Common use of Establishment of Collateral Accounts Clause in Contracts

Establishment of Collateral Accounts. Securities Intermediary acknowledges and agrees that: (i) it has established and is maintaining on its books and records the accounts identified on the attached Schedule 1 (each such account, together with any replacements thereof or substitutions therefor, the “Collateral Account” and such accounts, collectively, the “Collateral Accounts”) in the name of the Borrower; (ii) each Collateral Account is a “securities account” (within the meaning of Section 8-501(a) of the UCC) in respect of which Securities Intermediary is a “securities intermediary” (within the meaning of Section 8-102(a)(14) of the UCC and, with respect to any Book-Entry Security, within the meaning of Federal Book-Entry Regulations) and the Security Agent is the “entitlement holder” (within the meaning of Section 8-102(a)(7) of the UCC); provided, however, that if, notwithstanding the intention of the parties hereto, all or any portion of the Collateral Account is determined to be a “deposit account” (within the meaning of Section 9-102 of the UCC) rather than a “securities account,” then the Securities Intermediary represents, warrants, covenants and agrees that it is a “bank” (as defined in Section 9-102(a)(8) of the UCC) and will treat the Borrower as its customer (within the meaning of Section 9-104(a)(3) of the UCC) with respect to the Collateral Accounts (or portion thereof); (iii) all property delivered, or to be delivered, to Securities Intermediary pursuant to this Agreement is, and will be, promptly credited to the Collateral Accounts; (iv) it does not know of any claim to or interest in any Collateral Account or any assets or funds therein, except for claims and interests of the parties to this Agreement as set forth herein; and (v) it shall not change the name or account number of any Collateral Account without the prior written consent of the Security Agent. Except as provided in Section 2(b), Securities Intermediary agrees that it shall not take “entitlement orders” (as defined in Section 8-102(a)(8) of the UCC) or “instructions” (within the meaning of Section 9-104(a)(2) of the UCC) with respect to the Collateral Accounts or any assets or funds therein from any Person other than the Security Agent.

Establishment of Collateral Accounts. The Securities Intermediary acknowledges and agrees that: (i) it has established and is maintaining on its books will maintain segregated accounts, each entitled “Citibank as Secured Party-Invesco Xxx Xxxxxx Dynamic Credit Opportunities Fund”, Account Number 00000000, ABA Number 000-000-000 (the “Invesco Deposit Account”). Account Number JL2X (the “Invesco Securities Account”), Account Number 00000000, ABA Number 000-000-000 (the “Avenue Deposit Account”, and records the accounts identified on the attached Schedule 1 (each such account, together with any replacements thereof or substitutions thereforthe Invesco Deposit Account, collectively, the “Collateral Deposit Accounts”), and Account Number JL2Y (the “Avenue Securities Account” and such accountstogether the Invesco Securities Account, collectively the “Securities Accounts”; the Deposit Accounts and the Securities Accounts, collectively, the “Collateral Accounts”) in the name of the Borrower; ). Each party hereto agrees that (iii) each Collateral Securities Account is constitutes a “securities account” within the meaning of Article 8 of the Uniform Commercial Code in effect from time to time in the State of New York (the “UCC”), (ii) each Deposit Account constitutes a “deposit account” within the meaning of Article 9 of the UCC, and (iii) all property now or hereafter held, credited or carried by, in or to the credit of the Securities Accounts (other than cash and Loan Assets) shall be treated as “financial assets” within the meaning of Section 8-501(a102(a)(9) of the UCC. Each Collateral Account shall be maintained separately and apart from any other account or sub-account of the Borrower. For the avoidance of doubt, the Program Agent hereby acknowledges that assets issued outside the United States (“Foreign Security System Assets”) and held in respect the Securities Accounts (including those assets held in Euroclear or Clearstream (each a “Foreign Holding Company”)), which are held by the Securities Intermediary, a sub-custodian within the Securities Intermediary’s network of sub-custodians (each a “Sub-Custodian”) or a depository or book-entry system for the central handling of securities and other financial assets in which the Securities Intermediary is or the Sub-Custodian are participants (each, a “securities intermediary” (within Securities System”) may not permit the meaning of Section 8-102(a)(14) of Borrower to have a security entitlement under the UCC and, with respect to any Book-Entry Security, within the meaning of Federal Book-Entry Regulations) and the such Foreign Security Agent is the “entitlement holder” (within the meaning of Section 