Example ContractsClausesOperating, Depository and Investment Accounts
Operating, Depository and Investment Accounts
Operating, Depository and Investment Accounts contract clause examples

Operating, Depository and Investment Accounts. None of Borrower’s nor any Subsidiary’s property is maintained or invested with a Person other than Bank.

Operating, Depository and Investment Accounts. No later than ninety (90) days after the Closing Date and at all times thereafter, Borrower shall maintain all its depository, operating, and investment accounts with Bank. Subject to the postclosing period set forth in Section 3.3 hereof, during such ninety (90) day period, for each account that Borrower maintains outside of Bank, Borrower shall cause the applicable bank or financial institution at or with which any such account is maintained to execute and deliver an account control agreement or other appropriate instrument in form and substance satisfactory to Bank.

Operating, Depository and Investment Accounts. Except as set forth in the Schedule, none of Borrower’s nor any Subsidiary’s property is maintained or invested with a Person other than as permitted by [Section 6.8].

Operating, Depository and Investment Accounts. No later than forty-five (45) days after the Closing Date and at all times thereafter, Borrower shall maintain all its depository, operating, and investment accounts with Bank. During such forty-five (45) day period, for each account that Borrower maintains outside of Bank, Borrower shall cause the applicable bank or financial institution at or with which any such account is maintained to execute and deliver an account control agreement or other appropriate instrument in form and substance satisfactory to Bank.

Operating, Depository and Investment Accounts ([Section 5.16])

Operating Accounts. Maintain its primary depository account and cash management account with [[HSBC:Organization]].

Operating Accounts. Maintain its and its Subsidiaries’ primary depository and operating accounts and securities accounts with SVB or with SVB’s Affiliates; provided that a portion of the operating accounts and securities accounts of the Borrowers and their respective Subsidiaries’ may be maintained with one or more of the Lenders or their Affiliates and the accounts listed on [Schedule 6.10] may be maintained with NBSC, subject in each case to a Control Agreement.

Operating Accounts. In the case of any Credit Party, contemporaneously with the establishment of any new Collateral Account at or with any bank or other depository or financial institution located in the United States, subject such account to a Control Agreement that is reasonably acceptable to the Collateral Agent. For each Collateral Account that each Credit Party at any time maintains, such Credit Party shall cause the applicable bank or other depository or financial institution located in the United States at or with which any Collateral Account is maintained to execute and deliver a Control Agreement or other appropriate instrument with respect to such Collateral Account to perfect the Collateral Agent’s Lien in favor and for the benefit of Lenders and the other Secured Parties in such Collateral Account in accordance with the terms hereunder, which Control Agreement may not be terminated without the prior written consent of the Collateral Agent. The provisions of the previous two (2) sentences shall not apply to ​ (all such accounts in sub-clauses # through (10) above, collectively, the “Excluded Accounts”). Notwithstanding the foregoing, the Credit Parties shall have until the date that is ​ (or such longer period as the Collateral Agent may agree in its sole discretion) following # the Tranche A Closing Date to comply with the provisions of this Section 5.5 with regards to Collateral Accounts of the Credit Parties in existence on the Tranche A Closing Date (or opened during such ​ period (or such longer period as the Collateral Agent may agree in its sole discretion)) and # the closing date of any Acquisition or other Investment to comply with the provisions of this Section 5.5 with regards to Collateral Accounts of the Credit Parties acquired in connection with such Acquisition or other Investment.

Operating Accounts. In the case of any Credit Party, not establish any new Collateral Account (other than an Excluded Account) at or with any bank or financial institution unless contemporaneously with such establishment, such account is subject to a Control Agreement that is reasonably acceptable to Lender. For each Collateral Account that each Credit Party at any time maintains, such Credit Party shall cause the applicable bank or financial institution at or with which any Collateral Account is maintained to execute and deliver a Control Agreement or other appropriate instrument with respect to such Collateral Account to perfect Lender’s Lien in such Collateral Account in accordance with the terms hereunder, which Control Agreement may not be terminated without the prior written consent of Lender. The provisions of the previous two (2) sentences shall not apply to # any payroll, fiduciary, trust and tax withholding accounts used exclusively for such purposes and so long as no other funds are comingled in any such payroll, fiduciary, trust and tax withholding accounts and such accounts are identified to Lender by such Credit Party as such, # any zero balance account or # the deposit account(s) exclusively used as security for Borrower’s obligations to any financial institution with respect to its business credit card program and other cash management services, provided, that the aggregate balance in all such accounts does not exceed Ten Million Dollars ($10,000,000.00) at any one time (collectively, the “Excluded Accounts”); 6.7 Protection of Intellectual Property Rights.

Operating Accounts. Maintain, or cause to be maintained, the Borrower’s and its Subsidiaries’ primary domestic depository and operating accounts and securities accounts with any Lender or an Affiliate of any Lender.

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