Common use of Control Agreements Clause in Contracts

Control Agreements. Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 and, if to another securities intermediary, unless each of Borrower, Lender, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower without the prior written consent of Lender. Upon the occurrence and during the continuance of a Default or Event of Default, Lender may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the Lender's Account.

Appears in 8 contracts

Sources: Loan and Security Agreement (I Link Inc), Loan and Security Agreement (Equifin Inc), Loan and Security Agreement (Brio Software Inc)

Control Agreements. Each Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 and, if to another securities intermediary, unless each of the applicable Borrower, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower Borrowers without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or Event of Default, Lender Agent may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the LenderAgent's Account.

Appears in 8 contracts

Sources: Loan and Security Agreement (Hudson Highland Group Inc), Loan and Security Agreement (Hudson Highland Group Inc), Loan and Security Agreement (Big Dog Holdings Inc)

Control Agreements. Each Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 and, if to another securities intermediary, unless each of the applicable Borrower, Lender, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower Borrowers without the prior written consent of Lender. Upon the occurrence and during the continuance of a Default or Event of Default, Lender may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the Lender's Account.

Appears in 4 contracts

Sources: Loan Agreement (Synalloy Corp), Loan and Security Agreement (Futurelink Corp), Loan and Security Agreement (Cray Inc)

Control Agreements. Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section SECTION 7.19 and, if to another securities intermediary, unless each of Borrower, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or Event of Default, Lender Agent may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the LenderAgent's Account.

Appears in 3 contracts

Sources: Loan and Security Agreement (Foster Wheeler LTD), Loan and Security Agreement (HPSC Inc), Loan and Security Agreement (HPSC Inc)

Control Agreements. Each Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 and, if to another securities intermediary, unless each of the applicable Borrower, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower Borrowers without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or an Event of Default, Lender Agent may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the Lender's Agent’s Account.

Appears in 3 contracts

Sources: Term Loan and Security Agreement (Cellstar Corp), Loan and Security Agreement (Cellstar Corp), Loan and Security Agreement (Mercator Software Inc)

Control Agreements. Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 and, if to another securities intermediary, unless each of Borrower, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or Event of Default, Lender Agent may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the LenderAgent's Account.

Appears in 3 contracts

Sources: Loan and Security Agreement (En Pointe Technologies Inc), Loan and Security Agreement (Leapfrog Enterprises Inc), Loan and Security Agreement (Northland Cranberries Inc /Wi/)

Control Agreements. Borrower Each Company agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 and, if to another securities intermediary, unless each of Borrowerthe applicable Company, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower Companies without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or Event of Default, Lender Agent may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the Lender's Agent’s Account.

Appears in 3 contracts

Sources: Loan and Security Agreement (Telos Corp), Loan and Security Agreement (Telos Corp), Loan and Security Agreement (Telos Corp)

Control Agreements. Borrower Each Obligor agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 7.24 and, if to another securities intermediary, unless each of Borrowersuch Obligor, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property investment property shall be modified by Borrower an Obligor without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or Event of Default, Lender Agent may notify any securities intermediary to liquidate or transfer the applicable Securities Account or any related Investment Property investment property maintained or held thereby and remit the proceeds thereof to the Lender's Agent Account.

Appears in 2 contracts

Sources: Loan and Security Agreement (Guitar Center Inc), Loan and Security Agreement (Guitar Center Inc)

Control Agreements. Each Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 and, if to another securities intermediary, unless each of the applicable Borrower, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property of Borrowers shall be modified by Borrower Borrowers without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or Event of Default, Lender Agent may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the LenderAgent's Account.

Appears in 2 contracts

Sources: Loan and Security Agreement (U Haul International Inc), Loan and Security Agreement (Amerco /Nv/)

Control Agreements. Borrower hereby agrees that it will not transfer ------------------ assets out of any Securities Accounts other than as permitted under Section 7.19 7.22 ------------ and, if to another securities intermediary, unless each of Borrower, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property investment property shall be modified by Borrower without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or Event of Default, Lender Agent may notify any securities intermediary to liquidate or transfer the applicable Securities Account or any related Investment Property investment property maintained or held thereby and remit the proceeds thereof to the LenderAgent's Account.