8-102(a)(7) of the UCC); provided, however, that if, notwithstanding the intention of the parties hereto, all or any portion of the Collateral Account is determined to be a “deposit account” (within the meaning of Section 9-102 of the UCC) rather than a “securities account,” then the System Assets. The Securities Intermediary represents, warrants, covenants and agrees that it is a “bank” (as defined in Section 9-102(a)(8) of the UCC) and will treat the Borrower as its customer (within the meaning of Section 9-104(a)(3) of the UCC) with respect to the Collateral Accounts (or portion thereof); (iii) all property delivered, or to be delivered, to Securities Intermediary pursuant to this Agreement is, and will be, promptly credited to the Collateral Accounts; (iv) it does not know of any claim to or interest in any Collateral Account or any assets or funds therein, except for claims and interests of the parties to this Agreement as set forth herein; and (v) it shall not change the name or the account number of any Collateral Account without the prior written consent of the Security Program Agent.” The parties hereto agree that, effective as of the date hereof, Section 3(b) of the Control Agreement shall be amended by (i) replacing each reference to “the Securities Account” set forth therein with a reference to “a Securities Account”, and (ii) replacing each reference to “the Deposit Account” set forth therein with a reference to “a Deposit Account”. Except The parties hereto agree that, effective as provided of the date hereof, Section 5(e)(x) of the Control Agreement shall be amended by replacing the reference to “the Securities Account” set forth therein with a reference to “any Securities Account”. The parties hereto agree that, effective as of the date hereof, Section 9(b)(i) of the Control Agreement shall be amended by replacing the reference to “the Securities Account” set forth therein with a reference to “each Securities Account”. The parties hereto agree that, effective as of the date hereof, Section 14 of the Control Agreement is hereby amended by replacing the information set forth therein under the heading “If to the Program Agent” with the following: “If to the Program Agent: If to the Program Agent: Citibank, N.A. 000 Xxxxxxxxx Xxxxxx, 0xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxx Telephone No.: (000) 000-0000 Facsimile No.: (000) 000-0000 With a copy to: Citibank, N.A. 000 Xxxxxxxxxx Xxxxxxxxx Xxxxxxxx, XX 00000 Attention: Xxxxxx Xxxx Telephone No. (000) 000-0000 Facsimile No. (000) 000-0000”. This Agreement of Amendment may be executed in Section 2(bany number of counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same agreement. The Borrower represents and warrants to the Program Agent, the Lenders, the Secondary Lenders and the Direct Lender that immediately after giving effect to this Agreement of Amendment, (i) its representations and warranties set forth in the Credit Agreement are true and correct in all material respects (unless made with respect to a specific earlier date, in which case such representations and warranties shall be true and correct as of such earlier date), Securities Intermediary agrees that it and (ii) no Default or Event of Default shall not take “entitlement orders” have occurred and be continuing. THIS AGREEMENT OF AMENDMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK. All references in the Program Documents (as defined in Section 8-102(a)(8the Credit Agreement) of the UCC) or “instructions” (within the meaning of Section 9-104(a)(2) of the UCC) with respect to the Collateral Accounts or any assets or funds therein from any Person other than Control Agreement on and after the Security Agent.date hereof shall be deemed to refer to the Control Agreement as amended hereby, and the parties hereto agree that on and after the date hereof, the Control Agreement, as amended hereby, is in full force and effect. [Signature Page Follows]

Establishment of Collateral Accounts. The Securities Intermediary acknowledges and agrees that: (i) it has established and is maintaining on its books and records the accounts identified on the attached Schedule 1 will maintain segregated accounts, each entitled “Citibank as Secured Party-Invesco Xxx Xxxxxx Dynamic Credit Opportunities Fund”, Account Number 00000000, ABA Number 000-000-000 (each such account, together with any replacements thereof or substitutions therefor, the “Collateral Deposit Account”) and Account Number JL2X (the “Securities Account” and such accountstogether with the Deposit Account, collectively, the “Collateral Accounts”). Each party hereto agrees that (i) in the name of the Borrower; (ii) each Collateral Securities Account is constitutes a “securities account” within the meaning of Article 8 of the Uniform Commercial Code in effect from time to time in the State of New York (the “UCC”), (ii) the Deposit Account constitutes a “deposit account” within the meaning of Article 9 of the UCC, and (iii) all property now