Concentration Accounts. The relevant Pledgors have established the Concentration Accounts for purposes of this Agreement and the other relevant Credit Documents, which Concentration Accounts are maintained in its name with Nordea Bank Finland plc, Cayman Islands Branch (or such other deposit account bank as the Pledgee may agree in its sole discretion which has agreed to enter into a deposit account control agreement in form and substance reasonably acceptable to the Pledgee) located at 000 Xxxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000. Each relevant Pledgor, the applicable deposit account bank and the Pledgee are entering into a Control Agreement Regarding Deposit Accounts substantially in the form attached hereto as Annex H (the “Control Agreement”) simultaneously herewith, which provides that the Concentration Accounts shall be under the control of the Pledgee, as agent for the Secured Creditors, subject to the terms of the Secondary Intercreditor Agreement, and the Pledgee shall have the right to direct withdrawals from the Concentration Accounts (after the occurrence and during the continuation of an Event of Default) and to exercise all rights with respect to all of the Earnings Collateral (as defined below) (after the occurrence and during the continuation of an Event of Default) from time to time deposited therein pursuant to the terms of this Agreement and the Control Agreement. All Earnings Collateral delivered to, or held by or on behalf of, the Pledgee pursuant to each of the Secondary Assignments of Earnings shall be held in the Concentration Accounts in accordance with the provisions thereof.
Concentration Accounts. At all times after any Collateral Establishment Date and before a Collateral Release Date, Holdings and the Borrower will maintain Holdings' and each Restricted Subsidiary's principal concentration account with one or more Lenders.
Concentration Accounts. (i) The Borrower has established the Concentration Accounts subject to fully executed Concentration Account Agreements. The Borrower agrees that, subject to clause (iv) below, the Administrative Agent shall have exclusive dominion and control of each Concentration Account and all monies, instruments and other property from time to time on deposit therein.
Concentration Accounts. Until the Termination Date, Borrower shall establish the accounts set forth in Part B of Disclosure Schedule (3.19) (together with any other accounts established in accordance with the last sentence of this clause (c), each, a "Concentration Account", and collectively, the "Concentration Accounts") with The Bank of New York and Bank of America, N.A. (together with any other financial institution (having total assets of more than $1,000,000,000 at the time any Concentration Account is established) at which such accounts are maintained, each, a "Concentration Account Bank", and collectively, the "Concentration Account Banks"). Borrower will cause to be delivered to Administrative Agent a Control Agreement (in form and substance satisfactory to Administrative Agent) duly executed by each Concentration Account Bank and Borrower (the "Closing Date Control Agreements") within the timeframes set forth in Section 5.15(c). Borrower shall not (nor shall it permit any other Credit Party or any of their respective Subsidiaries to) (i) terminate any Concentration Account unless prior to doing so (w) such Person has established a replacement Concentration Account (which replacement may be any then-existing Concentration Account) and (x) in the case of any replacement Concentration Account for which there does not exist a Control Agreement in form and substance reasonably acceptable to Administrative Agent (an "Existing Control Agreement"), such Person shall have delivered to Administrative Agent a Control Agreement substantially in the form of the Closing Date Control Agreement or otherwise in form and substance reasonably acceptable to it and executed by such replacement Concentration Account Bank and such Person or (ii) open new or additional Concentration Accounts (or accounts having a similar functions) without (y) giving prior written notice thereof to Administrative Agent (it being acknowledged that no consent of Administrative Agent to the opening of such new or additional account shall be required so long as the total assets of such financial institution are more than $1,000,000,000 at the time such account is opened) and (z) in the case of any new or additional Concentration Account, having delivered to Administrative Agent prior to the establishment of any such account, a Control Agreement (in form and substance substantially similar to the Closing Date Control Agreement or otherwise reasonably satisfactory to Administrative Agent) duly executed by the Concent...
Concentration Accounts. 22 Section 7.
Concentration Accounts. Borrower will ensure that each of the Concentration Accounts has been transferred into Borrower’s name on or before the Closing Date, and will ensure that all available funds from each of the Deposit Accounts are swept on a daily basis into a Concentration Account.
Concentration Accounts. (a) On any Business Day, Borrower may withdraw, or permit Servicer to withdraw, funds that are on deposit in the Concentration Accounts, provided that (i) no Significant Event or Unmatured Significant Event has occurred and is continuing, (ii) the Commitment Termination Date has not occurred, and (iii) after giving effect to such withdrawal, no Borrowing Base Deficit has occurred or will result therefrom and there are funds in the Concentration Accounts at least equal to the interest on the Loans and the Fees accrued through such date.
Concentration Accounts. 16 Section 4. SECURITY -- COLLATERAL 16 4.1. Grant. 16 4.2. Further Assurances. 17 Section 5. CONDITIONS PRECEDENT 17 5.1. Conditions Precedent to the Effectiveness of this Agreement. 17 5.2. Conditions Precedent to Each Advance. 18 Section 6. REPRESENTATIONS AND WARRANTIES 19 6.1.
Concentration Accounts. (a) The Manager shall maintain the Concentration Accounts, deposit funds therein and withdraw funds therefrom in accordance with the terms of the Indenture.
Concentration Accounts. As of the Restatement Effective Date, Schedule 3.22 sets forth a complete and accurate list of all the principal concentration accounts located in the United States and used by the U.S. Borrower or any Domestic Subsidiary Loan Party.
