Common use of Processing Acceptable Checks Clause in Contracts

Processing Acceptable Checks. All checks, except those not acceptable for deposit under the terms of this Agreement, shall be deposited on the day of receipt by the Bank to Account No. _____________ (the "Depository Account"), and all such checks shall be endorsed as follows: credited to account number _____________: absence of endorsement hereby supplied and granted by [Lock Box Bank] Any funds in the Depository Account will be wired on a daily basis with the following instructions: First Union Commercial Corporation One First Union Center 301 ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attn: Account No. _____________ For the account of the Borrower; provided, however, that no funds shall be required to be wired unless and until the amount of funds in the Depository Account shall be in excess of an aggregate of $1000, unless the Agent shall, in its sole discretion, otherwise instruct the Bank. All remittance advices, envelopes, and written matter (except as expressly provided herein) received in the Lock Box together with photocopies of all checks shall be sent to the Borrower and, if requested by the Agent, copies of same shall be sent to the Agent. The Bank shall mail a statement of account, on a monthly basis, to both the Agent and the Borrower. If no deposit is made on a bank business day, a deposit advice, correctly dated, will be sent to the Agent and the Borrower with the notation "No Deposit" appearing thereon. In addition, the Bank (or at any time prior to the occurrence of an Event of Default, the Borrower) shall indicate by telephone to the Agent on each Bank business day by 2:30 P.M. (Eastern time zone) the amount of each day's deposit total. The Depository Account shall be opened and established by the Borrower for the benefit of the Agent on behalf of the Lenders and shall be subject to the terms and provisions of the Credit Agreement and Security Agreement (as such term is defined in the Credit Agreement). Neither the Bank nor the Borrower shall have the right to withdraw funds from the Depository Account, except that the Bank may make such debits therefrom as provided in Section 5 hereof.

Processing Acceptable Checks. All checks, except those not acceptable for deposit under the terms of this Agreement, shall be deposited on the day of receipt by the Bank to Account No. ______________________ (the "Depository Account"), and all such checks shall be endorsed as follows: credited to account number ________________: absence of endorsement hereby supplied and granted guaranteed by [Lock Box Bank] Any funds in the Depository Account will be wired on a daily basis with the following instructions: First Union Commercial Corporation One First Union Center 301 ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attn: Account No. .______________ For the account of the BorrowerBorrower ; provided, however, that no funds shall be required to be wired unless and until the amount of funds in the Depository Account shall be in excess of an aggregate of $1000, unless the Agent shall, in its sole discretion, otherwise instruct the Bank. All remittance advices, envelopes, and written matter (except as expressly provided herein) received in the Lock Box together with photocopies of all checks shall be sent to the Borrower and, if requested by the Agent, copies of same shall be sent to the Agent. The Bank shall mail a statement of account, on a monthly basis, to both the Agent and the Borrower. If no deposit is made on a bank business day, a deposit advice, correctly dated, will be sent to the Agent and the Borrower with the notation "No Deposit" appearing thereon. In addition, the Bank (or at any time prior to the occurrence of an Event of Default, the Borrower) shall indicate by telephone to the Agent on each Bank business day by 2:30 P.M. (Eastern time zone) the amount of each day's deposit total. The Depository Account shall be opened and established by the Borrower for the benefit of the Agent on behalf of the Lenders and shall be subject to the terms and provisions of the Credit Agreement and Security Agreement (as such term is defined in the Credit Agreement). Neither the Bank nor the Borrower shall have the right to withdraw funds from the Depository Account, except that the Bank may make such debits therefrom as provided in Section 5 hereof.

