Collateral Account Agreement. This Collateral Account Agreement governs the terms of the deposit account that you authorized us to open in your name (the “Collateral Account”). By opening the Collateral Account, you agree that this Collateral Account Agreement, including the security interest provisions, forms a binding contract and makes up the entire agreement between you and the Bank regarding the handling of your Collateral Account. This Collateral Account Agreement applies to each deposit account at the Bank, as well as all substitutions and replacements thereof, that has been assigned or pledged by you as collateral for the Credit Account that will be issued to you by the Bank. You should retain a copy of this Collateral Account Agreement and any information that the Bank provides you regarding changes to this Collateral Account Agreement for as long as your Collateral Account is open. You should ask the Bank any questions you have about this Collateral Account Agreement. This Collateral Account Agreement may be changed by the Bank from time to time. Notice of a change may be provided by any means the Bank considers appropriate or as otherwise required by law, including by emailing you notice of changes to this Collateral Account Agreement. If any part of this Collateral Account Agreement is held invalid in a legal proceeding, it will not affect the validity of any other part. The Bank may assign the Collateral Account at any time and without providing prior notices to you of the assignment.
Collateral Account Agreement. Each Lender hereby further authorizes Agent, on behalf of and for the benefit of Lenders, to enter into the Collateral Account Agreement as secured party, and each Lender agrees to be bound by the terms of the Collateral Account Agreement; provided that Agent shall not enter into or consent to any amendment, -------- modification, termination or waiver of any provision contained in the Collateral Account Agreement without the prior consent of Requisite Lenders. Anything contained in any of the Loan Documents to the contrary notwithstanding, Company, Agent and each Lender hereby agree that no Lender shall have any right individually to realize upon any of the collateral under the Collateral Account Agreement, it being understood and agreed that all powers, rights and remedies under the Collateral Account Agreement may be exercised solely by Agent for the benefit of Lenders in accordance with the terms thereof.
Collateral Account Agreement. The Amended and Restated Collateral Account Agreement between AmeriVest Xxxxxxxxx Inc., Agent and KeyBank as depository with respect to the Reserve Account, and joined in by AmeriVest Chateau Inc.
Collateral Account Agreement. The Collateral Account Agreement between AmeriVest Chateau Inc. and FNB with respect to the Chateau Plaza Reserve Account to be executed and delivered on or before the date that Chateau Plaza becomes a Mortgaged Property.
Collateral Account Agreement. Pledgor, Financial Institution and Intercreditor Agent have entered into that certain Disbursement Collateral Account Agreement dated as of September 30, 2004 (and as further amended, supplemented, amended and restated or otherwise modified from time to time, the “Collateral Account Agreement”).
Collateral Account Agreement. The Administrative Agent shall have received a fully executed copy of the Collateral Account Agreement in form and substance satisfactory thereto.
Collateral Account Agreement. The General Administrative Agent shall have received the Collateral Account Agreement, executed and delivered by the U.S. Borrower and the securities intermediary referred to therein and the General Administrative Agent shall have received reasonably satisfactory evidence that $316,500,000 of the proceeds of the Term Loans will be deposited in the Collateral Account.
Collateral Account Agreement. Paragraph A of the Preliminary Statements of the Collateral Account Agreement is hereby amended by deleting such paragraph in its entirety and substituting therefor the following:
Collateral Account Agreement. As a condition to the release of the liens of the Mortgage and the other Security Documents described in Section 9.5 hereinbelow, the Collateral Account Agreement attached as Exhibit F shall be executed.
Collateral Account Agreement. Each Lender hereby further authorizes Agent, on behalf of and for the benefit of Lenders, to enter into the Collateral Account Agreement as secured party, and each Lender agrees to be bound by the terms of the Collateral Account Agreement; provided that Agent shall not enter into or consent to any amendment, modification, termination or waiver of (i) the definition of "Eligible Investments" in this Agreement or in the Third-Party Account Agreement without the written concurrence of all Lenders or (ii) any provision contained in the Collateral Account Agreement without the prior consent of Majority Lenders. Anything contained in any of the Loan Documents to the contrary notwithstanding, Company, Agent and each Lender hereby agree that no Lender shall have any right individually to realize upon any of the collateral under the Collateral Account Agreement, it being understood and agreed that all powers, rights and remedies under the Collateral Account Agreement may be exercise solely by Agent for the benefit of Lenders in accordance with the terms thereof."
