Existing Control Agreement definition

Existing Control Agreement means the Blocked Account Control Agreement among the Borrower, Toronto Dominion (Texas), Inc. and U.S. Bank National Association as in effect prior to the date hereof in the form attached as Exhibit A hereto.
Existing Control Agreement means (a) that certain Restricted Non-Blocked Account Agreement, dated as of July 16, 2013; among Derst Baking Company, LLC, SunTrust Bank (the “SunTrust Depositary Bank”) and Rabobank; (b) that certain Deposit Account Control Agreement, dated as of July 17, 2013, among Flowers Foods Specialty Group, LLC, SunTrust Depositary Bank and Rabobank and (c) that certain Restricted Non-Blocked Account Agreement, dated as of July 16, 2013, among Flowers Bakeries LLC, Flowers Baking Co of New Orleans, LLC, Flowers Baking Co of Thomasville, LLC, Flowers Baking Co of Batesville, LLC, Flowers Baking Co of Xxxxxx, LLC, Flowers Baking Co of El Paso, LLC, Flowers Baking Co of Houston, LLC, Flowers Baking Co of San Antonio, LLC, Flowers Baking Co of Tyler, LLC, Flowers Baking Co of Villa Rica, LLC, Holsum Bakery Inc., Bank of America, N.A. and Rabobank as amended by Amendment No. 1 dated October 9, 2018.
Existing Control Agreement means the Control and Collateral Agency Agreement dated as of September 21, 2001 among the Borrower, the Agent and the Existing Custodian, as the same may have been from time to time amended, supplemented, waived or modified.

Examples of Existing Control Agreement in a sentence

  • The Existing Control Agreement shall be superceded in its entirety by this Agreement and the Existing Agent shall have no further authority under the Existing Control Agreement to originate entitlement orders, issue a Notice of Exclusive Control or direct or instruct the Custodian with regard to the Securities Account, the Deposit Account or any of the Collateral.

  • In 1998, the parties agree that with respect to any revenue unrecovered by the ISO for Specified Charges as the result of Existing Control Agreement Service, such revenue shall be included in the amounts provided for in SABP 3.1.1.

  • This Agreement shall amend and restate the Existing Control Agreement, effective as of the date hereof.

  • With respect to the equity pledge set forth in the Equity Pledge Agreement under the Existing Control Agreement, if the pledge has been registered with the relevant administration for market regulation, the Parties shall promptly complete procedures for cancellation of the equity pledge with the relevant administration for market regulation and use their best efforts to complete the aforesaid (if there is any pledge) within 10 Business Days from the effective date of this Agreement.

  • The Security Agent, (i) on behalf of the Lenders with respect to the First Credit Agreement and (ii) on behalf of DCL with respect to the Second Credit Agreement, and each Lender covenants with FSA and the GIC Issuers that such party will not file any such financing statement until after FSA and the GIC Issuers confirm the filing of a financing statement perfecting FSA’s and the GIC Issuers’ pari passu security interests in the Collateral not previously perfected under the Existing Control Agreement.

  • This Agreement amends and restates the Existing Control Agreement, which in turn amended and restated the Original Control Agreement.

  • For any public hospital that does not qualify for the elimination of the outpatient ceilings under this provision of proviso or any other proviso listed, the public hospital shall be exempt from the outpatient reimbursement ceilings contingent on the public hospital or local governmental entity providing the required state match.

  • The Existing Control Agreement shall be superceded in its entirety by this Agreement and the Existing Agent shall have no further authority under the Existing Control Agreement to originate entitlement orders, issue a Notice of Exclusive Control or direct or instruct the Custodian with regard to the Collateral Account or any of the Collateral.

  • Prior to the Post-Closing Effective Date, the Seller shall deliver to the Buyer a fully executed Control Agreement with respect to (x) each of the Collection Account that are identified on Schedule 5 as of the date hereof that are not subject to an Existing Control Agreement and (y) each of the Collection Accounts of each New Sales Originator, in form and substance reasonably satisfactory to the Buyer.

  • The Security Agent, on behalf of the Lenders, and each Lender covenants to FSA that such party will not file any such financing statement until after FSA confirms the filing of a financing statement perfecting FSA’s security interest in the Collateral not previously perfected under the Existing Control Agreement.


