Common use of THE OPERATING ACCOUNT Clause in Contracts

THE OPERATING ACCOUNT. (a) Funds in the Operating Account of each Borrower shall be utilized to fund disbursements made by such Borrower, including, without limitation, from any expense accounts maintained by such Borrower. (b) After the occurrence and during the continuance of any Event of Default or at any time that Average Excess Availability for any five (5) consecutive Business Days is less than $30,000,000, NCB shall not be obligated to permit any outgoing ACH transfers unless the amount of the proposed transfer is fully prefunded in accordance with the requirements and practices of NCB.

Appears in 3 contracts

Sources: Loan and Security Agreement (DSW Inc.), Loan and Security Agreement (DSW Inc.), Loan and Security Agreement (DSW Inc.)