Processing Acceptable Checks. All checks, except those not acceptable for deposit under the terms of this Agreement, shall be deposited on the day of receipt by the Bank to Account No. ____________________ (the "Depository AccountLENDER ACCOUNT"), which is an account owned and controlled exclusively by the Agent, and all such checks shall be endorsed as follows: credited to account number _____________: ___; absence of endorsement hereby supplied and granted guarantied by [Lock Box Lockbox Bank] Any funds ]; Until a Notice of Redirection substantially in the Depository form of Exhibit A hereto (a "NOTICE") is delivered by Agent to Bank, all available balances in the Lender Account will be wired transferred on a daily basis via the automated clearing house system or wire transfer with the following instructions: First Union Commercial Corporation One First Union Center 301 ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attn: ---------------- ---------------- [ABA No. ] ---------------- Account No. _____________ For ---------------- Account Name: as Agent for ---------------- -------------- Ref.: --------------- Attn: --------------- Upon the account delivery of the Borrower; provideda Notice by Agent to Bank, however, that no Bank shall transfer such funds shall be required to be wired unless and until the amount of funds only as provided in the Depository Account shall be in excess of an aggregate of $1000, unless the Agent shall, in its sole discretion, otherwise instruct the Banksuch Notice. All remittance advices, envelopes, and written matter (except as expressly provided herein) received in the Lock Box together with photocopies of all checks shall be sent to the Borrower Company and, if requested by the Agent, copies of same shall be sent to the Agent. The Bank shall mail both a deposit advice for all deposits to the Lender Account, on a daily basis, and a statement of account, on a monthly basis, to both the Agent and the Borrower. If Company and, if no deposit is made on a bank business day, a deposit advice, correctly dated, will be sent to the Agent and the Borrower Company with the notation "No Deposit" ' appearing thereon. In addition, the Bank (or at any time prior to the occurrence of an Event of Default, the Borrower) shall indicate by telephone to the Agent on each Bank business day by 2:30 P.M. (Eastern New York City time zone) the amount of each day's deposit total. The Depository Account shall be opened and established by the Borrower for the benefit of the Agent on behalf of the Lenders and shall be subject to the terms and provisions of the Credit Agreement and Security Agreement (as such term is defined in the Credit Agreement). Neither the Bank nor the Borrower shall have the right to withdraw funds from the Depository Account, except that the Bank may make such debits therefrom as provided in Section 5 hereof.

Processing Acceptable Checks. All checks, except those not acceptable for deposit under the terms of this Agreement, shall be deposited on the day of receipt by the Bank to Account No. _________________ (the "Depository AccountCOLLECTION ACCOUNT"), which is an account owned and controlled exclusively by the Agent, and all such checks shall be endorsed as follows: credited to account number _____________: ____; absence of endorsement hereby supplied and granted guaranteed by [Lock Box Bank] ____________________ Any funds in the Depository Collection Account will be wired on a daily basis with the following instructions: First Union Bankers Trust Company/Money Transfer Division 1 BT Plaza for further credit to: BT Commercial Corporation One First Union Center 301 ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ -- ▇▇▇▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attn: ________________________ Account No. ___________________ For the account of the BorrowerBorrower ; providedPROVIDED, howeverHOWEVER, that no funds shall be required to be wired unless and until the amount of funds in the Depository Collection Account shall be in excess of an aggregate of $1000_________, unless the Agent shall, in its sole discretion, otherwise instruct the Bank. All remittance advices, envelopes, and written matter (except as expressly provided herein) received in the Lock Box Lockbox together with photocopies of all checks shall be sent to the Borrower and, if requested by the Agent, copies of same shall be sent to the Agent. The Bank shall mail both a deposit advice for all deposits to the Collection Account, on a daily basis, and a statement of account, on a monthly basis, to both the Agent and the Borrower. If Borrower and, if no deposit is made on a bank business day, a deposit advice, correctly dated, will be sent to the Agent and the Borrower with the notation "No Deposit" appearing thereon. In addition, the Bank (or at any time prior to the occurrence of an Event of Default, the Borrower) shall indicate by telephone to the Agent on each Bank business day by 2:30 P.M. p.m. (Eastern time zoneNew York City time) the amount of each day's deposit total. The Depository Account shall be opened and established by the Borrower for the benefit of the Agent on behalf of the Lenders and shall be subject to the terms and provisions of the Credit Agreement and Security Agreement (as such term is defined in the Credit Agreement). Neither the Bank nor the Borrower shall have the right to withdraw funds from the Depository Account, except that the Bank may make such debits therefrom as provided in Section 5 hereof.

