the first sentence of Section 3.4(a)) cause all funds on deposit in the Collateral Account to be paid over to the Grantors in accordance with their respective interests.

Appears in 2 contracts

Samples: Collateral Trust and Intercreditor Agreement (American Capital, LTD), Collateral Trust and Intercreditor Agreement (American Capital, LTD)

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The Collateral Account. On the Effective Date Date, there shall be established and, at all times thereafter until the trust trusts created by this Collateral Trust Agreement shall have terminated, there shall be maintained in the name of the Company Collateral Trustee at such the head office of U.S. Bank National Association as selected by the Collateral Trustee designated by it pursuant to Subsection 6.1 an account which is entitled the “ACAS Blockbuster Collateral Account” (the “Collateral Account”). All direct or indirect Proceeds of Collateral and all other moneys that which are required by this Collateral Trust Agreement or any other Trust Security Document to be delivered to the Collateral Trustee while a Notice of Acceleration is in effect or which are received by the Collateral Trustee or any agent or nominee of the Collateral Trustee in respect of the Collateral while a Notice of Acceleration is in effectCollateral, whether in connection with the exercise of the remedies provided in this Agreement, Collateral Trust Agreement or any other Trust Security Document or otherwise (collectivelyotherwise, the “Trust Monies”) while a Notice of Acceleration is in effect shall be deposited in the Collateral Account to be held by the Collateral Trustee as part of the Trust Estate and applied by the Collateral Trustee only in accordance with the terms of this Collateral Trust Agreement. For Upon the avoidance cancellation of doubt, Trust Monies shall not include Prepayment Monies deposited all Notices of Acceleration pursuant to (and as defined insubsection 2.1(c) Section 3A or the receipt by the Collateral Trustee of this Agreement. Subject to Section 2.11(b), upon request of the Company any moneys at any time when no Notice of Acceleration is in effect, the Collateral Trustee shall (subject to the first sentence of Section subsection 3.4(a)) cause all funds on deposit in the Collateral Account or otherwise received by the Collateral Trustee to be paid over to the Grantors in accordance with their respective interestsGrantor.

Appears in 2 contracts

Samples: Collateral Trust Agreement (Blockbuster Inc), Collateral Trust Agreement (Blockbuster Inc)

The Collateral Account. On the Effective Date date hereof there shall be established and, at all times thereafter until the trust created by this Agreement shall have terminated, there shall be maintained in the name of the Company at such office of U.S. Bank National Association as selected by the Collateral Trustee an account which is entitled the “ACAS YRC Collateral Account” (the “Collateral Account”). All direct or indirect Proceeds of Collateral and all other moneys that are required by this Agreement or any other Trust Security Document to be delivered to the Collateral Trustee while a Notice of Acceleration is in effect or which are received by the Collateral Trustee or any agent or nominee of the Collateral Trustee in respect of the Collateral while a Notice of Acceleration is in effect, whether in connection with the exercise of the remedies provided in this Agreement, any other Trust Security Document or otherwise (collectively, the “Trust Monies”) ), subject to the terms, conditions and provisions of the Intercreditor Agreement, shall be deposited in the Collateral Account to be held by the Collateral Trustee as part of the Trust Estate and applied in accordance with the terms of this Agreement. For the avoidance of doubt, Trust Monies shall not include Prepayment Monies deposited pursuant to (and as defined in) Section 3A of this Agreement. Subject to Section 2.11(b), upon request of the Company at any time when no Notice of Acceleration is in effect, the Collateral Trustee shall (subject to the first sentence of Section 3.4(a)) cause all funds on deposit in the Collateral Account to be paid over to the Grantors in accordance with their respective interests.

Appears in 1 contract

Samples: Collateral Trust Agreement (YRC Worldwide Inc.)

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The Collateral Account. On the Effective Date there shall be established and, at all times thereafter until the trust trusts created by this Agreement shall have terminated, there shall be maintained in the name of the Company Collateral Trustee at the office of the Collateral Trustee’s corporate trust division (or at such other office of U.S. Bank National Association as selected by the Collateral Trustee Trustee) an account which is entitled the “ACAS ATVM Tesla Collateral Account” (the “Collateral Account”). All direct or indirect Proceeds of Collateral and all other moneys that which are required by this Agreement or any other Trust Security Document to be delivered to the Collateral Trustee while a Notice of Acceleration Default is in effect or which are received by the Collateral Trustee or any agent or nominee of the Collateral Trustee in respect of the Collateral while a Notice of Acceleration is in effectCollateral, whether in connection with the exercise of the remedies provided in this Agreement, Agreement or any other Trust Security Document or otherwise otherwise, while a Notice of Default is in effect (collectively, the “Trust Monies”or as provided under Section 2.11(d) above) shall be deposited in the Collateral Account and Proceeds thereof to be held by the Collateral Trustee as part of the Trust Estate and applied in accordance with the terms of this Agreement. For Upon the avoidance cancellation of doubt, Trust Monies shall not include Prepayment Monies deposited all Notices of Default pursuant to (and as defined inSection 2.1(c) Section 3A or the receipt by the Collateral Trustee of this Agreement. Subject to Section 2.11(b), upon request of the Company any moneys at any time when no Notice of Acceleration Default is in effect, the Collateral Trustee shall (subject to the first sentence of Section Sections 2.11(d) and 3.4(a)) cause all funds on deposit in the Collateral Account or otherwise received by the Collateral Trustee to be paid over to the Grantors in accordance with their respective interests.

Appears in 1 contract

Samples: Intercompany Subordination Agreement (Tesla Motors Inc)

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