Deposit Account Control Agreement Sample Contracts

DEPOSIT ACCOUNT CONTROL AGREEMENT
Deposit Account Control Agreement • February 23rd, 2022 • Exeter Automobile Receivables Trust 2022-1 • Asset-backed securities • New York

This Deposit Account Control Agreement (the “Agreement”), dated as of the date specified on the page immediately before the initial signature page of this Agreement, is entered into by and among Exeter Automobile Receivables Trust 2022-1, a Delaware statutory trust (“Company”), Exeter Finance LLC, a Delaware limited liability company (“Servicer”), Citibank, N.A., as indenture trustee for the benefit of certain noteholders (in such capacity, “Secured Party”) under an indenture (the “Indenture”) dated as of January 23, 2022, and Wells Fargo Bank, National Association (in such capacity, “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,

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FORM OF DEPOSIT ACCOUNT CONTROL AGREEMENT
Deposit Account Control Agreement • October 14th, 2022 • Exeter Automobile Receivables Trust 2022-5 • Asset-backed securities • New York

This Deposit Account Control Agreement (the “Agreement”), dated as of the date specified on the page immediately before the initial signature page of this Agreement, is entered into by and among Exeter Automobile Receivables Trust 2022-5, a Delaware statutory trust (“Company”), Exeter Finance LLC, a Delaware limited liability company (“Servicer”), Citibank, N.A., as indenture trustee for the benefit of certain noteholders (in such capacity, “Secured Party”) under an indenture dated as of September 18, 2022 (the "Indenture"), 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

DEPOSIT ACCOUNT CONTROL AGREEMENT
Deposit Account Control Agreement • October 22nd, 2007 • HSBC Home Equity Loan Trust (USA) 2007-3 • Asset-backed securities • New York

This Deposit Account Control Agreement (this “Agreement”) dated as of October 18, 2007, is made by and among U.S. Bank National Association, as trustee under the Pooling and Servicing Agreement referred to below, and HSBC Bank USA, National Association, as administrator and as bank (“HSBC” and, in its capacity as Administrator, the “Administrator”, and in its capacity as bank, the “Bank”). Capitalized terms used but not defined herein shall have the meaning assigned (including by reference therein) in the Pooling and Servicing Agreement dated as of October 18, 2007 (the “Pooling and Servicing Agreement”) among HSBC Home Equity Loan Corporation II, as depositor (the “Depositor”), HSBC Finance Corporation, as servicer (the “Servicer”), the Trustee and the Administrator. The trust known as HSBC Home Equity Loan Trust (USA) 2007-3 and created under the Pooling and Servicing Agreement is referred to herein as the “Trust”. All references herein to the “UCC” shall mean the Uniform Commercial

DEPOSIT ACCOUNT CONTROL AGREEMENT
Deposit Account Control Agreement • March 7th, 2013 • Utah

WHEREAS Customer has granted to Secured Party a security interest in the Deposit Account and all financial assets and other property now or at any time hereafter held in the Deposit Account; and

Sample language: Please copy sample language to your own business or entity organization stationery]
Deposit Account Control Agreement • August 7th, 2020

This document is not a required form, but merely a suggested format for presenting the required provisions of an agreement between a debtor, a secured party and a bank as to the disposition of funds in a deposit account. It is permissible to use the depository bank’s form, or another third party’s form, of DACA, so long as such form complies with HUD Program Obligations, as well as all applicable laws and governmental healthcare insurance program rules. The information for which this sample format would provide the lender’s analysis and recommendations to HUD has been approved by the Office of Management and Budget under the Paperwork Reduction Act of 1995 and has been assigned OMB control number 2502-0605.

DEPOSIT ACCOUNT CONTROL AGREEMENT
Deposit Account Control Agreement • March 13th, 2007 • Liberty Renewable Fuels LLC • Industrial organic chemicals • Delaware

This Deposit Account Control Agreement (“Agreement”) is made on January 3, 2007, by Liberty Renewable Fuels LLC, a Delaware limited liability company whose address is 3508 E. M-21, P.O. Box 335, Owosso, Michigan 48867 (“Liberty”), and is given to Fifth Third Bank, a Michigan banking corporation, with offices located at 1000 Town Center, Southfield, Michigan 48075 (“Fifth Third”).

