Collateral has the meaning assigned such term in Section 3.01.
Credit Agreement Obligations means all amounts owing to any Secured Party pursuant to the terms of the Credit Agreement or any other Loan Document, including all amounts in respect of any principal, interest, penalties, fees, indemnifications, reimbursements, damage and other liabilities payable thereunder, and guarantees of the foregoing amounts (including, without limitation, interest accruing at the then applicable rate provided in the Loan Documents after the maturity of the Loans and amounts accruing after the filing of any petition in bankruptcy, or the commencement of any insolvency, reorganization or like proceeding, relating to any Obligor (or that would accrue but for the commencement of such proceeding), whether or not a claim for such post-filing or post-petition amounts is allowed in such proceeding).
Deposit Account means a demand, time, savings, passbook or similar account maintained with a bank or other financial institution. As of the Effective Date, the Deposit Accounts of the Obligors that are not Excluded Accounts are set forth on Schedule 4 hereto (the Effective Date Deposit Accounts).
Effective Date Deposit Accounts has the meaning assigned such term in the definition of Deposit Account.
Event of Default means the collective reference to (i) with respect to the Credit Agreement, an Event of Default under, and as defined therein, and (ii) with respect to any Pari Passu Lien Debt, an event of default or similar term defined in the applicable Pari Passu Lien Document.
Excluded Accounts means (i) those Deposit Accounts that are used exclusively for payroll, payroll taxes, workers compensation and employee benefits, or withholding, sales, use, value added or similar taxes, (ii) Deposit Accounts held in trust for a third party; provided that such accounts consist solely of funds set aside for such purpose, (iii) escrow accounts that have an overnight balance of which in the aggregate, together with the overnight balance of all such other escrow accounts excluded pursuant to this clause (iii), do not exceed $5,000,000, (iv) Deposit Accounts and Securities Accounts that exclusively hold the proceeds generated from Property that does not constitute Collateral (including cash receipts of any revenues generated from such Property), (v) those Deposit Accounts, Securities Accounts and Commodity Accounts that have an overnight balance of which in the aggregate, together with the overnight balance of all such other Deposit Accounts, Securities Accounts and Commodity Accounts excluded pursuant to this clause (v), do not exceed $5,000,000 and (vi) foreign Deposit Accounts, foreign Securities Accounts and foreign Commodity Accounts of the Obligors that have an overnight balance of which in the aggregate, together with the overnight balance of all such other foreign Deposit Accounts, foreign Securities Accounts and foreign Commodity Accounts excluded pursuant to this clause (vi), do not exceed $5,000,000. Notwithstanding the foregoing, in no event shall (w) any Effective Date Deposit Account, (x) the Collateral Proceeds Account, (y) any deposit account holding escrowed amounts in respect of the Specified Vessels or (z) any deposit account, securities account, commodity account or escrow account not constituting an Excluded Account under First Lien Loan Documents, in each case, constitute an Excluded Account .