Access to Restricted Account Sample Clauses

Access to Restricted Account. Secured Party agrees that Company will be allowed access to the Account Funds until Bank receives written instructions from Secured Party directing that Company no longer have access to any Account Funds (the “Instructions”). Company agrees that the Account Funds should be paid to Secured Party after Bank receives the Instructions, and hereby irrevocably authorizes Bank to comply with the Instructions even if Company objects in any way to the Instructions. Company further agrees that after Bank receives the Instructions, Company will not have access to any Account Funds.
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Access to Restricted Account. Wells Fargo agrees to comply with instructions originated by Controllxxx Xecured Party directing disposition of Account Funds without further consent by Customer or other Secured Party. Wells Fargo may comply with instructions (a "BLOCKAGE NOTICE") directxxx xhe disposition of Account Funds originated by Customer until such time as Controlling Secured Party delivers a notice to Wells Fargo to the effect that Controlling Secured Party is thereby exxxxxsing exclusive control over the Restricted Account and from and after receipt by Wells Fargo of a Blockage Notice (and until Wells Fargo receives from Xxxxrolling Secured Party a written withdraxxx xf such Blockage Notice), none of Customer, any person acting through or under Customer or other Secured Party shall have any access to the Restricted Account and Wells Fargo shall not comply with any instructions originated by Custxxxx, any such person or other Secured Party directing disposition of Account Funds. Wells Fargo has not agreed and will not agree with any person other txxx Xecured Parties to comply with instructions or other directions concerning the Restricted Account or the disposition of Account Funds originated by such person without the prior written consent in each instance of Secured Parties and Customer. As used herein, the term (i) "CONTROLLING SECURED PARTY" shall mean (x) Senior Secured Party until Senior Secured Party has given written notice to Wells Fargo (with a copy of the same to Junior Secured Party and Cusxxxxx of the Discharge of Senior Lender Claims (as defined in the Intercreditor Agreement, dated as of October 15, 2002 (as amended, supplemented, amended and restated or otherwise modified from time to time, the "INTERCREDITOR AGREEMENT"), among, inter alia, Customer and Secured Parties) and (y) thereafter, Junior Secured Party and (ii) "OTHER SECURED PARTY" shall (x) mean for so long as the Controlling Secured Party is Senior Secured Party, Junior Secured Party and (y) for so long as Controlling Secured Party is Junior Secured Party, not refer to any person.
Sample 1
Access to Restricted Account. Wells Fargo agrees to comply with instructions originated by Controllxxx Xecured Party directing disposition of Account Funds without further consent by Customer or other Secured Party. Customer agrees that it will not be able to withdraw money from the Restricted Account, that it will not have access to the Restricted Account or any Account Funds, and that Controlling Secured Party will have exclusive access to the Account Funds and the Restricted Account, except as specifically provided in this Agreement or as specifically agreed by Controlling Secured Party in writing. As used herein, the term (i) "CONTROLLING SECURED PARTY" shall mean (x) Senior Secured Party until Senior Secured Party has given written notice to Wells Fargo (with a copy of the same to Junior Secured Party and Custxxxx of the Discharge of Senior Lender Claims (as defined in the Intercreditor Agreement, dated as of October 15, 2002 (as amended, supplemented, amended and restated or otherwise modified from time to time, the "INTERCREDITOR AGREEMENT"), among, inter alia, Customer and Secured Parties) and (y) thereafter, Junior Secured Party and (ii) "OTHER SECURED PARTY" shall mean for so long as Controlling Secured Party is Senior Secured Party, Junior Secured Party and (y) for so long as Controlling Secured Party is Junior Secured Party, not refer to any person.
Sample 1
Access to Restricted Account. Trustee agrees that Customer will be allowed access to the Account Funds until Xxxxx Fargo receives written instructions from Trustee directing that Customer no longer has access to any Account Funds (the “Instructions”). Trustee agrees with Customer that it shall not deliver the Instructions to Xxxxx Fargo except after the occurrence and during the continuation of an Event of Default under (and as defined in) the Indenture; it being understood and agreed that Xxxxx Fargo shall rely exclusively on Instructions as to the existence of such Event of Default and shall be under no obligation to make any independent investigation as to the existence of such Event of Default. Customer agrees that the Account Funds should be paid to Trustee after Xxxxx Fargo receives the Instructions, and hereby irrevocably authorizes Xxxxx Fargo to comply with the Instructions even if Customer objects in any way to the Instructions. Customer further agrees that after Xxxxx Fargo receives the Instructions, Customer will not have access to any Account Funds.
Sample 1
Access to Restricted Account. Until Xxxxx Fargo receives notice from the Secured Party that the Customer's rights are terminated (a "Rights Termination Notice"), Xxxxx Fargo will comply with all notices, requests, and other instructions from the Customer for disposition of funds in the Restricted Account, including but not limited to orders, notices, requests or instructions to withdraw or transfer any Collateral, and to pay or transfer any Collateral to the Customer or any other person or entity, but not to redeem or terminate the Restricted Account. Except in accordance with the previous sentence, without the Secured Party's written consent Xxxxx Fargo will not comply with any order, notice, request or other instruction from the Customer or any other person or entity except the Secured Party relating to any Collateral, and Xxxxx Fargo will not pay or transfer any Collateral to the Customer or any other person or entity except the Secured Party. Customer agrees that it will not be able to withdraw money from the Restricted Account, that it will not have access to the Restricted Account or any Collateral, and that Secured Party will have exclusive access to the Restricted Account and all Collateral, except as specifically provided in this Agreement or as specifically agreed by Secured Party in writing.
Sample 1
Access to Restricted Account. Company agrees that it will not be able to make debits or withdrawals from the Restricted Account, that it will not have access to the Restricted Account or any Account Funds, and that Secured Party will have exclusive access to the Restricted Account and Account Funds, except as specifically provided in this Agreement or as specifically agreed by Secured Party in writing.
Sample 1

