Control of Collateral. MLBFS may otherwise take control in any lawful manner of any cash or non-cash items of payment or proceeds of Collateral and of any rejected, returned, stopped in transit or repossessed goods included in the Collateral and endorse Customer's name on any item of payment on or proceeds of the Collateral.
Control of Collateral. MLBFS may otherwise take control in any lawful manner of any cash or non-cash items of payment or proceeds of Collateral and of any rejected, returned, stopped in transit or repossessed goods included in the Collateral and endorse Grantor name on any item of payment on or proceeds of the Collateral, and, in connection therewith, MLBFS may notify the postal authorities to change the address for delivery of mail addressed to Grantor to such address as MLBFS may designate.
Control of Collateral. If from time to time any Collateral, including any proceeds or supporting obligations, consists of property or rights of Borrower in which the perfection or priority of Lender’s security interest is dependent upon Lender’s gaining control of such Collateral, Borrower shall immediately notify Lender, and, at Lender’s request, deliver appropriate Control Agreements or take such actions as may be necessary to give Lender control over such Collateral as provided in the UCC.
Control of Collateral. At the request of Lender, Borrower shall cooperate with Lender in obtaining possession of any Collateral, in those instances in which Lender chooses to perfect its Security Interest in such Collateral by possession in addition to the filing of a financing statement. At the request of Lender, Borrower shall cooperate with Lender in obtaining control with respect to Collateral consisting of Deposit Accounts, Financial Assets, including without limitation, Investment Property, Letter of Credit Rights, and Electronic Chattel Paper.
Control of Collateral. MLC may otherwise take control in any lawful manner of any cash or non-cash items of payment or proceeds of Collateral and endorse Customer’s name on any item of payment on or proceeds of the Collateral.
Control of Collateral. (a) For the purpose of giving the Lender control over the Securities Accounts and in order to perfect the Lender’s security interests in the Collateral, the Grantor hereby consents to (x) the Securities Intermediary entering into a control agreement with the Lender (the “Control Agreement”) pursuant to which the Securities Intermediary agrees to accept and comply with entitlement orders and instructions from the Lender (or from any assignee or successor of the Lender) regarding the Securities Accounts without further consent of the Grantor, (y) the Securities Intermediary retitling any Securities Account in the name of the Lender for the benefit of the Grantor to further perfect and evidence the Lender’s security interest in such Securities Account granted pursuant to this Agreement and (z) the Securities Intermediary delivering to the Lender account statements, trade confirmations and any other information relating to the Securities Accounts. Without limiting the foregoing, the Grantor acknowledges, consents and agrees that, pursuant to a control agreement (the “Control Agreement”) entered into by and between the Lender and the Securities Intermediary:
(i) the Securities Intermediary will comply with entitlement orders originated by the Lender regarding the Securities Accounts without further consent from the Grantor. The Securities Intermediary will treat all assets credited to the Securities Accounts, including money and credit balances, as financial assets for purposes of Article 8 of the N.Y. Uniform Commercial Code.
(ii) in order to enable the Grantor to trade certain Pledged Financial Assets in accordance with Section 2(b) above, the Securities Intermediary may comply with entitlement orders originated by the Grantor (or if so agreed by the Lender in its sole and absolute discretion, by an investment adviser designated by the Grantor and acceptable to the Lender) regarding any Securities Account given, if applicable, in the manner set forth in Section 4(b)(iv) below, but only until such time that the Lender notifies the Securities Intermediary that the Lender is asserting exclusive control over such Securities Account (a “Notice of Exclusive Control”). After the Securities Intermediary has received a Notice of Exclusive Control and has had a reasonable opportunity to comply, it will no longer comply with entitlement orders or instructions (including voting instructions) originated by the Grantor (or by any investment advisor designated by the Granto...
Control of Collateral. In accordance with the provisions of this paragraph 7:
7.3.1 the Bank shall have sole control of the Collateral;
7.3.2 any mandate or agreement between the Customer and the Bank, which but for this the provisions of this paragraph 7 and/or a security interest agreement would govern the control of the Collateral, shall be suspended;
7.3.3 notwithstanding the foregoing, the Bank at any time in its discretion shall be entitled (but not bound) to accept any request given in conformity with any suspended mandate from the Customer with regard to the Collateral (including withdrawal of monies and payment of interest) and, so that in acting upon any such request, the Bank shall be deemed not to have relinquished control of the Collateral or otherwise waived its rights under this paragraph 7 or a security interest agreement;
7.3.4 no liability whatsoever shall attach to the Bank in acting or refusing or neglecting to act on any request of the Customer relating to the Collateral;
7.3.5 if the Collateral shall be held on time deposit at expiry, the Collateral shall be re-deposited upon such terms as may be agreed with the Bank or, failing agreement upon such terms, as the Bank shall determine in its discretion; and
7.3.6 in the event of any inconsistencies, the provisions of this paragraph 7 shall override the terms of any other part of the Mandate or any further agreement between the Customer and the Bank and the terms on which any part of the Collateral may have been deposited or on which title thereto may have been transferred to the Bank.
Control of Collateral. Secured Party shall be deemed to have control of any Collateral in transit to it or set apart for it (or, in either case, any of its agents, affiliates or correspondents).
Control of Collateral. No Person other than Secured Party and, with respect to the Second Lien Security Interest, Second Lien Creditor, has control over any Collateral.
Control of Collateral. Pledgor shall promptly deliver to Pledgee any and all Certificated Securities comprising all or any portion of the Collateral for Pledgee to hold pursuant to the terms hereof, and if such Certificated Securities are in Registered Form, (i) such Certificated Securities shall be endorsed in blank by an effective undated Endorsement, in form and substance satisfactory to Pledgee in its sole and absolute discretion, or (ii) Pledgor shall cause the Company or the Company's transfer agent to transfer such Securities into the name of Pledgee and issue a replacement Security Certificate evidencing the same in the name of Pledgee. In the event that all or any portion of the Collateral consists of Uncertificated Securities, Pledgor shall cause the Company to enter into a control agreement with respect to such Uncertificated Securities, in form and substance satisfactory to Pledgee in its sole and absolute discretion.
