Control of the Accounts. (a) 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 3 contracts
Samples: Credit Agreement (New Century Transportation, Inc.), Credit Agreement (Osi Systems Inc), Credit Agreement (Osi Systems Inc)
Control of the Accounts. (a) 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 [ ] Florida (the “[State] Florida UCC”).
Appears in 2 contracts
Samples: Credit Agreement (Switch & Data, Inc.), Credit Agreement (Switch & Data, Inc.)
Control of the Accounts. (a) 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 [ ] New York (the “[State] New York UCC”).
Appears in 2 contracts
Samples: Security Agreement (Morgans Hotel Group Co.), Deposit Account Control Agreement (En Pointe Technologies Inc)
Control of the Accounts. (a) 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
Samples: Waiver Agreement (Tronox Inc)
Control of the Accounts. (a) 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 “authenticatedauthenticated record” 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 [ ] New York (the “[State] New York 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 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 [ ] New York (the “[State] "NY UCC”").
Appears in 1 contract
Samples: Credit and Security Agreement (Conexant Systems Inc)
Control of the Accounts. (a) 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 [ ] Florida (the “[State] "Florida 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 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 [ ] Georgia (the “[State] Georgia UCC”).
Appears in 1 contract
Samples: Recognition Agreement (Wells Timberland REIT, Inc.)
