Account Opening 5.1 The Bank reserves the right to verify with the Mobile Network Operator the authenticity and status of your Mobile Money account. 5.2 The Bank reserves the right to verify with MSEA the authenticity and status of your Group registration. 5.3 You may access the Product by USSD by dialing *254#. 5.4 The Customer hereby consents to have the personal data shared by the Mobile Network operator and MSEA with the Bank for purposes of onboarding the customer to the product. This will enable the Bank to identify you and comply with the regulatory “Know Your Customer” requirements (together the “Personal Information”). 5.5 You also hereby agree and authorize the Bank to request Mobile Network Operator for information relating to your use of the Mobile Money Service, Mobile Money System and Mobile Network Operator Services as the Bank shall require for purposes of providing you the Services (“Customer information”) and in particular to determine your credit limit. You hereby consent to the disclosure of the Personal Information and the Customer information by Mobile Network Operator and MSEA to the Bank and to the aforesaid use of the Personal Information and the Customer information by the Bank. 5.6 You hereby agree and authorize the Bank to obtain and procure your Personal Information contained in the IPRS from the Government of Kenya and you further agree and consent to the disclosure and provision of such Personal Information by the Government of Kenya to the Bank. 5.7 You hereby agree and authorize the Bank to share your personal information with MSEA for the purpose of formal registration of the Group you belong in during onboarding on Hustler Fund Group Micro Enterprise Savings and Loan Product. 5.8 The Bank reserves the right to request for further information from you pertaining to your application for Hustler Fund Group Micro Enterprise Savings and Loan Product funds at any time. Failure to provide such information within the time required by the Bank may result in the Bank declining to accept your application for the Loan. 5.9 Confirmation of your application acceptance for a Hustler Fund Group Micro Enterprise Savings and Loan Product shall be done via SMS sent to the Mobile Network Operator Mobile Phone Number associated with your Hustler Fund Group. 5.10 Group member or Group official can opt in or belong to only one Hustler Fund Group at a time.
Operating Accounts (a) Maintain all of Borrower’s Collateral Accounts in accounts which are subject to a Control Agreement in favor of Collateral Agent, which Control Agreement must be in such form and substances as is reasonably acceptable to Collateral Agent (it being agreed and understood that the Control Agreements that Collateral Agent is entering into with respect to Borrower’s Collateral Accounts maintained with Bank of America on the Effective Date are not in such form and substance as is not reasonably satisfactory to Collateral Agent). (b) Borrower shall provide Collateral Agent five (5) days’ prior written notice before Borrower or any of its Subsidiaries establishes any Collateral Account. In addition, for each Collateral Account that Borrower at any time maintains, Borrower shall cause the applicable bank or financial institution at or with which such Collateral Account is maintained to execute and deliver a Control Agreement or other appropriate instrument with respect to such Collateral Account to perfect Collateral Agent’s Lien in such Collateral Account in accordance with the terms hereunder prior to the establishment of such Collateral Account, which Control Agreement must be in such form and substance as is reasonably satisfactory to Collateral Agent and may not be terminated without prior written consent of Collateral Agent. The provisions of the previous sentence and subsection (a) above shall not apply to (i) deposit accounts exclusively used for payroll, payroll taxes and other employee wage and benefit payments to or for the benefit of Borrower’s employees and identified to Collateral Agent by Borrower as such in the Perfection Certificates and (ii) BofA Credit Card Account so long as such account is maintained exclusively for the purpose of securitizing Borrower’s Indebtedness described in clause (g) of the definition of Permitted Indebtedness and the balance in such account does not exceed Three Hundred One Thousand Dollars ($301,000.00). (c) Neither Borrower nor any of its Subsidiaries shall maintain any Collateral Accounts except Collateral Accounts maintained in accordance with Sections 6.6(a) and (b); provided, however, Borrower may continue to maintain its Collateral Accounts, set forth on the Perfection Certificates on the Effective Date, with Bank of America; provided, further, that Borrower shall close all of its Collateral Accounts maintained with Bank of America on the Effective Date (other than the BofA Credit Card Account) and deliver to Collateral Agent evidence (in such form and substance as is reasonably acceptable to Collateral Agent) of closure of all of such Collateral Accounts within thirty (30) days after the Effective Date.