Certain Accounts. Schedule 3.10 lists each bank account, cash account, brokerage account and other similar account in which the Company has any interest.
Certain Accounts. Section 3.10 of the Disclosure Schedule lists each bank account, cash account, brokerage account and other similar account in which any Acquired Company has any interest.
Certain Accounts. All of the deposit accounts in the name of or used by any Loan Party maintained at any bank or other financial institution are set forth on Schedule 5 to the Perfection Certificate, subject to the right of each Loan Party to establish new accounts so long as the Guarantee and Collateral Requirement with respect thereto shall have been satisfied.”
Certain Accounts. Section 5.19 of the Credit Agreement is hereby amended and restated in its entirety as follows:
Certain Accounts. The Company represents and warrants to each Buyer that Schedule 4(v) hereto sets forth a full and complete list of every bank and other financial institution at which the Company presently has an account (each, an "Existing Account"). The Company represents and warrants to each Buyer that (1) the Company has deposited or otherwise transferred any and all funds, including (without any limitation) those funds released from any Existing Account that does not become a Permitted Account (as defined) pursuant hereto, to the First Union National Bank Account Nos. 20000009652305, 2100043128724 and/or 4166-9926 (the "First Union Accounts"), and (2) the Company has caused each Existing Account denoted with an asterisk on Schedule 4(v) to be a Permitted Account, and the Company shall use its best commercial efforts to obtain the signature of each depository institution reasonably requested by any Buyer to sign a Bank Agreement in connection with such Existing Account becoming a Permitted Account and shall deliver to the Agent (for the benefit of the Buyers) any opinion that the Agent may reasonably request in connection with the applicable Bank Agreement. In addition, the Company shall take the following actions with respect to the Existing Accounts:
Certain Accounts. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, no Loan Party shall be required to cause any U.S. Bank Account to be subject to a Deposit Account Control Agreement so long as (i) such U.S. Bank Account is and continues to be a custodial account and does not constitute a Deposit Account or Securities Account and (ii) the custodian of such U.S. Bank Account remains under written instruction by an authorized officer of the customer of such U.S. Bank Account to automatically transfer any cash that is deposited in such U.S. Bank Account to a Linked Deposit Account (or such other Deposit Account as to which the Administrative Agent shall have entered into an agreement which provides the Administrative Agent with “control” (as such term is defined under the UCC) with respect to such Deposit Account).
Certain Accounts. Each Grantor shall use commercially reasonable efforts to transfer ownership of (i) the HSBC Credit Card Receivables Accounts by the end of the second calendar quarter of 2006 and (ii) any account established in connection with the establishment of the applicable Permitted Replacement Credit Card Program prior to the establishment thereof or as promptly thereafter as is reasonably practicable.
Certain Accounts. No Loan Party will render any invoice that: (i) is expressly conditional, permits returns or restricts collection rights or assignments in any respect; (ii) permits payment (A) more than 30 days after the invoice date, (B) in any currency other than United States Dollars, or (C) at any location outside the United States; or (iii) provides for the underlying obligation to be evidenced by chattel paper or any note or other instrument; provided, however, that a Loan Party may do so if and only to the extent specifically authorized in advance to do so by the Lender in writing in its sole and absolute discretion.
Certain Accounts. The Accrual Accounts and the Unpaid Distribution Accounts do not constitute capital accounts, but are established and maintained solely for the purpose of computing various distributions to be made hereunder.
Certain Accounts. With respect to certain tax-deferred or tax-exempt plans or accounts (such as individual retirement accounts (“IRAs”), SIMPLE IRAs, SEP IRAs, Xxxx IRAs, Xxxxxxxxx Education Savings Accounts, and 403(b) arrangements), the Transfer Agent, at the request of the Funds, shall make arrangements with State Street Bank and Trust Company (“State Street”) to act as named custodian for such plans and/or accounts and for the provision of appropriate plan and/or account documents; and the Transfer Agent shall provide various services to such plans and/or accounts, as custodial agent to State Street, including account set-up and maintenance, disbursements, and such other services as the parties hereto shall mutually agree upon.”