Related to Access to Restricted Account

  • Access to NID 2.17.3.1 TWTC may access the customer’s premises wiring by any of the following means and TWTC shall not disturb the existing form of electrical protection and shall maintain the physical integrity of the NID:

  • Investment; Access to Data The undersigned has carefully reviewed and understands the risks of, and other considerations relating to, a purchase of the Common Stock and an investment in the Company. The undersigned has been furnished materials relating to the Company, the private placement of the Common Stock or anything else that it has requested and has been afforded the opportunity to ask questions and receive answers concerning the terms and conditions of the offering and obtain any additional information which the Company possesses or can acquire without unreasonable effort or expense. Representatives of the Company have answered all inquiries that the undersigned has made of them concerning the Company, or any other matters relating to the formation and operation of the Company and the offering and sale of the Common Stock. The undersigned has not been furnished any offering literature other than the materials that the Company may have provided at the request of the undersigned; and the undersigned has relied only on such information furnished or made available to the undersigned by the Company as described in this Section. The undersigned is acquiring the Shares for investment for the undersigned's own account, not as a nominee or agent and not with the view to, or for resale in connection with, any distribution thereof. The undersigned acknowledges that the Company is a start-up company with no current operations, assets or operating history, which may possibly cause a loss of Purchaser’s entire investment in the Company.

  • Access to Site 3.05.1 Contractor may enter and leave the premises at all reasonable times without charge. Contractor and its employees may use the common areas and roadways of the premises where it is to perform the services together with all facilities, equipment, improvements, and services provided in connection with the premises for common use. This excludes parking for Contractor’s personnel. Contractor shall repair any damage caused by it or its employees as a result of its use of the common areas.

  • Termination/Access Restriction Untamed Wanderer LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Untamed Wanderer LLC as a result of this agreement or use of the Site. Untamed Wanderer LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Untamed Wanderer LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Untamed Wanderer LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Untamed Wanderer LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Untamed Wanderer LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

  • Limitation on Restrictions on Distributions from Restricted Subsidiaries (a) The Company shall not, and shall not permit any Restricted Subsidiary to, create or otherwise cause or permit to exist or become effective any consensual encumbrance or consensual restriction on the ability of any Restricted Subsidiary to:

  • Access to Data Operator shall make Data in the possession of the Operator available to the LEA within five (5) business days of a request by the LEA.