or hereafter held, credited or carried by, in or to the credit of the Securities Account (other than cash and Loan Assets) shall be treated as “financial assets” within the meaning of Section 8-501(a102(a)(9) of the UCC. Each Collateral Account shall be maintained separately and apart from any other account or sub-account of the Borrower. For the avoidance of doubt, the Program Agent hereby acknowledges that assets issued outside the United States (“Foreign Security System Assets”) and held in respect the Securities Account (including those assets held in Euroclear or Clearstream (each a “Foreign Holding Company”)), which are held by the Securities Intermediary, a sub-custodian within the Securities Intermediary’s network of sub-custodians (each a “Sub-Custodian”) or a depository or book-entry system for the central handling of securities and other financial assets in which the Securities Intermediary is or the Sub-Custodian are participants (each, a “securities intermediary” (within Securities System”) may not permit the meaning of Section 8-102(a)(14) of Borrower to have a security entitlement under the UCC and, with respect to any Book-Entry Security, within the meaning of Federal Book-Entry Regulations) and the such Foreign Security Agent is the “entitlement holder” (within the meaning of Section 8-102(a)(7) of the UCC); provided, however, that if, notwithstanding the intention of the parties hereto, all or any portion of the Collateral Account is determined to be a “deposit account” (within the meaning of Section 9-102 of the UCC) rather than a “securities account,” then the System Assets. The Securities Intermediary represents, warrants, covenants and agrees that it is a “bank” (as defined in Section 9-102(a)(8) of the UCC) and will treat the Borrower as its customer (within the meaning of Section 9-104(a)(3) of the UCC) with respect to the Collateral Accounts (or portion thereof); (iii) all property delivered, or to be delivered, to Securities Intermediary pursuant to this Agreement is, and will be, promptly credited to the Collateral Accounts; (iv) it does not know of any claim to or interest in any Collateral Account or any assets or funds therein, except for claims and interests of the parties to this Agreement as set forth herein; and (v) it shall not change the name or the account number of any either Collateral Account without the prior written consent of the Security Agent. Except as provided in Section 2(b), Securities Intermediary agrees that it shall not take “entitlement orders” (as defined in Section 8-102(a)(8) of the UCC) or “instructions” (within the meaning of Section 9-104(a)(2) of the UCC) with respect to the Collateral Accounts or any assets or funds therein from any Person other than the Security Program Agent.

Establishment of Collateral Accounts. The Securities Intermediary acknowledges and agrees that: (i) it has established and is maintaining on its books and records the accounts identified on the attached Schedule 1 will maintain segregated accounts, each entitled “Citibank, N.A. as Secured Party-Invesco Xxx Xxxxxx Senior Income Trust”, Account Number 0000-000-0, ABA Number 000-000-000 (each such account, together with any replacements thereof or substitutions therefor, the “Collateral Deposit Account”) and Account Number JL42 (the “Securities Account” and such accountstogether with the Deposit Account, collectively, the “Collateral Accounts”). Each party hereto agrees that (i) in the name of the Borrower; (ii) each Collateral Securities Account is constitutes a “securities account” within the meaning of Article 8 of the Uniform Commercial Code in effect from time to time in the State of New York (the “UCC”), (ii) the Deposit Account constitutes a “deposit account” within the meaning of Article 9 of the UCC, and (iii) all property now or hereafter held, credited or carried by, in or to the credit of the Securities Account (other than cash and Loan Assets) shall be treated as “financial assets” within the meaning of Section 8-501(a102(a)(9) of the UCC. Each Collateral Account shall be maintained separately and apart from any other account or sub-account of the Borrower. For the avoidance of doubt, the Program Agent hereby acknowledges that assets issued outside the United States (“Foreign Security System Assets”) and held in respect the Securities Account (including those assets held in Euroclear or Clearstream (each a “Foreign Holding Company”)), which are held by the Securities Intermediary, a sub-custodian within the Securities Intermediary’s network of sub-custodians (each a “Sub-Custodian”) or a depository or book- entry system for the central handling of securities and other financial assets in which the Securities Intermediary is or the Sub-Custodian are participants (each, a “securities intermediary” (within Securities System”) may not permit the meaning of Section 8-102(a)(14) of Borrower to have a security entitlement under the UCC and, with respect to any Book-Entry Security, within