New Deposit Accounts Sample Clauses

New Deposit Accounts. The Borrower will not, and will not permit any Guarantor to, open or otherwise establish, or deposit or otherwise transfer Dedicated Cash Receipts into, any Deposit Account other than Deposit Accounts listed in which the Collateral Agent has been granted a Lien in each such Deposit Account and each such Deposit Account is subject to a Deposit Account Control Agreement in favor of the Collateral Agent.
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New Deposit Accounts. The Borrower will not, and will not permit any of its Subsidiaries to, open or otherwise establish, or deposit or otherwise transfer Dedicated Cash Receipts into, any Deposit Account other than Deposit Accounts listed on Schedule 7.27.
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New Deposit Accounts. No Loan Party shall open any Deposit Account or lock-boxes or direct that payment be made to any other account (other than to another DACA Deposit Account or a Dominion Account) unless such Person shall have given Agent at least ten (10) days’ prior written notice of its intention to open any such new accounts and shall have delivered to Agent a fully-executed copy of a Deposit Account Control Agreement relating to such account satisfying the requirements set forth in Section 8.5.5 (Deposit Account Control Agreements) upon the opening of such Deposit Account. Loan Parties shall amend Schedule 8.5 (Deposit Accounts) to reflect same within five (5) days of opening any such account. Nothing in this Section 8.5.4 shall be deemed to be a waiver of the requirements set forth in Section 8.5.1(b) (Lockboxes and Deposit Accounts).
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New Deposit Accounts. Account BANK ADDRESS OF BANK TYPE OF ACCOUNT NUMBER ---- --------------- --------------- ------ EXHIBIT F-1 SEE EXISTING CREDIT AGREEMENT EXHIBIT F-2 SEE EXISTING CREDIT AGREEMENT EXHIBIT G-1 SEE EXISTING CREDIT AGREEMENT EXHIBIT G-2 SEE EXISTING CREDIT AGREEMENT EXHIBIT G-3 SEE EXISTING CREDIT AGREEMENT EXHIBIT H-1 SEE EXISTING CREDIT AGREEMENT EXHIBIT H-2 SEE EXISTING CREDIT AGREEMENT EXHIBIT I SEE EXISTING CREDIT AGREEMENT EXHIBIT J LENDER ASSIGNMENT AGREEMENT (NOTICE) To: KEEBLER CORPORATION 000 Xxxxx Xxxxxx Xxxxxxxx, Xxxxxxxx 00000 Attention: E. Xxxxxx XxXxxxx To: THE BANK OF NOVA SCOTIA, as the Administrative Agent Xxx Xxxxxxx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: ____________________ KEEBLER CORPORATION ------------------- Gentlemen and Ladies: We refer to clause (d) of Section 10.11.1 of the Second Amended and Restated Credit Agreement, dated as of April 8, 1997 (as so amended and restated, and together with any further amendments, supplements, amendment and restatements and other modifications from time to time thereafter made thereto, the "CREDIT AGREEMENT"), among Keebler Corporation (formerly known as Keebler Holding Corp.), a Delaware corporation (the "BORROWER"), the various financial institutions as are, or may from time to time become, parties thereto (the "LENDERS"), the Co-Agents named therein and The Bank of Nova Scotia, as Administrative Agent. Unless otherwise defined herein or the context otherwise requires, terms used herein have the meanings provided in the Credit Agreement. This agreement is delivered to you pursuant to clause (d) of Section 10.11.1 of the Credit Agreement and also constitutes notice to each of you, pursuant to clause (c) of Section 10.11.1 of the Credit Agreement, of the assignment and delegation to _______________ (the "ASSIGNEE") of $____________ of the [insert type of Loans being assigned] and (constituting ___% of the Commitments) of _____________ (the "ASSIGNOR") outstanding under the Credit Agreement on the date hereof. After giving effect to the foregoing assignment and delegation, the Assignor's and the Assignee's Percentages for the purposes of the Credit Agreement are set forth opposite such Person's name on the signature pages hereof. [Add paragraph dealing with accrued interest and fees with respect to the Loans assigned.] The Assignee hereby acknowledges and confirms that it has received a copy of the Credit Agreement and the exhibits related thereto, together with copies of the documents which we...
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New Deposit Accounts. The Borrower shall not, and shall not permit any Restricted Subsidiary to, open or otherwise establish, or deposit or otherwise transfer Dedicated Cash Receipts into, any Deposit Account other than (x) Excluded Accounts and (y) Deposit Accounts in which the Collateral Agent has been granted a Lien pursuant to the Interim Order or Final DIP Order, as applicable.
