Common use of Permitted Accounts Clause in Contracts

Permitted Accounts. Maintain any deposit, checking, operating, investment or other bank accounts other than (a) certain opened and maintained with Bank of Hawaii, First Hawaiian Bank by Black Construction Corporation, a Guam corporation, and/or by Black Micro Corporation, a Northern Marianas corporation, for their respective operations in Guam (the “FBH Accounts,”) (b) certain accounts opened or to opened by the Designated Foreign Subsidiaries in connection with the Indebtedness permitted by Section 8.03(l) (the “Designated Foreign Subsidiary Accounts”, and collectively with each of accounts referenced in the preceding clause (b) , the “Non-Lender Accounts”), (c) other than the Non-Lender Accounts, the deposit, checking, operating, investment and other bank accounts listed on Schedule 6.22, (d) payroll and ▇▇▇▇▇ cash accounts opened in the ordinary course of business with imprest balances not to exceed $100,000 for each such account, and (e) all other deposit, checking, operating, investment and other bank accounts established after the Amendment Effective Date with any Lender, or, with the prior written consent of the Required Lenders, any other depositary institution or securities intermediary (the “Permitted Accounts”) provided that, (x) Borrower shall use its best efforts to deliver to Administrative Agent, a Control Agreement for each of the Non-Lender Accounts (other than the FBH Accounts and the Designated Foreign Subsidiary Accounts) on or before the thirtieth (30th) day after the date of this Agreement (unless prior to such day, such Non-Lender Account has been closed), and (y) in the event of any Default hereunder, Borrower will deliver to the Administrative Agent a Control Agreement, in form and substance satisfactory to the Administrative Agent, duly executed by the owner of any account described in (c) and (e) above (either Borrower or Borrower’s Subsidiary, as the case may be) and such depositary institution (including any Lender) or securities intermediary, as the case may be.

Permitted Accounts. Maintain any deposit, checking, operating, investment or other bank accounts other than (a) until the ninetieth (90th) day after the date of this Agreement, the accounts maintained with East West Bank, Manufacturers Bank, Bank of Nevada and Bank of Hawaii listed on Schedule 6.22, (b) certain additional accounts to be opened and maintained with Bank of Hawaii, First Hawaiian Bank by Black Construction Corporation, a Guam corporation, and/or by Black Micro Corporation, a Northern Marianas corporation, for their respective operations in Guam (the “FBH Accounts,”) (bc) certain accounts opened or to opened by the Designated Foreign Subsidiaries in connection with the Indebtedness permitted by Section 8.03(l8.03(o) (the “Designated Foreign Subsidiary Accounts”, and collectively with each of accounts referenced in the preceding clause (a) and (b) , the “Non-Lender Accounts”), (cd) other than the Non-Lender Accounts, the deposit, checking, operating, investment and other bank accounts listed on Schedule 6.22, (de) payroll and ▇▇▇▇▇ cash accounts opened in the ordinary course of business with imprest balances not to exceed $100,000 20,000 for each such account, and (ef) all other deposit, checking, operating, investment and other bank accounts established after the Amendment Effective Date with any Lender, or, with the prior written consent of the Required Lenders, any other depositary institution or securities intermediary (the “Permitted Accounts”) provided that, (x) Borrower shall use its best efforts to deliver to Administrative Agent, a Control Agreement for each of the Non-Lender Accounts (other than the FBH Accounts and the Designated Foreign Subsidiary Accounts) on or before the thirtieth (30th) day after the date of this Agreement (unless prior to such day, such Non-Lender Account has been closed), and (y) in the event of any Default hereunder, Borrower will deliver to the Administrative Agent a Control Agreement, in form and substance satisfactory to the Administrative Agent, duly executed by the owner of any account described in (cd) and (ef) above (either Borrower or Borrower’s Subsidiary, as the case may be) and such depositary institution (including any Lender) or securities intermediary, as the case may be.