More Definitions of Existing Control Agreement

Existing Control Agreement means the Control Agreement (as defined in the Existing Credit Agreement).
Existing Control Agreement means (i) that certain Securities Account Control Agreement dated as of March 15, 2022 (as amended, restated, waived, supplemented and/or otherwise modified from time to time) among the Issuer, as the debtor, U.S. Bank Trust Company, National Association, as the secured party, and U.S. Bank National Association, as the securities intermediary and (ii) that certain Deposit Account and Sweep Investment Control Agreement dated as of March 15, 2022 (as amended, restated, waived, supplemented and/or otherwise modified from time to time) among the Issuer, the Parent, U.S. Bank Trust Company, National Association, as the secured party, and Xxxxx Fargo Bank, National Association, as the bank.
Existing Control Agreement has the meaning specified in Section 10.1(c).

Related to Existing Control Agreement

  • Qualifying Control Agreement means an agreement, among a Loan Party, a depository institution or securities intermediary and the Administrative Agent, which agreement is in form and substance acceptable to the Administrative Agent and which provides the Administrative Agent with “control” (as such term is used in Article 9 of the UCC) over the deposit account(s) or securities account(s) described therein.

  • Control Agreement is any control agreement entered into among the depository institution at which Borrower maintains a Deposit Account or the securities intermediary or commodity intermediary at which Borrower maintains a Securities Account or a Commodity Account, Borrower, and Bank pursuant to which Bank obtains control (within the meaning of the Code) over such Deposit Account, Securities Account, or Commodity Account.

  • Control Agreements means, collectively, the Deposit Account Control Agreement, the Securities Account Control Agreement and the Commodity Account Control Agreement.

  • Account Control Agreement(s) means any agreement entered into by and among the Agent, Borrower and a third party Bank or other institution (including a Securities Intermediary) in which Borrower maintains a Deposit Account or an account holding Investment Property and which grants Agent a perfected first priority security interest in the subject account or accounts.

  • Account Control Agreement means the Account Control Agreement relating to the Accounts, dated as of the Closing Date, among the Borrower, the Servicer, the Administrative Agent and the Account Bank.

  • Blocked Account Control Agreement means the Cash Management Agreement among Borrower, Cash Management Account Bank and Lender providing for the exclusive control of the Cash Management Account and all other Subaccounts by Lender, substantially in the form of Exhibit A or such other form as may be reasonably acceptable to Lender, as the same may be amended, restated, replaced, supplemented or otherwise modified from time to time.

  • Deposit Account Control Agreement means an agreement, in form and substance reasonably satisfactory to the Administrative Agent, among any Loan Party, a banking institution holding such Loan Party’s funds, and the Administrative Agent with respect to collection and control of all deposits and balances held in a deposit account maintained by such Loan Party with such banking institution.

  • Deposit Account Control Agreements means, with respect to each deposit account that is required by the Collateral Agreement to be subject to a control agreement, a deposit account control agreement executed by the Borrower, the Administrative Agent as the secured party thereto, and the deposit bank, as each may be amended, restated, supplemented or otherwise modified from time to time.

  • Securities Account Control Agreement shall have the meaning ascribed thereto in the Sale and Servicing Agreement.

  • Change in Control Agreement means a written Change in Control Agreement between an employee and the Company or an Affiliate.

  • Collection Account Control Agreement means that certain Collection Account Control Agreement, to be entered into by and among the Borrower, the Lender and Bank, with respect to the Collection Account, in form and substance acceptable to the Lender and the Borrower, as the same may be amended, modified or supplemented from time to time.

  • Commodity Account Control Agreement means a control agreement in a form that is reasonably satisfactory to the Administrative Agent establishing the Administrative Agent’s Control with respect to any Commodity Account.

  • Control Account Agreement means any tri-party agreement by and among a Loan Party, the Administrative Agent and a depositary bank or securities intermediary at which such Loan Party maintains a Controlled Account, in each case in form and substance reasonably satisfactory to the Administrative Agent.

  • Deposit Account Agreement means the Deposit Account Agreement and Disclosure, as may be amended from time to time, issued by the Custodian and available on the Custodian’s internet customer portal, “xx.xxxxxxxxxxx.xxx”.

  • Blocked Account Agreement means with respect to a deposit account established by a Loan Party, an agreement, in form and substance reasonably satisfactory to the Collateral Agent, establishing control (as defined in the UCC) of such account by the Collateral Agent and whereby the bank maintaining such account agrees, upon the occurrence and during the continuance of a Dominion Trigger Event, to comply only with the instructions originated by the Collateral Agent without the further consent of any Loan Party.

  • Controlled Account Agreement has the meaning specified therefor in the Security Agreement.

  • Financial Agreement means an agreement that meets the