Common use of Maintenance of Collateral Accounts Clause in Contracts

Maintenance of Collateral Accounts. Borrower (or in the case of the Maryland Property, Maryland Loan Guarantor) agrees that each of the Collateral Accounts is and shall be maintained (i) as a “securities account” (as such term is defined in Section 8-501(a) of the UCC), (ii) in such a manner that Lender shall have control (within the meaning of Section 8-106(d)(2) of the UCC) over the Collateral Accounts, (iii) such that no Person other than Lender shall have any right of withdrawal from the Collateral Accounts and, except as provided herein, no Account Collateral shall be released to the Borrower or any Affiliate of Borrower from the Collateral Accounts, (iv) in such a manner that the Cash Management Bank shall agree to treat all property credited to the Collateral Accounts as “financial assets” and (v) such that all securities or other property underlying any financial assets credited to the Collateral Accounts shall be registered in the name of Cash Management Bank, indorsed to Cash Management Bank or in blank or credited to another securities account maintained in the name of Cash Management Bank and in no case will any financial asset credited to any of the Collateral Accounts be registered in the name of Borrower, payable to the order of Borrower or specially indorsed to Borrower, except to the extent the foregoing have been specially indorsed to Cash Management Bank or in blank. Without limiting Borrower’s obligations under the immediately preceding sentence, Borrower shall only establish and maintain the Collateral Accounts with a financial institution that has executed an agreement substantially in the form of the Account Agreement or in such other form acceptable to Lender in its sole discretion.

Maintenance of Collateral Accounts. Mezzanine Borrower (or in the case of the Maryland Property, Maryland Loan Guarantor) agrees that each of the Collateral Fourth Mezzanine Account and the Sub-Accounts is are and shall each be maintained (i) as a “"securities account” " (as such term is defined in Section 8-501(a) of the UCC), (ii) in such a manner that Mezzanine Lender shall have control (within the meaning of Section 8-106(d)(2) of the UCC) over the Collateral AccountsFourth Mezzanine Account and any Sub-Account thereof, (iii) such that no Person other than Lender Mezzanine Borrower, and Manager shall have any no right of withdrawal from the Collateral Fourth Mezzanine Account or the Sub-Accounts and, except as provided herein, no Account Collateral (Fourth Mezzanine) shall be released to the Mezzanine Borrower or any Affiliate of Borrower Manager from the Collateral Fourth Mezzanine Account or the Sub-Accounts, (iv) in such a manner that the Cash Management Bank shall agree to treat all property credited to the Collateral Holding Account or the Sub Accounts as “"financial assets” " and (v) such that all securities or other property underlying any financial assets credited to the Collateral Accounts shall be registered in the name of Cash Management Bank, indorsed to Cash Management Bank or in blank or credited to another securities account maintained in the name of Cash Management Bank and in no case will any financial asset credited to any of the Collateral Accounts be registered in the name of Borrower, Borrower payable to the order of Borrower or specially indorsed to Borrower, Borrower except to the extent the foregoing have been specially indorsed to Cash Management Bank or in blank. Without limiting the Mezzanine Borrower’s 's obligations under the immediately preceding sentence, Mezzanine Borrower shall only establish and maintain the Collateral Accounts Fourth Mezzanine Account with a financial institution that has executed an agreement substantially in the form of the Account Agreement (Fourth Mezzanine) or in such other form acceptable to Mezzanine Lender in its sole discretion.

Maintenance of Collateral Accounts. Borrower (or in the case of the Maryland Property, Maryland Loan Guarantor) agrees that each of the Collateral Holding Account and the Sub-Accounts is and shall be maintained (ia) as a “securities account” (as such term is defined in Section 8-501(a) of the UCC), (iib) in such a manner that Lender shall have control (within the meaning of Section 8-106(d)(2) of the UCC) over the Collateral AccountsHolding Account and any Sub-Account, (iiic) such that no Person other than Lender neither Borrower nor Manager shall have any right of withdrawal from the Collateral Holding Account or the Sub-Accounts and, except as provided herein, no Account Collateral shall be released to the Borrower or any Affiliate of Borrower from the Collateral Holding Account or the Sub-Accounts, (ivd) in such a manner that the Cash Management Bank shall agree to treat all property credited to the Collateral Holding Account or the Sub-Accounts as “financial assets” and (ve) such that all securities or other property underlying any financial assets credited to the Collateral Accounts shall be registered in the name of Cash Management Bank, indorsed to Cash Management Bank or in blank or credited to another securities account maintained in the name of Cash Management Bank and in no case will any financial asset credited to any of the Collateral Accounts be registered in the name of Borrower, payable to the order of Borrower or specially indorsed to Borrower, Borrower except to the extent the foregoing have been specially indorsed to Cash Management Bank or in blank. Without limiting Borrower’s obligations under the immediately preceding sentence, Borrower shall only establish and maintain the Collateral Accounts Holding Account with a financial institution an Approved Bank that has executed an agreement substantially in the form of the Account Agreement or in such other form acceptable to Lender in its sole discretion.

