Common use of “Financial Assets” Election Clause in Contracts

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund shall be treated as a “financial asset” within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 7 contracts

Samples: Control Agreement (BMW Vehicle Lease Trust 2017-1), Control Agreement (BMW Vehicle Lease Trust 2017-1), Control Agreement (BMW Vehicle Lease Trust 2016-2)

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“Financial Assets” Election. The Securities Intermediary and each other party hereto hereby agrees that each item of property (whether investment propertyInvestment Property, financial assetFinancial Asset, securitySecurity, instrument Instrument or cash) deposited in or credited to the Reserve Fund Account shall be treated as constitute a “financial asset” within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 5 contracts

Samples: Credit Agreement (Be Aerospace Inc), Security Agreement (Be Aerospace Inc), Control Agreement (Sbarro Express LLC)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund Account shall be treated as a "financial asset" within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 5 contracts

Samples: Control Agreement (Nissan Auto Lease Trust 2004-A), Control Agreement (Nissan Auto Lease Trust 2004-A), Control Agreement (Nissan Auto Lease Trust 2003-A)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether including, without limitation, all Permitted Investments and any investment property, financial asset, security, instrument or cash) credited to the Reserve Fund any Pledged Account shall be treated as a “financial asset” within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 5 contracts

Samples: Cash Management Agreement (Landmark Infrastructure Partners LP), Cash Management Agreement (Landmark Infrastructure Partners LP), Cash Management Agreement (Landmark Infrastructure Partners LP)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund each Securities Account shall be treated as a "financial asset" within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 3 contracts

Samples: Control Agreement (Honda Auto Receivables 2007-3 Owner Trust), Control Agreement (Honda Auto Receivables 2006-2 Owner Trust), Control Agreement (American Honda Receivables 2006-1 Owner Trust)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund Securities Account shall be treated as a “financial asset” within the meaning of Section §8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Securities Account Control Agreement (Hanover Capital Mortgage Holdings Inc), Securities Account Control Agreement (Hanover Capital Mortgage Holdings Inc)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund any 20[__]-[__] Collateral Account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Control Agreement (Daimler Trust), Control Agreement (Daimler Trust)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund 2017-A Exchange Note Collection Account shall be treated as a “financial assetFinancial Assetwithin the meaning of set forth in Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Daimler Trust (Mercedes-Benz Auto Lease Trust 2017-A), Daimler Trust (Mercedes-Benz Auto Lease Trust 2017-A)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund any 2019-A Collateral Account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Control Agreement (Mercedes-Benz Auto Lease Trust 2019-A), Control Agreement (Mercedes-Benz Auto Lease Trust 2019-A)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether including, without limitation, any investment property, financial assetassets, securitysecurities, instrument instruments, general intangibles or cash) credited to the Reserve Fund Securities Account shall be treated as a "financial asset" within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Credit Agreement (Huttig Building Products Inc), Pledge and Security Agreement (Muzak Finance Corp)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund 2020-B Exchange Note Collection Account shall be treated as a “financial assetFinancial Assetwithin the meaning of set forth in Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Control Agreement (Mercedes-Benz Auto Lease Trust 2020-B), Control Agreement (Mercedes-Benz Auto Lease Trust 2020-B)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund any 2021-B Collateral Account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Control Agreement (Mercedes-Benz Auto Lease Trust 2021-B), Control Agreement (Mercedes-Benz Auto Lease Trust 2021-B)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund any 2021-A Collateral Account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Control Agreement (Mercedes-Benz Auto Lease Trust 2021-A), Control Agreement (Mercedes-Benz Auto Lease Trust 2021-A)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund any 2020-B Collateral Account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Control Agreement (Mercedes-Benz Auto Lease Trust 2020-B), Control Agreement (Mercedes-Benz Auto Lease Trust 2020-B)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund any 2018-B Collateral Account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Control Agreement (Mercedes-Benz Auto Lease Trust 2018-B), Control Agreement (Mercedes-Benz Auto Lease Trust 2018-B)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund 2024-A Exchange Note Collection Account shall be treated as a “financial assetFinancial Assetwithin the meaning of set forth in Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Control Agreement (Mercedes-Benz Auto Lease Trust 2024-A), Control Agreement (Mercedes-Benz Auto Lease Trust 2024-A)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund any 2019-B Collateral Account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Control Agreement (Mercedes-Benz Auto Lease Trust 2019-B), Control Agreement (Mercedes-Benz Auto Lease Trust 2019-B)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund any 2017-A Collateral Account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Control Agreement (Mercedes-Benz Auto Lease Trust 2017-A), Collateral Account Control Agreement (Mercedes-Benz Auto Lease Trust 2017-A)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund any 20[__]-[_] Collateral Account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Control Agreement (Daimler Trust), Control Agreement (Daimler Trust)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property Investment Property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund any Designated Account shall be treated as a “financial asset” within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Control Agreement (BRP (Luxembourg) 4 S.a.r.l.), Control Agreement (Bombardier Recreational Products Inc.)

