Simultaneously with the occurrence of Completion of the Project, shall enter into a Lockbox Agreement with a Lockbox Bank selected by and acceptable to . Thereafter, shall maintain the Lockbox Account for the term of the Loan, which Lockbox Account shall be under the sole dominion and control of (subject to the terms hereof and of the Lockbox Agreement). Pursuant to the terms of the Lockbox Agreement, the Lockbox Bank shall, at the direction of (which may not be given until the first commencement of a Trigger Period hereunder), establish the Lockbox Account, which Lockbox Account shall be under the sole dominion and control of (subject to the terms hereof and of the Lockbox Agreement); once established, shall maintain the Lockbox Account for the term of the Loan. The Lockbox Account shall have a title evidencing the foregoing in a manner acceptable to . hereby grants to a first-priority security interest in the Lockbox Account and all deposits at any time contained therein and the proceeds thereof and will take all actions necessary to maintain in favor of a perfected first priority security interest in the Lockbox Account. hereby authorizes to file Financing Statements and continuations thereof to perfect ’s security interest in the Lockbox Account and all deposits at any time contained therein and the proceeds thereof. All costs and expenses for establishing and maintaining the Lockbox Account (or any successor thereto) shall be paid by . All monies now or hereafter deposited into the Lockbox Account shall be deemed additional security for the Debt. shall not alter or modify either the Lockbox Account or the Lockbox Agreement, in each case without the prior written consent of . The Lockbox Agreement shall provide (and shall provide) online access to bank and other financial statements relating to the
Lockbox Account (including, without limitation, a listing of the receipts being collected therein). In connection with any change of the for the Loan, shall have the right to cause the Lockbox Account to be entitled with such other designation as may select to reflect an assignment or transfer of ’s rights and/or interests with respect to the Lockbox Account or the appointment of a new , as applicable. shall provide with prompt written notice of any such renaming of the Lockbox Account. shall not further pledge, assign or grant any security interest in the Lockbox Account or the monies deposited therein or permit any lien or encumbrance to attach thereto, or any levy to be made thereon, or any UCC Financing Statements, except those naming as the secured party, to be filed with respect thereto. The Lockbox Account # shall be an Eligible Account and # shall not be commingled with other monies held by or Lockbox Bank.
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