Deposit Control Agreement definition

Deposit Control Agreement means the deposit account control agreement by and among the Company, the Holder and the Deposit Control Account Bank, as amended, modified or supplemented from time to time in accordance with its terms
Deposit Control Agreement means the funds held in a deposit control account in accordance with Article 9 of the UCC intended to cover Development Security and Decommissioning Assurance.
Deposit Control Agreement the Deposit Control Agreement to be executed and delivered by each AREH Subsidiary Guarantor, substantially in the form of Exhibit D.

Examples of Deposit Control Agreement in a sentence

  • The Borrowers shall not at any time allow the Warranty Obligations to exceed the sum of the Remaining Escrow Funds plus any cash held in a segregated bank account that is subject to a Deposit Control Agreement and set aside by the Borrowers solely for the purpose of satisfying the Warranty Obligations.

  • No later than five (5) days after the occurrence of an Event of Default, each Borrower or Obligor which maintains a Concentration Account shall, upon Agent's request, obtain a Deposit Control Agreement, in form and substance to Agent, from each depository bank with respect to such Concentration Account.

  • On the date of distribution of the Deposit Control Account Funds pursuant to the Deposit Control Agreement, the Company shall pay to the Holder an amount in cash equal to (i) the amount of the Deposit Control Account Funds multiplied by (ii) a rate of 6% per annum for the duration of time in which such Deposit Control Account Funds are held in the Deposit Control Account (as calculated on the applicable date, such amount, the “Fee Amount”).

  • Upon receipt by the Borrower of the Royal American Corporation 2004 federal income tax refund resulting from the 2006 NOL carryback on the amended tax return filed with the IRS on February 2, 2009, the Borrower shall promptly deliver all of the proceeds received by the Borrower to the Bank, which proceeds will be maintained in the Account and shall be subject to the Deposit Control Agreement.

  • The Bank will exercise its rights to give instructions to Valliance under the Deposit Control Agreement only in the event of an uncured default under the Loan Agreement, as amended by this Agreement and any other Loan Documents or the exercise or attempt by any other person to exercise any dominion or control over the account, directly or indirectly, including through any order, attachment or levy.

  • In addition, the Company entered into a Deposit Control Agreement which granted control of and a priority interest in the Company’s commercial banking accounts to the third party.

  • If Sublessee is ever in default under this Sublease, the Security Agreement or Promissory Note, regardless of whether Sublessee subsequently cures such default, Sublessor may require Sublessee to immediately establish a control account or double lock box sweep account as collateral for the Note until paid in full ("Deposit Control Agreement"), a form of which is attached hereto as Exhibit H, and Sublessee agrees to execute such Deposit Control Agreement and cause its bank to do the same.

  • Lender shall exercise such control in accordance with said [Control Agreement for Deposit Account/Government Healthcare Receivables Deposit Control Agreement choose alternative as applicable].

  • Consistent with past practice under the Prepetition Deposit Control Agreement, prior to the Termination Date, the Prepetition Lender will transmit such Cash Collateral to the Operating Account for use by the Debtor in accordance with the Budget.

  • The Bank will exercise its rights to give instructions to Valliance under the Deposit Control Agreement only in the event of an uncured default under this Agreement and any other Loan Documents or the exercise or attempt by any other person to exercise any dominion or control over the account, directly or indirectly, including through any order, attachment or levy.