Appears in 2 contracts

Sources: Loan and Security Agreement (System Software Associates Inc), Loan and Security Agreement (System Software Associates Inc)

Control Agreements. Each Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section SECTION 7.19 and, if to another securities intermediary, unless each of the applicable Borrower, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower Borrowers without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or Event of Default, Lender Agent may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the LenderAgent's Account.

Appears in 2 contracts

Sources: Loan and Security Agreement (Peregrine Systems Inc), Loan and Security Agreement (Frontstep Inc)

Control Agreements. Each Borrower agrees that it will not transfer ------------------ assets out of any Securities Accounts other than as permitted under Section 7.19 ------------ and, if to another securities intermediary, unless each of the applicable Borrower, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower Borrowers without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or Event of Default, Lender Agent may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the LenderAgent's Account.

Appears in 1 contract

Sources: Loan and Security Agreement (Hologic Inc)

Control Agreements. Each Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 7.17 and, if to another securities intermediary, unless each of the applicable Borrower, Lender, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower Borrowers without the prior written consent of Lender. Upon the occurrence and during the continuance of a Default or Event of Default, Lender may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the Lender's Account.

Appears in 1 contract

Sources: Loan and Security Agreement (Kroll Inc)

Control Agreements. Each Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section SECTION 7.19 and, if to another securities intermediary, unless each of the applicable Borrower, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement, if such a Control Agreement is required by Agent. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower Borrowers without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or an Event of Default, Lender Agent may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the LenderAgent's Account.

Appears in 1 contract

Sources: Loan and Security Agreement (Ultimate Electronics Inc)

Control Agreements. Borrower Each Obligor agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 7.3 and, if to another securities intermediary, unless each of Borrowerthe applicable Obligor, Lender, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower Obligors without the prior written consent of Lender. Upon the occurrence and during the continuance of a Default or Event of Default, Lender may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to such account of the Lender's AccountLender as Lender may specify.

Appears in 1 contract

Sources: Security Agreement (Mercury Air Group Inc)

Control Agreements. Borrower agrees that it will not transfer assets ------------------ out of any Securities Accounts other than as permitted under Section 7.19 5-29 and, if to another securities intermediary, unless each of Borrower, Lender, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower without the prior written consent of Lender. Upon the occurrence and during the continuance of a Default or Event of Default, Lender may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the Lender's Account.

Appears in 1 contract

Sources: Loan and Security Agreement (National Home Centers Inc)

Control Agreements. Borrower agrees that it will not transfer assets ------------------ out of any Securities Accounts other than as permitted under Section 7.19 and, ------------ if to another securities intermediary, unless each of Borrower, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or Event of Default, Lender Agent may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the LenderAgent's Account.

Appears in 1 contract

Sources: Loan and Security Agreement (DSG International LTD)

Control Agreements. Each Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 SECTION 7.17 and, if to another securities intermediary, unless each of such Borrower, the Lender, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by any Borrower without the prior written consent of the Lender. Upon the occurrence and during the continuance of a Default or an Event of Default, the Lender may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the Lender's Account.

Appears in 1 contract

Sources: Loan and Security Agreement (Zanett Inc)

Control Agreements. Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 7.22 and, if to another securities intermediary, unless each of Borrower, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property investment property shall be modified by Borrower without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or an Event of Default, Lender Agent may notify any securities intermediary to liquidate or transfer the applicable Securities Account or any related Investment Property investment property maintained or held thereby and remit the proceeds thereof to the Lender's Agent Account.

Appears in 1 contract

Sources: Loan and Security Agreement (Aureal Semiconductor Inc)

Control Agreements. Each Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 7.18 and, if to another securities intermediary, unless each of the applicable Borrower, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement, if such a Control Agreement is required by Agent. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower Borrowers without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or an Event of Default, Lender Agent may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the Lender's Agent’s Account. No arrangement contemplated hereby or by any Control Agreement or Blocked Account Agreement shall be modified by Borrower without the prior written consent of Agent.

