Control of the Accounts. The Statement of Facts is incorporated herein by reference. The Bank represents that it is a "bank". The Company and the Bank acknowledge that each Account is a "deposit account". Each party to this Agreement acknowledges that this Agreement is an "authenticated" record and that the arrangements established under this Agreement constitute "control" of each Account. Each of these terms is used in this Agreement as defined in Article 9 of the Uniform Commercial Code as adopted by the State of [____________] (the "[State] UCC").
Appears in 1 contract
Control of the Accounts. (a) The Statement of Facts is incorporated herein by reference. The Bank represents that it is a "“bank"”. The Company SPV and the Bank acknowledge that each Account is a "“deposit account"”. Each party to this Agreement acknowledges that this Agreement is an "“authenticated" ” record and that the arrangements established under this Agreement constitute "“control" ” of each Account. Each of these terms is used in this Agreement as defined in Article 9 of the Uniform Commercial Code as adopted by the State of [____________] (the "[State] UCC").each
Appears in 1 contract
Sources: Waiver Agreement (Tronox Inc)