Deposit Account Control Agreement Sample Contracts

General Employment Enterprises, Inc. – Deposit Account Control Agreement (August 14th, 2018)

This Deposit Account Control Agreement (the "Agreement") is entered into as of August 8, 2018, among GEE GROUP INC. ("Company"), MGG Investment Group LP ("Lender") and Bank of America, N.A. ("Bank") with respect to the following:

YayYo, Inc. – Deposit Account Control Agreement (June 7th, 2018)

This Deposit Account Control Agreement (as amended, restated, supplemented or otherwise modified from time to time, this "Agreement") is dated as of March 7th, 2018, and entered into by and among YAYYO, INC., a Delaware corporation ("Depositor"), BELLRIDGE CAPITAL, LP, a Delaware limited partnership ("Secured Party"), and Umpqua Bank ("Bank").

Fusion Telecommunications International, Inc. – DEPOSIT ACCOUNT CONTROL AGREEMENT (Blocked Account) (May 10th, 2018)

This Deposit Account Control Agreement (Blocked Account) (this "Agreement") is entered into as of May 4, 2018, by Fusion Connect, Inc., a Delaware corporation ("Borrower"), Wilmington Trust, National Association, a national banking association ("First Lien Secured Party"), and East West Bank, a California banking corporation ("Deposit Holder"). All references herein to the "Uniform Commercial Code" refers to the Uniform Commercial Code as in effect from time to time in the State of New York. Terms defined in the Uniform Commercial Code have the same meanings when used herein.

Life Partners Position Holder Trust – SECURITIES AND DEPOSIT ACCOUNT AGREEMENT AND SECURITIES AND DEPOSIT ACCOUNT CONTROL AGREEMENT Dated as of _______ __, 2016 Among Life Partners Position Holder Trust, [Depository], _______, as Trustee, _______, as CFH Agent, _______, as Escrow Agent, Vida Capital, Inc., as Collateral Agent, and Life Partners, Inc. (May 2nd, 2017)

This SECURITIES AND DEPOSIT ACCOUNT AGREEMENT AND SECURITIES AND DEPOSIT ACCOUNT CONTROL AGREEMENT (this Agreement) dated as of _______ __, 2016 is entered into among:

Efcar, Llc – DEPOSIT ACCOUNT CONTROL AGREEMENT (Access Restricted Immediately) Section 9 Servicer Payment of Bank Fees (December 8th, 2016)

This Deposit Account Control Agreement (the Agreement), dated as of the date specified on the initial signature page of this Agreement, is entered into by and among Exeter Automobile Receivables Trust 20 - , a Delaware statutory trust (Company), Exeter Finance Corp., a Texas corporation (Servicer), [Indenture Trustee], as indenture trustee for the benefit of certain noteholders (in such capacity, Secured Party) under an indenture (the Indenture) dated as of , 20 , and [Lockbox Bank] (Bank), and sets forth the rights of Secured Party and the obligations of Bank with respect to the deposit accounts of Company at Bank identified at the end of this Agreement as the Collateral Accounts (each hereinafter referred to individually as a Collateral Account and collectively as the Collateral Accounts). Each account designated as a Collateral Account includes, for purposes of this Agreement, and without the necessity of separately listing subaccount numbers, all subaccounts pr

Efcar, Llc – DEPOSIT ACCOUNT CONTROL AGREEMENT (Access Restricted Immediately) Section 9 Servicer Payment of Bank Fees (December 2nd, 2016)

This Deposit Account Control Agreement (the Agreement), dated as of the date specified on the initial signature page of this Agreement, is entered into by and among Exeter Automobile Receivables Trust 20 - , a Delaware statutory trust (Company), Exeter Finance Corp., a Texas corporation (Servicer), [Indenture Trustee], as indenture trustee for the benefit of certain noteholders (in such capacity, Secured Party) under an indenture (the Indenture) dated as of , 20 , and [Lockbox Bank] (Bank), and sets forth the rights of Secured Party and the obligations of Bank with respect to the deposit accounts of Company at Bank identified at the end of this Agreement as the Collateral Accounts (each hereinafter referred to individually as a Collateral Account and collectively as the Collateral Accounts). Each account designated as a Collateral Account includes, for purposes of this Agreement, and without the necessity of separately listing subaccount numbers, all subaccounts pr

