Securities and Investments Clause Samples

Securities and Investments. Cause all Collateral consisting of securities and Investments (other than Excluded Collateral) owned by the Company or any Subsidiary Guarantor and held by a securities intermediary (other than Excluded Collateral) to be held in one of the Securities Accounts listed on Schedule 6.11 attached hereto, which Schedule may be updated by the Company from time to time by delivering to the Administrative Agent a revised Schedule 6.11 reflecting any changes with respect to the Securities Accounts maintained by the Company. With respect to any new Securities Account reflected on a revised Schedule 6.11 delivered after the Closing Date, prior to causing any Collateral consisting of securities or Investments owned by the Company or any Subsidiary Guarantor (other than Excluded Collateral) to be held in any such new Securities Account, the Company or such Subsidiary Guarantor shall enter into a Securities Account Control Agreement with respect to such Securities Account. Notwithstanding anything in this Section 6.11 or in the other Note Documents to the contrary, the Administrative Agent agrees that (a) it shall not give instructions to any institution maintaining a Securities Account pursuant to a Securities Account Control Agreement unless an Event of Default shall have occurred and be continuing, and (b) if it shall have given instructions to any institution maintaining a Securities Account pursuant to any Securities Account Control Agreement and the Event of Default related thereto shall be cured to the satisfaction of the Administrative Agent or waived by the Administrative Agent, the Administrative Agent shall, upon the request of the Company, withdraw such instruction. Each such Securities Account Control Agreement shall constitute a present grant of control to the Administrative Agent and shall provide the Administrative Agent, for the benefit of the Holders, a first priority security interest in the affected Securities Account.

Securities and Investments. Certificates of deposit, banker’s acceptances, shares of stock, equity interests in any Person, bonds, bank accounts, notes, debentures, evidences of indebtedness, certificates of interest or participation in profit-sharing agreements, collateral-trust certificates, reorganization certificates or subscriptions, transferable shares, investment contracts, voting trust certificates, puts, calls, straddles, options, swaps, collars, caps and other securities or hedging arrangements of any kind, in each case to the extent constituting an asset (and not a liability);

Securities and Investments. Cause all Collateral consisting of securities and Investments (other than Portfolio Investments held separately by the Custodian under the Custodial Agreement) owned by the Company or any other Loan Party and held by a securities intermediary to be held in one of the Securities Accounts listed on Schedule 4.01(c) attached hereto, which Schedule may be updated by the Company from time to time by delivering to the Administrative Agent a revised Schedule 4.01(c) reflecting any changes with respect to the Securities Accounts maintained by the Company or any other Loan Party. With respect to any new Securities Account reflected on a revised Schedule 4.01(c) delivered after the Closing Date, prior to causing any Collateral consisting of securities or Investments owned by the Company or any other Loan Party to be held in any such new Securities Account, the Company or the applicable Loan Party shall enter into a Securities Account Control Agreement with respect to such Securities Account. Each such Securities Account Control Agreement shall constitute a present grant of control to the Administrative Agent sufficient to perfect a first priority Lien (subject to Permitted Liens) in the affected Securities Account in favor of the Administrative Agent, for the benefit of the Lenders.

Securities and Investments. Cause all Collateral consisting of securities and Investments (other than Excluded Collateral) owned by the Company and held by a securities intermediary (other than Excluded Collateral) to be held in one of the Securities Accounts listed on Schedule 6.11 attached hereto, which Schedule may be updated by the Company from time to time by delivering to the Administrative Agent a revised Schedule 6.11 reflecting any changes with respect to the Securities Accounts maintained by the Company. With respect to any new Securities Account reflected on a revised Schedule 6.11 delivered after the Closing Date, prior to causing any Collateral consisting of securities or Investments owned by the Company (other than Excluded Collateral) to be held in any such new Securities Account, the Company shall enter into a Securities Account Control Agreement with respect to such Securities Account. The Administrative Agent agrees that if it shall have given instructions to any institution maintaining a Securities Account pursuant to any Securities Account Control Agreement and the Event of Default related thereto shall be cured to the satisfaction of the Administrative Agent or waived by the Administrative Agent, the Administrative Agent shall, upon the request of the Company, withdraw such instruction. Each such Securities Account Control Agreement shall constitute a present grant of control to the Administrative Agent and shall provide the Administrative Agent, for the benefit of the Holders, a first priority security interest in the affected Securities Account.