Common use of Commodities Accounts Clause in Contracts

Commodities Accounts. As of the date hereof, no Grantor has any Commodities Accounts other than those listed in Schedule 3.06(c) hereto. As promptly as practicable, and in any event within 75 days after the Initial Borrowing Date (or such longer period as may be agreed by the Collateral Agent in its sole discretion), all of the Commodities Accounts of each Grantor shall be subject to the terms of a fully executed Commodities Account Control Agreement. No Grantor shall hereafter establish or acquire any Commodities Account with any Commodity Intermediary unless (1) the applicable Grantor shall have given the Collateral Agent 10 days’ prior written notice (or such shorter period as is agreed by the Collateral Agent in its sole discretion), (2) such Commodity Intermediary and such Grantor shall have duly executed and delivered a Commodities Account Control Agreement with respect to such Commodities Account, and (3) the respective Grantor shall furnish to the Collateral Agent a supplement to Schedule 3.06(c) hereto containing the relevant information with respect to the respective Commodities Account and the Commodity Intermediary with which same is established. The Collateral Agent agrees with each Grantor that the Collateral Agent shall not give any instructions or directions to any Commodities Intermediary, and shall not withhold its consent to the exercise of any withdrawal or dealing rights by such Grantor, unless an Event of Default has occurred and is continuing or, after giving effect to any such investment and withdrawal rights, would occur.

Commodities Accounts. As of the date hereof, no each Grantor has any no Commodities Accounts other than those listed in Schedule 3.06(c4.06(c) hereto. As promptly as practicable, and in any event within 75 60 days after the Initial Borrowing Date (or such longer period as may be agreed by the Collateral Agent in its sole discretion), all of the Commodities Accounts of each Grantor shall be subject to the terms of a fully executed Commodities Account Control Agreement. No Grantor shall hereafter establish or acquire any Commodities Account with any Commodity Intermediary unless (1) the applicable Grantor shall have given the Collateral Agent 10 15 days’ prior written notice (or such shorter period as is agreed by the Collateral Agent in its sole discretion), (2) such Commodity Intermediary and such Grantor shall have duly executed and delivered a Commodities Account Control Agreement with respect to such Commodities Account, and (3) the respective Grantor shall furnish to the Collateral Agent a supplement to Schedule 3.06(c4.06(c) hereto containing the relevant information with respect to the respective Commodities Account and the Commodity Intermediary with which same is established. The Collateral Agent agrees with each Grantor that the Collateral Agent shall not give any instructions or directions to any Commodities Intermediary, and shall not withhold its consent to the exercise of any withdrawal or dealing rights by such Grantor, unless an Event of Default has occurred and is continuing or, after giving effect to any such investment and withdrawal rights, would occur. Except in accordance with the RCF Intercreditor Agreement, if applicable, no Grantor shall grant Control over any Commodities Account to any Person other than the Collateral Agent.