Common use of Dominion and Control Clause in Contracts

Dominion and Control. In the event that the Borrower Accounts are not considered “deposit accounts” (each as defined in the UCC) under Applicable Law or a security interest cannot be granted and perfected in the Borrower Accounts under the UCC, then the Accounts and all property deposited therein shall be deemed under the dominion and control of Agent and Borrower agrees that, subject to the terms of any applicable Control Agreements, Depositary will be permitted to act and will be deemed to be acting as Agent’s agent in respect of the Borrower Accounts for the purpose of maintaining such dominion and control for the purpose of the creation and perfection of security interests in favor of Agent.

Dominion and Control. In the event that the Borrower Accounts are not considered “securities accounts” or “deposit accounts” (each as defined in the UCC) under Applicable Law applicable Legal Requirements or a security interest cannot be granted and perfected in the Borrower Accounts under the UCC, then the Accounts and all property deposited therein shall be deemed under the dominion and control of Collateral Agent (except as provided herein and Borrower agrees that, subject to in the terms of any applicable Energy Hedge Provider Control Agreements, Agreement) and Depositary will be permitted to act and will be deemed to be acting as Collateral Agent’s agent in respect of the Borrower Accounts for the purpose of maintaining such dominion and control for the purpose of the creation and perfection of security interests in favor of Collateral Agent.

Dominion and Control. In the event that the Borrower Accounts are not considered “securities accounts” or “deposit accounts” (each as defined in the UCC) under Applicable Law applicable Legal Requirements or a security interest cannot be granted and perfected in the Borrower Accounts under the UCC, then the Accounts and all property deposited therein shall be deemed under the dominion and control of the Administrative Agent (except as provided in the CS Control Agreement) and Borrower agrees that, subject to the terms of any applicable Control Agreements, Depositary Securities Intermediary will be permitted to act and will be deemed to be acting as the Administrative Agent’s agent in respect of the Borrower Accounts for the purpose of maintaining such dominion and control for the purpose of the creation and perfection of security interests in favor of the Administrative Agent.