  • Retention of Records; Access 7.01 For so long as the contents thereof may become material in the administration of any matter under applicable Tax Law, but in any event until the later of (i) the expiration of any applicable statutes of limitation and (ii) seven years after the Closing Date, the Parties shall (a) retain records, documents, accounting data and other information (including computer data and the systems necessary to access such data) necessary for the preparation and filing of all Tax Returns in respect of Taxes of any member of the CCE Group or the Splitco Group or for any Tax Contests relating to such Tax Returns, and (b) give to the other Parties reasonable access to such records, documents, accounting data and other information (including computer data) and to its personnel (insuring their cooperation), systems and premises, for the purpose of the review or audit of such Tax Returns to the extent relevant to an obligation or liability of a Party under this Agreement or for purposes of the preparation or filing of any such Tax Return, the conduct of any Tax Contest or any other matter reasonably and in good faith related to the Tax affairs of the requesting Party. At any time after the Closing Date that TCCC or Splitco proposes to destroy such material or information, it shall first notify the other Party in writing and such other Party shall be entitled to receive such materials or information proposed to be destroyed.

  • RECORD RETENTION AND ACCESS TO RECORDS Provided Contractor is given reasonable advance written notice and such inspection is made during normal business hours of Contractor, the State or any duly authorized representatives shall have unimpeded, prompt access to any of Contractor’s books, documents, papers, and/or records which are maintained or produced as a result of the project for the purpose of making audits, examinations, excerpts, and transcriptions. All records related to this agreement shall be retained by Contractor for three (3) years after final payment is made under this agreement and all pending matters are closed; however, if any audit, litigation or other action arising out of or related in any way to this project is commenced before the end of the three (3) year period, the records shall be retained for one (1) year after all issues arising out of the action are finally resolved or until the end of the three (3) year period, whichever is later.

  • AUDITS; ACCESS TO RECORDS The CONTRACTOR shall make available to the COUNTY, its authorized agents, officers, or employees, for examination any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the expenditures and disbursements charged to the COUNTY, and shall furnish to the COUNTY, within sixty (60) days after examination, its authorized agents, officers or employees such other evidence or information as the COUNTY may require with regard to any such expenditure or disbursement charged by the CONTRACTOR. The CONTRACTOR shall maintain full and adequate records in accordance with County requirements to show the actual costs incurred by the CONTRACTOR in the performance of this Agreement. If such books and records are not kept and maintained by CONTRACTOR within the County of Mendocino, California, CONTRACTOR shall, upon request of the COUNTY, make such books and records available to the COUNTY for inspection at a location within County or CONTRACTOR shall pay to the COUNTY the reasonable, and necessary costs incurred by the COUNTY in inspecting CONTRACTOR’s books and records, including, but not limited to, travel, lodging and subsistence costs. CONTRACTOR shall provide such assistance as may be reasonably required in the course of such inspection. The COUNTY further reserves the right to examine and reexamine said books, records and data during the four (4) year period following termination of this Agreement or completion of all work hereunder, as evidenced in writing by the COUNTY, and the CONTRACTOR shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatsoever for four

  • Limitation on Restricted Actions The Credit Parties will not, nor will they permit any Subsidiary to, directly or indirectly, create or otherwise cause or suffer to exist or become effective any encumbrance or restriction on the ability of any such Person to (a) pay dividends or make any other distributions to any Credit Party on its Equity Interest or with respect to any other interest or participation in, or measured by, its profits, (b) pay any Indebtedness or other obligation owed to any Credit Party, (c) make loans or advances to any Credit Party, (d) sell, lease or transfer any of its properties or assets to any Credit Party, or (e) act as a Guarantor and pledge its assets pursuant to the Credit Documents or any renewals, refinancings, exchanges, refundings or extension thereof, except (in respect of any of the matters referred to in clauses (a)-(d) above) for such encumbrances or restrictions existing under or by reason of (i) this Agreement and the other Credit Documents, (ii) applicable law, (iii) any document or instrument governing Indebtedness incurred pursuant to Section 6.1(c); provided that any such restriction contained therein relates only to the asset or assets constructed or acquired in connection therewith, or (iv) any Permitted Lien or any document or instrument governing any Permitted Lien; provided that any such restriction contained therein relates only to the asset or assets subject to such Permitted Lien.

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