Confirmation and Agreement. Borrower, each Guarantor and Depositary Agent, as applicable, acknowledge, confirm and agree that, as of the Closing Date and as of each date on which any Collateral Account is established pursuant to this Depositary Agreement:
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Confirmation and Agreement. Borrower, each Guarantor Borrower and Depositary AgentDepository Bank, as applicable, acknowledge, confirm and agree that, as of the Closing Date and as of each date on which any Collateral Account is established pursuant to this Depositary Depository Agreement:
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Sources: Loan Agreement (Fuelcell Energy Inc)