“Financial Assets” Election. The Securities Intermediary and the other parties hereto hereby agrees agree that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund Securities Account shall be treated as a “financial asset” within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Control Agreement (Navistar Financial Corp), Account Control Agreement (Navistar Financial Corp)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund any 2023-A Collateral Account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Control Agreement (Mercedes-Benz Auto Lease Trust 2023-A), Control Agreement (Mercedes-Benz Auto Lease Trust 2023-A)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund any 2012-A Collateral Account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Control Agreement (Mercedes-Benz Auto Lease Trust 2012-A), Control Agreement (Mercedes-Benz Auto Lease Trust 2012-A)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, including any security, instrument or cashobligation, share, participation, interest or other property whatsoever) credited to the Debt Service Reserve Fund Account shall be treated as a "financial asset" within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Guarantee Agreement (Somerset Power LLC), Indenture (NRG Energy Inc)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund any 2016-B Collateral Account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Servicing Agreement (Mercedes-Benz Auto Lease Trust 2016-B), Servicing Agreement (Mercedes-Benz Auto Lease Trust 2016-B)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether cash, a security, investment property, property or other financial asset, security, instrument or cash) credited to the Reserve Fund Accounts shall be treated as a “financial asset” within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 1 contract

Samples: Securities Account Control Agreement (Monroe Capital Income Plus Corp)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund Securities Account shall be treated as a "financial asset" within the meaning of Section 8-102(a)(9102(a) (9) of the UCC.

Appears in 1 contract

Samples: Security and Pledge Agreement (Nab Exchangeable Preferred Trust)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund any 2014-A Collateral Account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 1 contract

Samples: Control Agreement (Mercedes-Benz Auto Lease Trust 2014-A)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cashuninvested funds) credited to the Reserve Fund Securities Account shall be treated as a "financial asset" within the meaning of Section 8-102(a)(9102 (a)(9) of the UCC.

Appears in 1 contract

Samples: Management Agreement (TAL International Group, Inc.)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether including a security, investment property, financial asset, security, instrument or cashobligation, share, participation, interest, cash or any other property whatsoever) credited to the Reserve Fund any Account shall be treated as a "financial asset" (within the meaning of Section 8-102(a)(9) of the UCC).

Appears in 1 contract

Samples: Accounts Control Agreement (Cedar Brakes I LLC)

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“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund any 2015-A Collateral Account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 1 contract

Samples: Control Agreement (Mercedes-Benz Auto Lease Trust 2015-A)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund any 2013-B Collateral Account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 1 contract

Samples: Control Agreement (Mercedes-Benz Auto Lease Trust 2013-B)

“Financial Assets” Election. The Securities Intermediary Financial Institution hereby agrees that each item of property (whether investment propertyincluding, without limitation, any financial asset, security, instrument or cash) credited to the Reserve Fund Blocked Account shall be treated as a “financial asset” within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 1 contract

Samples: Intercompany Subordination Agreement (Tesla Motors Inc)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, including any security, instrument investment property or other financial asset or cash) credited to the Reserve Fund Covered Accounts shall be treated as a "financial asset" within the meaning of Section 8-102(a)(98‑102(a)(9) of the UCC.