DEPOSIT ACCOUNT CONTROL AGREEMENT
Deposit Account Control Agreement • November 8th, 2006 • HSBC Automotive Trust (USA) 2006-3 • Asset-backed securities • New York

This Deposit Account Control Agreement (this “Agreement”) dated as of November 1, 2006, is made by and among HSBC Automotive Trust (USA) 2006-3, as issuer (the “Issuer”), The Bank of New York Trust Company, N.A., not in its individual capacity but solely as indenture trustee (the “Indenture Trustee”) under the Indenture referred to below, and HSBC Bank USA, National Association, as administrator and as bank (“HSBC” and, in its capacity as Administrator, the “Administrator”, and in its capacity as bank, the “Bank”). Capitalized terms used but not defined herein shall have the meaning assigned (including by reference therein) in the Indenture dated as of November 1, 2006 (the “Indenture”) among the Issuer, HSBC, as administrator, and the Indenture Trustee. All references herein to the “UCC” shall mean the Uniform Commercial Code as in effect in the State of New York.

DEPOSIT ACCOUNT CONTROL AGREEMENT
Deposit Account Control Agreement • June 7th, 2018 • YayYo, Inc. • Services-computer processing & data preparation • Oregon

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”).

DEPOSIT ACCOUNT CONTROL AGREEMENT
Deposit Account Control Agreement • February 19th, 2013 • GTJ REIT, Inc. • Real estate investment trusts • New York

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:

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
Deposit Account Control Agreement • August 27th, 2009 • Hancock Fabrics Inc • Retail-miscellaneous shopping goods stores • Mississippi

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).

OPERATED DEPOSIT ACCOUNT CONTROL AGREEMENT Executed and Delivered as of October 29, 2009. PARTIES
Deposit Account Control Agreement • May 16th, 2011 • Black Elk Energy Finance Corp.

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.

Deposit account control agreement wells fargo
Deposit Account Control Agreement • January 27th, 2021

Printer-friendly Securities Account Control Agreement - Wells Fargo Bank NA and Handspring Inc. SECURITIES ACCOUNT CONTROL AGREEMENT (Wells Fargo Lender Intermediary) THIS SECURITIES ACCOUNT CONTROL AGREEMENT (this Agreement) is entered into as of 16. RECITALS A. The customer claims that a particular Wells Capital Management account (account number] (securities account) with an intermediary in accordance with the agreement between the intermediary and the customer as of January 9, 2015. B. The secured party, buyer and intermediary have agreed to enter into this Agreement to perfect the security interests of the secured party in collateral, as defined below. Therefore, in view of each other's alliances and promises, the parties agree as follows: 1. As used here: (a) the term Collateral means: (i) the securities account; (ii) all financial assets attributed to the securities account; (iii) all security rights with regard to financial assets attributed to the securities account; (iv) any

DEPOSIT ACCOUNT CONTROL AGREEMENT
Deposit Account Control Agreement • March 25th, 2014 • Digital Ally Inc • Radio & tv broadcasting & communications equipment • New York

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”).

Information redacted pursuant to a confidential treatment request. DEPOSIT ACCOUNT CONTROL AGREEMENT (ELAVON DESIGNATED DEPOSIT ACCOUNT)
Deposit Account Control Agreement • April 10th, 2009 • Hancock Fabrics Inc • Retail-miscellaneous shopping goods stores • Mississippi

THIS DEPOSIT ACCOUNT CONTROL AGREEMENT (as amended and in effect from time to time, this “Agreement”) is dated 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 General Electric Capital Corporation, in its capacity as agent (in such capacity, together with its successors and assigns, “Agent”) pursuant to the Loan Agreement (as hereinafter defined) acting for and on behalf of Lenders (as defined in the Loan Agreement).

Information redacted pursuant to a confidential treatment request. DEPOSIT ACCOUNT CONTROL AGREEMENT
Deposit Account Control Agreement • April 10th, 2009 • Hancock Fabrics Inc • Retail-miscellaneous shopping goods stores • New York

THIS DEPOSIT ACCOUNT CONTROL AGREEMENT (this “Agreement”) is dated 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 General Electric Capital Corporation, in its capacity as agent (in such capacity, together with its successors and assigns, “Agent”) pursuant to the Loan Agreement (as hereinafter defined) acting for and on behalf of Lenders (as defined in the Loan Agreement).