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New Deposit Accounts. Establish any Deposit Accounts of any kind with any financial institution (other than the Deposit Accounts set forth on Disclosure Schedule E attached hereto).
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New Deposit Accounts. Unless a Security Interest exists with respect to each such deposit account no later than three (3) Business Days following its opening, each Obligor (other than the Borrower in respect of its Subsidiaries (other than any Target)) shall not, and the Borrower shall not permit any Target (if not yet an Obligor) to, open or maintain any deposit account, securities account or commodity account with any Person except for the accounts specified in Item 5.20 of the Disclosure Schedule.
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New Deposit Accounts. In the event that the Company enters into a Permitted Receivables Securitization Program that uses any Deposit Account other than the Proceeds Remittance Account for a purpose similar to any purpose for which the Proceeds Remittance Account is used under the Existing Receivables Securitization Program, then the Company shall take such action as may be necessary to create and 105 CREDIT AGREEMENT perfect (and maintain the enforceability and perfection of) a First Priority Lien in favor of the Collateral Agent in respect of the Company's interest in such Deposit Account, and to provide for the daily forwarding of the Cash Balance in such Deposit Account in accordance with subsection 6.9C immediately following the activation of the Cash Management System in accordance with subsection 6.9B with respect to such Deposit Account. In the event that Holdings or any of its Domestic Subsidiaries enters into a Permitted Receivables Securitization Program that uses any Deposit Account other than the Concentration Account and each Collection Account for a purpose similar to the purpose for which one of the aforementioned Deposit Accounts is used under the Existing Receivables Securitization Program, then Holdings shall, or shall cause such Domestic Subsidiary to, take such action as may be necessary to create and perfect (and maintain the enforceability and perfection of) a Lien (to the extent, if any, that a second priority Lien or springing Lien in respect of Deposit Accounts can be perfected under the UCC) in favor of the Collateral Agent, subject to the rights of the purchaser agent and purchasers and the Receivables SPV under the intercreditor agreement relating to such Permitted Receivables Securitization Program, in respect of the Company's interest in such Deposit Account, and to provide for the daily forwarding of the Cash Balance in such Deposit Account in accordance with subsection 6.9C immediately following the activation of the Cash Management System in accordance with subsection 6.9B with respect to such Deposit Account, and to provide for the payment or delivery of any amounts that constitute Collections of Transferred Receivables to the Person entitled to receive such amounts in accordance with the Intercreditor Agreement (or any intercreditor agreement entered into in connection with a Permitted Receivables Securitization Program). The Company may amend Schedule 5.19 to add or replace a Blocked Account (to the extent permitted under the applicable Permi...
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New Deposit Accounts. Before any Grantor opens or replaces any Receivables Account or any other deposit account, such Grantor shall (i) obtain the Administrative Agent’s consent in writing to the opening of such deposit account or Receivables Account and (ii) cause each bank or financial institution in which it seeks to open (A) a deposit account to enter into a Deposit Account Control Agreement with the Administrative Agent in order to give the Administrative Agent control of such deposit account or (B) a Receivables Account to enter into a Deposit Account Control Agreement with the Administrative Agent in order to give the Administrative Agent control of the Receivables Account. In the case of deposit accounts or Receivables Account maintained with Lenders, the terms of such letter shall be subject to the provisions of the Credit Agreement regarding set-offs.
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Related to New Deposit Accounts

