Examples of Commodities Intermediary in a sentence
Attached hereto as Schedule 11 is a true and correct list of Deposit Accounts, Securities Accounts and Commodities Accounts maintained by each Grantor, including the name and address of the depositary institution, Securities Intermediary or Commodities Intermediary holding the account, as applicable, the type of account, the account number , whether such account is required to be subject to a Control Agreement pursuant to the Credit Agreement and, if not, why it is not so required.
The Collateral Agent agrees with each Grantor that the Collateral Agent shall not give any instructions or directions to any Commodities 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.
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Each Pledgor has, prior to or contemporaneously with the execution and delivery hereof, endeavored to enter into a Control Agreement with each currently existing Securities Intermediary or Commodities Intermediary.
The Grantor agrees that it will not transfer assets out of any Commodities Account, or transfer any Commodities Account to another Commodities Intermediary, unless the Grantor, the Collateral Trustee, and the substitute Commodities Intermediary have entered into an Account Control Agreement.
Upon the occurrence and during the continuance of an Event of Default, the Collateral Trustee may notify any Securities Intermediary or Commodities Intermediary to liquidate the applicable Securities Account, Commodities Account or any related Investment Property that constitutes Collateral maintained or held thereby and remit the proceeds thereof to an account specified by the Collateral Trustee (including any Controlled Account).
The U.S. Collateral Agent agrees with each of the Grantors that the U.S. Collateral Agent shall not give any such Entitlement Orders or instructions or directions to any such issuer, Securities Intermediary or Commodities Intermediary, and shall not withhold its consent to the exercise of any withdrawal or dealing rights by any Grantor, unless an Event of Default has occurred and is continuing, or, after giving effect to any such investment and withdrawal rights would occur.
If any Pledgor is unable to obtain a Control Agreement from such Securities Intermediary or Commodities Intermediary, then such Pledgor shall terminate all financial accounts maintained with such Securities Intermediary or Commodities Intermediary and immediately transfer any and all Investment Collateral maintained with such institution to a Designated Account maintained by a Qualified Intermediary.
Schedule 10 sets forth as of the Effective Date all Deposit Accounts, Securities Accounts and Commodity Accounts owned by Grantors as of the Effective Date, including, (a) with respect to each bank, Securities Intermediary or Commodities Intermediary the name and address of such person, (b) the accounts numbers of the Deposit Accounts, Securities Accounts or Commodity Accounts maintained with such person and (c) the purpose of such account.
Except as otherwise provided in the Credit Agreement, each Grantor shall obtain an authenticated Control Agreement, from each bank holding a Deposit Account for, or from a Securities Intermediary or Commodities Intermediary issuing or holding any Financial Assets or commodities to or for, such Grantor, in a form that satisfies the requirements of Section 9-104(a)(2) of the New York UCC and otherwise in form and substance satisfactory to the Administrative Agent.