Processing Acceptable Checks. All checks, except those not acceptable for deposit under the terms of this Agreement, shall be deposited on the day of receipt by the Bank to Account No. _____________ (the "Depository Lender Account"), which if an Event of Default has occurred and is continuing is an account owned and controlled exclusively by the Agent, and all such checks shall be endorsed as follows: credited to account number ; absence of endorsement hereby supplied and guarantied by [insert name of Bank]; Until a Notice of Redirection substantially in the form of Exhibit A hereto (a "Notice") is delivered by Agent to Bank, all available balances in the Lender Account will be transferred on a daily basis via the automated clearing house system or wire transfer with the following instructions: _____________: absence of endorsement hereby supplied and granted by ___ _______________ [Lock Box BankABA No. ______________] Any funds in the Depository Account will be wired on a daily basis with the following instructions: First Union Commercial Corporation One First Union Center 301 ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attn: Account No. _____________ For Account Name: ____________ as Agent for ___________ Ref.: _____________ Attn: ________________ Upon the account delivery of the Borrower; provideda Notice by Agent to Bank, however, that no Bank shall transfer such funds shall be required to be wired unless and until the amount of funds only as provided in the Depository Account shall be in excess of an aggregate of $1000, unless the Agent shall, in its sole discretion, otherwise instruct the Banksuch Notice. All remittance advices, envelopes, and written matter (except as expressly provided herein) received in the Lock Box together with photocopies of all checks shall be sent to the Borrower Company and, if requested by the Agent, copies of same shall be sent to the Agent. The Bank shall mail both a deposit advice for all deposits to the Lender Account, on a daily basis, and a statement of account, on a monthly basis, to both the Agent and the Borrower. If Company and, if no deposit is made on a bank business day, a deposit advice, correctly dated, will be sent to the Agent and the Borrower Company with the notation "No Deposit" ' appearing thereon. In addition, the Bank (or at any time prior to the occurrence of an Event of Default, the Borrower) shall indicate by telephone to the Agent on each Bank business day by 2:30 P.M. (Eastern New York City time zone) the amount of each day's deposit total. The Depository Account shall be opened and established by the Borrower for the benefit of the Agent on behalf of the Lenders and shall be subject to the terms and provisions of the Credit Agreement and Security Agreement (as such term is defined in the Credit Agreement). Neither the Bank nor the Borrower shall have the right to withdraw funds from the Depository Account, except that the Bank may make such debits therefrom as provided in Section 5 hereof.

