Control Provisions Sample Clauses

Control Provisions. The parties acknowledge and agree that the Collection Account is intended to be a “securities account” (as defined in Section 8-501 of the UCC), and the Account Bank shall be the “securities intermediary” with respect to the Collection Account. Notwithstanding such intention, (x) if the Collection Account constitutes a “deposit account” (as defined in Section 9-102(a)(29) of the UCC), the provisions of this Agreement governing a “deposit account” shall apply to such Collection Account.

Control Provisions. (a) The Borrower controls, directly or indirectly, and without the requirement for consent of any other Person, the management of each Borrower Subsidiary. (b) Except as set forth on Schedule 6.10, there are no provisions in any limited partnership agreement, operating agreement, certificate of incorporation, bylaws or any other agreement or instrument to which the Borrower or any Borrower Subsidiary is party, under which any Person (other than the Borrower or a Borrower Subsidiary) has the right to exercise the management or control rights, powers or authority currently belonging to the Borrower or any Borrower Subsidiary, except as set forth in any mortgage, deed of trust or similar security agreement encumbering any Individual Property upon exercise of the rights and remedies upon default set forth in any of the foregoing.

Control Provisions. (a) The MARC Principals and its Affiliates control, directly or indirectly, and without the requirement for consent of any other Person, the management of the Borrower, the Property Owner and the Property. (b) There are no provisions in any limited partnership agreement, operating agreement, certificate of incorporation, bylaws or any other agreement or instrument to which a MARC Principal, the Borrower or the Property Owner is party, under which any Person (other than a MARC Principal, the Borrower or the Property Owner) has the right to exercise the management or control rights, powers or authority currently belonging to a MARC Principal, the Borrower or the Property Owner, except [for independent directors in connection with a Senior Loan or] as set forth in any mortgage, deed of trust or similar security agreement with respect to a Senior Loan upon exercise of the rights and remedies upon default set forth in any of the foregoing.

Control Provisions. (a) Except with respect to Michigan 30, the MARC Principals control, directly or indirectly, and without the requirement for consent of any other Person, the management of each Property and Property Owner. (b) There are no provisions in any limited partnership agreement, operating agreement, certificate of incorporation, bylaws or any other agreement or instrument to which a MARC Principal or MARC Entity is party, under which any Person (other than a MARC Principal or a MARC Entity) has the right to exercise the management or control rights, powers or authority currently belonging to a MARC Principal or a MARC Entity, except for independent directors in connection with the Existing Senior Loans or as set forth in any mortgage, deed of trust or similar security agreement encumbering any Property upon exercise of the rights and remedies upon default set forth in any of the foregoing.

Control Provisions. (i) The parties acknowledge and agree that the Collection Account is intended to be a “securities account” (as defined in Section 8-501 of the UCC), and the Account Bank shall be the “securities intermediary” with respect to the Collection Account. Notwithstanding such intention, (x) if the Collection Account constitutes a “deposit account” (as defined in Section 9-102(a)(29) of the UCC), the provisions of this Agreement governing a “deposit account” shall apply to such Collection Account. (ii) All securities or other property, including Permitted Investments, constituting financial assets credited to the Collection Account (other than cash) shall be registered in the name of the Account Bank, indorsed to the Account Bank or in blank or credited to another securities account maintained in the name of the Account Bank, and in no case will any financial asset credited to the Collection Account be registered in the name of the Borrower or any other person, payable to the order of the Borrower or any other person or specially indorsed to the Borrower or any other person except to the extent the foregoing have been specially indorsed to the Account Bank or in blank. (iii) All property delivered to the Account Bank pursuant to this Agreement that is granted to the Administrative Agent, as agent for the Secured Parties shall be promptly credited to the Collection Account in accordance with the terms of this Agreement. (iv) The Collection Account is an account to which financial assets or other property are or may be credited, and the Account Bank shall, subject to the terms of this Agreement, treat the Borrower as entitled to exercise the rights that comprise any financial asset or other property credited to such account. (v) The Account Bank hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible or cash) credited to the Collection Account to the extent that it constitutes a securities account shall be treated as a “financial asset” within the meaning of Section 8-102(a)(9) of the UCC. (vi) If at any time the Account Bank shall receive any order from the Administrative Agent as agent for the Secured Parties directing transfer or redemption of any financial asset relating to the Collection Account or any instruction originated by the Secured Party directing the disposition of funds in the Collection Account, the Account Bank shall comply with such entitlement order or instruction without fur...

Control Provisions. ANNUITANT, CONTINGENT ANNUITANT AND CERTIFICATE OWNER(S) The Annuitant may not be changed. The designations of Certificate Owner and Contingent Annuitant will remain in effect until changed by the Certificate Owner. Changes in the designation of the Certificate Owner may be made during the lifetime of the Annuitant by written notice to us. Changes in the designation of Contingent Annuitant may be made at any time prior to the Annuity Commencement Date by written notice to the Company. Notwithstanding the foregoing, if no Contingent Annuitant has been named and the Certificate Owner/Annuitant's spouse is the Beneficiary, it will be assumed that the Certificate Owner/Annuitant's spouse is the Contingent Annuitant. A Certificate Owner who is a non-natural person may not designate a Contingent Annuitant. The Certificate Owner has the sole power to exercise all the rights, options and privileges granted by this Certificate or permitted by the Company and to agree with the Company to any change in or amendment to the Certificate. The rights of the Certificate Owner shall be subject to the rights of any assignee of record with the Company and of any irrevocably designated Beneficiary. In the case of joint Certificate Owners, each Certificate Owner alone may exercise all rights, options and privileges, except with respect to the Surrender Provisions and change of ownership or beneficiary. If the Certificate Owner dies on or after the Annuity Commencement Date, then the Joint Certificate Owner, or if none, the Annuitant, becomes the Certificate Owner.

Control Provisions. (a) Except as set forth on Schedule 6.10, the Borrower controls, directly or indirectly, and without the requirement for consent of any other Person, the management of each Borrower Subsidiary. (b) Except as set forth on Schedule 6.10, there are no provisions in any limited partnership agreement, operating agreement, certificate of incorporation, bylaws or any other agreement or instrument to which the Borrower or any Borrower Subsidiary is party, under which any Person (other than the Borrower or a Borrower Subsidiary) has the right to exercise the management or control rights, powers or authority currently belonging to the Borrower or any Borrower Subsidiary, except as set forth in any mortgage, deed of trust or similar security agreement encumbering any Individual Property upon exercise of the rights and remedies upon default set forth in any of the foregoing.

Control Provisions. There are no provisions in the Borrower's Organizational Documents, or any other agreement or instrument to which the Borrower is party, under which any Person (other than the Borrower) has the right to exercise the management or control rights, powers or authority currently belonging to the Borrower.

Control Provisions. (a) NMLP, controls, directly or indirectly, and without the requirement for consent of any other Person, the management of each NMLP Subsidiary. (b) There are no provisions in any limited partnership agreement, operating agreement, certificate of incorporation, bylaws or any other agreement or instrument to which NMLP or any NMLP Subsidiary is party, under which any Person (other than NMLP or a NMLP Subsidiary) has the right to exercise the management or control rights, powers or authority currently belonging to NMLP or any NMLP Subsidiary, except as set forth in (i) any mortgage, deed of trust or similar security agreement encumbering any Individual Property upon exercise of the rights and remedies upon default set forth in any of the foregoing, (ii) the Integrated Documents upon exercise of the rights and remedies upon default set forth therein, or (iii) the Formation Documents of any Other Partnership, or any Partially Owned Limited Partnership.