the meaning of Federal Book-Entry Regulations) and the such Foreign Security Agent is the “entitlement holder” (within the meaning of Section 8-102(a)(7) of the UCC); provided, however, that if, notwithstanding the intention of the parties hereto, all or any portion of the Collateral Account is determined to be a “deposit account” (within the meaning of Section 9-102 of the UCC) rather than a “securities account,” then the System Assets. The Securities Intermediary represents, warrants, covenants and agrees that it is a “bank” (as defined in Section 9-102(a)(8) of the UCC) and will treat the Borrower as its customer (within the meaning of Section 9-104(a)(3) of the UCC) with respect to the Collateral Accounts (or portion thereof); (iii) all property delivered, or to be delivered, to Securities Intermediary pursuant to this Agreement is, and will be, promptly credited to the Collateral Accounts; (iv) it does not know of any claim to or interest in any Collateral Account or any assets or funds therein, except for claims and interests of the parties to this Agreement as set forth herein; and (v) it shall not change the name or the account number of any either Collateral Account without the prior written consent of the Security Agent. Except as provided in Section 2(b), Securities Intermediary agrees that it shall not take “entitlement orders” (as defined in Section 8-102(a)(8) of the UCC) or “instructions” (within the meaning of Section 9-104(a)(2) of the UCC) with respect to the Collateral Accounts or any assets or funds therein from any Person other than the Security Program Agent.

Establishment of Collateral Accounts. (a) The Securities Intermediary acknowledges and agrees that: (i) it has established and is maintaining will maintain each of the segregated accounts specified on its books Schedule I hereto, as such Schedule may be supplemented and records the accounts identified on the attached Schedule 1 modified in accordance with Section 16 hereto (each such account, together with any replacements thereof or substitutions therefor, the a “Collateral Account” and such accounts, collectively, the “Collateral Accounts”) in the name of the Borrower; (ii) ). The Securities Intermediary agrees that each Collateral Account is constitutes a “securities account” (within the meaning of Section 8-501(a) Article 8 of the Uniform Commercial Code in effect in the State of New York (the “UCC) in respect of which ”), and all property now or hereafter held, credited or carried by the Securities Intermediary is a in or to each Collateral Account shall be treated by the Securities Intermediary as “securities intermediaryfinancial assets” (within the meaning of UCC Section 8-102(a)(14) of the UCC and, with respect to any Book-Entry Security, within the meaning of Federal Book-Entry Regulations) and the Security Agent is the “entitlement holder” (within the meaning of Section 8-102(a)(7) of the UCC102(a)(9); provided, however, that if, notwithstanding the intention of the parties hereto, all or any portion of the . Each Collateral Account is determined to shall be a “deposit account” (within the meaning maintained separately and apart from any other account or sub-account of Section 9-102 of the UCC) rather than a “securities account,” then the XLReB. The Securities Intermediary represents, warrants, covenants and agrees that it is a “bank” (as defined in Section 9-102(a)(8) of the UCC) and will treat the Borrower as its customer (within the meaning of Section 9-104(a)(3) of the UCC) with respect to the Collateral Accounts (or portion thereof); (iii) all property delivered, or to be delivered, to Securities Intermediary pursuant to this Agreement is, and will be, promptly credited to the Collateral Accounts; (iv) it does not know of any claim to or interest in any Collateral Account or any assets or funds therein, except for claims and interests of the parties to this Agreement as set forth herein; and (v) it shall not change the name or account number of any Collateral Account without the prior written consent of the Security Agent. Except as provided The parties hereto acknowledge that assets issued outside the United States (“Foreign Assets”) and held in Section 2(bany Collateral Account (including those assets held in Euroclear or Clearstream), which are held by the Securities Intermediary, a sub-custodian within the Securities Intermediary’s network of sub-custodians (each a “Sub-Custodian”) or a depository or book-entry system for the central handling of securities and other financial assets in which the Securities Intermediary agrees that it shall or the Sub-Custodian are participants (each, a “Securities System”) may not take “permit XLReB to have a security entitlement orders” (as defined in Section 8-102(a)(8) of under the UCC) or “instructions” (within the meaning of Section 9-104(a)(2) of the UCC) UCC with respect to the Collateral Accounts or any assets or funds therein from any Person other than the Security Agentsuch Foreign Assets.