Common use of Controlled Accounts Clause in Contracts

Controlled Accounts. (a) On or prior to the date hereof, the Borrower shall cause to be established and maintained, certain deposit accounts at the Collection Account Bank, in the name of the Borrower, each designated as a Collection Account, as to which the Collateral Agent has control for the benefit of the Secured Parties within the meaning of Section 9-104(a)(2) of the UCC pursuant to a Collection Account Control Agreement. Each Collection Account Control Agreement shall provide that all funds on deposit in a Collection Account will be remitted to the applicable Disbursement Account on each Business Day. (b) On or prior to the date hereof, the Borrower shall cause to be established and maintained, certain deposit accounts at the Disbursement Account Bank, in the name of the Borrower, each designated as a Disbursement Account, as to which the Collateral Agent has control for the benefit of the Secured Parties within the meaning of Section 9-104(a)(2) of the UCC pursuant to the Disbursement Account Control Agreement. (c) All income from amounts on deposit in a Collection Account shall be retained in such Collection Account, until the date on which the funds in such Collection Account are swept to the applicable Disbursement Account in accordance with the Collection Account Control Agreement. All income from amounts on deposit in a Disbursement Account shall be retained in such Disbursement Account, until the next Settlement Date, at which time such income shall be applied, at the direction of the Collateral Agent in accordance with Section 2.10. The Borrower shall treat all income from amounts on deposit in any Disbursement Account as its income for federal, state and local income tax purposes. (d) Notwithstanding anything to the foregoing, subject to the Facility Availability and to the conditions set forth in Section 2.10(c) and Section 3.3 the Borrower, in accordance with Section 5.13, shall use amounts on deposit in the respective Disbursement Accounts to purchase additional Receivables.

Appears in 3 contracts

Sources: Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.)

Controlled Accounts. (a) On or prior to the date hereof, the Borrower shall cause to be established and maintained, certain a deposit accounts account at the Collection Account Bank, in the name of the Borrower, each designated as a the Collection Account, as to which the Collateral Agent has control for the benefit of the Secured Parties within the meaning of Section 9-104(a)(2) of the UCC pursuant to a the Collection Account Control Agreement. Each The Collection Account Control Agreement shall provide that all available funds on deposit in a the Collection Account will be remitted to the applicable Disbursement Account on each Business Day. (b) On or prior to the date hereof, the Borrower shall cause to be established and maintained, certain a deposit accounts account at the Disbursement Account Bank, in the name of the Borrower, each designated as a the Disbursement Account, as to which the Collateral Agent has control for the benefit of the Secured Parties within the meaning of Section 9-104(a)(2) of the UCC pursuant to the Disbursement Account Control Agreement. (c) All income from amounts on deposit in a the Collection Account shall be retained in such the Collection Account, until the date on which the funds in such the Collection Account are swept to the applicable Disbursement Account in accordance with the Collection Account Control Agreement. All income from amounts on deposit in a the Disbursement Account shall be retained in such the Disbursement Account, until the next Settlement Date, at which time such income shall be applied, at the direction of the Collateral Agent in accordance with Section 2.10. The Borrower shall treat all income from amounts on deposit in any the Disbursement Account as its income for federal, state and local income tax purposes. (d) Notwithstanding anything to the foregoing, subject to the Facility Availability and to the conditions set forth in Section 2.10(c) and Section 3.3 3.3, the Borrower, in accordance with Section 5.13, shall may use amounts on deposit in the respective Disbursement Accounts Account to purchase additional Receivables.

Appears in 2 contracts

Sources: Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.)

Controlled Accounts. (a) On or prior to the date hereof, the Borrower shall cause to be established and maintained, certain a deposit accounts account at the Collection Account Bank, in the name of the Borrower, each designated as a the Collection Account, as to which the Collateral Agent has control for the benefit of the Secured Parties within the meaning of Section 9-104(a)(2) of the UCC pursuant to a the Collection Account Control Agreement. Each The Collection Account Control Agreement shall provide that all funds on deposit in a the Collection Account will be remitted to the applicable Disbursement Account on each Business Day. (b) On or prior to the date hereof, the Borrower shall cause to be established and maintained, certain a deposit accounts account at the Disbursement Account Bank, in the name of the Borrower, each designated as a the Disbursement Account, as to which the Collateral Agent has control for the benefit of the Secured Parties within the meaning of Section 9-104(a)(2) of the UCC pursuant to the Disbursement Account Control Agreement. (c) All income from amounts on deposit in a the Collection Account shall be retained in such the Collection Account, until the date on which the funds in such the Collection Account are swept to the applicable Disbursement Account in accordance with the Collection Account Control Agreement. All income from amounts on deposit in a the Disbursement Account shall be retained in such the Disbursement Account, until the next Settlement Date, at which time such income shall be applied, at the direction of the Collateral Agent in accordance with Section 2.10. The Borrower shall treat all income from amounts on deposit in any the Disbursement Account as its income for federal, state and local income tax purposes. (d) Notwithstanding anything to the foregoing, subject to the Facility Availability and to the conditions set forth in Section 2.10(c) and Section 3.3 the Borrower, in accordance with Section 5.13, shall use amounts on deposit in the respective Disbursement Accounts Account to purchase additional Receivables.

