Conflict with Other Agreements; Amendments. As of the date hereof, there are no other agreements entered into between the Bank and the Company with respect to any Designated Account or any funds credited thereto (other than standard and customary documentation with respect to the establishment and maintenance of such Designated Accounts). The Bank and the Company will not enter into any other agreement with respect to any Designated Account, other than standard and customary documentation with respect to the establishment and maintenance of such Designated Accounts, unless the Administrative Agent shall have received prior written notice thereof. The Bank and the Company will not enter into any other agreement with respect to control of the Designated Accounts without the prior written consent of the Administrative Agent acting in its sole discretion. In the event of any conflict with respect to “control” over any Designated Account between this Control Agreement (or any portion hereof) and any other agreement now existing or hereafter entered into, the terms of this Control Agreement shall prevail. No amendment or modification of this Control Agreement or waiver of any right hereunder shall be binding on any party hereto unless it is in writing and is signed by all the parties hereto.
Appears in 6 contracts
Samples: Control Agreement (Lenox Group Inc), Security Agreement (Lenox Group Inc), Control Agreement (Bearingpoint Inc)
Conflict with Other Agreements; Amendments. As of the date hereof, there are no other agreements entered into between the Bank and the Company Pledgor with respect to any Designated Account or any funds credited thereto (other than standard and customary documentation with respect to the establishment and maintenance of such Designated Accounts). The Bank and the Company Pledgor will not enter into any other agreement with respect to any Designated Account, other than standard and customary documentation with respect to the establishment and maintenance of such Designated Accounts, Account unless the Administrative Agent shall have received prior written notice thereof. The Bank and the Company Pledgor will not enter into any other agreement with respect to control of the Designated Accounts without the prior written consent of the Administrative Agent acting in its sole discretion. In the event of any conflict with respect to “control” over any Designated Account between this Control Agreement (or any portion hereof) and any other agreement now existing or hereafter entered into, the terms of this Control Agreement shall prevail. No amendment or modification of this Control Agreement or waiver of any right hereunder shall be binding on any party hereto unless it is in writing and is signed by all the parties hereto.
Appears in 3 contracts
Samples: Control Agreement (Bombardier Recreational Products Inc.), Control Agreement (BRP (Luxembourg) 4 S.a.r.l.), Control Agreement (BRP (Luxembourg) 4 S.a.r.l.)
Conflict with Other Agreements; Amendments. As of the date hereof, there are no other agreements entered into between the Bank Financial Institution and the Company Pledgor with respect to any Designated Account or any funds financial assets credited thereto (other than standard and customary documentation with respect to the establishment and maintenance of such Designated Accounts). The Bank Financial Institution and the Company Pledgor will not enter into any other agreement with respect to any Designated Account, other than standard and customary documentation with respect to the establishment and maintenance of such Designated Accounts, Account unless the Administrative Collateral Agent shall have received prior written notice thereof. The Bank Financial Institution and the Company Pledgor will not enter into any other agreement with respect to control “control” of the Designated Accounts without the prior written consent of the Administrative Collateral Agent acting in its sole discretion. In the event of any conflict with respect to “control” over any Designated Account between this Control Agreement (or any portion hereof) and any other agreement now existing or hereafter entered into, the terms of this Control Agreement shall prevail. No amendment or modification of this Control Agreement or waiver of any right hereunder shall be binding on any party hereto unless it is in writing and is signed by all the parties hereto.
Appears in 2 contracts
Samples: Security Agreement (Biglari Holdings Inc.), Security Agreement (BioScrip, Inc.)
Conflict with Other Agreements; Amendments. As of the date hereof, there are no other agreements entered into between the Bank and the Company any Pledgor with respect to any Designated Account or any funds credited thereto (other than standard and customary documentation with respect to the establishment and maintenance of such Designated Accounts). The Bank and the Company each Pledgor will not enter into any other agreement with respect to any Designated Account, other than standard and customary documentation with respect to the establishment and maintenance of such Designated Accounts, Account unless the Administrative Agent Trustee shall have received prior written notice thereof. The Bank and the Company each Pledgor will not enter into any other agreement with respect to control of the Designated Accounts without the prior written consent of the Administrative Agent Trustee acting in its sole discretion. In the event of any conflict with respect to “control” over any Designated Account between this Control Agreement (or any portion hereof) and any other agreement now existing or hereafter entered into, the terms of this Control Agreement shall prevail. No amendment or modification of this Control Agreement or waiver of any right hereunder shall be binding on any party hereto unless it is in writing and is signed by all the parties hereto.
