Example ContractsClausesCash Management
Cash Management
Cash Management contract clause examples

. Borrowers spend or use any funds disbursed to Borrowers from the Deposit Account, the Excess Cash Subaccount or any other Account in violation of the terms and conditions of this Agreement or the other Loan Documents.

Cash Management Systems. Company and its Subsidiaries shall establish and maintain cash management systems reasonably acceptable to Collateral Agent, including Controlled Accounts and, if requested by Collateral Agent at any time in its sole discretion, blocked account and sweep arrangements.

Indebtedness of any Company or its Subsidiaries in respect of Permitted Intercompany Advances;

Cash Management Systems. The Parent has established and will maintain cash management systems substantially in conformance with the cash management systems in place as of the effective date of this Agreement as such systems may be modified in the reasonable judgment of the Parent.

Cash Management. From the Effective Date until the Transition Date, Tenants shall provide Landlord weekly on Monday of each week the following documents: # a list of all payables other than payroll and employee benefits that Tenants wish to pay that week (the “Payables Request”); # an accounts payable aging report; # and accounts receivable aging report; and # updated cash balances for all bank accounts of Tenants. On or before 5 p.m. on Wednesday of each week Landlord shall approve or disapprove by line item any payment set forth on the Payables Request, and Tenants shall be permitted to make any payments approved by Landlord. Notwithstanding anything to the contrary set forth herein, Tenants shall at all times be permitted to fund and pay ordinary course payroll expenses and employee benefits.

in connection with the purchase by the Borrower or any Restricted Subsidiary of any business, any post-closing payment adjustments to which the seller may become entitled to the extent such payment is determined by a final closing balance sheet or such payment depends on the performance of such business after the closing; provided, however, that, at the time of closing, the amount of any such payment is not determinable and, to the extent such payment thereafter becomes fixed and determined, the amount is paid in a timely manner;

Company and its Subsidiaries shall establish and maintain cash management systems reasonably acceptable to Collateral Agent, including Controlled Accounts, including if requested by Collateral Agent after the occurrence of an Event of Default, blocked account and sweep arrangements.

Cash Management. Notwithstanding anything to the contrary in the Loan Documents, including but not limited to that certain Side Letter dated as of August 15, 2012, by and among Lender, Borrower and Guarantor, in the event the Property does not maintain a DCR (as defined below) of at least 1.0 as of August 31, 2020, Borrower and Lender shall enter into a Clearing Account Agreement and a Cash Management Agreement, each in form and substance acceptable to Lender, no later than September 30, 2020, pursuant to which Borrower shall cause all Rents to be remitted directly to an account (the “Clearing Account”) established with a bank acceptable to Lender in its sole discretion (the “Deposit Bank”), provided that, as of the date of this Agreement, U.S. Bank National Association is an acceptable Deposit Bank; and the failure to satisfy such requirements by September 30, 2020 shall be an Event of Default under the Loan Documents, provided that, in the event that such requirements cannot be satisfied with reasonable due diligence by September 30, 2020, such failure shall not constitute an Event of Termination under this Agreement so long as Borrower diligently works to remedy the same for such additional period of time, if any, as reasonably determined by Lender. The Deposit Bank shall also be a party to the Clearing Account Agreement and, subject to the terms of this Section, Lender shall have sole dominion and control over, and a perfected security interest in, the Clearing Account. At Lender’s option and direction, all funds in the Clearing Account shall be transferred to an account designated by Lender (the “Cash Management Account”), at an institution designated by Lender (the “Cash Management Depository”), or at Lender’s option and direction, Lender may designate the Deposit Bank as the Cash Management Depository and may also designate the Clearing Account as the Cash Management Account. Lender shall apply the funds in the Cash Management Account, on the applicable due date thereof, as follows:

Cash Management Structure. The cash management structure of the Note Parties shall be reasonably satisfactory to Purchasers and, to the extent requested by Purchasers, shall include springing control account arrangements reasonably satisfactory to Collateral Agent in its reasonable discretion.

. The Loan Parties shall maintain their principal deposit accounts at [[Agent:Organization]], National Association (other than with respect to depository accounts required by the Loan Parties to be maintained in locations where [[Agent:Organization]] does not have a branch within a reasonable distance) and other than as provided in Section 5.20.

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