Common use of Operating Accounts Clause in Contracts

Operating Accounts. (a) Maintain its primary operating and other deposit accounts and securities accounts with Bank and Bank’s Affiliates. Conduct all foreign exchange transactions with Bank and Bank’s Affiliates. (b) Provide Bank five (5) days prior written notice before establishing any Collateral Account (other than Customer Trust Accounts) at or with any bank or financial institution other than Bank or Bank’s Affiliates. For each Collateral Account that Borrower at any time maintains, Borrower shall cause the applicable bank or financial institution (other than Bank) at or with which any Collateral Account is maintained to execute and deliver a Control Agreement or other appropriate instrument with respect to such Collateral Account to perfect Bank’s Lien in such Collateral Account in accordance with the terms hereunder which Control Agreement may not be terminated without the prior written consent of Bank. The provisions of the previous sentence shall not apply to (i) deposit accounts exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for the benefit of Borrower’s employees and identified to Bank by Borrower as such, (ii) deposit accounts into which the Transfer Service Security Deposit is deposited or (iii) the Customer Trust Accounts.

Operating Accounts. (a) Maintain No later than ten (10) days after the Effective Date, and at all times thereafter, maintain its primary operating and other deposit accounts and securities accounts with Bank and Bank’s Affiliates. Conduct all foreign exchange transactions with Bank and Bank’s Affiliates. (b) Provide Bank five (5) days prior written notice before establishing any Collateral Account (other than Customer Trust Accounts) at or with any bank or financial institution other than Bank or Bank’s Affiliates. For each Collateral Account that Borrower at any time maintains, Borrower shall shall, no later than ten (10) days after the Effective Date, cause the applicable bank or financial institution (other than Bank) at or with which any Collateral Account is maintained to execute and deliver a Control Agreement or other appropriate instrument with respect to such Collateral Account to perfect Bank’s Lien in such Collateral Account in accordance with the terms hereunder which Control Agreement may not be terminated without the prior written consent of Bank. The provisions of the previous sentence shall not apply to (i) deposit accounts exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for the benefit of Borrower’s employees and identified to Bank by Borrower as such, (ii) deposit accounts into which the Transfer Service Security Deposit is deposited or (iii) the Customer Trust Accounts.

Operating Accounts. (a) Maintain its primary and its Subsidiaries’, if any, primary domestic depository accounts, operating and other deposit accounts and securities accounts with Bank and Bank’s Affiliates. Conduct , including all foreign exchange transactions with Bank and Bank’s Affiliatesletter of credit activity. (b) Provide Bank five (5) days prior prior-written notice before establishing any Collateral Account (other than Customer Trust Accounts) at or with any bank or financial institution other than Bank or Bank’s Affiliates. For each Collateral Account that Borrower at any time maintains, Borrower shall cause the applicable bank or financial institution (other than Bank) at or with which any Collateral Account is maintained to execute and deliver a Control Agreement or other appropriate instrument with respect to such Collateral Account to perfect Bank’s Lien in such Collateral Account in accordance with the terms hereunder which Control Agreement may not be terminated without the prior written consent of Bank. The provisions of the previous sentence shall not apply to (i) deposit accounts exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for the benefit of Borrower’s employees and identified to Bank by Borrower as such, (ii) deposit accounts into which the Transfer Service Security Deposit is deposited or (iii) the Customer Trust Accounts.

Operating Accounts. (a) Maintain all of its primary and all of its Subsidiaries’ operating and other deposit accounts and securities accounts with Bank and use best-efforts to maintain all securities accounts, Letters of Credit and FX Contracts with Bank’s Affiliates. Conduct all foreign exchange transactions with Bank and Bank’s Affiliates. (b) Provide Bank five (5) days prior written notice before establishing any Collateral Account (other than Customer Trust Accounts) at or with any bank or financial institution other than Bank or Bank’s Affiliates. For each Collateral Account that Borrower at any time maintains, Borrower shall cause the applicable bank or financial institution (other than Bank) at or with which any Collateral Account is maintained to execute and deliver a Control Agreement or other appropriate instrument with respect to such Collateral Account to perfect Bank’s Lien in such Collateral Account in accordance with the terms hereunder which Control Agreement may not be terminated without the prior written consent of Bank. The provisions of the previous sentence shall not apply to (i) deposit accounts exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for the benefit of Borrower’s employees and identified to Bank by Borrower as such, (ii) deposit accounts into which the Transfer Service Security Deposit is deposited or (iii) the Customer Trust Accounts.

