Common use of Conflict with Other Agreements; Amendments Clause in Contracts

Conflict with Other Agreements; Amendments. As of the date hereof, there are no other agreements entered into between the Bank and the 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 Pledgor will not enter into any other agreement with respect to any Designated Account unless the Collateral Agent shall have received prior written notice thereof. The Bank and the Pledgor have not and will not enter into any other agreement with respect to control of the Designated Accounts or purporting to limit or condition the obligation of the Bank to comply with any orders or instructions with respect to any Designated Account as set forth in Section 2 hereof without the prior written consent of the 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. The Pledgor covenants that it will not enter into any other agreement with respect to any Depository Account and has not and will not enter into any other agreement with respect to control over any Depository Account or purporting to limit or condition the obligation of the Bank to comply with the last sentence of Section 1 hereof with respect to any Depository Account, in each case, without the prior written consent of the Collateral Agent acting in its sole discretion. In the event of any conflict with respect to control over any Depository 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. The Bank will promptly notify the Collateral Agent if the Pledgor revises or revokes any instructions regarding a Depository Account or the funds therein including, without limitation, a change or revocation of sweep instructions set forth in Section 1 and the statements and other correspondence set forth in Section 8(ii). 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.

Conflict with Other Agreements; Amendments. As of the date hereof, there are no other agreements entered into between the Bank Securities Intermediary and the Pledgor with respect to any Designated Account or any funds security entitlements or other financial assets credited thereto (other than standard and customary documentation with respect to the establishment and maintenance of such Designated Accounts). The Bank Securities Intermediary and the Pledgor will not enter into any other agreement with respect to any Designated Account unless the Collateral Agent shall have received prior written notice thereof, provided that until the Securities Intermediary receives a Notice of Sole Control, the Pledgor may designate an investment manager or other representative to provide Entitlement Orders on behalf of the Pledgor. The Bank Securities Intermediary and the Pledgor have not and will not enter into any other agreement with respect to (i) creation or perfection of any security interest in or (ii) control of security entitlements maintained in any of the Designated Accounts or purporting to limit or condition the obligation of the Bank Securities Intermediary to comply with any entitlement orders or instructions with respect to any Account Property held in or credited to any Designated Account as set forth in Section 2 3 hereof without the prior written consent of the Collateral Agent acting in its sole discretionAgent, such consent not be unreasonably withheld. 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. The Pledgor covenants that it will not enter into any other agreement with respect to any Depository Account and has not and will not enter into any other agreement with respect to control over any Depository Account or purporting to limit or condition the obligation of the Bank to comply with the last sentence of Section 1 hereof with respect to any Depository Account, in each case, without the prior written consent of the Collateral Agent acting in its sole discretion. In the event of any conflict with respect to control over any Depository 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. The Bank will promptly notify the Collateral Agent if the Pledgor revises or revokes any instructions regarding a Depository Account or the funds therein including, without limitation, a change or revocation of sweep instructions set forth in Section 1 and the statements and other correspondence set forth in Section 8(ii). No amendment or modification of this Control Agreement or waiver of any right rights hereunder shall be binding on any party hereto unless it is in writing and is signed by all the parties hereto.