Appears in 2 contracts

Sources: Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.)

Controlled Accounts. (a) On or prior to the date hereof, the Borrower shall cause to be established and maintained, certain acertain deposit accounts accountaccounts at the Collection Account Bank, in the name of the Borrower, each designated as a thea Collection Account, as to which the Collateral Agent has control for the benefit of the Secured Parties within the meaning of Section 9-104(a)(2) of the UCC pursuant to a thea Collection Account Control Agreement. Each TheEach Collection Account Control Agreement shall provide that all funds on deposit in a thea Collection Account will be remitted to the applicable Disbursement Account on each Business Day. (b) On or prior to the date hereof, the Borrower shall cause to be established and maintained, certain acertain deposit accounts accountaccounts at the Disbursement Account Bank, in the name of the Borrower, each designated as a thea Disbursement Account, as to which the Collateral Agent has control for the benefit of the Secured Parties within the meaning of Section 9-104(a)(2) of the UCC pursuant to the Disbursement Account Control Agreement. (c) All income from amounts on deposit in a thea Collection Account shall be retained in such thesuch Collection Account, until the date on which the funds in such thesuch Collection Account are swept to the applicable Disbursement Account in accordance with the Collection Account Control Agreement. All income from amounts on deposit in a thea Disbursement Account shall be retained in such thesuch Disbursement Account, until the next Settlement Date, at which time such income shall be applied, at the direction of the Collateral Agent in accordance with Section 2.10. The Borrower shall treat all income from amounts on deposit in any theany Disbursement Account as its income for federal, state and local income tax purposes. (d) Notwithstanding anything to the foregoing, subject to the Facility Availability and to the conditions set forth in Section 2.10(c) and Section 3.3 the Borrower, in accordance with Section 5.13, shall use amounts on deposit in the respective Disbursement Accounts AccountAccounts to purchase additional Receivables.

Appears in 1 contract

Sources: Revolving Credit Agreement (OppFi Inc.)

Controlled Accounts. (a) On or prior to the date hereof, the Borrower shall cause to be established and maintained, certain a deposit accounts account at the each Collection Account Bank, in the name of the Borrower, each designated as a Collection Account, as to which the Collateral Agent has control for the benefit of the Secured Parties within the meaning of Section 9-104(a)(2) of the UCC pursuant to a Collection Account Control Agreement. Each Collection Account Control Agreement shall provide that all funds on deposit in a the related Collection Account will be remitted to the applicable Disbursement Account on each Business Day. (b) On or prior to the date hereof, the Borrower shall cause to be established and maintained, certain a deposit accounts account at the Disbursement Account Bank, in the name of the Borrower, each designated as a the Disbursement Account, as to which the Collateral Agent has control for the benefit of the Secured Parties within the meaning of Section 9-104(a)(2) of the UCC pursuant to the Disbursement Account Control Agreement. (c) All income from amounts on deposit in a each Collection Account shall be retained in such Collection Account, until the date on which the funds in such Collection Account are swept to the applicable Disbursement Account in accordance with the applicable Collection Account Control Agreement. All income from amounts on deposit in a the Disbursement Account shall be retained in such the Disbursement Account, until the next Settlement Date, at which time such income shall be applied, at the direction of the Collateral Agent in accordance with Section 2.10. The Borrower shall treat all income from amounts on deposit in any Disbursement Account as its income for federal, state and local income tax purposes. (d) Notwithstanding anything to the foregoing, subject to the Facility Availability and to the conditions set forth in Section 2.10(c) and Section 3.3 the Borrower, in accordance with Section 5.13, shall use amounts on deposit in the respective Disbursement Accounts to purchase additional Receivables.such

Appears in 1 contract

Sources: Revolving Credit Agreement (OppFi Inc.)