Securities Accounts and Commodity Accounts Clause Samples
The 'Securities Accounts and Commodity Accounts' clause defines the rules and obligations related to accounts that hold securities or commodities on behalf of a party. It typically outlines how such accounts are established, maintained, and operated, including the rights of the account holder and the responsibilities of the financial institution or broker managing the account. For example, it may specify procedures for deposits, withdrawals, or transfers of securities and commodities, and address issues like account statements or access to account information. The core function of this clause is to ensure clarity and legal certainty regarding the management and control of these specialized financial accounts, thereby reducing the risk of disputes between parties.
Securities Accounts and Commodity Accounts. (i) No Grantor has consented to, nor is otherwise aware of, any other Person (other than the Collateral Agent pursuant hereto) having Control over any Securities Account or Commodities Account. From and after the date hereof, Grantor shall establish or maintain any Securities Account or Commodity Account with any Securities Intermediary or Commodity Intermediary (other than Securities Accounts and Commodity Accounts with respect to which the aggregate value of Investment Property, Commodity Contracts and other property contained therein does not, when combined with the aggregate amount deposited in Deposit Accounts with respect to which no Control Agreement has been delivered in reliance on clause (iii) of subsection (b) above, does not exceed $50,000) unless (1) it shall have given the Collateral Agent 10 days’ prior written notice of its intention to establish such Securities Account or Commodity Account with such Securities Intermediary or Commodity Intermediary and (2) such Securities Intermediary or Commodity Intermediary, as the case may be, and such Grantor shall have duly executed and delivered a Control Agreement with respect to such Securities Account or Commodity Account, as the case may be. The Collateral Agent agrees with each Grantor that the Collateral Agent shall not give any Entitlement Orders or instructions or directions to any issuer of uncertificated securities, Securities Intermediary or Commodity 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. The provisions of this Section 5.11(c) shall not apply to any Financial Assets credited to a Securities Account for which the Collateral Agent is the Securities Intermediary. No Grantor shall grant Control over any Investment Property to any person other than the Collateral Agent.
(ii) As between the Secured Parties and the Grantors, the Grantors shall bear the investment risk with respect to all Investment Property constituting part of the Collateral and the risk of loss of, damage to, or the destruction of such Investment Property and any Commodity Contract or Commodity Account, whether in the possession of, or maintained as a Security Entitlement or deposit by, or subject to the Control of, the Collateral Agent, a Securities Intermediary, a Commodity Intermediary, any Grantor or any o...
Securities Accounts and Commodity Accounts. As of the date hereof, no Grantor has any Securities Accounts or Commodity Accounts other than those listed in Schedule 3.09 hereto.
Securities Accounts and Commodity Accounts. No Pledgor shall grant Control over any Investment Property to any person other than the Administrative Agent, the Collateral Agent or any Applicable Collateral Agent (as defined under the Intercreditor Agreement).
Securities Accounts and Commodity Accounts. Securities Account #*** in the name of Coldwater Creek Inc. (“Customer”) maintained with Wells Fargo Brokerage Services, LLC (“Intermediary”), which will become subject to a Securities Account Control Agreement, by and among Customer, Intermediary and Collateral Agent, as a post-closing requirement under the Credit Agreement.
Securities Accounts and Commodity Accounts. Except as listed on Schedule 13 attached hereto and made a part hereof, Schedule 13 of the Prior Perfection Certificate sets forth a true and complete list of all Deposit Accounts, Securities Accounts and Commodity Accounts (each as defined in the Security Agreement) maintained by the Company, Parent and each of the Company’s domestic Subsidiaries, including the name of each institution where each such account is held, the name of each such account and the name of each entity that holds each account.
