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.
Appears in 6 contracts
Samples: Management Agreement (Lodgian Inc), Cash Management Agreement (Lodgian Inc), Management Agreement (Lodgian Inc)
Sole Dominion and Control. The Borrowers Borrower 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 Agreementhereof. Neither the Borrowers Borrower nor Manager shall have any the right of withdrawal with respect to any Account except, subject to except with the terms and conditions hereof and the Loan Agreement, the FF&E Reserve Accountprior written consent of Lender. Agent shall have the right and agrees to comply with the instructions of originated by Lender with respect to the disposition of funds in the Accounts without the further consent of the Borrowers Borrower or ManagerManager or any other Person. Agent shall comply with all "entitlement orders" (as defined in Section 8-102(a)(8) of the UCC) and instructions originated by Lender directing transfer or redemptions of any financial asset relating to any Account without further consent by the Borrowers Borrower or any other Person.
Appears in 1 contract
Samples: Cash Management Agreement (Cedar Shopping Centers Inc)