Common use of Control Covenants Clause in Contracts

Control Covenants. (a) Each Grantor shall instruct (and otherwise use its reasonable efforts to cause) (i) each depositary bank (other than the Collateral Agent) holding a Deposit Account owned by such Grantor and (ii) each Securities Intermediary holding any Investment Property owned by such Grantor, to execute and deliver a control agreement, sufficient to provide the Collateral Agent with Control of such Deposit Account or Investment Property, and otherwise in form and substance satisfactory to the Collateral Agent (any such depositary bank executing and delivering any such control agreement, a “Controlled Depositary”, and any such Securities Intermediary executing and delivering any such control agreement, a “Controlled Intermediary”). In the event any such depositary bank or Securities Intermediary refuses to execute and deliver such control agreement, the Collateral Agent, in its sole discretion, may require the applicable Deposit Account and Investment Property to be transferred to the Collateral Agent or a Controlled Depositary or Controlled Intermediary, as applicable.

Appears in 2 contracts

Samples: First Lien Collateral Agreement (Global Geophysical Services Inc), First Lien Collateral Agreement (Global Geophysical Services Inc)

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Control Covenants. (a) Each Grantor shall instruct (and otherwise use its reasonable efforts efforts) to cause) cause (i) each depositary bank (other than the Collateral Agent) holding a Deposit Account owned by such Grantor Grantor, and (ii) each Securities Intermediary holding any Investment Property owned by such Grantor, in each case to the extent constituting part of the Collateral, to execute and deliver a control agreement, sufficient to provide the Collateral Agent with Control of such Deposit Account or Investment Property, and otherwise in form and substance satisfactory to the Collateral Agent (any such depositary bank executing and delivering any such control agreement, a “Controlled Depositary”, ,” and any such Securities Intermediary executing and delivering any such control agreement, a “Controlled Intermediary”). In the event any such depositary bank or Securities Intermediary refuses to execute and deliver such control agreement, the Collateral Agent, in its sole discretion, may require the applicable Deposit Account and Investment Property to be transferred to the Collateral Agent or a Controlled Depositary or Controlled Intermediary, as applicable.

Appears in 1 contract

Samples: Security Agreement (Electro Energy Inc)

Control Covenants. (a) Each Such Grantor shall instruct (and otherwise use its commercially reasonable efforts to cause) (i) each depositary bank (other than the Collateral Agent) holding a Deposit Account (other than Excluded Deposit Accounts) owned by such Grantor and (ii) each Securities Intermediary holding any Investment Property owned by such Grantor, to execute and deliver a control agreement, sufficient to provide the Collateral Administrative Agent with Control of such Deposit Account or Investment Property, Property and otherwise in form and substance reasonably satisfactory to the Collateral Administrative Agent (any such depositary bank executing and delivering any such control agreement, a “Controlled Depositary”, and any such Securities Intermediary executing and delivering any such control agreement, a “Controlled Intermediary”). In the event any such depositary bank or Securities Intermediary refuses to execute and deliver such control agreement, the Collateral Administrative Agent, in its sole discretion, may require the applicable Deposit Account and Investment Property to be transferred to the Collateral Administrative Agent or a Controlled Depositary or Controlled Intermediary, as applicable. After the date hereof, all Deposit Accounts (other than Excluded Deposit Accounts) and all Investment Property will be maintained with the Administrative Agent or with a Controlled Depository or a Controlled Intermediary, as applicable.

Appears in 1 contract

Samples: Collateral Agreement (Diamond Foods Inc)

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Control Covenants. (a) Each At the request of the Collateral Agent, each Grantor shall instruct request (and otherwise use its commercially reasonable efforts to cause) (i) each depositary bank (other than the Collateral Agent) holding a Deposit Account (other than Excluded Deposit Accounts) owned by such Grantor and (ii) each Securities Intermediary holding any Investment Property owned by such Grantor, to execute and deliver a control agreement, sufficient to provide the Collateral Agent with Control of such Deposit Account or Investment Property, Property and otherwise in form and substance reasonably satisfactory to the Collateral Agent (any such depositary bank executing and delivering any such control agreement, a “Controlled Depositary”, and any such Securities Intermediary executing and delivering any such control agreement, a “Controlled Intermediary”). In the event any such depositary bank or Securities Intermediary refuses to execute and deliver such control agreement, the Collateral Agent, in its sole discretion, may require the applicable Deposit Account and Investment Property to be transferred to the Collateral Agent or a Controlled Depositary or Controlled Intermediary, as applicable.

Appears in 1 contract

Samples: Security Agreement (Guerrilla RF, Inc.)

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