Processing Acceptable Checks. All checks, except those not acceptable for deposit under the terms of this Agreement, shall be deposited on the day of receipt by the Bank to Account No. ______________________ (the "Depository Account"), and all such checks shall be endorsed as follows: credited to account number ________________: absence of endorsement hereby supplied and granted guaranteed by [Lock Box Bank] Any funds in the Depository Account will be wired on a daily basis with the following instructions: First Union Commercial Corporation One First Union Center 301 ▇▇Wachovia Bank, National Association ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇, ▇ ▇▇▇▇▇ ▇▇Mail Code GA8056 30th Floor Attn: ▇▇▇▇▇▇ ▇. ▇'▇▇▇▇▇▇ Attn: Account No. .______________ For the account of the BorrowerBorrowers ; provided, however, that no funds shall be required to be wired unless and until the amount of funds in the Depository Account shall be in excess of an aggregate of $1000, unless the Administrative Agent shall, in its sole discretion, otherwise instruct the Bank. All remittance advices, envelopes, and written matter (except as expressly provided herein) received in the Lock Box together with photocopies of all checks shall be sent to the Borrower Borrowers and, if requested by the Administrative Agent, copies of same shall be sent to the Administrative Agent. The Bank shall mail a statement of account, on a monthly basis, to both the Administrative Agent and the BorrowerBorrowers. If no deposit is made on a bank business day, a deposit advice, correctly dated, will be sent to the Administrative Agent and the Borrower Borrowers with the notation "No Deposit" appearing thereon. In addition, the Bank (or at any time Company shall notify the Administrative Agent of the amount of the prior to day's deposit total via facsimile on the occurrence of an Event of Default, the Borrower) shall indicate by telephone to the Agent on each Bank next bank business day by 2:30 P.M. no later than 11:00 A.M. (Eastern time zone) the amount of each day's deposit total). The Depository Account shall be opened and established by the Borrower Borrowers for the benefit of the Administrative Agent on behalf of the Lenders and shall be subject to the terms and provisions of the Credit Agreement and the Security Agreement (as such term is defined in the Credit Agreement). Neither the Bank nor the Borrower Borrowers shall have the right to withdraw funds from the Depository Account, except that the Bank may make such debits therefrom as provided in Section 5 hereof.

Processing Acceptable Checks. All checks, except those not acceptable for deposit under the terms of this Agreement, shall be deposited on the day of receipt by the Bank to Account No. _____________ 1561678150 (the "Depository AccountLENDER ACCOUNT"), which is an account owned and controlled exclusively by the Agent, and all such checks shall be endorsed as follows: credited to account number _____________: 1561678150; absence of endorsement hereby supplied and granted guarantied by [Lock Box Bank] Any funds Bank One Texas, NA; Until a Notice of Redirection substantially in the Depository form of Exhibit A hereto (a "Notice") is delivered by Agent to Bank, all available balances in the Lender Account will be wired transferred on a daily basis via the automated clearing house system or wire transfer with the following instructions: First Union Bankers Trust Company New York, New York ABA No. 021 001 033 Account No. 0010▇▇▇▇ Account Name: BT Commercial Corporation One First Union Center 301 Corporation-LA Ref.: FWT, Inc. Attn: B. B▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇on the delivery of a Notice by Agent to Bank, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attn: Account No. _____________ For the account of the Borrower; provided, however, that no Bank shall transfer such funds shall be required to be wired unless and until the amount of funds only as provided in the Depository Account shall be in excess of an aggregate of $1000, unless the Agent shall, in its sole discretion, otherwise instruct the Banksuch Notice. All remittance advices, envelopes, and written matter (except as expressly provided herein) received in the Lock Box Lockbox together with photocopies of all checks shall be sent to the Borrower Company and, if requested by the Agent, copies of same shall be sent to the Agent. The Bank shall mail both a deposit advice for all deposits to the Lender Account, on a daily basis, and a statement of account, on a monthly basis, to both the Agent and the Borrower. If no deposit is made on a bank business day, a deposit advice, correctly dated, will be sent to the Agent and the Borrower with the notation "No Deposit" appearing thereonCompany. In addition, the Bank (or at any time prior shall facsimile to the occurrence of an Event of Default, the Borrower) shall indicate by telephone to the Agent on each Bank business day by 2:30 P.M. (Eastern p.m., New York City time zone) the amount of each day's deposit total. The Depository Account Facsimiles shall be opened and established by the Borrower for the benefit of the Agent on behalf of the Lenders and shall be subject sent to the terms and provisions of the Credit Agreement and Security Agreement BT Commercial Corporation; attention: Bhartai Baliga, at (as such term is defined in the Credit Agreement). Neither the Bank nor the Borrower shall have the right to withdraw funds from the Depository Account, except that the Bank may make such debits therefrom as provided in Section 5 hereof212) ▇▇▇-▇▇▇▇.