Deposit Account Control Agreement Clause Samples
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Deposit Account Control Agreement control agreement satisfactory to Agent executed by an institution maintaining a Deposit Account for an Obligor, to perfect Agent’s Lien on such account.
Deposit Account Control Agreement. Each deposit account control agreement, in form and substance satisfactory to Agent, from time to time executed by a Deposit Account Bank in favor of Agent for the benefit of Agent and Lenders, each applicable Loan Party and Agent.
Deposit Account Control Agreement. A Deposit Account Control Agreement, duly executed and delivered by each Initial Borrower, the applicable Account Bank and Administrative Agent, with respect to each Collateral Account, which shall be acceptable to Administrative Agent and each Lender in its sole but reasonable discretion;
Deposit Account Control Agreement. Intentionally Omitted.
Deposit Account Control Agreement. Within sixty (60) days after the Closing Date, the Credit Parties shall use commercially reasonable efforts to enter into Deposit Account Control Agreements with respect to all Deposit Accounts that do not constitute Excluded Accounts.
Deposit Account Control Agreement a deposit account control agreement to be executed and delivered among any Loan Party, Agent and each bank at which such Loan Party maintains any deposit account (including the Depositary Agreement), in each case, substantially in the form of Exhibit C or otherwise in a form reasonably satisfactory to Agent, as the same may be amended, restated, replaced, supplemented or otherwise modified from time to time.
Deposit Account Control Agreement. By no later than thirty (30) days after the Closing Date, the Borrower shall deliver to the Administrative Agent a Deposit Account Control Agreement, in form and substance reasonably satisfactory to the Administrative Agent, for the Deposit Account of the Borrower held at Bank of America having the account number previously disclosed to the Administrative Agent.
Deposit Account Control Agreement. In the case of the Borrower only, such Grantor and the Administrative Agent agree and covenant that:
(a) the Borrower will cause all cash, instruments, securities, other financial assets and funds paid to it and/or paid to the CMBS Manager (or the Person acting in a capacity analogous to the CMBS Manager pursuant to any Additional Securitization Arrangements) from time to time under, pursuant to or in connection with the 2005 Securitization Arrangements, the 2006 Securitization Arrangements and the Additional Securitization Arrangements to be paid into the Account (as defined in the Deposit Account Control Agreement) (or, in the case of such cash, instruments, securities, other financial assets and funds paid to the CMBS Manager (or the Person acting in a capacity analogous to the CMBS Manager pursuant to any Additional Securitization Arrangements), dividended to SBA Senior Finance II LLC and then, in turn, to the Borrower and transferred into such Account as soon as practicable but in any event within ten Business Days) and to so remain in such Account so long as it remains in possession of such cash, instruments, securities, other financial assets and funds. Notwithstanding the foregoing and subject to Section 1 of the Deposit Account Control Agreement, nothing contained herein shall limit the ability of the Borrower to withdraw all or any portion of the funds on deposit in such Account or the Lockboxes (as defined in the Deposit Account Control Agreement) and to otherwise deal with the Account Collateral (as defined in the Deposit Account Control Agreement) for any purpose whatsoever, including distributions or contributions to an Affiliate which may use such funds for any purpose whatsoever; provided, however, that such withdrawn funds shall not be deposited into any account of the Borrower other than such Account or another account subject to an agreement substantially similar to the Deposit Account Control Agreement and reasonably satisfactory to the Administrative Agent, but nothing contained herein shall restrict or impair the ability of the Borrower to maintain other accounts not covered by the Deposit Account Control Agreement containing other funds.
(b) the Borrower will maintain the security interest created by the Deposit Account Control Agreement as a first priority, perfected security interest and defend the right, title and interest of the Administrative Agent, for the benefit of the Secured Parties, in and to the Account Collateral against...
Deposit Account Control Agreement. Delivery to Administrative Agent of a Deposit Account Control Agreement sufficient to perfect the security interests created in the deposit accounts held at First Union National Bank pursuant to the Collateral Documents; and
Deposit Account Control Agreement. Upon the occurrence and during the continuance of an Event of Default, L▇▇▇▇▇ may exercise any and all rights as a secured creditor in respect of the Deposit Accounts of Company, including without limitation providing instructions to the bank regarding the withdrawal or disposition of any funds credited to the Deposit Accounts and as to any other matters relating to the Deposit Accounts in accordance with the terms of the Deposit Account Control Agreement.
