DOMINION AND CONTROL OF THE COLLATERAL AGENT.
THE LOAN
PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT (I) THE LOAN PARTIES HAVE NO RIGHT OF
WITHDRAWAL FROM THE CONCENTRATION ACCOUNT, (II) THE FUNDS ON DEPOSIT IN THE
CONCENTRATION ACCOUNT SHALL AT ALL TIMES BE COLLATERAL SECURITY FOR ALL OF THE
OBLIGATIONS AND (III) THE FUNDS ON DEPOSIT IN THE CONCENTRATION ACCOUNT SHALL BE
APPLIED AS PROVIDED IN THIS AGREEMENT.
IN THE EVENT THAT, NOTWITHSTANDING THE
PROVISIONS OF THIS SECTION 6.13, ANY LOAN PARTY RECEIVES OR OTHERWISE HAS
DOMINION AND CONTROL OF ANY SUCH PROCEEDS OR COLLECTIONS, SUCH PROCEEDS AND
COLLECTIONS SHALL BE HELD IN TRUST BY SUCH LOAN PARTY FOR THE ADMINISTRATIVE
AGENT, SHALL NOT BE COMMINGLED WITH ANY OF SUCH LOAN PARTY'S OTHER FUNDS OR
DEPOSITED IN ANY ACCOUNT OF SUCH LOAN PARTY AND SHALL, NOT LATER THAN THE
BUSINESS DAY AFTER RECEIPT THEREOF, BE DEPOSITED INTO THE CONCENTRATION ACCOUNT
OR DEALT WITH IN SUCH OTHER FASHION AS SUCH LOAN PARTY MAY BE INSTRUCTED BY THE
ADMINISTRATIVE AGENT.
(E)
UPON THE REQUEST OF THE ADMINISTRATIVE
AGENT, THE LOAN PARTIES SHALL CAUSE BANK STATEMENTS AND/OR OTHER REPORTS TO BE
DELIVERED TO THE ADMINISTRATIVE AGENT NOT LESS OFTEN THAN MONTHLY, ACCURATELY
SETTING FORTH ALL AMOUNTS DEPOSITED IN EACH BLOCKED ACCOUNT TO ENSURE THE PROPER
TRANSFER OF FUNDS AS SET FORTH ABOVE.
6.14
Information Regarding the
Collateral.
(A)
FURNISH TO THE ADMINISTRATIVE AGENT AT
LEAST THIRTY (30) DAYS PRIOR WRITTEN NOTICE OF ANY CHANGE IN: (I) ANY LOAN
PARTY'S NAME OR IN ANY TRADE NAME USED TO IDENTIFY IT IN THE CONDUCT OF ITS
BUSINESS OR IN THE OWNERSHIP OF ITS PROPERTIES; (II) THE LOCATION OF ANY LOAN
PARTY'S CHIEF EXECUTIVE OFFICE, ITS PRINCIPAL PLACE OF BUSINESS, ANY OFFICE IN
WHICH IT MAINTAINS BOOKS OR RECORDS RELATING TO COLLATERAL OWNED BY IT OR ANY
OFFICE OR FACILITY AT WHICH COLLATERAL OWNED BY IT IS LOCATED (INCLUDING THE
ESTABLISHMENT OF ANY SUCH NEW OFFICE OR FACILITY); (III) ANY LOAN PARTY'S
ORGANIZATIONAL STRUCTURE OR JURISDICTION OF INCORPORATION OR FORMATION; OR
(IV) ANY LOAN PARTY'S FEDERAL TAXPAYER IDENTIFICATION NUMBER OR ORGANIZATIONAL
IDENTIFICATION NUMBER ASSIGNED TO IT BY ITS STATE OF ORGANIZATION.
(B)
SHOULD ANY OF THE INFORMATION ON ANY OF THE
SCHEDULES HERETO BECOME INACCURATE OR MISLEADING IN ANY MATERIAL RESPECT AS A
RESULT OF CHANGES AFTER THE CLOSING DATE, UNLESS SUCH CHANGES ARE INCLUDED IN 34
ACT REPORTS DELIVERED TO THE ADMINISTRATIVE AGENT, THE LEAD BORROWER SHALL
ADVISE THE ADMINISTRATIVE AGENT IN WRITING OF SUCH REVISIONS OR UPDATES AS MAY
BE NECESSARY OR APPROPRIATE TO UPDATE OR CORRECT THE SAME.
FROM TIME TO TIME AS
MAY BE REASONABLY REQUESTED BY THE ADMINISTRATIVE AGENT, THE LEAD BORROWER SHALL
SUPPLEMENT EACH SCHEDULE HERETO, OR ANY REPRESENTATION HEREIN OR IN ANY OTHER
LOAN DOCUMENT, WITH RESPECT TO ANY MATTER ARISING AFTER THE CLOSING DATE THAT,
IF EXISTING OR OCCURRING ON THE CLOSING DATE, WOULD HAVE BEEN REQUIRED TO BE SET
FORTH OR DESCRIBED IN SUCH SCHEDULE OR AS AN EXCEPTION TO SUCH REPRESENTATION OR
THAT IS NECESSARY TO CORRECT