Depositary Accounts. The Debt Service Reserve Account shall have been funded (including, at the Borrower’s option, by the posting of Debt Service Letters of Credit (as such term is defined in the Depositary Agreement)) to an amount equal to or greater than the Debt Service Reserve Requirement. The Construction Account shall have been funded to an amount equal to or greater than the Final Completion Amount.
Depositary Accounts. Schedule 5.23 sets forth a true and complete list of all bank accounts maintained by the Borrower and its Restricted Subsidiaries as of the date hereof.
Depositary Accounts. Grantors, in accordance with and to the extent required under the Revolving Facility Credit Agreement, may maintain blocked account agreements relating to certain depositary accounts (the “Depositary Accounts”) with various depositary banks (the “Depositary Banks”) in which collections from Inventory and Accounts are deposited. To the extent that the Revolving Facility Agent has, at any time, control of any such Depositary Account or the cash and other assets contained therein, the Revolving Facility Agent will act as gratuitous bailee for the Term Loan Agent for the purpose of perfecting the Liens of the Term Loan Secured Parties in all such Depositary Accounts and the cash and other assets therein as provided in Section 3.01 (but will have no duty, responsibility or obligation to the Term Loan Secured Parties except as set forth in the last sentence of this Section). Subject to the terms of the Term Loan Security Document, after the occurrence of the Revolving Facility First Lien Collateral Transition Date, to the extent that the Revolving Facility Agent has, at such time, control of any Depositary Account or the cash and other assets contained therein, the Revolving Facility Agent shall, at the request of the Term Loan Agent, cooperate with the Company and the Term Loan Agent (at the expense of the Company) in permitting such control to be transferred to the Term Loan Agent (or for other arrangements with respect to each such Depositary Account satisfactory to the Term Loan Agent to be made), in each case to the extent such control is required by the terms of the Term Loan Security Documents.
Depositary Accounts. Holdings and its subsidiaries, in accordance with the Revolving Facility Credit Agreement, shall maintain blocked account arrangements relating to depositary accounts (the “Depositary Accounts”) with certain depositary banks (the “Depositary Banks”) in which all collections from any Inventory and related Accounts are deposited. The Revolving Facility Agent will act as sub-agent for the Term Loan Agent for the purpose of perfecting the Liens of the Term Loan Secured Parties in all such Depositary Accounts and the cash and other assets therein as provided in Section 3.01 (but will have no duty, responsibility or obligation to the Term Loan Secured Parties except as set forth in the last sentence of this Section). After the occurrence of the Revolving Facility First Lien Collateral Transition Date, the Revolving Facility Agent shall (a) at the request of the Term Loan Agent, transfer all cash and other assets in such Depositary Accounts maintained with it to the Term Loan Agent and (b) at the request of the Term Loan Agent, cooperate with the Company and the Term Loan Agent (at the expense of the Company) in permitting control of any other Depositary Accounts to be transferred to the Term Loan Agent (or for other arrangements with respect to each such Depositary Account satisfactory to the Term Loan Agent to be made).
Depositary Accounts. Schedule 4.25 hereto contains a true and complete list of all Depositary Accounts maintained as of Closing Date by any Credit Party, setting forth the name and address of each bank, savings institution, securities broker or dealer, other financial intermediary or other depositary institution at which each such Depositary Account is maintained, and stating the title and account number of each such Depositary Account.
Depositary Accounts. The Company and the Depositary Bank shall have established and opened the Depositary Accounts in accordance with the terms of the Depositary Agreement. The Debt Service Reserve Account shall be funded (or the funds flow memorandum delivered pursuant to Section 4.1(j) shall reflect that it will be funded substantially contemporaneously with the Closing) pursuant to and as required by the Depositary Agreement (including, as applicable, by the issuance of a Letter of Credit). The Buyout Reserve Account shall be funded (or the funds flow memorandum delivered pursuant to Section 4.1(j) shall reflect that it will be funded substantially contemporaneously with the Closing) pursuant to and as required by the Depositary Agreement (including, as applicable, by the issuance of a Buyout Reserve Letter of Credit). CONFIDENTIAL TREATMENT REQUESTED PURSUANT TO 17 C.F.R. SECTION 200.83
Depositary Accounts. 47 4.26. Suppliers; Distributors; Printers...........................................................48 4.27. Status under Certain Laws...................................................................48 4.28. Foreign Assets Control Regulations..........................................................48 4.29. Certain Transactions........................................................................48 4.30. Places of Business..........................................................................49 4.31.