Appears in 1 contract

Samples: Securities Account Control Agreement (OFS Capital Corp)

“Financial Assets” Election. The Securities Intermediary Financial Institution hereby agrees that each item of property (whether including, without limitation, any investment property, financial asset, security, instrument or cash) credited to the Reserve Fund Pledged Account shall be treated as a “financial asset” within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 1 contract

Samples: Securities Account Control Agreement (Mandatory Exchangeable Trust)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether including, without limitation, any investment property, financial asset, security, instrument instrument, general intangible or cash) credited to the Reserve Fund Securities Account shall be treated as a "financial asset" within the meaning of Section 8-102(a)(91 02(a)(9) of the UCCVCC.

Appears in 1 contract

Samples: Pledge and Security Agreement (AbitibiBowater Inc.)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund Securities Account shall be treated as a "financial asset" within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 1 contract

Samples: Pledge and Security Agreement (Inamed Corp)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund Securities Account shall be treated as a "financial asset" within the meaning of Section 8-102(a)(9) of the UCC.. 2

Appears in 1 contract

Samples: Account Control Agreement (Golden Sky Systems Inc)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund a Securities Account shall be treated as a “financial asset” within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 1 contract

Samples: Loan and Security Agreement (Tesla, Inc.)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund Securities Accounts shall be treated as a “financial asset” within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 1 contract

Samples: Securities Account Control Agreement (Fibernet Telecom Group Inc\)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether including, without limitation, any investment property, financial asset, security, instrument or cash) credited to the Reserve Fund any Securities Account shall be treated as a “financial asset” within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 1 contract

Samples: Securities Account Control Agreement (Patriot Capital Funding, Inc.)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether including, without limitation, any investment property, financial asset, security, instrument instrument, general intangible or cash) credited to the Reserve Fund Securities Account shall be treated as a "financial asset" within the meaning of Section 8-102(a)(91 02(a)(9) of the UCC.

Appears in 1 contract

Samples: Pledge and Security Agreement (AbitibiBowater Inc.)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument instrument, cash or cashany other property of any kind) credited to any of the Reserve Fund Securities Accounts shall be treated as a "financial asset" within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 1 contract

Samples: Securities Account Control Agreement (LSP Batesville Funding Corp)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial assetincluding cash, security, instrument or cash) credited to the Reserve Fund Securities Account on or after the date of the Agreement shall be treated as a “financial asset” within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 1 contract

Samples: Securities Account Control Agreement (Biomimetic Therapeutics, Inc.)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, including any security, instrument investment property or other financial asset or cash) credited to the Reserve Fund Covered Accounts shall be treated as a "financial asset" within the meaning of Section 8-102(a)(98‑102(a)(9) of the UCC. Section 3.

Appears in 1 contract

Samples: www.sec.gov

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund either Account shall be treated as a "financial asset" within the meaning of Section ss. 8-102(a)(9) of the UCC.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Metris Companies Inc)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund any Securities Account shall be treated as a “financial asset” within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 1 contract

Samples: Securities Account Control Agreement (FS Energy & Power Fund)

“Financial Assets” Election. The Securities Intermediary and each other party hereto hereby agrees that each item of property (whether investment propertyInvestment Property, financial assetFinancial Asset, securitySecurity, instrument Instrument or cash) deposited in or credited to the Reserve Fund Account shall be treated as constitute a "financial asset" within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 1 contract

Samples: Pledge Agreement (IMI of Arlington, Inc.)

“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Reserve Fund any 2015-B Collateral Account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 1 contract

Samples: Control Agreement (Mercedes-Benz Auto Lease Trust 2015-B)

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