The Accounts Clause Samples

The Accounts. The Grantor and Account Holder represent and warrant to, and agrees with, the Secured Party that: (a) The Account Holder maintains each Account for the Grantor, and all property (including, without limitation, all funds and financial assets) held by the Account Holder for the account of the Grantor are, and will continue to be, credited to an Account in accordance with instructions given by the Grantor (unless otherwise provided herein). (b) To the extent that funds are credited to any Account, such Account is a deposit account; and to the extent that financial assets are credited to any Account, such Account is a securities account. The Account Holder is (i) the bank with which each Account that is a deposit account is maintained and (ii) the securities intermediary with respect to financial assets held in any Account that is a securities account. The Grantor is (x) the Account Holder's customer with respect to the Accounts and (y) the entitlement holder with respect to financial assets credited from time to time to any Account. (c) Notwithstanding any other agreement to the contrary, the Account Holder's jurisdiction with respect to each Account for purposes of the N.Y. Uniform Commercial Code is, and will continue to be for so long as the Security Interest shall be in effect, the State of New York. (d) Attached as Exhibit A hereto are statements of the respective Accounts as of the date hereof showing the property credited to each Account. (e) The Grantor and Account Holder do not know of any claim to or interest in any Account or any property (including, without limitation, funds and financial assets) credited to any Account, except for claims and interests of the parties referred to in this Agreement.

The Accounts a. Service Provider will open one or more Accounts per Fund. Accounts will be established as Matrix Level ___________________. b. MBSC shall designate each such Account with account numbers. Account numbers will be the means of identification when the parties are transacting business in the Account.

The Accounts. The Borrower shall not create or participate in the creation of, or permit to exist, any Liens (other than Permitted Liens) and will not enter into any “control agreement” (as defined in the relevant UCC) with respect to either Account other than as set forth in, or permitted pursuant to, this Agreement and the Account Control Agreement.

The Accounts. The Servicer has neither pledged nor assigned, nor entered into a control agreement with respect to, either Account or amounts on deposit therein with or to any other Person except the Administrative Agent and/or the Secured Parties. Each Account is a “deposit account” or “securities account”, in each case under and as defined in the relevant UCC.

The Accounts. In connection with the Trading Services, the Coinbase Entities may provide access to two types of accounts: (1) the “Trading Account” (as described below in Sections 2.2 and 2.3), and (2) the Vault Account described in the Custody Agreement. The Coinbase PB Site provides Client a record of the Accounts. Client determines the allocation of Client Digital Assets between the Accounts. Maintenance of the Vault Account shall be subject to the terms of the Custody Agreement. The Trading Account is separate from any Digital Assets Client maintains directly with Coinbase Custody.

The Accounts. Instructions from Trust Property Cash Manager and Issuer Cash Manager to the Second Transaction Account Bank (a) Subject to Clause 3.6 (No Negative Balance), paragraph (a) of Clause 8.2 (Second Issuer Account Bank Indemnities), paragraph (a) of Clause 8.3 (Second Mortgages Trustee Account Bank Indemnities) and Clause 8.4 (Consequences of an Enforcement Notice), the Second‌ Mortgages Trustee Account Bank shall comply with any direction of the Trust Property Cash Manager and the Second Issuer Account Bank shall comply with any direction of the Issuer Cash Manager to effect a payment by, in the case of the Second Issuer Account Bank, debiting the Second Issuer Transaction Account and, in the case of the Second Mortgages Trustee Account Bank, debiting the Second Mortgages Trustee Transaction Account, provided that, such direction from the Trust Property Cash Manager or the Issuer Cash Manager, as the case may be, complies with the relevant Account Mandate and, provided further that, such direction is legal and passes the reasonable checks carried out as part of the proper operation of the Second Transaction Account Bank’s payment processing system. (b) Subject to paragraph (a) of Clause 8.2 (Second Issuer Account Bank Indemnities) and paragraph (a) of Clause 8.3 (Second Mortgages Trustee Account Bank Indemnities), the Second Transaction Account Bank shall be entitled to rely on any direction if such direction (i) is in writing or is given by the internet banking service or electronic banking service (including SWIFT) provided by the Second Transaction Account Bank and (ii) otherwise complies with as appropriate, the Issuer Transaction Account Mandate or the Mortgages Trustee Transaction Account Mandate or in the case of an Electronic Instruction, the relevant procedures of the Second Transaction Account Bank applicable from time to time (such direction shall constitute an irrevocable instruction). (c) For the avoidance of doubt, the Trust Property Cash Manager and the Issuer Cash Manager shall give all directions through Electronic Instruction, or in any other manner as agreed between the Cash Managers and the Second Transaction Account Bank from time to time. (d) If the Second Mortgages Trustee Account Bank refuses to comply with any direction it shall notify the Mortgages Trustee in writing and give the reasons for refusing to take such action or make such payment, unless there is a requirement not to give such notification by law or order of any court or pur...

The Accounts. (a) make proper and adequate provision or reserve for all bad and doubtful debts, obsolete or slow-moving stocks and for depreciation on fixed assets; (b) do not overstate the value of current or fixed assets; and (c) do not understate any liabilities (whether actual or contingent).

The Accounts. (a) Each Account will be opened upon completion of the application forms then applicable to the desired Fund. In connection with each Account, Service Organization represents and warrants that it is authorized to act on behalf of each Plan effecting transactions in the Account in connection with the Services pursuant to an agreement with the Plan Representative, and it is satisfied that the person or persons who signed Service Organization's contracts with the Plan were themselves properly authorized by the Plan and the entity which they represent. (b) The Funds shall designate each Account with an account number. Account numbers will be the means of identification when the parties are transacting in the Accounts. The assets in the Accounts are assets of the Plans and are segregated from Service Organization's own assets. Distributors agrees to cause the Accounts to be kept open on each Fund's books regardless of a lack of activity or small position size except to the extent Service Organization takes specific action to close an Account or to the extent the Fund's prospectus reserves the right to close accounts which are inactive or of a small position size. In the latter two cases, Distributors will give prior notice to Service Organization before closing an Account. (c) Service Organization agrees to provide Distributors, by the 1st day of each month, with (i) a report which indicates the number of Participants that hold, through a Plan, interests in each Account as of the last day of the prior month and (ii) such other information as Distributors may reasonably request concerning such Participants as may be necessary or advisable to enable Distributors to comply with applicable laws, including state "Blue Sky" laws relating to the sales of Fund shares to the Accounts.

The Accounts. (i) comply with the requirements of all applicable legislation; (ii) were prepared on the same basis and in accordance with the same accounting policies as the audited accounts of the Company were prepared in the preceding three years and six months and in accordance with accounting practices generally accepted in the place of preparation of such accounts at the time they were audited and commonly adopted by companies carrying on businesses similar to that carried on by the Company; (iii) (including the management financial information therein) are complete and accurate in all material respects and in particular make full provision for all bad and doubtful debts and established liabilities and make proper provision for (or contain a note in accordance with good accounting practice respecting) all deferred or contingent liabilities (whether liquidated or unliquidated) at the date thereof; (iv) give a true and fair view of the state of affairs and financial position of the Company at the Accounts Date and of the results of the Company for the financial period covered by the Accounts and the management financial information therein fairly represent the state of affairs and financial position of the Company for the period covered by the Accounts; (v) (including the management financial information therein) are not affected by any unusual or non-recurring items which are not disclosed in the Accounts.