Securities Accounts and Deposit Accounts. Each Grantor shall comply with Section 7.15 of the Credit Agreement. Unless otherwise extended or waived by the Collateral Agent in its sole discretion, each Grantor, as applicable, will, within 90 days after the Closing Date (or such later date as may be agreed to by the Collateral Agent in its sole discretion) cause the Collateral Agent to have a first priority security interest in each such Securities Account, which security interest is perfected by Control (except Excluded Securities Accounts). If any Grantor establishes a Securities Account (except Excluded Securities Accounts) with any Securities Intermediary after the date hereof, such Grantor shall execute and deliver an account control agreement in form and substance reasonably satisfactory to the Collateral Agent with respect to such Securities Account within sixty (60) days of the date that such Grantor established such Securities Account. Except with respect to Excluded Securities Accounts, if any Grantor fails to deliver an account control agreement in accordance with the immediately preceding sentence within sixty days of establishing any Securities Account, such Grantor shall withdraw all amounts on deposit in (or credited to) such Securities Account and transfer such amounts to Deposit Account or Securities Account subject to Collateral Agent’s “control” (within the meaning of Section 8-106 of the UCC or Section 9-104 of the UCC, as applicable). The Collateral Agent agrees with each Grantor that the Collateral Agent shall not give any Entitlement Orders or instructions or directions to any issuer of uncertificated securities, Securities Intermediary, and shall not withhold its consent to the exercise of any withdrawal or dealing rights by such Grantor, unless an Event of Default has occurred and is continuing or, after giving effect to any such investment and withdrawal rights, would occur. Each Grantor agrees that once the Collateral Agent sends an instruction or notice to a Securities Intermediary exercising its control pursuant to Section 8-106 of the UCC over any Securities Account, such Grantor shall not give any instructions or orders with respect to such Securities Account including, without limitation, instructions for investment, distribution or transfer of any Investment Property or financial asset maintained in such Securities Account. No Grantor shall grant Control over any Investment Property to any person other than the Collateral Agent and the Term Loan Administrative Agent. ...
Securities Accounts and Deposit Accounts. (a) Set forth in Schedule 5(a) of the Information Certificate is a true and correct list of all securities accounts in which each Grantor customarily maintains securities or other assets, including the name and address of the intermediary institution and the type of account.
(b) Set forth in Schedule 5(b) of the Information Certificate is a true and correct list of all depository accounts maintained by each Grantor, including the name and address of the depository institution and the type of account.
Securities Accounts and Deposit Accounts. No Pledgor shall grant Control over any Deposit Account or Securities Account to any Person except to the extent the Lien in such Deposit Account or Securities Account is permitted under Section 6.02 of the Credit Agreement.
Securities Accounts and Deposit Accounts. Set forth on Schedule B hereto is a description of each Securities Account, Commodities Account and Deposit Account of each of (a) Global Marine Systems Limited and its Subsidiaries and (b) Global Crossing Intermediate UK Holdings Ltd. and its subsidiaries including, in each case, (i) the name of the financial institution, (ii) the type of account, and (iii) the account number. Each of the undersigned is of the opinion that the condition set forth in clause (h) of Exhibit F has been complied with in the delivery of this Certificate and each hereby acknowledges and agrees that the Trustee is relying on the representations and warranties made herein in connection with its execution of the Indenture.
Securities Accounts and Deposit Accounts. (a) Set forth in Section III(B) of the Information Certificate is a true and correct list of all securities accounts in which each Grantor customarily maintains securities or other assets, including the name and address of the intermediary institution and the type of account.
(b) Set forth in Section III(C) of the Information Certificate is a true and correct list of all depository accounts maintained by each Grantor, including the name and address of the depository institution and the type of account.
Securities Accounts and Deposit Accounts. Attached hereto as Schedule 5(a) is a true and correct list of all securities accounts in which each Grantor customarily maintains securities or other assets, including the name and address of the intermediary institutions and the type of account. (b) Attached hereto as Schedule 5(b) is a true and correct list of all depositary accounts maintained by each Grantor, including the name and address of the depositary institution and type of account. [The Remainder of this Page has been intentionally left blank] IN WITNESS WHEREOF, we have hereunto signed this Perfection Certificate as of the date first written above. SERITAGE GROWTH PROPERTIES By: Name: Title:
Securities Accounts and Deposit Accounts. Securities Accounts. Please see Annex D attached hereto.
Securities Accounts and Deposit Accounts. (a) Attached hereto as Schedule 10(a) is a true and correct list of all securities accounts in which each Loan Party customarily maintains securities or other assets, including the name and address of the intermediary institutions and the type of account.
(b) Attached hereto as Schedule 10(b) is a true and correct list of all depositary accounts maintained by each Loan Party, including the name and address of the depositary institution and type of account.
Securities Accounts and Deposit Accounts. Each Obligor has no Securities Accounts and no Deposit Accounts, other than Excluded Deposit Accounts, as of the First Amendment Effective Date other than those disclosed in writing to the Administrative Agent.
Securities Accounts and Deposit Accounts. Any Obligor with a Security Account or a Deposit Account existing on the First Amendment Effective Date shall, within forty-five (45) days from the First Amendment Effective Date or such longer period as the Administrative Agent may agree in its reasonable discretion, unless such Deposit Account is an Excluded Deposit Account, enter into an account control agreement with the Administrative Agent and the account bank for such Securities Account or Deposit Account, as the case may be, on terms reasonably satisfactory to the Administrative Agent and the Borrower. If any Obligor shall at any time after the First Amendment Effective Date open a Securities Account or a Deposit Account that is not an Excluded Deposit Account, such Obligor shall, concurrently therewith, (i) deliver written notice thereof to the Administrative Agent and (ii) enter into an account control agreement with the Administrative Agent and the account bank for such Securities Account or Deposit Account, as the case may be, on terms reasonably satisfactory to the Administrative Agent and the Borrower.