Appears in 1 contract

Sources: Loan and Security Agreement (Ultimate Electronics Inc)

Control Agreements. Each Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 and, if to another securities intermediary, unless each of the applicable Borrower, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower Borrowers without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or Event of Default, Lender Agent may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the Lender's Agent’s Account.

Appears in 1 contract

Sources: Loan and Security Agreement (Metalico Inc)

Control Agreements. Each Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section SECTION 7.19 and, if to another securities intermediary, unless each of the applicable Borrower, Lender, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower Borrowers without the prior written consent of Lender. Upon the occurrence and during the continuance of a Default or Event of Default, Lender may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the Lender's Account.

Appears in 1 contract

Sources: Loan and Security Agreement (Synavant Inc)

Control Agreements. Borrower Each Company agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 and, if to another securities intermediary, unless each of Borrowerthe applicable Company, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower Companies without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or an Event of Default, Lender Agent may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the LenderAgent's Account.

Appears in 1 contract

Sources: Loan and Security Agreement (Alpine Group Inc /De/)

Control Agreements. Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 and, if to another securities intermediary, unless each of Borrower, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property of Borrower shall be modified by Borrower without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or Event of Default, Lender Agent may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the LenderAgent's Account.

Appears in 1 contract

Sources: Loan and Security Agreement (Communications & Power Industries Inc)

Control Agreements. Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 and, if to another securities intermediary, unless each of Borrower, Lender, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower without the prior written consent of Lender. Upon the occurrence and during the continuance of a Default or an Event of Default, Lender may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the Lender's ’s Account.

Appears in 1 contract

Sources: Loan and Security Agreement (RMH Teleservices Inc)

Control Agreements. Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 and, if to another securities intermediary, unless each of Borrower, Lender, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower in a manner adverse to Lender without the prior written consent of Lender. Upon the occurrence and during the continuance of a Default or an Event of Default, Lender may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the Lender's Account’s Account to be applied to payment of the Obligations in accordance with Section 2.3(b).

Appears in 1 contract

Sources: Loan and Security Agreement (Fortegra Financial Corp)

Control Agreements. Each Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 and, if to another securities intermediary, unless each of the applicable Borrower, Lender, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or -54- other Investment Property shall be modified by Borrower Borrowers without the prior written consent of Lender. Upon the occurrence and during the continuance of a Default or Event of Default, Lender may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the Lender's Account.

Appears in 1 contract

Sources: Loan and Security Agreement (SPSS Inc)

Control Agreements. Each Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 7.18 and, if to another securities intermediary, unless each of the applicable Borrower, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower Borrowers without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or Event of Default, Lender Agent may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the LenderAgent's Account.

Appears in 1 contract

Sources: Loan and Security Agreement (Mercury Air Group Inc)

Control Agreements. Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 7.13 and, if to another securities intermediary, unless each of Borrower, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or an Event of Default, Lender Agent may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the LenderAgent's Account.

Appears in 1 contract

Sources: Loan and Security Agreement (Orbital Sciences Corp /De/)

Control Agreements. Each Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 7.21 and, if to another securities intermediary, unless each of such Borrower, LenderCollateral Agent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property investment property shall be modified by a Borrower without the prior written consent of LenderAgent. Upon the occurrence of and during the continuance continuation of a Default or an Event of Default, Lender Collateral Agent may notify any securities intermediary to liquidate or transfer the applicable Securities Account or any related Investment Property investment property maintained or held thereby and remit the proceeds thereof to the LenderAgent's Account.

Appears in 1 contract

Sources: Loan Agreement (Philip Services Corp/De)

Control Agreements. Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 and, if to another securities intermediary, unless each of Borrower, Lender, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower without the prior written consent of Lender. Upon the occurrence and during the continuance of a Default or Event of Default, Lender may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the Lender's Account.