Operating Accounts. (a) Maintain (i) maintain all of its primary operating and other deposit accounts and securities accounts and excess cash with Bank and Bank’s Affiliates. Conduct , and (ii) conduct all foreign exchange transactions primary banking with Bank Bank, such as letters of credit and Bank’s Affiliatescorporate credit cards. (b) Provide Bank five (5) days prior written notice before establishing any Collateral Account (other than Customer Trust Accounts) at or with any bank or financial institution other than Bank or Bank’s Affiliates. For each Collateral Account that Borrower at any time maintains, Borrower shall cause the applicable bank or financial institution (other than Bank) at or with which any Collateral Account is maintained to execute and deliver a Control Agreement or other appropriate instrument with respect to such Collateral Account to perfect Bank’s Lien in such Collateral Account in accordance with the terms hereunder which Control Agreement may not be terminated without the prior written consent of Bank. The provisions of the previous sentence shall not apply to (i) deposit accounts exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for the benefit of Borrower’s employees and identified to Bank by Borrower as such, (ii) deposit accounts into which the Transfer Service Security Deposit is deposited or (iii) the Customer Trust Accounts.

Operating Accounts. (a) Maintain all of its primary and all of its Subsidiaries’ domestic operating and other deposit accounts and securities accounts located in the United States with Bank and Bank’s Affiliates. Conduct all foreign exchange transactions with Bank and Bank’s Affiliates.; (b) Provide Bank five (5) days prior prior-written notice before establishing any Collateral Account (other than Customer Trust Accounts) at or with any bank or financial institution other than Bank or Bank’s Affiliates. For each Collateral Account located in the United States that Borrower at any time maintains, Borrower shall cause the applicable bank or financial institution (other than Bank) at or with which any such Collateral Account Account, is maintained to execute and deliver a Control Agreement or other appropriate instrument with respect to such Collateral Account to perfect Bank’s Lien in such Collateral Account Account, in accordance with the terms hereunder which Control Agreement may not be terminated without the prior written consent of Bank. The provisions of the previous sentence shall not apply to deposit accounts (i) deposit accounts located outside the United States, or (ii) exclusively used for payroll, payroll taxes taxes, and other employee wage and benefit payments to or for the benefit of Borrower’s employees and identified to Bank by Borrower as such, (ii) deposit accounts into which the Transfer Service Security Deposit is deposited or (iii) the Customer Trust Accounts.

Operating Accounts. (a) Maintain its primary depository, operating and other deposit accounts and securities accounts with Bank and Bank’s Affiliates. Conduct affiliates with not less than ninety percent (90%) of all foreign exchange transactions with excess funds maintained at or invested through Bank and or an affiliate of Bank’s Affiliates. (b) Provide Bank five (5) days prior prior-written notice before establishing any Collateral Account (other than Customer Trust Accounts) at or with any bank or financial institution other than Bank or Bank’s Affiliates. For each Collateral Account that Borrower at any time maintains, Borrower shall cause the applicable bank or financial institution (other than Bank) at or with which any Collateral Account is maintained to execute and deliver a Control Agreement or other appropriate instrument with respect to such Collateral Account to perfect Bank’s Lien in such Collateral Account in accordance with the terms hereunder which Control Agreement may not be terminated without the prior written consent of Bank. The provisions of the previous sentence shall not apply to (i) deposit accounts exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for the benefit of Borrower’s employees and identified to Bank by Borrower as such, (ii) deposit accounts into which the Transfer Service Security Deposit is deposited or (iii) the Customer Trust Accounts.

