Common use of Maintenance of Account Clause in Contracts

Maintenance of Account. The Administrative Agent shall maintain a separate account on its books and records in the name of the Funds Administrator (the “Borrowers’ Accounts”) in which each Borrower will be charged or credited with (a) the proceeds, if any, of each Loan received by or for the account of such Borrower, (b) payments made to the Administrative Agent on account of the Obligations of such Borrower, whether from collection of proceeds of Collateral or otherwise, (c) the aggregate face amount of all outstanding Letters of Credit (or an appropriate allocation thereof, if the Letters of Credit are issued for the direct benefit of more than one Borrower) issued for the benefit of such Borrower, and (d) all other Fees, Expenses and other Obligations attributable to such Borrower as determined by Administrative Agent. The Administrative Agent will use its best efforts to give the Funds Administrator three (3) days advance notice of such Fees, Expenses and other Obligations in reasonable detail, provided that the failure to provide such notice shall not result in any liability of the Administrative Agent or affect any of the Administrative Agent’s rights hereunder. In no event shall prior recourse to any Accounts or other Collateral be a prerequisite to the Administrative Agent’s right to demand payment of any Obligation upon its maturity.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Texas Petrochemicals Inc.), Revolving Credit Agreement (Texas Petrochemicals Inc.)

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Maintenance of Account. The Administrative Agent shall maintain a separate account on its books and records in the name of the Funds Administrator (the “Borrowers’ Accounts”"BORROWERS' ACCOUNTS") in which each Borrower will be charged or credited with (a) the proceeds, if any, of each Loan received by or for the account of such Borrower, (b) payments made to the Administrative Agent on account of the Obligations of such Borrower, whether from collection of proceeds of Collateral or otherwise, (c) the aggregate face amount of all outstanding Letters of Credit (or an appropriate allocation thereof, if the Letters of Credit are issued for the direct benefit of more than one Borrower) issued for the benefit of such Borrower, and (d) all other Fees, Expenses and other Obligations attributable to such Borrower as determined by Administrative Agent. The Administrative Agent will use its best efforts to give the Funds Administrator three (3) days advance notice of such Fees, Expenses and other Obligations in reasonable detail, provided PROVIDED that the failure to provide such notice shall not result in any liability of the Administrative Agent or affect any of the Administrative Agent’s 's rights hereunder. In no event shall prior recourse to any Accounts or other Collateral be a prerequisite to the Administrative Agent’s 's right to demand payment of any Obligation upon its maturity.

Appears in 1 contract

Samples: Credit Agreement (Wellman Inc)

Maintenance of Account. The Administrative Agent shall maintain a separate account on its books and records in the name of the Funds Administrator (the “Borrowers’ Accounts”) in which each Borrower will be charged or credited with (a) the proceeds, if any, of each Loan received by or for the account of such Borrower, (b) payments made to the Administrative Agent on account of the Obligations of such Borrower, whether from collection of proceeds of Collateral or otherwise, (c) the aggregate face amount of all outstanding Letters of Credit (or an appropriate allocation thereof, if the Letters of Credit are issued for the direct benefit of more than one Borrower) issued for the benefit of such Borrower, and (d) all other Fees, Expenses and other Obligations attributable to such Borrower as determined by Administrative Agent. The Administrative Agent will use its best efforts to give the Funds Administrator three (3) days advance notice of such Fees, Expenses and other Obligations in reasonable detail, provided that the failure to provide such notice shall not result in any liability of the Administrative Agent or affect any of the Administrative Agent’s rights hereunder. In no event shall prior recourse to any Accounts or other Collateral be a prerequisite to the Administrative Agent’s right to demand payment of any Obligation upon its maturity.

Appears in 1 contract

Samples: Revolving Credit Agreement (TPC Group Inc.)

Maintenance of Account. The Administrative Agent shall maintain a separate account on its books and records in the name of the Funds Administrator (the “Borrowers’ Accounts”) in which each Borrower will be charged or credited with (a) the proceeds, if any, of each Loan received by or for the account of such Borrower, (b) payments made to the Administrative Agent on account of the Obligations of such Borrower, whether from collection of proceeds of Collateral or otherwise, (c) the aggregate face amount of all outstanding Letters of Credit (or an appropriate allocation thereof, if the Letters of Credit are issued for the direct benefit of more than one Borrower) issued for the benefit of such Borrower, and (d) all other Fees, Expenses and other Obligations attributable to such Borrower as determined by Administrative Agent. The Administrative Agent will use its best efforts to give the Funds Administrator three (3) days advance notice of such Fees, Expenses and other Obligations in reasonable detail, provided that the failure to provide such notice shall not result in any liability of the Administrative Agent or affect any of the Administrative Agent’s rights hereunder. In no event shall prior recourse to any Accounts or other Collateral be a prerequisite to the Administrative Agent’s right to demand payment of any Obligation upon its maturity.

Appears in 1 contract

Samples: Credit Agreement (Wellman Inc)

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Maintenance of Account. The Administrative Agent shall maintain a separate account on its books and records in the name of the Funds Administrator (the “Borrowers’ Accounts”"BORROWERS' ACCOUNTS") in which each Borrower will be charged or credited with (aA) the proceeds, if any, of each Loan received by or for the account of such Borrower, (bB) payments made to the Administrative Agent on account of the Obligations of such Borrower, whether from collection of proceeds of Collateral or otherwise, (cC) the aggregate face amount of all outstanding Letters of Credit (or an appropriate allocation thereof, if the Letters of Credit are issued for the direct benefit of more than one Borrower) issued for the benefit of such Borrower, and (dD) all other Fees, Expenses and other Obligations attributable to such Borrower as determined by Administrative Agent. The Administrative Agent will use its best efforts to give the Funds Administrator three (3) days advance notice of such Fees, Expenses and other Obligations in reasonable detail, provided PROVIDED that the failure to provide such notice shall not result in any liability of the Administrative Agent or affect any of the Administrative Agent’s 's rights hereunder. In no event shall prior recourse to any Accounts or other Collateral be a prerequisite to the Administrative Agent’s 's right to demand payment of any Obligation upon its maturity.

Appears in 1 contract

Samples: Credit Agreement (Wellman Inc)

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