Appears in 1 contract

Sources: Loan and Security Agreement (Special Devices Inc /De)

Control Agreements. Each Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 7.17 and, if to another securities intermediary, unless each of such Borrower, the Lender, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by any Borrower without the prior written consent of the Lender. Upon the occurrence and during the continuance of a Default or an Event of Default, the Lender may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the Lender's Account.

Appears in 1 contract

Sources: Loan and Security Agreement (Zanett Inc)

Control Agreements. Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 and, if to another securities intermediary, unless each of Borrower, LenderAdministrative Agent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower without the prior written consent of LenderAdministrative Agent. Upon the occurrence and during the continuance of a Event of Default or Event of Potential Default, Lender Administrative Agent may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the LenderAdministrative Agent's Account.

Appears in 1 contract

Sources: Term Loan and Security Agreement (American Real Estate Partners L P)

Control Agreements. Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section SECTION 7.19 and, if to another securities intermediary, unless each of Borrower, Lender, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control 41 Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower without the prior written consent of Lender. Upon the occurrence and during the continuance of a Default or Event of Default, Lender may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the Lender's Account.

Appears in 1 contract

Sources: Loan and Security Agreement (MRS Fields Holding Co Inc)

Control Agreements. Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 7.20 and, if to another securities intermediary, unless each of Borrower, Lender, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower without the prior written consent of Lender. Upon the occurrence and during the continuance of a Default or an Event of Default, Lender may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the Lender's Account.

Appears in 1 contract

Sources: Loan and Security Agreement (Harvey Electronics Inc)

Control Agreements. Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 and, if to another securities intermediary, unless each of Borrower, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or Event of Default, Lender Agent may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the Lender's Agent’s Account.

Appears in 1 contract

Sources: Loan and Security Agreement (BGF Industries Inc)

Control Agreements. Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 7.13 and, if to another securities intermediary, unless each of Borrower, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or an Event of Default, Lender Agent may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the Lender's Agent’s Account.

Appears in 1 contract

Sources: Loan and Security Agreement (Orbital Sciences Corp /De/)

Control Agreements. Each Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 7.23 and, if to another securities intermediary, unless each of such Borrower, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property investment property shall be modified by any Borrower without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or Event of Default, Lender Agent may notify any securities intermediary to liquidate or transfer the applicable Securities Account or any related Investment Property investment property maintained or held thereby and remit the proceeds thereof to the Lender's Agent Account.

Appears in 1 contract

Sources: Loan and Security Agreement (General Datacomm Industries Inc)

Control Agreements. Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 and, if to another securities intermediary, unless each of the applicable Borrower, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or Event of Default, Lender Agent may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the LenderAgent's Account.

Appears in 1 contract

Sources: Loan and Security Agreement (Big Dog Holdings Inc)

Control Agreements. Each Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 and, if to another securities intermediary, unless each of the applicable Borrower, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or 42 by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower Borrowers without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or Event of Default, Lender Agent may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the LenderAgent's Account.

Appears in 1 contract

Sources: Loan and Security Agreement (Wam Net Inc)

Control Agreements. Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 and, if to another securities intermediary, unless each of Borrower, LenderCollateral Agent and/or Agent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower without the prior written consent of LenderCollateral Agent. Upon the occurrence and during the continuance of a Default or Event of Default, Lender Collateral Agent may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the Lender's Collateral Agent’s Account.

Appears in 1 contract

Sources: Loan and Security Agreement (Cutter & Buck Inc)

Control Agreements. Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section SECTION 7.19 and, if to another securities intermediary, unless each of Borrower, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or Event of Default, Lender Agent may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the LenderAgent's Account.

Appears in 1 contract

Sources: Loan and Security Agreement (Etoys Inc)

Control Agreements. Borrower Each Obligor agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 and, if to another securities intermediary, unless each of Borrowersuch Obligor, Lender, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower any Obligor without the prior written consent of Lender. Upon the occurrence and during the continuance of a Default or Event of Default, Lender may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the Lender's Account.

Appears in 1 contract

Sources: Loan and Security Agreement (Mikohn Gaming Corp)

Control Agreements. Each Borrower agrees that it will not transfer ------------------ assets out of any Securities Accounts other than as permitted under Section 7.19 7.18 ------------ and, if to another securities intermediary, unless each of the applicable Borrower, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower Borrowers without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or Event of Default, Lender Agent may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the LenderAgent's Account.