Operating Accounts. (a) Maintain all of its primary and all of its Subsidiaries’ operating and other deposit accounts and securities accounts with Bank and Bank’s Affiliates. Conduct ; provided, that Borrower shall be permitted to maintain accounts with its existing depositories for a period of ninety (90) days after the Effective Date to facilitate the transitioning of all foreign exchange transactions with Bank and such accounts to Bank’s Affiliates. (b) Provide Bank five (5) days prior written notice before establishing any Collateral Account (other than Customer Trust Accounts) at or with any bank or financial institution other than Bank or Bank’s Affiliates. For each Collateral Account that Borrower at any time maintains, Borrower shall cause the applicable bank or financial institution (other than Bank) at or with which any Collateral Account is maintained to execute and deliver a Control Agreement or other appropriate instrument with respect to such Collateral Account to perfect Bank’s Lien in such Collateral Account in accordance with the terms hereunder which Control Agreement may not be terminated without the prior written consent of Bank. The provisions of the previous sentence shall not apply to (i) deposit accounts exclusively used for payroll, payroll taxes taxes, and other employee wage and benefit payments to or for the benefit of Borrower’s employees and identified to Bank by Borrower as such, (ii) deposit accounts into which the Transfer Service Security Deposit is deposited or (iii) the Customer Trust Accounts.

Operating Accounts. (a) Maintain all of its primary operating and other deposit accounts all of its Subsidiaries’ operating, depository and securities securities/investment accounts with Bank and Bank’s Affiliates. Conduct In addition, Borrower shall use Bank for all cash management, foreign exchange transactions with Bank and Bank’s Affiliatesletters of credit. (b) Provide Bank five (5) days prior written notice before establishing any Collateral Account (other than Customer Trust Accounts) at or with any bank or financial institution other than Bank or Bank’s Affiliates. For each Collateral Account that Borrower at any time maintains, Borrower shall cause the applicable bank or financial institution (other than Bank) at or with which any Collateral Account is maintained to execute and deliver a Control Agreement or other appropriate instrument with respect to such Collateral Account to perfect Bank’s Lien in such Collateral Account in accordance with the terms hereunder which Control Agreement may not be terminated without the prior written consent of Bank. The provisions of the previous sentence shall not apply to (i) deposit accounts exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for the benefit of Borrower’s employees and identified to Bank by Borrower as such, (ii) deposit accounts into which the Transfer Service Security Deposit is deposited or (iii) the Customer Trust Accounts.

Operating Accounts. (a) Intentionally omitted. (b) Maintain its primary operating and other all their U.S. based operating, deposit accounts and securities accounts with Bank and Bank’s Affiliates. Conduct all foreign exchange transactions with Bank and Bank’s Affiliates. (bc) Provide Bank five (5) days prior written notice before establishing any Collateral Account (other than Customer Trust Accounts) at or with any bank or financial institution other than Bank or Bank’s Affiliates. For each Collateral Account that a Co-Borrower at any time maintains, such Co-Borrower shall shall, at the Bank’s request, cause the applicable bank or financial institution (other than Bank) at or with which any Collateral Account is maintained to execute and deliver a Control Agreement, Blocked Account Agreement or other appropriate instrument with respect to such Collateral Account to perfect Bank’s Lien in such Collateral Account in accordance with the terms hereunder which Control Agreement may not be terminated without the prior written consent of Bank. The provisions of the previous sentence shall not apply to (i) deposit accounts exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for the benefit of a Co-Borrower’s employees and identified to Bank by such Co-Borrower as such, (ii) deposit accounts into which the Transfer Service Security Deposit is deposited or (iii) the Customer Trust Accounts.

Operating Accounts. (a) Maintain its primary and its Subsidiaries’ primary operating and other primary deposit accounts and primary securities accounts with Bank and Bank(other than accounts exclusively holding Borrower’s Affiliates. Conduct all foreign exchange transactions treasury stock) with Bank and Bank’s Affiliates. (b) Provide Bank five (5) days prior written notice before establishing any Collateral Account (other than Customer Trust Accounts) at or with any bank or financial institution other than Bank or Bank’s Affiliates. For each Collateral Account that Borrower at any time maintains, Borrower shall cause the applicable bank or financial institution (other than Bank) at or with which any Collateral Account is maintained to execute and deliver a Control Agreement or other appropriate instrument with respect to such Collateral Account to perfect Bank’s Lien in such Collateral Account in accordance with the terms hereunder which Control Agreement may not be terminated without the prior written consent of Bank. The provisions of the previous sentence shall not apply to (ia) deposit accounts exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for the benefit of Borrower’s employees and identified to Bank by Borrower as such, (ii) deposit accounts into which the Transfer Service Security Deposit is deposited such or (iiib) for the Customer Trust Accountsthirty (30) day period after the Effective Date, Borrower’s accounts listed in the Perfection Certificate.