Appears in 2 contracts
Samples: Control Agreement (Jacobs Entertainment Inc), Control Agreement (Jacobs Entertainment Inc)
Conflict with Other Agreements; Amendments. As of the date hereof, there are no other agreements entered into between the Bank Financial Institution and the Company Pledgor with respect to any Designated Account or any funds credited thereto (other than standard and customary documentation with respect to the establishment and maintenance of such Designated Accounts). The Bank Financial Institution and the Company Pledgor will not enter into any other agreement with respect to any Designated Account, other than standard and customary documentation with respect to the establishment and maintenance of such Designated Accounts, Account unless the Administrative Collateral Agent shall have received prior written notice thereof. The Bank Financial Institution and the Company Pledgor will not enter into any other agreement with respect to control “control” of the Designated Accounts without the prior written consent of the Administrative Collateral Agent acting in its sole discretion. In the event of any conflict with respect to “control” over any Designated Account between this Control Agreement (or any portion hereof) and any other agreement now existing or hereafter entered into, the terms of this Control Agreement shall prevail. No amendment or modification of this Control Agreement or waiver of any right hereunder shall be binding on any party hereto unless it is in writing and is signed by all the parties hereto.
Appears in 2 contracts
Samples: Security Agreement (Biglari Holdings Inc.), Security Agreement (BioScrip, Inc.)
Conflict with Other Agreements; Amendments. As of the date hereof, there are no other agreements entered into between the Bank Financial Institution and the Company Pledgor with respect to any Designated Account or any funds credited thereto (other than standard and customary documentation with respect to the establishment and maintenance of such Designated Accounts). The Bank Financial Institution and the Company Pledgor will not enter into any other agreement with respect to any Designated Account, other than standard and customary documentation with respect to the establishment and maintenance of such Designated Accounts, Account unless the Administrative Agent Controlling Party shall have received prior written notice thereof. The Bank Financial Institution and the Company Pledgor will not enter into any other agreement with respect to control “control” of the Designated Accounts without the prior written consent of the Administrative Agent Agents, each acting in its sole discretion. In the event of any conflict with respect to “control” over any Designated Account between this Control Agreement (or any portion hereof) and any other agreement now existing or hereafter entered into, the terms of this Control Agreement shall prevail. No amendment or modification of this Control Agreement or waiver of any right hereunder shall be binding on any party hereto unless it is in writing and is signed by all the parties hereto.
Appears in 1 contract
Conflict with Other Agreements; Amendments. As of the date hereof, there are no other agreements entered into between the Bank Financial Institution and the Company Pledgor with respect to any Designated Account or any funds financial assets credited thereto (other than standard and customary documentation with respect to the establishment and maintenance of such Designated Accounts). The Bank Financial Institution and the Company Pledgor will not enter into any other agreement with respect to any Designated Account, other than standard and customary documentation with respect to the establishment and maintenance of such Designated Accounts, Account unless the Administrative Agent Controlling Party shall have received prior written notice thereof. The Bank Financial Institution and the Company Pledgor will not enter into any other agreement with respect to control “control” of the Designated Accounts without the prior written consent of the Administrative Agent Agents, each acting in its sole discretion. In the event of any conflict with respect to “control” over any Designated Account between this Control Agreement (or any portion hereof) and any other agreement now existing or hereafter entered into, the terms of this Control Agreement shall prevail. No amendment or modification of this Control Agreement or waiver of any right hereunder shall be binding on any party hereto unless it is in writing and is signed by all the parties hereto.
Appears in 1 contract
Conflict with Other Agreements; Amendments. As of the date hereof, there are no other agreements entered into between the Bank and the Company Grantor with respect to any Designated Account or any funds credited thereto (other than standard and customary documentation with respect to the establishment and maintenance of such Designated Accounts). The Bank and the Company Grantor will not enter into any other agreement with respect to any Designated Account, other than standard and customary documentation with respect to the establishment and maintenance of such Designated Accounts, Account unless the Administrative Agent shall have received prior written notice thereof. The Bank and the Company Grantor will not enter into any other agreement with respect to control of the Designated Accounts without the prior written consent of the Administrative Agent acting in its sole discretion. In the event of any conflict with respect to “"control” " over any Designated Account between this Control Agreement (or any portion hereof) and any other agreement now existing or hereafter entered into, the terms of this Control Agreement shall prevail. No amendment or modification of this Control Agreement or waiver of any right hereunder shall be binding on any party hereto unless it is in writing and is signed by all the parties hereto.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Business Sound Inc)
Conflict with Other Agreements; Amendments. As of the date hereof, there are no other agreements entered into between the Bank and the Company Pledgor with respect to any Designated Account or any funds credited thereto (other than standard and customary documentation with respect to the establishment and maintenance of such Designated Accounts). The Bank and the Company Pledgor will not enter into any other agreement with respect to any Designated Account, other than standard and customary documentation with respect to the establishment and maintenance of such Designated Accounts, Account unless the Administrative Agent shall have received prior written notice thereof. The Bank and the Company Pledgor will not enter into any other agreement with respect to control of the Designated Accounts without the prior written consent of the Administrative Agent acting in its sole discretion. In the event of any conflict with respect to “"control” " over any Designated Account between this Control Agreement (or any portion hereof) and any other agreement now existing or hereafter entered into, the terms of this Control Agreement shall prevail. No amendment or modification of this Control Agreement or waiver of any right hereunder shall be binding on any party hereto unless it is in writing and is signed by all the parties hereto.
Appears in 1 contract
Samples: Canadian Security Agreement (Bombardier Recreational Products Inc.)