Depositary Accounts. The Company, in accordance with the Xxxxx Fargo Credit Agreement, shall maintain blocked account arrangements relating to depositary accounts (the “Depositary Accounts”) with certain depositary banks (the “Depositary Banks”) in which all collections from any Inventory and related Accounts are deposited. Xxxxx Fargo will act as sub-agent for Mill Road for the purpose of perfecting the Liens of Mill Road in all such Depositary Accounts and the cash and other assets therein as provided in Section 3.1 (but will have no duty, responsibility or obligation to Mill Road except as set forth in the last sentence of this Section).
Depositary Accounts. For each Grantor, list all depositary and other accounts including, without limitation, Deposit Accounts, securities accounts, brokerage accounts and other similar accounts, maintained by each Grantor (other than Excluded Accounts), which description includes for each such account the name of the Grantor maintaining such account, the name and address of the financial institution at which such account is maintained and the account number of such account. Bank Currency Account No. Branch Company / Subsidiary PNC Bank, National Association USD 00-0000-0000 000 Xxxxx Xxxxxx Xxxxxxxx X0-XXXX-0-X Xxxxxxxxxx, XX 00000 Attention: TM Legal Liaison Team Workhorse Technologies Inc. PNC Bank, National Association USD 00-0000-0000 000 Xxxxx Xxxxxx Xxxxxxxx X0-XXXX-0-X Xxxxxxxxxx, XX 00000 Attention: TM Legal Liaison Team Workhorse Technologies Inc. PNC Bank, National Association USD 00-0000-0000 000 Xxxxx Xxxxxx Xxxxxxxx X0-XXXX-0-X Xxxxxxxxxx, XX 00000 Attention: TM Legal Liaison Team Workhorse Technologies Inc. Schedule VIII List of Commercial Tort Claims None. Schedule IX List of Interests in Real Property Complete Street and Mailing Address, including County and Zip Code Company/Subsidiary 000 Xxxxxxxx Xxxxx, Xxxxxxxx, Xxxx 00000 Workhorse Properties Inc. 000 X. Xxxxx Xxxx 00, Xxxxx Xxxx, Xxxxxxx 00000 Workhorse Motor Works Inc 000 Xxxxxxxxx Xxxxx, Xxxxxxxx, Xxxx 00000 Workhorse Group Inc. 0000 Xxxxxxx Xxxx, Xxxxxxxxxx, Xxxx 00000 Workhorse Technologies Inc. Schedule X List of Titled Equipment Year Make Model Vehicle ID# 2011 Chevrolet Silverado C3500 0XX0XXXX0XX000000 2010 Gator Trailer 0X0XX0000XX000000 2010 Mercedes Benz ML450 Hybrid 0XXXX0XX0XX000000 2010 Mercedes Benz ML450 0XXXX0XXXXX000000 2010 Mercedes Benz ML450 0XXXX0XX0XX000000 2012 Mercedes Benz ML350 0XXXX0XXXXX000000 2010 Mercedes Benz ML450 0XXXX0XX0XX000000 2007 Saturn Sky 0X0XX00X00X000000 2012 Mule Egen 0X0XXX000X0000000 1999 Workhorse P30 0X0XX00X0X0000000 2010 Mercedes Benz ML450 0XXXX0XXXXX000000 2014 BMW I3 XXX XXX0X0X00XX000000 2014 BMW I3 XXX XXX0X0X00XXX00000 2017 Chevrolet Silverado 1500 0XXXXXXX0XX000000 2018 Chevrolet Silverado 3500 0XX0XXXX0XX000000 2015 Workhorse W-88 Alpha 452521 2015 Workhorse W-88 Alpha 452522 2015 Workhorse W-88 Alpha 452523 2015 Workhorse W-88 Alpha 452524 2015 Workhorse W-88 Alpha 452525
Depositary Accounts. 21 4.18 SCHEDULES.....................................................21 4.19
