Funding Account Bank definition
Examples of Funding Account Bank in a sentence
In executing any amendment to this Agreement, each of the Bank Parties, the Collection Account Bank and the Funding Account Bank shall be entitled to receive an Opinion of Counsel and an Officer’s Certificate stating that the execution of such amendment is authorized or permitted by this Agreement and that all conditions precedent thereto have been satisfied.
The Borrower, or the Servicer on its behalf, shall cause to be established before the Effective Date, and maintained in the name of the Borrower, with the Funding Account Bank, an account for the purpose of receiving the proceeds of Advances, which shall be pledged on a first priority basis to the Administrative Agent, as agent for the Secured Parties, and subject to the Funding Account SACA (including any successor account, the “Funding Account”).
No amendment, waiver or other modification (i) directly affecting the rights or obligations of any Hedge Counterparty or (ii) having a material effect on the rights or obligations of a Bank Party, the Collection Account Bank or the Funding Account Bank shall be effective against such Person without the written agreement of such Person.
Each of the Collection Account Bank and the Funding Account Bank shall be a third party beneficiary of this Agreement with the right to enforce its rights hereunder as if a direct party hereto.
The Borrower or the Servicer on its behalf will deliver a copy of all waivers and amendments to the Bank Parties, the Collection Account Bank and the Funding Account Bank.
The Servicer will furnish to the Administrative Agent, the Bank Parties, the Collection Account Bank and the Funding Account Bank, (1) promptly upon becoming aware thereof (and in any event within two (2) Business Days), notice of (x) any Change of Control or (y) any other event or circumstance that could reasonably be expected to have a Material Adverse Effect and (2) promptly upon becoming aware thereof, any failure of the Borrowing Base Test to be satisfied.
All money held by each of the Funding Account Banks under this Agreement in the Funding Transaction Account (in the case of Account Bank A) or the Funding GIG Account (in the case of Account B) are held by the relevant Funding Account Bank as banker and not as trustee (or in Scotland as agent) and as a result the money will not be held in accordance with the Client Money Rules of the FCA.
Notwithstanding anything to the contrary in the Credit Agreement, each of the parties hereto hereby acknowledges and agrees that the indemnification, payment and reimbursement rights of the Paying Agent, the Collection Account Bank and the Funding Account Bank provided under the Credit Agreement shall survive the amendment of the Credit Agreement, including with respect to the payment of any Bank Fees and Expenses, including any any fees and expenses in connection with the execution of this Amendment.
All money held by each of the Funding Account Banks under this Agreement in the Funding Transaction Account (in the case of Account Bank A) or the Funding GIG Account (in the case of Account B) are held by the relevant Funding Account Bank as banker and not as trustee (or in Scotland as agent) and as a result the money will not be held in accordance with the client money rules of the FCA.
Bank Revolver / Documentary LCs and Collections Funding Account Bank of America Michaels Stores Procurement Company, Inc.