Operating Accounts. (a) Maintain Within 60 days of the Effective Date, maintain all of its primary U.S. operating accounts, excess cash and other deposit accounts and securities investment accounts with Bank and Bank’s Affiliates. Conduct all Borrower shall be permitted to maintain the foreign exchange transactions with Bank and Bank’s Affiliatesaccounts listed on the Schedule. (b) Provide Bank five (5) days prior written notice before establishing any Collateral Account (other than Customer Trust Accounts) at or with any bank or financial institution in the United States other than Bank or Bank’s Affiliates. For each such Collateral Account that Borrower at any time maintains, Borrower shall cause the applicable bank or financial institution (other than Bank) at or with which any Collateral Account is maintained to execute and deliver a Control Agreement or other appropriate instrument with respect to such Collateral Account to perfect Bank’s Lien in such Collateral Account in accordance with the terms hereunder which Control Agreement may not be terminated without the prior written consent of Bank. The provisions of the previous sentence shall not apply to (i) deposit accounts exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for the benefit of Borrower’s employees and identified to Bank by Borrower as such, (ii) deposit accounts into which the Transfer Service Security Deposit is deposited or (iii) the Customer Trust Accounts.

Operating Accounts. (a) Maintain its primary and all of its Subsidiaries’ operating and other deposit accounts and securities accounts with Bank and Bank’s Affiliates. Conduct all foreign exchange transactions excess cash with Bank and Bank’s Affiliates. (b) In addition, Borrower shall obtain any business credit cards, letters of credit and cash management services exclusively from Bank. (c) Provide Bank five (5) days prior written notice before establishing any Collateral Account (other than Customer Trust Accounts) at or with any bank or financial institution other than Bank or Bank’s Affiliates. For each Collateral Account that Borrower at any time maintains, Borrower shall cause the applicable bank or financial institution (other than Bank) at or with which any Collateral Account is maintained to execute and deliver a Control Agreement or other appropriate instrument with respect to such Collateral Account to perfect Bank’s Lien in such Collateral Account in accordance with the terms hereunder which Control Agreement may not be terminated without the prior written consent of Bank. The provisions of the previous sentence shall not apply to (i) deposit accounts exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for the benefit of Borrower’s employees and identified to Bank by Borrower as such, (ii) deposit accounts into which the Transfer Service Security Deposit is deposited or (iii) the Customer Trust Accounts.

Operating Accounts. (a) Maintain with Bank and Bank’s Affiliates (i) its primary operating and other deposit accounts and securities accounts with Bank and Bank(ii) at least fifty percent (50%) of the dollar value of Borrower’s Affiliates. Conduct all foreign exchange transactions with Bank and Bank’s Affiliatesinvestment accounts. (b) Provide Bank five (5) days prior written notice before establishing any Collateral Account (other than Customer Trust Accounts) at or with any bank or financial institution other than Bank or Bank’s Affiliates. For each Collateral Account that Borrower at any time maintains, Borrower shall cause the applicable bank or financial institution (other than Bank) at or with which any Collateral Account is maintained to execute and deliver a Control Agreement or other appropriate instrument with respect to such Collateral Account to perfect Bank’s Lien in such Collateral Account in accordance with the terms hereunder which Control Agreement may not be terminated without the prior written consent of Bank. The provisions of the previous sentence shall not apply to (i) deposit accounts exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for the benefit of Borrower’s employees and identified to Bank by Borrower as such, (ii) deposit accounts into which the Transfer Service Security Deposit is deposited or (iii) the Customer Trust Accounts.