Appears in 1 contract

Sources: Loan and Security Agreement (Ventiv Health Inc)

Control Agreements. Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 7.22 and, if to another securities intermediary, unless each of Borrower, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property investment property shall be modified by Borrower without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or Event of Default, Lender Agent may notify any securities intermediary to liquidate or transfer the applicable Securities Account or any related Investment Property investment property maintained or held thereby and remit the proceeds thereof to the Lender's Agent Account.

Appears in 1 contract

Sources: Loan and Security Agreement (Employee Solutions Inc)

Control Agreements. Each Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 7.22 and, if to another securities intermediary, unless each of such Borrower, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property investment property shall be modified by any Borrower without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or Event of Default, Lender Agent may notify any securities intermediary to liquidate or transfer the applicable Securities Account or any related Investment Property investment property maintained or held thereby and remit the proceeds thereof to the LenderAgent's Account.

Appears in 1 contract

Sources: Loan and Security Agreement (General Datacomm Industries Inc)

Control Agreements. Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 and, if to another securities intermediary, unless each of Borrower, LenderCollateral Agent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower without the prior written consent of LenderCollateral Agent. Upon the occurrence and during the continuance of a Default or Event of Default, Lender Collateral Agent may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the Lender's Collateral Agent’s Account.

Appears in 1 contract

Sources: Loan and Security Agreement (Northland Cranberries Inc /Wi/)

Control Agreements. Each Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 7.18 and, if to another securities intermediary, unless each of the applicable Borrower, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement, if such a Control Agreement is required by Agent. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower Borrowers without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or an Event of Default, Lender Agent may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the LenderAgent's Account. No arrangement contemplated hereby or by any Control Agreement or Blocked Account Agreement shall be modified by Borrower without the prior written consent of Agent.

Appears in 1 contract

Sources: Loan and Security Agreement (Ultimate Electronics Inc)

Control Agreements. Each Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 ------------ and, if to another securities intermediary, unless each of the applicable Borrower, Lender, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower Borrowers without the prior written consent of Lender. Upon the occurrence and during the continuance of a Default or Event of Default, Lender may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the Lender's Account.

Appears in 1 contract

Sources: Loan and Security Agreement (P Com Inc)

Control Agreements. Each Borrower agrees that it will not transfer ------------------ assets out of any Securities Accounts other than as permitted under Section 7.19 ------------ and, if to another securities intermediary, unless each of the applicable Borrower, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower Borrowers without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or an Event of Default, Lender Agent may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the LenderAgent's Account.

Appears in 1 contract

Sources: Loan and Security Agreement (Cellstar Corp)

Control Agreements. Each Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 8.17 and, if to another securities intermediary, unless each of the applicable Borrower, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement, if such a Control Agreement is required by Agent. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by Borrower Borrowers without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or an Event of Default, Lender Agent may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the Lender's Agent’s Account. No arrangement contemplated hereby or by any Control Agreement or Blocked Account Agreement shall be modified by Borrower without the prior written consent of Agent.

Appears in 1 contract

Sources: Loan and Security Agreement (Ultimate Electronics Inc)

Control Agreements. Each Borrower agrees that it will not transfer assets out of any Securities Accounts other than as permitted under Section 7.19 and, if to another securities intermediary, unless each of such Borrower, LenderAgent, and the substitute securities intermediary have entered into a Control Agreement. No arrangement contemplated hereby or by any Control Agreement in respect of any Securities Accounts or other Investment Property shall be modified by any Borrower without the prior written consent of LenderAgent. Upon the occurrence and during the continuance of a Default or Event of DefaultTriggering Event, Lender Agent may notify any securities intermediary to liquidate the applicable Securities Account or any related Investment Property maintained or held thereby and remit the proceeds thereof to the LenderAgent's Account.

Appears in 1 contract

Sources: Loan and Security Agreement (Prandium Inc)