Efcar, Llc – DEPOSIT ACCOUNT CONTROL AGREEMENT (Access Restricted Immediately) Section 9 Servicer Payment of Bank Fees (August 30th, 2016)

This Deposit Account Control Agreement (the Agreement), dated as of the date specified on the initial signature page of this Agreement, is entered into by and among Exeter Automobile Receivables Trust 20 - , a Delaware statutory trust (Company), Exeter Finance Corp., a Texas corporation (Servicer), [Indenture Trustee], as indenture trustee for the benefit of certain noteholders (in such capacity, Secured Party) under an indenture (the Indenture) dated as of , 20 , and [Lockbox Bank] (Bank), and sets forth the rights of Secured Party and the obligations of Bank with respect to the deposit accounts of Company at Bank identified at the end of this Agreement as the Collateral Accounts (each hereinafter referred to individually as a Collateral Account and collectively as the Collateral Accounts). Each account designated as a Collateral Account includes, for purposes of this Agreement, and without the necessity of separately listing subaccount numbers, all subaccounts pr

Healthwarehouse.Com – Deposit Account Control Agreement (November 13th, 2015)

THIS DEPOSIT ACCOUNT CONTROL AGREEMENT (the "Agreement") is made and entered into as of October 22, 2015, by and among CHEVIOT SAVINGS BANK ("Depository Bank"), HEALTHWAREHOUSE.COM, INC., a Delaware corporation, HWAREH.COM, INC., a Delaware corporation and HOCKS.COM, INC., an Ohio corporation, (collectively, "Borrower"), and MELROSE CAPITAL ADVISORS, LLC, an Ohio limited liability company ("Lender").

EXECUTION COPY (B) Any Adjustments or Corrections of Any Posting or Encoding Errors (Including Any Clerical Errors or Calculation Errors); And (C) the Face Amount of Any Cheques, Electronic Credits, or Other Items That Have Been Credited to the Accounts but at Any Time Are Subsequently Returned, Reversed, Unpaid or Otherwise Uncollected, for Any Reason Whatsoever. Section 4. Choice of Law and Waiver of Jury Trial. (I) This Agreement Shall Be Governed By, and Construed and Interpreted in Accordance With, the Laws of the Province of Ontario and the Laws of Canada Applicable Therein and the Parti (August 5th, 2015)
Impac Mortgage Holdings, Inc. – Loan Agreement (June 25th, 2015)

THIS LOAN AGREEMENT (this Agreement) is entered into as of June 19, 2015, by and among Impac Mortgage Holdings, Inc., a Maryland corporation (Holdings); Impac Mortgage Corp., a California corporation (IMC); Impac Warehouse Lending, Inc., a California corporation (IWLI) and Integrated Real Estate Service Corp., a Maryland corporation (IRES and together with Holdings, IMC and IWLI, collectively and individually, Borrowers or Borrower), and Macquarie Alpine Inc., a Delaware corporation (Lender).

DEPOSIT ACCOUNT CONTROL AGREEMENT (Access Restricted) (July 11th, 2014)

This Deposit Account Control Agreement (the "Agreement"), dated as of the date specified on the initial signature page of this Agreement, is entered into by and among Inventergy, Inc. ("Company"), Hudson Bay IP Opportunities Master Fund LP ("Secured Party") and First Republic Bank ("Bank"), and sets forth the rights of Company and Secured Party and the obligations of Bank with respect to the deposit account of Company at Bank identified at the end of this Agreement as the Collateral Accounts (the "Collateral Accounts").

Ener-Core Inc. – SPECIAL DEPOSIT ACCOUNT CONTROL AGREEMENT (Security Interest in Deposit Account) (April 16th, 2014)
Deposit Account Control Agreement (April 8th, 2014)

DEPOSIT ACCOUNT CONTROL AGREEMENT dated as of January 31, 2013, amongGlobal Geophysical Services, Inc. (the "Lien Grantor"), TPG Specialty Lending, Inc., as collateral agent for the Secured Lenders (as hereinafter defined) (the "Secured Party"), and Citibank, N.A. (the "Depositary Bank"). All references herein to the "UCC" refer to the Uniform Commercial Code as in effect from time to time in the State of New York. Terms defined in the UCC have the same meanings when used herein.

