Sole Dominion and Control. Borrower acknowledges and agrees that the Accounts are subject to the sole dominion, control and discretion of Lender, its authorized agents or designees, including Property Account Bank and Lockbox Bank, subject to the terms hereof; and Borrower shall have no right of withdrawal with respect to any Account except with the prior written consent of Lender or as otherwise provided herein.
Sole Dominion and Control. The Borrowers and Manager acknowledge and agree that the Accounts are subject to the sole dominion, control and discretion of Lender, its authorized agents or designees, including Agent, subject to the terms hereof and the Loan Agreement. Neither the Borrowers nor Manager shall have any right of withdrawal with respect to any Account except, subject to the terms and conditions hereof and the Loan Agreement, the FF&E Reserve Account. Agent shall have the right and agrees to comply with the instructions of Lender with respect to the Accounts without the further consent of the Borrowers or Manager. Agent shall comply with all "entitlement orders" (as defined in Section 8-102(a)(8) of the UCC) and instructions originated by Lender without further consent by the Borrowers or any other Person.
Sole Dominion and Control. The parties hereto hereby agree that the dominion and control over the Custodial Account and the Escrow Account shall be determined in accordance with the provisions of the Custodial Agreement, and the Custodian shall be the agent, bailee, securities intermediary and custodian of Account Property.
Sole Dominion and Control. Borrower acknowledges and agrees that the Property Account is subject to the sole dominion, control and discretion of Administrative Agent for the benefit of Lenders, its authorized agents or designees, including Property Account Bank, subject to the terms hereof; and Borrower shall have no right of withdrawal with respect to Property Account except with the prior written consent of Administrative Agent or as otherwise provided herein.
Sole Dominion and Control. The Borrowers and Manager acknowledge and agree that the Accounts are subject to the sole dominion, control and discretion of Lender, its authorized agents or designees, including Agent, subject to the terms hereof. Neither the Borrowers nor Manager shall have any right of withdrawal with respect to any Account except with the prior written consent of Lender. Agent shall have the right and agrees to comply with the instructions of Lender with respect to the Accounts without the further consent of the Borrowers or Manager. Agent shall comply with all “entitlement orders” (as defined in Section 8-102(a)(8) of the UCC) and instructions originated by Lender without further consent by the Borrowers or any other Person.
Sole Dominion and Control. Each of the parties hereto acknowledges and agrees that the IMH Collection Account is subject to the sole dominion, control and discretion of Agent, its authorized agents or designees, including Cash Management Agent or any servicer appointed by Agent, subject to, and consistent with, the terms hereof. Neither Borrower nor any Borrower Subsidiary shall have the right of withdrawal with respect to the IMH Collection Account except with the prior written consent of Agent. Cash Management Agent shall have the LEGAL_US_E # 92369237.14 obligation to comply with the instructions originated by Agent hereunder or in any other writing furnished by Agent with respect to the disposition of funds in the IMH Collection Account without the further consent of Borrower, any Borrower Subsidiary or any other Person, subject to concurrent written notice to Borrower; provided, that, Agent’s failure to deliver such concurrent written notice to Borrower shall not vitiate Cash Management Agent’s obligation to comply with the written instructions originated by Agent to the extent consistent with this Agreement. Cash Management Agent shall comply with all “entitlement orders” (as defined in Section 8-102(a)(8) of the UCC) and instructions originated by Agent directing transfer or redemptions of any financial asset relating to the IMH Collection Account without further consent by Borrower, any Borrower Subsidiary or any other Person.
Sole Dominion and Control. All property held in or credited to the Accounts shall be held as security for Lender and shall not be commingled with any other property held by or on behalf of Lender, either Borrower or any other Person. Each Borrower hereby acknowledges and agrees that each of the Accounts is subject to the “control” (within the meaning of the UCC) of Lender (which control may be exercised by its authorized agents or designees), subject to the terms of this Agreement, and that neither Borrowers nor Mortgage Borrowers shall have any right of control with respect to the Accounts and further acknowledges and agrees that the documents governing such accounts shall so provide. The parties agree that each of the Accounts shall be treated as a “deposit account” (within the meaning of the UCC). Deposit Bank shall comply with instructions originated by Lender (or by Agent on behalf of Lender) directing disposition of the funds in the Accounts without further consent of Borrowers, Mortgage Borrowers or any other Person. Lender shall have with respect to the Collateral, in addition to the rights and remedies herein set forth, all of the rights and remedies available to a secured party under the UCC, as if such rights and remedies were fully set forth herein.
Sole Dominion and Control. Borrowers acknowledge and agree that the Accounts are subject to the sole dominion, control and discretion of Lender, its authorized agents or designees, subject to the terms hereof. Notwithstanding anything set forth herein to the contrary, neither any Borrower nor any other Person, through or under any Borrower, shall have any control over the use of, or any right to withdraw any amount from, any Account, and each Borrower acknowledges that the Deposit Account Bank shall comply with all instructions originated by Lender without further consent by any Borrower. Each Borrower acknowledges and agrees the Account Banks shall comply with the instructions of Lender with respect to the Accounts without the further consent of any Borrower or Manager. Each Borrower acknowledges and agrees that the Account Banks shall comply with all “entitlement orders” (as defined in Section 8-102(a)(8) of the UCC) and instructions originated by Lender without further consent by any Borrower or any other Person.
Sole Dominion and Control. CCL, the Guarantors and Manager acknowledge and agree that the Securities Accounts are subject to the sole dominion, control and discretion of Trustee, its authorized agents or designees, including Bank, subject to the terms hereof. None of CCL, the Guarantors or Manager shall have any right of withdrawal with respect to any Account except in accordance with Section 3.3 or 4.1. Bank shall have the right and agrees to comply with the instructions of Trustee with respect to the Securities Accounts without further consent of CCL, the Guarantors or Manager. Bank shall comply with all “entitlement orders” (as defined in Section 8-102(a)(8) of the UCC) and instructions originated by Trustee without further consent by CCL, the Guarantors or any other Person.
Sole Dominion and Control. The Borrowers and Manager acknowledge and agree that the Accounts are subject to the sole dominion, control and discretion of Lender, its authorized agents or designees, including Agent, subject to the terms hereof. Neither the Borrowers nor Manager shall have any right of withdrawal with respect to any Account except with the prior written consent of Lender or as expressly authorized in the applicable Deposit Account Control Agreement. Agent shall have the right and agrees to comply with the instructions of Lender with respect to the Accounts without the further consent of the Borrowers or Manager (Lender agreeing that, as between Lender and Borrower, any such instructions shall be in accordance with and pursuant to the terms of the Loan Agreement). Agent shall comply with all “entitlement orders” (as defined in Section 8-102(a)(8) of the UCC) and instructions originated by Lender without further consent by the Borrowers or any other Person (Lender agreeing that, as between Lender and Borrower, any such “entitlement orders” shall be in accordance with and pursuant to the terms of the Loan Agreement).