Securities Accounts and Commodity Accounts. None. None. OWNER PATENT NUMBER DESCRIPTION ARC Group Worldwide, Inc. 5,829,121 Patented process used to manufacture certain of our flat planar antennas ARC Group Worldwide, Inc. 5,995,059 Antennas from coaxial cable ARC Group Worldwide, Inc. D408,415 Conformal antenna for a satellite dish ARC Group Worldwide, Inc. 5,793,336 Conformal antenna assemblies ARC Group Worldwide, Inc. 6,218,991 Compact planar inverted F antenna suited for remote wireless metering ARC Group Worldwide, Inc. 6,421,014 Compact dual narrow band microstrip antenna particularly suited for remote wireless metering ARC Group Worldwide, Inc. 6,577,276 Low cross-polarization microstrip patch radiator ARC Group Worldwide, Inc. 6,768,461 Freedom Antenna® ARC Group Worldwide, Inc. 6,788,258 Partially Shared Antenna Aperture ARC Group Worldwide, Inc. 6,885,350 Microstrip Fed Log antenna ARC Group Worldwide, Inc. 7,064,729 Omni-Dual Band Antenna & System ARC Group Worldwide, Inc. 8,014,157 Circuit board mounting system ARC Group Worldwide, Inc. 7,950,960 Pressed in cable transition and method ARC Group Worldwide, Inc. 4,914,445 Microstrip Antennas and Multiple Radiator Array Antennas ARC Group Worldwide, Inc. 5,363,114 Planar Serpentine Antennas ARC Group Worldwide, Inc. 6,421,014 Company Dual Narrow Band Microstrip Antenna ARC Group Worldwide, Inc. 8,362,969 Adjustable Antenna Baffling System ARC Group Worldwide, Inc. 5,905,465 Antenna System for Mobile Communication Applications ARC Group Worldwide, Inc. 6,121,929 Antenna System ARC Group Worldwide, Inc. 6,239,751 Low Profile Tunable Antenna ARC Group Worldwide, Inc. 6,414,636 Radio Frequency Connector for Reducing Passive Inter-Modulation Effects 40 Flomet LLC 5,848,350 Nickel-Free Stainless Steel Alloy Procesible Through Metal Injection Molding Techniques to Produce Articles Intended For Use In Contact With The Human Body Tekna Seal LLC 5,726,854 Voltage Arrestor For Use With Delicate Electronic Components Tekna Seal LLC 5,768,083 Method of Suppressing Electrostatic Energy in Glass-To- Metal Hermetic Seal Devices ARC Group Worldwide, Inc. 20110138614 Pressed In Cable Transition Method Licenses: None Registrations: None. Applications: None. Licenses: None. ARC Group Worldwide, Inc.1 Reg #2919769 OMNIBASE® ARC Group Worldwide, Inc. Reg # 2983834 PARITY® ARC Group Worldwide, Inc. Reg #3604882 ARC VLPA® ARC Group Worldwide, Inc. Reg #3542067 FREEDOM BLADE® ARC Group Worldwide, Inc. Reg #4095525 Overlapping arc design in our logo Flomet LLC Reg ...
Securities Accounts and Commodity Accounts. Each Pledgor hereby represents and warrants that (i) as of the date hereof, it has neither opened nor maintains any Securities Accounts or Commodity Accounts other than those listed on Schedule 16 to the Perfection Certificate, (ii) such Pledgor and each applicable Securities Intermediary or Commodity Intermediary has executed and delivered a Securities Account Control Agreement or Commodity Account Control Agreement, as applicable, for each Securities Account or Commodity Account of such Pledgor listed on Schedule 16 to the Perfection Certificate, (iii) the Collateral Agent has a valid and enforceable perfected first priority security interest (subject to Permitted Liens) in each such Securities Account and Commodity Account by Control, and (iv) it does not hold, own or have any interest in any certificated securities or uncertificated securities other than those constituting Pledged Securities and those maintained in Securities Accounts or Commodity Accounts listed on Schedule 16 of the Perfection Certificate or in respect of which the Collateral Agent has Control.
Securities Accounts and Commodity Accounts. As of the date hereof, no Pledgor has any Securities Accounts or Commodity Accounts other than those listed in Schedule 13 to the Perfection Certificate. As of the date hereof, the Administrative Agent has a first priority security
Securities Accounts and Commodity Accounts. Each Grantor shall use commer- cially reasonable efforts to enter into and cause the applicable Securities Intermediary or Com- modity Intermediary to enter into a Control Agreement with the Collateral Agent with respect to each Securities Account or Commodity Account listed in Schedule VI hereto (other than Exclud- ed Accounts). The Collateral Agent shall have a first priority security interest in each such Secu-
Securities Accounts and Commodity Accounts. (i) As of the date hereof, no Grantor has any Securities Accounts or Commodity Accounts other than those listed in Schedule 12 to the Perfection Certificate. Upon the execution of a Control Agreement with respect to any Securities Account or Commodity Account constituting a Borrowing Base Account, the Administrative Agent will have a first priority security interest (subject only to Applicable Permitted Liens) therein, which security interest will be perfected by Control. No Grantor shall grant Control over any Investment Property to any person other than the Administrative Agent.
(ii) As between the Administrative Agent and the Grantors, the Grantors shall bear the investment risk with respect to the Investment Property and Pledged Securities, and the risk of loss of, damage to, or the destruction of the Investment Property and Pledged Securities, whether in the possession of, or maintained as a Security Entitlement or deposit by, or subject to the Control of, the Administrative Agent, a Securities Intermediary, a Commodity Intermediary, any Grantor or any other person.