Establishment of Securities Accounts. The Securities Intermediary hereby confirms that (i) the Securities Intermediary has established the Securities Accounts listed in the definition thereof, (ii) each Securities Account is an account to which financial assets are or may be credited, (iii) the Securities Intermediary shall, subject to the terms of this Agreement and the Indenture, treat the Assignee-Secured Party as entitled to exercise the rights that comprise any financial asset credited to each Securities Account, (iv) all property delivered to the Securities Intermediary by or on behalf of the Assignee-Secured Party or the Initial Secured Party for deposit to one of the Securities Accounts will promptly be credited to that Securities Account and (v) all securities or other property underlying any financial assets credited to any of the Securities Accounts shall be registered in the name of the Securities Intermediary, endorsed to the Securities Intermediary or in blank or credited to another securities account maintained in the name of the Securities Intermediary and in no case will any financial asset credited to any Securities Account be registered in the name of the Seller, payable to the order of the Seller or specially endorsed to the Seller except to the extent the foregoing have been specially endorsed to the Securities Intermediary or in blank.
Appears in 43 contracts
Samples: Control Agreement (Honda Auto Receivables 2015-4 Owner Trust), Control Agreement (Honda Auto Receivables 2015-4 Owner Trust), Control Agreement (Honda Auto Receivables 2015-3 Owner Trust)
Establishment of Securities Accounts. The Securities Intermediary hereby confirms that (i) the Securities Intermediary has established the Securities Accounts listed in the definition thereofAccounts, (ii) the Securities Accounts are, and it shall treat each of the Securities Account Accounts as, a “securities account” within the meaning of Section 8-501 of the UCC, (iii) each of the Securities Accounts is an account to which financial assets are or may be credited, (iii) the and Securities Intermediary shall, subject to the terms of this Agreement and the IndentureAgreement, treat the Assignee-Secured Party as (A) entitled to exercise the rights that comprise any financial asset or security entitlement credited to each Securities Account, (iv) all property delivered to the Securities Intermediary by or on behalf of the Assignee-Secured Party or the Initial Secured Party for deposit to one any of the Securities Accounts will promptly be credited to that Securities Account and (vB) the “entitlement holder” (within the meaning of Section 8-102(a)(7) of the UCC) with respect to the Securities Accounts on the books and records of Securities Intermediary, and (iv) all securities or other property underlying any financial assets or security entitlement credited to any of the Securities Accounts shall be registered in the name of the Securities IntermediaryIntermediary or its nominee, endorsed to the Securities Intermediary or in blank or credited to another securities account maintained in the name of the Securities Intermediary or its nominee, and in no case will any financial asset credited to any of the Securities Account Accounts be registered in the name of the SellerGrantor, payable to the order of the Seller Grantor or specially endorsed to the Seller Grantor except to the extent the foregoing have been specially endorsed to the Securities Intermediary or in blank.
Appears in 2 contracts
Samples: Credit Agreement (Isle of Capri Casinos Inc), Credit Agreement (Isle of Capri Casinos Inc)
Establishment of Securities Accounts. The Securities Intermediary hereby confirms that and agrees that:
(ia) the The Securities Intermediary has established the accounts set forth on Schedule I hereto (such accounts and any other successor accounts, collectively, the "Securities Accounts listed in the definition thereof, (iiAccounts") each Securities Account is an account to which financial assets are or may be credited, (iii) and the Securities Intermediary shall, subject to shall not change the terms name or account number of this Agreement and the Indenture, treat the Assignee-Secured Party as entitled to exercise the rights that comprise any financial asset credited to each Securities Account, (iv) all property delivered to the Securities Intermediary by or on behalf of the Assignee-Secured Party or the Initial Secured Party for deposit to one of the Securities Accounts will promptly be credited to that Securities Account and without the prior written consent of the Collateral Agent;
(vb) all All securities or other property underlying any financial assets credited to any of the Securities Accounts shall be registered in the name of the Securities Intermediary, endorsed indorsed to the Securities Intermediary or in blank or credited to another securities account maintained in the name of the Securities Intermediary and in no case will any financial asset credited to any of the Securities Account Accounts be registered in the name of the SellerDebtors, payable to the order of the Seller Debtors or specially endorsed indorsed to the Seller Debtors except to the extent the foregoing have been specially endorsed indorsed to the Securities Intermediary or in blank;
(c) All property delivered to the Securities Intermediary pursuant to the Senior Security Documents or the Common Agreement will be promptly credited to the appropriate Securities Account;
(d) Each Securities Account is a "securities account" as such term is defined in Section 8-501-(b) of the UCC; and
(e) The Securities Accounts are accounts to which financial assets may be credited, and the Securities Intermediary shall, subject to the terms of this Agreement, treat the Collateral Agent as (i) entitled to exercise the rights that comprise any financial asset credited to any of the Securities Accounts, and (ii) the "entitlement holder" (within the meaning of Section 8-102 of the UCC) with respect to the Securities Accounts on the books and records of the Securities Intermediary.
