Common use of THE CONCENTRATION, BLOCKED, AND OPERATING ACCOUNTS Clause in Contracts

THE CONCENTRATION, BLOCKED, AND OPERATING ACCOUNTS. (a) The following checking accounts have been or will be established (and are so referred to herein): (i) The Concentration Account: Established by the Lender with Bank of America, N.A. (ii) The Blocked Account: Established by the Borrower with Bank of America, N.A. (iii) The Operating Account: Established by the Borrower with Bank of America, N.A. (b) The contents of each DDA, of the Operating Account, and of the Blocked Account constitutes Collateral and Proceeds of Collateral. The contents of the Concentration Account constitutes the Lender’s property. (c) The Loan Parties: (i) To the extent not previously delivered to the Lender, contemporaneously with the execution of this Agreement, shall provide the Lender with such agreement (generally referred to as a “Blocked Account Agreement”) of the depository with which the Blocked Account is maintained as may be reasonably satisfactory to the Lender; (ii) To the extent not previously delivered to the Lender, contemporaneously with the execution of this Agreement, shall provide the Lender with such agreement of the depository with which the Operating Account is maintained as may be reasonably satisfactory to the Lender; and (iii) Shall not establish any Blocked Account or Operating Account hereafter except upon not less than thirty (30) days prior written notice to the Lender and the delivery to the Lender of a similar such agreement. (d) The Loan Parties shall pay all fees and charges of, and maintain such impressed balances as may be required by the Lender or by any bank in which any account is opened as required hereby (even if such account is opened by and/or is the property of the Lender).

Appears in 2 contracts

Samples: Loan and Security Agreement (Aeropostale Inc), Loan and Security Agreement (Aeropostale Inc)

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THE CONCENTRATION, BLOCKED, AND OPERATING ACCOUNTS. (a) The following checking accounts have been or will be established (and are so referred to herein): (i) The Concentration AccountCONCENTRATION ACCOUNT: Established by the Lender with Bank of America, N.A.Fleet National Bank. (ii) The Blocked AccountBLOCKED ACCOUNT: Established by the Borrower with Bank of America, N.A.Fleet National Bank. (iii) The Operating AccountOPERATING ACCOUNT: Established by the Borrower with Bank of America, N.A.Fleet National Bank. (b) The contents of each DDA, of the Operating Account, and of the Blocked Account constitutes Collateral and Proceeds of Collateral. The contents of the Concentration Account constitutes the Lender’s 's property. (c) The Loan PartiesBorrower and AWI: (i) To the extent not previously delivered to the Lender, contemporaneously Contemporaneously with the execution of this Agreement, shall provide the Lender with such agreement (generally referred to as a "Blocked Account Agreement") of the depository with which the Blocked Account is maintained as may be reasonably satisfactory to the Lender; (ii) To the extent not previously delivered to the Lender, contemporaneously Contemporaneously with the execution of this Agreement, shall provide the Lender with such agreement of the depository with which the Operating Account is maintained as may be reasonably satisfactory to the Lender; and (iii) Shall not establish any Blocked Account or Operating Account hereafter except upon not less than thirty (30) days prior written notice to the Lender and the delivery to the Lender of a similar such agreement. (d) The Loan Parties Borrower and AWI shall pay all fees and charges of, and maintain such impressed balances as may be required by the Lender or by any bank in which any account is opened as required hereby (even if such account is opened by and/or is the property of the Lender).

Appears in 1 contract

Samples: Loan and Security Agreement (Aeropostale Inc)

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THE CONCENTRATION, BLOCKED, AND OPERATING ACCOUNTS. (a) The following checking accounts have been or will be established (and are so referred to herein): (i) The Concentration AccountCONCENTRATION ACCOUNT: Established by the Lender Agent with Bank of AmericaBankBoston, N.A.N.A.. (ii) The Blocked AccountBLOCKED ACCOUNT: Established by the Borrower with Bank of AmericaCitibank, N.A. (iii) The Operating AccountOPERATING ACCOUNT: Established by the Borrower with Bank of AmericaCitibank, N.A. (b) The contents of each DDA, of the Operating Account, and of the Blocked Account constitutes Collateral and Proceeds of Collateral. The contents of the Concentration Account constitutes the Lender’s Agent's property. (c) The Loan PartiesBorrower: (i) To the extent not previously delivered to the Lender, contemporaneously Contemporaneously with the execution of this Agreement, shall provide the Lender Agent with such agreement (generally referred to as a "Blocked Account Agreement") of the depository with which the Blocked Account is maintained as may be reasonably satisfactory to the LenderAgent; (ii) To the extent not previously delivered to the Lender, contemporaneously Contemporaneously with the execution of this Agreement, shall provide the Lender Agent with such agreement of the depository with which the Operating Account is maintained as may be reasonably satisfactory to the LenderAgent; and (iii) Shall not establish any Blocked Account or Operating Account hereafter except upon not less than thirty Thirty (30) days prior written notice to the Lender Agent and the delivery to the Lender Agent of a similar such agreement. (iv) Within sixty (60) days after the date hereof, shall terminate the existing Blocked Account with Citibank, N.A. and shall establish a Blocked Account with such other depository as may reasonably satisfactory to the Agent. (d) The Loan Parties Borrower shall pay all fees and charges of, and maintain such impressed balances as may be required by the Lender Agent or by any bank in which any account is opened as required hereby (even if such account is opened by and/or is the property of the LenderAgent).

Appears in 1 contract

Samples: Loan and Security Agreement (Aeropostale Inc)

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