Operating Accounts. (a) Maintain its primary domestic operating and other deposit accounts and securities accounts with Bank and Bank’s Affiliates. Conduct Affiliates which accounts shall represent at least 85% of the dollar value of Borrower’s accounts at all foreign exchange transactions with Bank and Bank’s Affiliatesfinancial institutions. (b) Provide Bank five (5) days prior written notice before establishing any Collateral Account (other than Customer Trust Accounts) at or with any bank or financial institution other than Bank or Bank’s Affiliates. For each Collateral Account that Borrower at any time maintains, Borrower shall cause the applicable bank or financial institution (other than Bank) at or with which any Collateral Account is maintained to execute and deliver a Control Agreement or other appropriate instrument with respect to such Collateral Account to perfect Bank’s Lien in such Collateral Account in accordance with the terms hereunder which Control Agreement may not be terminated without the prior written consent of Bank. The provisions of the previous sentence shall not apply to (i) deposit accounts exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for the benefit of Borrower’s employees and identified to Bank by Borrower as such, (ii) deposit accounts into which the Transfer Service Security Deposit is deposited or (iii) the Customer Trust Accounts.

Operating Accounts. (a) Maintain Borrower and any Subsidiary of Borrower shall maintain all of its primary operating and other deposit accounts and securities accounts excess cash with Bank and Bank’s Affiliates. Conduct all foreign exchange transactions with Bank and or Bank’s Affiliates. (b) Provide In addition to and without limiting the restrictions in (a), Borrower shall provide Bank five (5) days prior written notice before establishing any Collateral Account (other than Customer Trust Accounts) at or with any bank or financial institution other than Bank or Bank’s Affiliates. For each Collateral Account that Borrower at any time maintains, Borrower shall cause the applicable bank or financial institution (other than Bank) at or with which any Collateral Account is maintained to execute and deliver a Control Agreement or other appropriate instrument with respect to such Collateral Account to perfect Bank’s Lien in such Collateral Account in accordance with the terms hereunder which Control Agreement may not be terminated without the prior written consent of Bank. The provisions of the previous sentence shall not apply to (i) deposit accounts exclusively used for payroll, payroll taxes taxes, and other employee wage and benefit payments to or for the benefit of Borrower’s employees and identified to Bank by Borrower as such, (ii) deposit accounts into which the Transfer Service Security Deposit is deposited or (iii) the Customer Trust Accounts.

Operating Accounts. (a) Maintain Inc. shall maintain its primary operating and other deposit accounts and securities depository accounts with Bank and Bank’s Affiliates. Conduct all foreign exchange transactions Ltd. shall maintain an operating account with Bank. Inc. shall make good faith efforts to maintain a majority of its US Dollar deposits with Bank and Bank’s Affiliates. (b) Provide Bank five (5) days prior written notice before establishing any Collateral Account (other than Customer Trust Accounts) at or with any bank or financial institution other than Bank or Bank’s Affiliates. For each Collateral Account that Borrower at any time maintains, Borrower shall cause the applicable bank or financial institution (other than Bank) at or with which any Collateral Account is maintained to execute and deliver a Control Agreement or other appropriate instrument with respect to such Collateral Account to perfect Bank’s Lien in such Collateral Account in accordance with the terms hereunder which Control Agreement may not be terminated without the prior written consent of Bank. The provisions of the previous sentence shall not apply to (i) deposit accounts exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for the benefit of Borrower’s employees and identified to Bank by Borrower as such, (ii) deposit accounts into which the Transfer Service Security Deposit is deposited or (iii) the Customer Trust Accounts.

Operating Accounts. (a) Maintain its primary all of their and all of their Subsidiaries’ operating and other deposit accounts and securities accounts with Bank and Bank’s Affiliates. Conduct all foreign exchange transactions with Bank and Bank’s AffiliatesAffiliates other than the Permitted Accounts. (b) Provide Bank five (5) days prior written notice before establishing any Collateral Account (other than Customer Trust Accounts) at or with any bank or financial institution other than Bank or Bank’s Affiliates. For each Collateral Account that a Borrower at any time maintains, such Borrower shall cause the applicable bank or financial institution (other than Bank) at or with which any Collateral Account is maintained to execute and deliver a Control Agreement or other appropriate instrument with respect to such Collateral Account to perfect Bank’s Lien in such Collateral Account in accordance with the terms hereunder which Control Agreement may not be terminated without the prior written consent of Bank. The provisions of the previous sentence shall not apply to (i) Permitted Accounts, deposit accounts exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for the benefit of a Borrower’s employees and identified to Bank by such Borrower as such, (ii) deposit accounts into which the Transfer Service Security Deposit is deposited or (iii) the Customer Trust Accounts.