“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (including, without limitation, any investment property, financial asset, security, instrument, general intangible or cash) credited to the Securities Account shall be treated as a "financial asset" within the meaning of Section 8-102(a)(9) of the UCC.
Appears in 9 contracts
Samples: Financing Agreement (Global Geophysical Services Inc), Credit Agreement (Carmike Cinemas Inc), Pledge and Security Agreement (Belden & Blake Corp /Oh/)
“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (including, without limitation, all Permitted Investments and any investment property, financial asset, security, instrument, general intangible instrument or cash) credited to the Securities 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 (including, without limitation, any whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to the Securities Reserve 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 Leasing LLC Ii), Control Agreement (Nissan Auto Lease Trust 2004-A)
“Financial Assets” Election. The Securities Intermediary and each other party hereto hereby agrees that each item of property (includingwhether Investment Property, without limitationFinancial Asset, any investment propertySecurity, financial asset, security, instrument, general intangible Instrument or cash) deposited in or credited to the Securities 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), Pledge Agreement (Sbarro Express LLC), Credit Agreement (Be Aerospace Inc)
“Financial Assets” Election. The Securities Intermediary Financial Institution hereby agrees that each item of property (including, without limitation, any whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to the any Pledged Account that is a Securities Account shall be treated as a "financial asset" within the meaning of Section 8-102(a)(9) of the UCC.
Appears in 4 contracts
Samples: Pledge and Security Agreement (Mariner Health Care Inc), Pledge and Security Agreement (Mariner Health Care Inc), Master Pledge and Security Agreement (Focal Communications Corp)
“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of the Underlying Securities and any other property (including, without limitation, any investment property, financial asset, security, instrument, general intangible or cash) credited to the Securities Certificate 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: Supplement (Structured Products Corp), Supplement (Structured Products Corp)
“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (including, without limitation, including any investment property, financial asset, security, instrument, general intangible investment property or other financial asset or cash) credited to the Securities Account 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 2 contracts
Samples: Securities Account Control Agreement, Securities Account Control Agreement (OFS Capital Corp)
“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property Investment Property (including, without limitation, any whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to the Securities 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: Security Agreement (BRP (Luxembourg) 4 S.a.r.l.), u.s. Security Agreement (Bombardier Recreational Products Inc.)
“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (including, without limitation, any investment property, financial assetassets, securitysecurities, instrumentinstruments, general intangible intangibles or cash) credited to the 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: Pledge and Security Agreement (Muzak Finance Corp), Credit Agreement (Huttig Building Products Inc)
“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (including, without limitation, any whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to the Securities 2024-B Exchange Note Collection Account shall be treated as a "financial asset" within the meaning of “Financial Asset” set forth in Section 8-102(a)(9) of the UCC.
Appears in 2 contracts
Samples: Control Agreement (Mercedes-Benz Auto Lease Trust 2024-B), Control Agreement (Mercedes-Benz Auto Lease Trust 2024-B)
“Financial Assets” Election. The Securities Intermediary Financial Institution hereby agrees that each item of property (including, without limitation, all Cash Equivalents and any investment property, financial asset, security, instrument, general intangible instrument or cash) credited to the any Pledged Account that is a 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: Collateral Account Control Agreement (Delta Energy Center, LLC), Security Agreement (Delta Energy Center, LLC)
“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (including, without limitation, any whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to the 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: Loan and Security 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 (including, without limitation, any investment property, financial asset, security, instrument, general intangible or cash) credited to the 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: Deposit Agreement (FLN Finance Inc), Deposit Agreement (FLN Finance Inc)
“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (including, without limitation, any whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to the Securities any 20[__]-[__] Collateral Account shall be treated as a "financial asset" within the meaning of “Financial Asset” as set forth in Section 8-102(a)(9) of the UCC.
Appears in 2 contracts
Samples: Collateral Account Control Agreement (Daimler Trust), Control Agreement (Daimler Trust)
“Financial Assets” Election. The Securities Intermediary and the other parties hereto hereby agrees agree that each item of property (including, without limitation, any whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to the 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 (including, without limitation, including any investment property, financial asset, security, instrumentinstrument or obligation, general intangible share, participation, interest or cashother property whatsoever) credited to the Securities Debt Service Reserve 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: Indenture (NRG Energy Inc), Indenture (Somerset Power LLC)
“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of the Underlying Securities and any other property (including, without limitation, any investment property, financial asset, security, instrument, general intangible or cash) credited to the Securities Certificate 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: Corts Supplement Agreement (Structured Products Corp. CorTS Trust VI for IBM Debentures), Corts Trust Agreement (Structured Products Corp CorTS Trust v for IBM Debentures)
“Financial Assets” Election. The Securities Intermediary --------------------------- hereby agrees that each item of property (including, without limitation, any whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to the 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: Indenture (Superior Financial Corp /Ar/), Securities Account Control Agreement (Superior Financial Corp /Ar/)
“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (including, without limitation, any whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to the 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 (including, without limitation, any whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to the 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
“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (including, without limitation, any whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to the 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 hereby agrees that each item of property (including, without limitation, any whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to the Securities 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 (including, without limitation, any whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to the 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
“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (includingincluding a security, without limitation, any investment property, financial assetinstrument or obligation, securityshare, instrumentparticipation, general intangible interest, cash or cashany other property whatsoever) credited to the Securities 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
“Financial Assets” Election. The Securities Intermediary and each other party hereto hereby agrees that each item of property (includingwhether Investment Property, without limitationFinancial Asset, any investment propertySecurity, financial asset, security, instrument, general intangible Instrument or cash) deposited in or credited to the Securities 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
“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (including, without limitation, including any investment property, financial assetcash, security, instrumentinstrument or obligation, general intangible share, participation, interest or cashother property whatsoever) credited to the Securities Debt Service Reserve Account shall be treated as a "financial asset" within the meaning of Section 8-102(a)(9) of the UCC.
Appears in 1 contract
“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (including, without limitation, any investment property, financial asset, security, instrument, general intangible or cash) credited to the 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: Credit and Guaranty Agreement (AbitibiBowater Inc.)
“Financial Assets” Election. The Securities Intermediary hereby agrees with Pledgor and the Collateral Agent that each item of property (including, without limitation, any whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to the 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: Revolving Credit and Term Loan Agreement (Winstar Communications Inc)
“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (including, without limitation, any whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to the Securities Account 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 (including, without limitation, any whether investment property, financial asset, security, instrument, general intangible instrument or cashuninvested funds) credited to the 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
“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (including, without limitation, any investment property, financial asset, security, instrument, general intangible instrument or cash) credited to the 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 (including, without limitation, any investment property, financial asset, security, instrument, general intangible or cash) Investment Property credited to the Securities Designated Account shall be treated as a "financial asset" within the meaning of Section 8-102(a)(9) of the UCC.
Appears in 1 contract
“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (including, without limitation, any whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to the 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 Agreement (Inamed Corp)
“Financial Assets” Election. The Securities Intermediary hereby agrees that each item of property (including, without limitation, any whether investment property, financial asset, security, instrument, general intangible cash or cashany other property of any kind) credited to any of the Securities Account 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)