Deposit Account Control Agreement (April 8th, 2014)

This Deposit Account Control Agreement (the "Agreement") is entered into as of February 12, 2014, among Global Geophysical Services, Inc. ("GGS"), Global Microseismic Services, Inc. ("Microseismic"), GGS Lease Co., Inc. ("Lease"), Global Eurasia, LLC, ("Eurasia", and together with GGS, Microseismic and Lease collectively, "Company"), TPG Specialty Lending, Inc. ("TPG") as collateral agent ("Collateral Agent") for the Secured Parties (as defined below), and Bank of America, N.A. ("Bank") with respect to the following:

DEPOSIT ACCOUNT CONTROL AGREEMENT (Access Restricted After Notice) (April 8th, 2014)

This Deposit Account Control Agreement (the "Agreement"), dated as of the date specified on the initial signature page of this Agreement, is entered into by and among the companies listed on Exhibit "A" to this Agreement (each of which companies, individually, is hereinafter referred to as "Company"), TPG Specialty Lending, Inc., in its capacity as collateral agent ("Secured Party") and Wells Fargo Bank, National Association ("Bank"), and sets forth the rights of Secured Party and the obligations of Bank with respect to the deposit accounts of Company at Bank identified at the end of this Agreement as the Collateral Accounts (each hereinafter referred to individually as a "Collateral Account" and collectively as the "Collateral Accounts"). Each account designated as a Collateral Account includes, for purposes of this Agreement, and without the necessity of separately listing subaccount numbers, all subaccounts presently existing or hereafter established for deposit reporting purposes

Digital Ally – Deposit Account Control Agreement (March 25th, 2014)

This Deposit Account Control Agreement (this "Agreement"), dated as of March 18, 2014, is entered into by and among Digital Ally, Inc. ("Customer"), Hudson Bay Capital Management LP (in such capacity, together with its successors and assigns in such capacity, "Agent") and Citizens Bank & Trust ("Depository Institution"), and sets forth the rights of Agent and the obligations of Depository Institution with respect to the deposit accounts of Customer at Depository Institution identified on Exhibit A annexed hereto (each hereinafter referred to individually as a "Collateral Account" and collectively as the "Collateral Accounts").

Deposit Account Control Agreement (October 25th, 2013)

Customer has granted Creditor a security interest in a deposit account maintained by Bank for Customer and in all funds heretofore or hereafter deposited into that account, including any interest earned thereon. The Parties are entering into this agreement to perfect Creditor's security interest in that account.

GTJ REIT, Inc. – Deposit Account Control Agreement (February 19th, 2013)

This Agreement is entered into as of January 1, 2013, among WU/LH 12 CASCADE L.L.C., WU/LH 25 EXECUTIVE L.L.C., WU/LH 269 LAMBERT L.L.C., WU/LH 103 FAIRVIEW PARK L.L.C., WU/LH 412 FAIRVIEW PARK L.L.C., WU/LH 401 FIELDCREST L.L.C., WU/LH 404 FIELDCREST L.L.C., WU/LH 36 MIDLAND L.L.C., WU/LH 100-110 MIDLAND L.L.C., WU/LH 112 MIDLAND L.L.C., WU/LH 199 RIDGEWOOD L.L.C., W/LH 203 RIDGEWOOD L.L.C., WU/LH 100 AMERICAN L.L.C., WU/LH 200 AMERICAN L.L.C., WU/LH 300 AMERICAN L.L.C., WU/LH 400 AMERICAN L.L.C. and WU/LH 500 AMERICAN L.L.C. (each individually a Company, and collectively, Company), JOHN HANCOCK LIFE INSURANCE COMPANY (U.S.A.), a Michigan corporation, successor by merger to John Hancock Life Insurance Company, a Massachusetts corporation (Lender), and Bank of America, N.A. (Bank) with respect to the following:

GTJ REIT, Inc. – Deposit Account Control Agreement (February 19th, 2013)

This Agreement is entered into as of January 1, 2013, among WU/LH 12 CASCADE L.L.C., WU/LH 25 EXECUTIVE L.L.C., WU/LH 269 LAMBERT L.L.C., WU/LH 103 FAIRVIEW PARK L.L.C., WU/LH 412 FAIRVIEW PARK L.L.C., WU/LH 401 FIELDCREST L.L.C., WU/LH 404 FIELDCREST L.L.C., WU/LH 36 MIDLAND L.L.C., WU/LH 100-110 MIDLAND L.L.C., WU/LH 112 MIDLAND L.L.C., WU/LH 199 RIDGEWOOD L.L.C., W/LH 203 RIDGEWOOD L.L.C., WU/LH 100 AMERICAN L.L.C., WU/LH 200 AMERICAN L.L.C., WU/LH 300 AMERICAN L.L.C., WU/LH 400 AMERICAN L.L.C. and WU/LH 500 AMERICAN L.L.C. (each individually a Company, and collectively, Company), JOHN HANCOCK LIFE INSURANCE COMPANY (U.S.A.), a Michigan corporation, successor by merger to John Hancock Life Insurance Company, a Massachusetts corporation (Lender), and Bank of America, N.A. (Bank) with respect to the following:

GTJ REIT, Inc. – Deposit Account Control Agreement (February 19th, 2013)

This Agreement is entered into as of January 1, 2013, among WU/LH 12 CASCADE L.L.C., WU/LH 25 EXECUTIVE L.L.C., WU/LH 269 LAMBERT L.L.C., WU/LH 103 FAIRVIEW PARK L.L.C., WU/LH 412 FAIRVIEW PARK L.L.C., WU/LH 401 FIELDCREST L.L.C., WU/LH 404 FIELDCREST L.L.C., WU/LH 36 MIDLAND L.L.C., WU/LH 100-110 MIDLAND L.L.C., WU/LH 112 MIDLAND L.L.C., WU/LH 199 RIDGEWOOD L.L.C., W/LH 203 RIDGEWOOD L.L.C., WU/LH 100 AMERICAN L.L.C., WU/LH 200 AMERICAN L.L.C., WU/LH 300 AMERICAN L.L.C., WU/LH 400 AMERICAN L.L.C. and WU/LH 500 AMERICAN L.L.C. (each individually a Company, and collectively, Company), JOHN HANCOCK LIFE INSURANCE COMPANY (U.S.A.), a Michigan corporation, successor by merger to John Hancock Life Insurance Company, a Massachusetts corporation (Lender), and Bank of America, N.A. (Bank) with respect to the following:

DEPOSIT ACCOUNT CONTROL AGREEMENT (Access Restricted Immediately) (July 26th, 2012)
ESCROW AND DEPOSIT ACCOUNT CONTROL AGREEMENT Among NEKTAR THERAPEUTICS, WELLS FARGO BANK, NATIONAL ASSOCIATION as Collateral Agent, and WELLS FARGO BANK, NATIONAL ASSOCIATION as Escrow Agent Dated as of July 11, 2012 ACCOUNT NUMBER: 00000000 SHORT TITLE OF ACCOUNT: Cash Reserve Account (July 11th, 2012)

This Agreement is being entered into in connection with (i) the Purchase Agreement, dated July 3, 2012 (the "Purchase Agreement"), among the Company, Cowen and Company, LLC and CRT Capital Group LLC, as representative of the initial purchasers of the Notes (as defined herein) issued on the date hereof, (ii) the Indenture, dated as of July 11, 2012 (the "Indenture"), governing the Company's 12% Senior Secured Notes due 2017 (the "Notes"), between the Company, the Trustee and the Collateral Agent, and (iii) the Pledge and Security Agreement, dated as of July 11, 2012 (the "Security Agreement"), between the Company and the Collateral Agent. Capitalized terms, which are used but not defined herein have the meanings specified therefor in the Security Agreement.