DEPOSIT ACCOUNT CONTROL AGREEMENT
Deposit Account Control Agreement • June 2nd, 2008

The Debtor is the Bank’s customer with respect to one or more demand deposit accounts identified by the account numbers specified below (individually and collectively, as re-numbered and including any funds in the account or accounts, the "Deposit 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.

DEPOSIT ACCOUNT CONTROL AGREEMENT
Deposit Account Control Agreement • June 13th, 2006 • Vs Direct Inc. • North Carolina

This Agreement is entered into as of November 15, 2005 among Vitamin Shoppe Industries Inc. (“Company”) Wachovia Bank, National Association, in its capacity as agent pursuant to the Loan Agreement (as hereinafter defined) acting for and on behalf of the Lenders described below (in such capacity together with its successors and assigns “Agent”), and Bank of America, N.A. (“Bank”) with respect to the following:

DEPOSIT ACCOUNT CONTROL AGREEMENT
Deposit Account Control Agreement • August 6th, 2014
DEPOSIT ACCOUNT CONTROL AGREEMENT (Blocked Account)
Deposit Account Control Agreement • April 7th, 2023 • WeTrade Group Inc. • Services-computer processing & data preparation • California

This Deposit Account Control Agreement (Blocked Account) (this "Agreement") is entered into as of March __, 2023, by WETRADE GROUP INC., a Wyoming corporation ("Borrower"),...("Lender"), and EAST WEST BANK, a California banking corporation ("Deposit Holder").

DEPOSIT ACCOUNT CONTROL AGREEMENT (Access Restricted Immediately)
Deposit Account Control Agreement • December 2nd, 2016 • Efcar, LLC • Asset-backed securities

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 present

DEPOSIT ACCOUNT CONTROL AGREEMENT
Deposit Account Control Agreement • November 13th, 2015 • HealthWarehouse.com, Inc. • Retail-drug stores and proprietary stores • Ohio

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”).

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DEPOSIT ACCOUNT CONTROL AGREEMENT
Deposit Account Control Agreement • March 30th, 2010 • Kh Funding Co • Mortgage bankers & loan correspondents • Maryland

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).

DEPOSIT ACCOUNT CONTROL AGREEMENT Dated as of July 22, 2020
Deposit Account Control Agreement • July 28th, 2020 • Twin Disc Inc • General industrial machinery & equipment • Wisconsin

Deposit Accounts at BMO Harris Bank N.A. (in its capacity as depositary bank, “Bank”) Numbers: (each, an “Assigned Account” and collectively, the “Assigned Accounts”)

DEPOSIT ACCOUNT CONTROL AGREEMENT Executed and Delivered as of April ___, 2011 PARTIES
Deposit Account Control Agreement • March 25th, 2011 • Rochdale High Yield Advances Fund LLC

The Servicer is acting as servicer pursuant to the Servicing Agreement and the Servicer has, for and on behalf of the Debtor, caused the Bank to establish that certain account identified by the account number specified below (as re-numbered and including any funds in the account, the “Deposit 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.

DEPOSIT ACCOUNT CONTROL AGREEMENT
Deposit Account Control Agreement • December 10th, 2008 • Sonterra Resources, Inc. • Crude petroleum & natural gas • New York

This DEPOSIT ACCOUNT CONTROL AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), by and among the Bank identified above, the Company identified above, and the Secured Party/Pledgee identified above (the “Collateral Agent”) is dated as of the date written above.

DEPOSIT ACCOUNT CONTROL AGREEMENT
Deposit Account Control Agreement • December 10th, 2008 • Sonterra Resources, Inc. • Crude petroleum & natural gas

This DEPOSIT ACCOUNT CONTROL AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), by and among the Bank identified above, the Company identified above, and the Secured Party/Pledgee identified above (the “Collateral Agent”) is dated as of the date written above.

DEPOSIT ACCOUNT CONTROL AGREEMENT
Deposit Account Control Agreement • November 16th, 2010 • Phoenix Footwear Group Inc • Footwear, (no rubber) • California

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”).