More Definitions of Deposit Control Agreement

Deposit Control Agreement means the Deposit Account Control Agreement, dated the Closing Date, among the Company, Bank of the West and the Purchasers, in the form of Exhibit G attached hereto
Deposit Control Agreement has the meaning set forth in Section 5.16.
Deposit Control Agreement means the Deposit Account Control Agreement, dated the Closing Date, among the Company, Bank of the West and the Purchasers, in the form of Exhibit G attached hereto “Disclosure Schedules” shall have the meaning ascribed to such term in Section 3.1.
Deposit Control Agreement means a deposit control agreement between the Borrowers, TCB and the Administrative Agent regarding the bank accounts maintained by North American Petroleum Corporation USA at TCB, including, without limitation, the deposit accounts identified on Schedule One hereto (the “TCB Accounts”).
Deposit Control Agreement means the Assigned Account Agreements among the Debtors, the applicable depository bank, the First Lien Debt Agent and the Second Lien Debt Agent.
Deposit Control Agreement means the agreement in the form of Exhibit E annexed hereto. 1.34. "EBITDA" shall mean, for any period, Asta Funding's Net Income, plus interest expenses (exclusive of interest on Non-Recourse Loans), plus taxes, plus depreciation, all as determined in accordance with GAAP and set forth in the Financial Statements. 1.35. "Eligible Accounts" means an Account arising out of a Consumer Loan, as to which Lender has been granted a first and prior perfected security interest by a Debtor and with respect to which the Account Debtor has made a Payment within the last ninety (90) days and which is presently owned by a Debtor and is part of an Eligible Portfolio. 1.36. "Eligible Portfolio" shall mean a Portfolio as to which a Debtor has acquired the legal right, title and interest to the Consumer Loans comprising each such Portfolio and the Collections and Accounts relating thereto, which is not a Rejected Portfolio. Each Eligible Portfolio shall be designated in each Debtor's Books and Records by a code name acceptable to the Lender, which code names shall be set forth in each Borrowing Base Certificate. 1.37. "Events of Default" shall have the meaning set forth in Section 12 hereof. 1.38. "Examination Fee" means a field examination fee of Lender not to exceed $750.00 per each day of examination, plus Lender's out-of-pocket expenses, including, travel, meals and listed expenses, provided that so long as no Event of Default is continuing, Borrower shall not be required to pay for more than one field examination in any calendar quarter prior to an Event of Default. 1.39. "Financial Statements" mean the financial statements to be furnished Lender pursuant to Section 9(v) hereof. 1.40. "GAAP" means generally accepted accounting principles then in effect and consistent with those applied in the preparation of the Financial Statements to be delivered pursuant to Section 9(v) hereof. 1.41. "Grid Note" means the note executed by Borrower in the form of Exhibit B annexed hereto, as amended, renewed or replaced from time to time. 1.42. "Guarantees" means the guaranty of all of the Obligations executed by each Guarantor, including each Affiliate Guaranty, as each is amended from time to time. 1.43. "Guarantors" shall mean Asta Funding, Asta I, E.R., Palisades I, Palisades II and each Affiliate, executing an Affiliate Guaranty, after the date hereof, but in no event a Non-Affiliate. 1.44. "Indemnified Party" means Lender and each of its officers, directors, representatives and...

Related to Deposit Control Agreement

  • Deposit Account Control Agreement means each deposit account control agreement among a Borrower, the Administrative Agent and the Account Bank, as the same may be amended, amended and restated, supplemented or otherwise modified from time to time.

  • Account Control Agreement means the Account Control Agreement among the Borrower, as debtor, the Collateral Agent, as secured party, and State Street Bank and Trust Company, as depository bank and Securities Intermediary, dated on or about the date hereof.

  • Blocked Account Control Agreement means the Cash Management Agreement among Borrower, Cash Management Account Bank and Lender providing for the exclusive control of the Cash Management Account and all other Subaccounts by Lender, substantially in the form of Exhibit A or such other form as may be reasonably acceptable to Lender, as the same may be amended, restated, replaced, supplemented or otherwise modified from time to time.

  • Deposit Account Control Agreements means, with respect to each deposit account that is required by the Collateral Agreement to be subject to a control agreement, a deposit account control agreement executed by the Borrower, the Administrative Agent as the secured party thereto, and the deposit bank, as each may be amended, restated, supplemented or otherwise modified from time to time.

  • Control Agreement is any control agreement entered into among the depository institution at which Borrower maintains a Deposit Account or the securities intermediary or commodity intermediary at which Borrower maintains a Securities Account or a Commodity Account, Borrower, and Bank pursuant to which Bank obtains control (within the meaning of the Code) over such Deposit Account, Securities Account, or Commodity Account.

  • Collection Account Control Agreement means that certain Account Control Agreement, dated as of the date hereof, by and among Seller, Buyer, and U.S. Bank National Association, in form and substance acceptable to Buyer, as the same may be amended, restated, supplemented or otherwise modified from time to time, and which shall provide for Buyer control of the Collection Account as of the date of execution.

  • Securities Account Control Agreement shall have the meaning ascribed thereto in the Sale and Servicing Agreement.