  • Deposit Accounts; Securities Accounts The only Deposit Accounts or Securities Accounts maintained by any Grantor on the date hereof are those listed on Schedule 6 (Bank Accounts; Control Accounts), which sets forth such information separately for each Grantor.

  • Deposit Accounts Neither Borrower nor any Subsidiary shall maintain any Deposit Accounts, or accounts holding Investment Property, except with respect to which Lender has an Account Control Agreement.

  • Deposit Accounts, Securities Accounts and Commodity Accounts Attached hereto as Schedule 14 is a true and complete list of all Deposit Accounts, Securities Accounts and Commodity Accounts (each as defined in the Security Agreement) maintained by each Pledgor, including the name of each institution where each such account is held, the name of each such account and the name of each entity that holds each account.

  • Deposit Account (a) On or prior to the Closing Date, the Issuer shall cause the Servicer to establish and maintain, in the name of the Indenture Trustee, for the benefit of the Noteholders and the Certificateholders, the Deposit Account as provided in Section 5.01 of the Sale and Servicing Agreement.

  • Deposit Accounts and Securities Accounts Set forth on Schedule 4.15 (as updated pursuant to the provisions of the Security Agreement from time to time) is a listing of all of the Loan Parties’ and their Subsidiaries’ Deposit Accounts and Securities Accounts, including, with respect to each bank or securities intermediary (a) the name and address of such Person, and (b) the account numbers of the Deposit Accounts or Securities Accounts maintained with such Person.

  • Security Deposit Account If applicable law or a Lender requires a segregated account of Tenant security deposits, Property Manager will open a separate account at a reputable bank or other financial institution. Property Manager may return such deposits to any Tenant in the ordinary course of business in accordance with the terms of the applicable Lease.

  • Control Accounts; Approved Deposit Accounts Each Loan Party shall (i) deposit in an Approved Deposit Account all Cash it receives, (ii) not establish or maintain any Securities Account or Commodities Account that is not a Control Account and (iii) not establish or maintain any Deposit Account other than an Approved Deposit Account, provided however that notwithstanding the foregoing, each Loan Party may (w) maintain zero-balance accounts for the purpose of managing local disbursements and collections and may maintain payroll, withholding tax and other fiduciary accounts, (x) maintain accounts into which amounts are paid by a governmental entity pursuant to one or more Health Care Laws so long as the amounts on deposit therein are transferred each Business Day to an Approved Deposit Account or any other account permitted to be so utilized under this Section 5.14, (y) maintain other accounts as long as the aggregate monthly average daily balance over the immediately preceding 12-month period for all such Loan Parties in all such other accounts does not exceed $3,000,000 at any time and (z) make pledges or cash deposits permitted by Section 6.02.

  • Deposit Accounts; Etc (i) Schedule 5 hereto accurately sets forth, as of the date of this Agreement, for each Grantor, each deposit account maintained by such Grantor (including a description thereof and the respective account number) and the name of the respective bank with which such deposit account is maintained. Subject to Section 4(c) hereof and the terms of the Intercreditor Agreement, for each deposit account that is Collateral (other than the Cash Collateral Account or any other deposit account maintained with the Collateral Agent), the respective Grantor shall use commercially reasonable efforts to cause the bank with which the deposit account is maintained to execute and deliver to the Collateral Agent, (x) in the case of an account located at a bank which is a lender under the Senior Credit Facility, within 30 days after the date of this Agreement (or, if later, the date of the establishment of the respective deposit account), or (y) in the case of an account located at a bank which is a not lender under the Senior Credit Facility, within 45 days after the date of this Agreement (or, if later, the date of the establishment of the respective deposit account), a “control agreement” in form and substance consistent with the deposit account control agreements entered into by the Company pursuant to the Senior Credit Facility, or otherwise acceptable to the Collateral Agent. Subject to Section 10(n)(iii) hereof, if any bank with which a deposit account is maintained refuses to, or does not, enter into such a “control agreement”, then the respective Grantor shall promptly (and in any event within 30 days after the date of this Agreement or, if later, 30 days after the establishment of such account) close the respective deposit account and transfer all balances therein to the Cash Collateral Account or another deposit account meeting the requirements of this Section 4(q). If any bank with which a deposit account is maintained refuses to subordinate all its claims with respect to such deposit account to the Collateral Agent’s security interest therein on terms satisfactory to the Collateral Agent, then the Collateral Agent, at its option, may (x) require that such deposit account be terminated in accordance with the immediately preceding sentence or (y) agree to a “control agreement” without such subordination, provided that in such event the Collateral Agent may at any time, at its option, subsequently require that such deposit account be terminated (within 30 days after notice from the Collateral Agent) in accordance with the requirements of the immediately preceding sentence.

  • Deposit Accounts; Credit Card Processors Open new DDAs (other than Excluded DDAs and Retail DDAs) unless the Loan Parties shall have delivered to the Agent appropriate Blocked Account Agreements consistent with the provisions of Section 6.12 and otherwise satisfactory to the Agent. No Loan Party shall maintain any bank accounts or enter into any agreements with Credit Card Issuers or Credit Card Processors other than the ones expressly contemplated herein or in Section 6.12 hereof.

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