Common use of Banking Relationship Clause in Contracts

Banking Relationship. Borrower shall at all times maintain a banking relationship with Silicon. Without limiting the generality of the foregoing, Borrower shall, at all times, maintain not less than sixty percent (60%) of its total unrestricted cash and investments maintained with institutions in the United States and Canada on deposit with Silicon. As to any Deposit Accounts and investment accounts maintained with another institution (other than the lockbox account of Borrower held at SunTrust Bank or any accounts which are required to secure letters of credit issued by such institution), Borrower shall cause such institution, within thirty (30) days after the date of this Agreement, to enter into a control agreement in form acceptable to Silicon in its good faith business judgment in order to perfect Silicon’s first-priority security interest in said Deposit Accounts and investment accounts.

Appears in 1 contract

Samples: Security Agreement (Cogent Communications Group Inc)

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Banking Relationship. Borrower shall at all times until the Termination of Silicon's Commitment maintain a its primary banking relationship with Silicon. Without limiting the generality of the foregoing, prior to any Trigger Event Period, Borrower shall, shall at all times, times maintain not less than sixty percent (60%) a majority of its total unrestricted cash and investments maintained on deposit with institutions in the United States Silicon and Canada after any Trigger Event Period, Borrower shall at all times maintain all of its cash and investments on deposit with Silicon. As to any Deposit Accounts and investment accounts maintained with another institution (other than the lockbox account of Borrower held at SunTrust Bank or any accounts which are required to secure letters of credit issued by such institution), Borrower shall cause such institution, within thirty (30) days after the date of this Agreement, to enter into a control agreement in form acceptable to Silicon in its good faith business judgment in order to perfect Silicon’s 's first-priority security interest in said Deposit Accounts and investment accounts.

Appears in 1 contract

Samples: Loan and Security Agreement (Axeda Systems Inc)

Banking Relationship. Borrower shall at all times maintain a its primary banking relationship with Silicon. Without limiting the generality of the foregoing, Borrower shall, within sixty days of the date hereof and at all timestimes thereafter, Borrower shall maintain not less than sixty percent (60%) 85% of its Mxxxxxx Technologies, Inc.’s total unrestricted cash and investments maintained with institutions in the United States and Canada on deposit with Silicon. As to any Deposit Accounts and investment accounts maintained with another institution (other than institution, if at any time Borrower fails to comply with the lockbox account terms of Borrower held at SunTrust Bank or any accounts which are required to secure letters of credit issued by such institution)the preceding sentence, Borrower shall cause such institution, within thirty (30) 10 days after the date of this Agreementsuch non-compliance, to enter into a control agreement in form acceptable to Silicon in its good faith business judgment in order to perfect Silicon’s first-priority security interest in said Deposit Accounts and investment accounts.

Appears in 1 contract

Samples: Loan and Security Agreement (Maxwell Technologies Inc)

Banking Relationship. Borrower shall shall, as of the forty-fifth (45th) day from the date of this Agreement and at all times thereafter maintain a its primary banking relationship with Silicon. Without limiting the generality of the foregoing, Borrower shallshall within forty-five (45) days of the date of this Agreement, and at all timestimes thereafter, maintain not less than sixty percent (60%) 90% of its total unrestricted cash and investments maintained with institutions in the United States and Canada on deposit with Silicon. As to any Deposit Accounts and investment accounts maintained with another institution (other than the lockbox account of Borrower held at SunTrust Bank or any accounts which are required to secure letters of credit issued by such institution), Borrower shall cause such institution, within thirty (30) 60 days after the date of this Agreement, to enter into a control agreement in form acceptable to Silicon in its good faith business judgment in order to perfect Silicon’s first-priority security interest in said Deposit Accounts and investment accounts.

Appears in 1 contract

Samples: Loan and Security Agreement (Essential Group Inc)

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Banking Relationship. Borrower shall at all times during the term of this Agreement maintain a banking relationship its primary operating deposit accounts with Silicon. Without limiting the generality of the foregoing, Silicon shall be permitted to seek to have Borrower shall, at maintain up to all times, maintain not less than sixty percent (60%) of its total unrestricted cash and investments maintained with institutions in the United States and Canada held domestically on deposit with Silicon; provided, however, other than its primary operating deposit accounts, Borrower is not obligated to agree to do so. As to any Deposit Accounts and investment accounts maintained with another institution (other than the lockbox account of Borrower held at SunTrust Bank or any accounts which are required to secure letters of credit issued by such institution), Borrower shall cause such institution, within thirty (30) 30 days after the date of this Agreement, to enter into a control agreement in form acceptable to Silicon in its good faith business judgment in order to perfect Silicon’s 's first-priority security interest in said Deposit Accounts and investment accounts.

Appears in 1 contract

Samples: Adept Technology Inc

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