Unifi, Inc. – Deposit Account Control Agreement (May 25th, 2012)

This Deposit Account Control Agreement (the "Agreement") is entered into as of May 24, 2012, among Unifi Manufacturing Inc. ("Company"), Wells Fargo Bank, N.A. ("Lender") and Bank of America, N.A. ("Bank") with respect to the following:

Deposit Account Control Agreement (April 6th, 2012)

Customer hereby grants Creditor a security interest in a deposit account maintained by Bank for Customer and in all funds heretofore or hereafter deposited into that account, including any interest earned thereon. The Parties are entering into this agreement to perfect Creditor's security interest in that account.

River Rock Entertainment Authority – AMENDED AND RESTATED DEPOSIT ACCOUNT CONTROL AGREEMENT (Contingency) (December 2nd, 2011)

This Amended and Restated Deposit Account Control Agreement (this Agreement) is made and entered into as of , 2011 by and among U.S. Bank National Association, a national banking association, solely as trustee under the Indenture referred to below (the Trustee), The Bank of the West (the Bank), River Rock Entertainment Authority (the Depositor), an unincorporated governmental instrumentality of the Dry Creek Rancheria Band of Pomo Indians, a federally recognized Indian tribe (the Tribe), and the Tribe (solely as to its obligations under Section 11), and executed as of the Operative Date (as defined below) by Deutsche Bank Trust Company Americas, a state banking corporation duly organized and existing under the laws of the State of New York, as trustee under the New Indenture referred to below (the New Indenture Trustee) and Deutsche Bank Trust Company Americas, a state banking corporation duly organized and existing under the laws of the State of New York, as col

ContinuityX Solutions, Inc. – DEPOSIT ACCOUNT CONTROL AGREEMENT September 6, 2011 JP Morgan Chase Attn.: Chris Schultz, Asst. Vice President (November 23rd, 2011)
InstaCare – First Republic Bank DEPOSIT ACCOUNT CONTROL AGREEMENT (August 12th, 2011)

This Deposit Account Control Agreement (Agreement) is entered into this 19th day of November, 2007, between First Republic Bank (Bank), Centurion Credit Resources LLC (Secured Party), and Pharmatech Direct Corp. (Customer).

Black Elk Energy Land Operations, LLC – OPERATED DEPOSIT ACCOUNT CONTROL AGREEMENT Executed and Delivered as of October 29, 2009. PARTIES (May 16th, 2011)

The Debtor has established an Escrow Account identified by the Deposit Account number specified below (as re-numbered and including any funds in the Deposit Account or Deposit Accounts, the Deposit Account), which has been established pursuant to that certain Operated Escrow Agreement by and among the Secured Party, the Debtor, and the Bank dated of even date herewith (as amended from time to time, the Escrow Account). The Debtor has granted the Secured Party a security interest in the Deposit Account. The Debtor is requesting that the Bank enter into this Agreement. The Bank is willing to do so upon the terms contained in this Agreement.

Black Elk Energy Land Operations, LLC – NON-OPERATED DEPOSIT ACCOUNT CONTROL AGREEMENT Executed and Delivered as of October 29, 2009. PARTIES (May 16th, 2011)

The Debtor has established an Escrow Account identified by the Deposit Account number specified below (as re-numbered and including any funds in the Deposit Account or Deposit Accounts, the Deposit Account), which has been established pursuant to that certain Operated Escrow Agreement by and among the Secured Party, the Debtor, and the Bank dated of even date herewith (as amended from time to time, the Escrow Account). The Debtor has granted the Secured Party a security interest in the Deposit Account. The Debtor is requesting that the Bank enter into this Agreement. The Bank is willing to do so upon the terms contained in this Agreement.

River Rock Entertainment Authority – DEPOSIT ACCOUNT CONTROL AGREEMENT (Contingency) (March 30th, 2011)

Pursuant to that certain Indenture, dated as of November 7, 2003 among the Depositor, the Tribe and the Secured Party, as Trustee (the Indenture) and the Collateral Documents (as defined in the Indenture) related thereto, Depositor has granted Secured Party a security interest in the deposit accounts maintained by Bank for Depositor at Banks San Francisco office (Banking Office) as set forth on the attached Schedule A and in all checks, drafts and all funds and other instruments now in or hereafter deposited into that account, including any interest earned thereon. The Parties are entering into this Agreement to perfect Secured Partys security interest in that account. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Indenture.