Appears in 1 contract
Samples: Securities Account Control Agreement (LSP Batesville Funding Corp)
Establishment of Securities Accounts. The Securities Intermediary hereby confirms that and agrees that:
(ia) The Secured Party was granted by the Debtor a security interest in the Securities Account (as defined below) pursuant to the Indenture, dated as of June 28, 2005, between the Debtor and the Secured Party (the “Indenture”); The Securities Intermediary has established the Securities Accounts listed in the definition thereofname of the Secured Party the Alliance Laundry Equipment Receivables Trust 2005-A Loan Collection Account (Account No. 977990), the Alliance Laundry Equipment Receivables Trust 2005-A Receivables Collection Account (iiAccount No. 977991) each and the Alliance Laundry Equipment Receivables Trust 2005-A Reserve Account (Account No. 977993) (collectively the “Securities Account is an account to which financial assets are or may be credited, (iii) the Account”). The Securities Intermediary shall, subject to shall not change the terms of this Agreement and the Indenture, treat the Assignee-Secured Party as entitled to exercise the rights that comprise any financial asset credited to each Securities Account, (iv) all property delivered to the Securities Intermediary by names or on behalf of the Assignee-Secured Party or the Initial Secured Party for deposit to one account numbers of the Securities Accounts will promptly be credited to that Account without the prior written consent of the Secured Party;
(b) The Securities Account shall be under the sole dominion and (v) control at all times of the Secured Party. Any securities or other property underlying any financial assets credited to any of the Securities Accounts Account shall be registered in the name of the Securities IntermediarySecured Party, endorsed indorsed to the Securities Intermediary Secured Party or in blank or credited to another securities account maintained in the name of the Securities Intermediary Secured Party and in no case will any financial asset credited to any a Securities Account be registered in the name of the SellerDebtor, payable to the order of the Seller Debtor or specially endorsed indorsed to the Seller Debtor except to the extent the foregoing have been specially endorsed indorsed by the Secured Party;
(c) All property delivered to the Securities Intermediary pursuant to the Indenture or the Pooling and Servicing Agreement shall be promptly credited to the applicable Securities Account in blankaccordance with the terms thereof; and
(d) The Securities Account are accounts to which financial assets are or may be credited.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Alliance Laundry Systems LLC)
Establishment of Securities Accounts. The Securities Intermediary hereby confirms that and agrees that:
(ia) Pursuant to a Custody Agreement between the Debtor and the Securities Intermediary, dated August 8, 2002, (the "Custody Agreement"), the Securities Intermediary has established the Securities Accounts listed accounts set forth on Schedule I, collectively know as the "Collateral Account" in the definition thereofname of the Debtor and maintained in the State of Pennsylvania (such Collateral Account and any additional or successor account, (ii) each the "Securities Account is an account to which financial assets are or may be credited, (iii) the Account"). The Securities Intermediary shall, subject to shall not change the terms of this Agreement and the Indenture, treat the Assignee-Secured Party as entitled to exercise the rights that comprise any financial asset credited to each Securities Account, (iv) all property delivered to the Securities Intermediary by name or on behalf of the Assignee-Secured Party or the Initial Secured Party for deposit to one account number of the Securities Accounts will promptly be credited to that Securities Account and without the prior written consent of the Secured Party;
(vb) all All securities or other property underlying any financial assets credited to any of the Securities Accounts Account shall be registered in the name of the Securities Intermediary, endorsed indorsed to the Securities Intermediary or in blank or credited to another securities account maintained in the name of the Securities Intermediary and in no case will any financial asset credited to any the Securities Account be registered in the name of the SellerDebtor, payable to the order of the Seller Debtor or specially endorsed indorsed to the Seller Debtor except to the extent the foregoing have been specially endorsed indorsed to the Securities Intermediary or in blank;
(c) All property delivered to the Securities Intermediary pursuant to this Agreement, the Insurance Agreement or the Collateral Management Agreement shall be promptly credited to the Securities Account; and
(d) The Securities Account is an account to which financial assets are or may be credited, and the Securities Intermediary shall, subject to the terms of this Agreement, treat the Debtor as entitled to exercise the rights that comprise any financial asset credited to the account.
Appears in 1 contract
Samples: Securities Account Control Agreement (Security Capital Assurance LTD)
Establishment of Securities Accounts. The Securities Intermediary hereby confirms that (i) the Securities Intermediary has established the Securities Accounts listed in the definition thereofAccounts, (ii) the Securities Accounts are, and it shall treat each of the Securities Account Accounts as, a “securities account” within the meaning of Section 8-501 of the UCC, (iii) each of the Securities Accounts is an account to which financial assets are or may be credited, (iii) the and Securities Intermediary shall, subject to the terms of this Agreement and the IndentureAgreement, treat the Assignee-Secured Party as (A) entitled to exercise the rights that comprise any financial asset or security entitlement credited to each Securities Account, (iv) all property delivered to the Securities Intermediary by or on behalf of the Assignee-Secured Party or the Initial Secured Party for deposit to one any of the Securities Accounts will promptly be credited to that Securities Account and (vB) the “entitlement holder” (within the meaning of Section 8-102 of the UCC) with respect to the Securities Accounts on the books and records of Securities Intermediary, and (iv) all securities or other property underlying any financial assets or security entitlement credited to any of the Securities Accounts shall be registered in the name of the Securities IntermediaryIntermediary or its nominee, endorsed to the Securities Intermediary or in blank or credited to another securities account maintained in the name of the Securities Intermediary or its nominee, and in no case will any financial asset credited to any of the Securities Account Accounts be registered in the name of the SellerGrantor, payable to the order of the Seller Grantor or specially endorsed to the Seller Grantor except to the extent the foregoing have been specially endorsed to the Securities Intermediary or in blank.
Appears in 1 contract
Samples: Credit Agreement (Quidel Corp /De/)