DEPOSIT ACCOUNT CONTROL AGREEMENT
Deposit Account Control Agreement • December 28th, 2006 • HSBC Home Equity Loan Trust (USA) 2006-4 • Asset-backed securities • New York

This Deposit Account Control Agreement (this “Agreement”) dated as of December 14, 2006, is made by and among U.S. Bank National Association, as trustee under the Pooling and Servicing Agreement referred to below, and HSBC Bank USA, National Association, as administrator and as bank (“HSBC” and, in its capacity as Administrator, the “Administrator”, and in its capacity as bank, the “Bank”). Capitalized terms used but not defined herein shall have the meaning assigned (including by reference therein) in the Pooling and Servicing Agreement dated as of December 14, 2006 (the “Pooling and Servicing Agreement”) among HSBC Home Equity Loan Corporation II, as depositor (the “Depositor”), HSBC Finance Corporation, as servicer (the “Servicer”), the Trustee and the Administrator. The trust known as HSBC Home Equity Loan Trust (USA) 2006-4 and created under the Pooling and Servicing Agreement is referred to herein as the “Trust”. All references herein to the “UCC” shall mean the Uniform Commercia

DEPOSIT ACCOUNT CONTROL AGREEMENT
Deposit Account Control Agreement • November 1st, 2006 • Verrazano,inc.

This DEPOSIT ACCOUNT CONTROL AGREEMENT (this “Agreement”) is entered into as of June 20, 2005, among HSBC Bank USA, National Association, as Agent pursuant to a certain Financing Agreement (as defined herein) (the “Secured Party”), The Bank of New York, as Collateral Agent pursuant to a certain Second Lien Security Agreement (as defined herein) (the “Collateral Agent”), Rafaella Apparel Group, Inc. (the “Debtor”), and HSBC Bank USA, National Association (the “Bank”).

DEPOSIT ACCOUNT CONTROL AGREEMENT
Deposit Account Control Agreement • February 12th, 2007 • HSBC Automotive Trust (USA) 2007-1 • Asset-backed securities • New York

This Deposit Account Control Agreement (this "Agreement") dated as of January 31, 2007, is made by and among HSBC Automotive Trust (USA) 2007-1, as issuer (the "Issuer"), Deutsche Bank Trust Company Americas, not in its individual capacity but solely as indenture trustee (the "Indenture Trustee") under the Indenture referred to below, and HSBC Bank USA, National Association, as administrator and as bank ("HSBC" and, in its capacity as Administrator, the "Administrator", and in its capacity as bank, the "Bank"). Capitalized terms used but not defined herein shall have the meaning assigned (including by reference therein) in the Indenture dated as of January 31, 2007 (the "Indenture") among the Issuer, HSBC, as administrator, and the Indenture Trustee. All references herein to the "UCC" shall mean the Uniform Commercial Code as in effect in the State of New York.

AND RESTATED DEPOSIT ACCOUNT CONTROL AGREEMENT
Deposit Account Control Agreement • September 24th, 2008 • South Texas Oil Co • Crude petroleum & natural gas • Texas

THIS AMENDED AND RESTATED DEPOSIT ACCOUNT CONTROL AGREEMENT (this “Agreement”) is entered into as of September 19, 2008, by and among the following parties:

FORM OF DEPOSIT ACCOUNT CONTROL AGREEMENT
Deposit Account Control Agreement • August 6th, 2009 • Evolution Resources, Inc. • Services-help supply services • New York

This DEPOSIT ACCOUNT CONTROL AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), by and among the Bank identified above, the Company identified above (the “Company”), the Other Debtors identified above (the “Other Debtors”) and the Secured Party/Pledgee identified above (the “Collateral Agent”) is dated as of the date written above.

DEPOSIT ACCOUNT CONTROL AGREEMENT
Deposit Account Control Agreement • April 8th, 2014 • Global Geophysical Services Inc • Oil & gas field exploration services • New York

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
Deposit Account Control Agreement • November 9th, 2006 • Kh Funding Co • Mortgage bankers & loan correspondents • Maryland

This Agreement is entered into as of October 17, 2006, among KH Funding Company (“Company”), Wells Fargo Bank, N.A. (“the Secured Party”), solely in its capacity as trustee under the Indenture dated as of August 2, 2004, as amended (the “Indenture”) between the Company and the Secured Party, and Bank of America, N.A. (“Bank”) with respect to the following:

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