Phoenix Footwear Group, Inc. – Deposit Account Control Agreement (November 16th, 2010)

This DEPOSIT ACCOUNT CONTROL AGREEMENT (this Agreement) is made as of November 1, 2010, by PACIFIC WESTERN BANK, a California state-chartered bank, whose address is 21600 Oxnard Street, Suite 100, Woodland Hills, CA 91367, Attn: SHARON SKIBISKI, (the Bank), PHOENIX FOOTWEAR GROUP, INC., a Delaware Corporation, whose address is 5840 El Camino Real, Suite 106, Carlsbad, CA 92008 (with respect to its respective Blocked Deposit Account(s) (Borrower) and, GIBRALTAR BUSINESS CAPITAL, LLC, a Delaware Limited Liability Company, whose address is 60 Revere Drive Northbrook, IL 60062 Attn: Darren Latimer (Lender).

ECO Building Products, Inc. – Deposit Account Control Agreement (September 2nd, 2010)

This DEPOSIT ACCOUNT CONTROL AGREEMENT (this "Agreement") dated as of August 31, 2010, is by and among each of the secured parties listed on Schedule 1 attached hereto (each, individually, a "Secured Party" and collectively, "Secured Parties"), with offices at the respective addresses set forth on Sche dule 1, EcoBlu Products, Inc., with offices at 909 West Vista Way, Vista, CA 92083 (the "Company"), and Metropolitan Capital Bank, with an office at Nine East Ontario, Chicago, Illinois 60611 (the "Bank").

Kh Funding Co – Deposit Account Control Agreement (March 30th, 2010)

THIS DEPOSIT ACCOUNT CONTROL AGREEMENT (this "Agreement") is made this 10th day of March, 2010, by and among WELLS FARGO BANK, NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee under that certain Indenture dated August 2, 2004, as the same has been and may hereafter be amended, supplemented, modified, replaced or substituted (the "Indenture"), and any successor Trustee (the "Trustee"), with a location at 45 Broadway, 12th Floor, New York, New York 10006 (Attn: James R. Lewis, Corporate Trust Services), KH FUNDING COMPANY, a Maryland corporation (the "Debtor"), located at 10801 Lockwood Drive, Suite 370, Silver Spring, Maryland 20901 (Attn: Robert L. Harris), and Sandy Spring Bank, a Maryland commercial bank (the "Bank"), at 17801 Georgia Avenue, Olney, Maryland 20832 (Attn: SVP, Retail Administration, with a copy to Associate Counsel).

Execution Version Deposit Account Control Agreement (January 6th, 2010)

Deposit Account Control Agreement, dated as of August 24, 2009 (as amended, restated, supplemented or otherwise modified from time to time, the "Agreement"), by and among Standard Bank Plc, in its capacity as administrative agent under the Credit Agreement (as defined in the Pledge Agreement referred to below) ("Secured Party"); Solana Petroleum Exploration (Colombia) Limited ("Debtor"); and BNP Paribas ("Bank").

[*]=Information Redacted Pursuant to a Confidential Treatment Request. Such Information Has Been Filed Separately With the Securities and Exchange Commission. SECOND LIEN DEPOSIT ACCOUNT CONTROL AGREEMENT (August 27th, 2009)

THIS DEPOSIT ACCOUNT CONTROL AGREEMENT (as amended and in effect from time to time, this "Agreement") is dated as of July 24, 2009 and effective for all purposes as of August 1, 2008, by and among BancorpSouth Bank (together with its successors and assigns, "Bank"), Hancock Fabrics, Inc. (together with its successors and assigns, the "Company") and Deutsche Bank National Trust Company, in its capacity as trustee (in such capacity, together with its successors and assigns, "the Trustee") pursuant to the Indenture (as hereinafter defined) acting for itself and on behalf of the Holders (as defined in the Indenture).