  • Account Control Agreement(s) means any agreement entered into by and among the Agent, Borrower and a third party bank or other institution (including a Securities Intermediary) in which Borrower maintains a Deposit Account or an account holding Investment Property and which perfects Agent’s first priority security interest in the subject account or accounts.

  • Deposit Account Agreement means the Deposit Account Agreement and Disclosure, as may be amended from time to time, issued by the Custodian and available on the Custodian’s internet customer portal, “xx.xxxxxxxxxxx.xxx”.

  • Control Agreements means, collectively, the Deposit Account Control Agreement, the Securities Account Control Agreement and the Commodity Account Control Agreement.

  • Control Account Agreement means any tri-party agreement by and among a Loan Party, the Administrative Agent and a depositary bank or securities intermediary at which such Loan Party maintains a Controlled Account, in each case in form and substance satisfactory to the Administrative Agent.

  • Account Agreement means the agreements for the operation of the Account.

  • Commodity Account Control Agreement means a control agreement in a form that is reasonably satisfactory to the Collateral Agent establishing the Collateral Agent’s Control with respect to any Commodity Account.

  • Blocked Account Agreement means with respect to an account established by a Loan Party, an agreement, substantially in the form of Exhibit L hereto or otherwise in form and substance reasonably satisfactory to the Collateral Agent, establishing Control (as defined in the Security Agreement) of such account by the Collateral Agent and whereby the bank maintaining such account agrees, during any Cash Dominion Trigger Period, to comply only with the instructions originated by the Collateral Agent without the further consent of any Loan Party.

  • Controlled Account Agreement has the meaning specified therefor in the Security Agreement.

  • Lockbox Account Agreement means any replacement agreement therefor among the Servicer, the Trust Collateral Agent and the Lockbox Bank.

  • Clearing Account Agreement means that certain Clearing Account - Deposit Account Control Agreement dated the date hereof among Borrower, Lender and Clearing Bank, as the same may be amended, restated, replaced, supplemented or otherwise modified from time to time, relating to funds deposited in the Clearing Account.

  • Collateral Account Agreement means the Collateral Account Agreement executed and delivered by Company and Administrative Agent on the Closing Date, substantially in the form of EXHIBIT XXIII annexed hereto, as such Collateral Account Agreement may hereafter be amended, supplemented or otherwise modified from time to time.

  • Account Agreements means any lockbox account agreement, pledged account agreement, blocked account agreement, securities account control agreement, or any similar deposit or securities account agreements among the Notes Agent and/or the ABL Agent, one or more Grantors and the relevant financial institution depository or securities intermediary.

  • Qualifying Control Agreement means an agreement, among a Loan Party, a depository institution or securities intermediary and the Administrative Agent, which agreement is in form and substance acceptable to the Administrative Agent and which provides the Administrative Agent with “control” (as such term is used in Article 9 of the UCC) over the deposit account(s) or securities account(s) described therein.

  • Concentration Account Agreement as defined in subsection 4.16(b).

  • Collection Account Agreement means each agreement substantially in the form of Exhibit VI, or such other form as may be acceptable to the Agent, among the applicable Originator, a Seller, Collection Bank and the Agent, as it may be amended, restated, supplemented or otherwise modified and in effect from time to time.

  • Investment Property Control Agreement means an agreement in writing, in form and substance satisfactory to Agent, by and among Agent, any Borrower or Guarantor (as the case may be) and any securities intermediary, commodity intermediary or other person who has custody, control or possession of any investment property of such Borrower or Guarantor acknowledging that such securities intermediary, commodity intermediary or other person has custody, control or possession of such investment property on behalf of Agent, that it will comply with entitlement orders originated by Agent with respect to such investment property, or other instructions of Agent, and has such other terms and conditions as Agent may require.

  • Blocked Account Agreements has the meaning set forth in Section 2.22(c).

  • Change of Control Agreement means the Change of Control letter agreement between the Company and the Executive of even date herewith.

  • Spread Account Agreement means the Spread Account Agreement dated as of December 1, 1994, as amended and restated as of May 11, 1998 among the Insurer, the Seller and the Collateral Agent, as the same may be modified, supplemented or otherwise amended in accordance with the terms thereof.