Maintenance of Collateral Accounts. Mezzanine Borrower (or in the case of the Maryland Property, Maryland Loan Guarantor) agrees that each of the Collateral First Mezzanine Account and the Sub-Accounts is are and shall each be maintained (i) as a “"securities account” " (as such term is defined in Section 8-501(a) of the UCC), (ii) in such a manner that Mezzanine Lender shall have control (within the meaning of Section 8-106(d)(2) of the UCC) over the Collateral AccountsFirst Mezzanine Account and any Sub-Account thereof, (iii) such that no Person other than Lender Mezzanine Borrower, and Manager shall have any no right of withdrawal from the Collateral First Mezzanine Account or the Sub-Accounts and, except as provided herein, no Account Collateral (First Mezzanine) shall be released to the Mezzanine Borrower or any Affiliate of Borrower Manager from the Collateral First Mezzanine Account or the Sub-Accounts, (iv) in such a manner that the Cash Management Bank shall agree to treat all property credited to the Collateral Holding Account or the Sub Accounts as “"financial assets” " and (v) such that all securities or other property underlying any financial assets credited to the Collateral Accounts shall be registered in the name of Cash Management Bank, indorsed to Cash Management Bank or in blank or credited to another securities account maintained in the name of Cash Management Bank and in no case will any financial asset credited to any of the Collateral Accounts be registered in the name of Borrower, payable to the order of Borrower or specially indorsed to Borrower, Borrower except to the extent the foregoing have been specially indorsed to Cash Management Bank or in blank. Without limiting the Mezzanine Borrower’s 's obligations under the immediately preceding sentence, Mezzanine Borrower shall only establish and maintain the Collateral Accounts First Mezzanine Account with a financial institution that has executed an agreement substantially in the form of the Account Agreement (First Mezzanine) or in such other form acceptable to Mezzanine Lender in its sole discretion.

Maintenance of Collateral Accounts. Mezzanine Borrower (or in the case of the Maryland Property, Maryland Loan Guarantor) agrees that each of the Collateral Third Mezzanine Account and the Sub-Accounts is are and shall each be maintained (i) as a “"securities account” " (as such term is defined in Section 8-501(a) of the UCC), (ii) in such a manner that Mezzanine Lender shall have control (within the meaning of Section 8-106(d)(2) of the UCC) over the Collateral AccountsThird Mezzanine Account and any Sub-Account thereof, (iii) such that no Person other than Lender Mezzanine Borrower, and Manager shall have any no right of withdrawal from the Collateral Third Mezzanine Account or the Sub-Accounts and, except as provided herein, no Account Collateral (Third Mezzanine) shall be released to the Mezzanine Borrower or any Affiliate of Borrower Manager from the Collateral Third Mezzanine Account or the Sub-Accounts, (iv) in such a manner that the Cash Management Bank shall agree to treat all property credited to the Collateral Holding Account or the Sub Accounts as “"financial assets” " and (v) such that all securities or other property underlying any financial assets credited to the Collateral Accounts shall be registered in the name of Cash Management Bank, indorsed to Cash Management Bank or in blank or credited to another securities account maintained in the name of Cash Management Bank and in no case will any financial asset credited to any of the Collateral Accounts be registered in the name of Borrower, payable to the order of Borrower or specially indorsed to Borrower, Borrower except to the extent the foregoing have been specially indorsed to Cash Management Bank or in blank. Without limiting the Mezzanine Borrower’s 's obligations under the immediately preceding sentence, Mezzanine Borrower shall only establish and maintain the Collateral Accounts Third Mezzanine Account with a financial institution that has executed an agreement substantially in the form of the Account Agreement (Third Mezzanine) or in such other form acceptable to Mezzanine Lender in its sole discretion.

Maintenance of Collateral Accounts. Mezzanine Borrower (or in the case of the Maryland Property, Maryland Loan Guarantor) agrees that each of the Collateral Second Mezzanine Account and the Sub-Accounts is are and shall each be maintained (i) as a “"securities account” " (as such term is defined in Section 8-501(a) of the UCC), (ii) in such a manner that Mezzanine Lender shall have control (within the meaning of Section 8-106(d)(2) of the UCC) over the Collateral AccountsSecond Mezzanine Account and any Sub-Account thereof, (iii) such that no Person other than Lender Mezzanine Borrower, and Manager shall have any no right of withdrawal from the Collateral Second Mezzanine Account or the Sub-Accounts and, except as provided herein, no Account Collateral (Second Mezzanine) shall be released to the Mezzanine Borrower or any Affiliate of Borrower Manager from the Collateral Second Mezzanine Account or the Sub-Accounts, (iv) in such a manner that the Cash Management Bank shall agree to treat all property credited to the Collateral Holding Account or the Sub Accounts as “"financial assets” " and (v) such that all securities or other property underlying any financial assets credited to the Collateral Accounts shall be registered in the name of Cash Management Bank, indorsed to Cash Management Bank or in blank or credited to another securities account maintained in the name of Cash Management Bank and in no case will any financial asset credited to any of the Collateral Accounts be registered in the name of Borrower, payable to the order of Borrower or specially indorsed to Borrower, Borrower except to the extent the foregoing have been specially indorsed to Cash Management Bank or in blank. Without limiting the Mezzanine Borrower’s 's obligations under the immediately preceding sentence, Mezzanine Borrower shall only establish and maintain the Collateral Accounts Second Mezzanine Account with a financial institution that has executed an agreement substantially in the form of the Account Agreement (Second Mezzanine) or in such other form acceptable to Mezzanine Lender in its sole discretion.