Examples of Controlled Account Agreements in a sentence
Buyer shall have sole dominion and control (including, without limitation, “control” within the meaning of Section 9-104(a)(2) of the UCC) over the Waterfall Account, and Buyer shall have “control” within the meaning of Section 9-104(a)(2) of the UCC over the Servicer Account, in each case pursuant to the terms of separate Controlled Account Agreements.
So long as any deposit accounts, disbursement accounts, investment accounts and lockbox accounts of the Loan Parties that are subject to Controlled Account Agreements as of the Closing Date remain open (each such deposit account, disbursement account, investment account and lockbox account, a “Controlled Account”, and each such Controlled Account Agreement, an “Existing Controlled Account Agreement”), the Loan Parties shall keep such Existing Controlled Account Agreements in place.
With respect to the protective security interest granted by Seller in Section 11.01, upon the delivery of the Confirmations and the Purchased Asset Documents to Custodian, the execution and delivery of the Controlled Account Agreements and the filing of the UCC financing statements as provided herein, such security interest shall be a valid first priority perfected security interest to the extent such security interest can be perfected by possession, filing or control under the UCC.
Seller shall maintain the Custodial Agreement and Controlled Account Agreements in full force and effect.
Each Grantor shall establish and maintain Controlled Account Agreements with Agent and the applicable Controlled Account Bank, in form and substance reasonably acceptable to Agent.
The Borrowers shall cause each of the Controlled Account Agreements governing any Collateral Accounts to be amended to provide for springing dominion by the Agent over all assets deposited therein in accordance with the provisions of the Credit Agreement as amended hereby, each such amendment to be in form and substance reasonably acceptable to the Agent.
The Agent may release to the Borrower or any of its Domestic Subsidiaries (and its Foreign Subsidiaries, if required to maintain Controlled Account Agreements in respect of its Deposit Accounts by Section 5(g)(ii)) such portions of such reserves and proceeds as the Agent may determine.
Should any Lender or the Issuing Bank obtain possession of any such Collateral, subject to the limitations set forth in the Controlled Account Agreements, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent or in accordance with the Administrative Agent’s instructions.
The Collateral Agent acknowledges and reaffirms is obligations pursuant to Section 11(e) of the Security Agreement (as defined in the April SPA) upon the Payment in Full (as defined in the Security Agreement) of the Obligations (as defined in the Security Agreement), including, without limitation, the release of liens in connection therewith and the termination of the Controlled Account Agreements).
The Agent shall have received the Facility Documents (including this Agreement, the Notes, the Security and Pledge Agreement, the Trademark Security Agreement and Controlled Account Agreements for each account (other than the Initial Accounts as defined in the Security and Pledge Agreement) listed on Schedule III to the Security and Pledge Agreement under the heading "Deposit Accounts"), duly executed by each of the parties thereto, and in full force and effect.