Common use of DACA Clause in Contracts

DACA. The Obligations shall be secured by the Deposit Account (as defined in the Purchase Agreement) and the funds held therein pursuant to the DACA (as defined in the Purchase Agreement). Guarantor hereby grants to Investor a first-position security interest in and lien on the Deposit Account and the funds held in the Deposit Account and acknowledges and agrees that Investor will have the right to file a UCC-1 Financing Statement with respect to the Deposit Account. Guarantor acknowledges and agrees that Investor will have control over the Deposit Account within the meaning of Section 9-104 of the Uniform Commercial Code pursuant to the terms of the DACA. Guarantor acknowledges and agrees that Investor is authorized to send a Lender Instruction Notice (as defined in the DACA) to the Bank (as defined in the DACA) directing the disposition of the funds held in the Deposit Account: (a) upon the occurrence of an Event of Default (as defined in the Pre-Paid Purchase); and (b) upon Investor’s receipt of a notice from Company pursuant to Section 4(ix) of the Purchase Agreement (or otherwise becoming aware of an action described therein). Upon sending a Lender Instruction Notice, Lender will have the right without further notice or demand, to apply all or any portion of the funds held in the Deposit Account to the Obligations.

DACA. The Obligations shall be secured by a Deposit Account Control Agreement of even date herewith among Guarantor, Investor and Lakeside Bank (the “DACA”), the Deposit Account (as defined in the Purchase AgreementDACA) and the funds held therein pursuant to the DACA (as defined in the Purchase Agreement)DACA. Guarantor hereby grants to Investor a first-position security interest in and lien on the Deposit Account and the funds held in the Deposit Account and acknowledges and agrees that Investor will have the right to file a UCC-1 Financing Statement with respect to the Deposit Account. Guarantor acknowledges and agrees that Investor will have control over the Deposit Account within the meaning of Section 9-104 of the Uniform Commercial Code pursuant to the terms of the DACA. Guarantor acknowledges and agrees that Investor is authorized to send a Lender Instruction Notice (as defined in the DACA) to the Bank (as defined in the DACA) directing the disposition of the funds held in the Deposit Account: (a) upon the occurrence of an Event of Default (as defined in the Pre-Paid Purchase); and or (b) upon Investor’s receipt of a notice from Company pursuant to Section 4(ix2.3(i) of the Pre-Paid Purchase Agreement (or otherwise becoming aware of an action described therein). Upon sending a Lender Instruction Notice, Lender Investor will have the right without further notice or demand, to apply all or any portion of the funds held in the Deposit Account to the Obligations.

DACA. The Obligations shall be secured by a Deposit Account Control Agreement of even date herewith among Guarantor, Investor and Lakeside Bank, an Illinois banking corporation (the “DACA”), the Deposit Account (as defined in the Purchase Agreement) DACA), and the funds held therein pursuant to the DACA (as defined in the Purchase Agreement)DACA. Guarantor hereby grants to Investor a first-position security interest in and lien on the Deposit Account and the funds held in the Deposit Account and acknowledges and agrees that Investor will have the right to file a UCC-1 Financing Statement with respect to the Deposit Account. Guarantor acknowledges and agrees that Investor will have control over the Deposit Account within the meaning of Section 9-104 of the Uniform Commercial Code pursuant to the terms of the DACA. Guarantor acknowledges and agrees that Investor is authorized to send a Lender Instruction Notice (as defined in the DACA) to the Bank (as defined in the DACA) directing the disposition of the funds held in the Deposit Account: (a) upon the occurrence of an Event of Default (as defined in the Pre-Paid PurchaseNote); and or (b) upon Investor’s receipt of a notice from Company pursuant to Section 4(ix4(vii) of the Purchase Agreement (or otherwise becoming aware of an action described therein). Upon sending a Lender Instruction Notice, Lender Investor will have the right without further notice or demand, to apply all or any portion of the funds held in the Deposit Account to the Obligations.

DACA. The Obligations shall be secured by a Deposit Account Control Agreement of even date herewith among Guarantor, Investor and [***] (the “DACA”), the Deposit Account (as defined in the Purchase AgreementDACA) and the funds held therein pursuant to the DACA (as defined in the Purchase Agreement)DACA. Guarantor hereby grants to Investor a first-position security interest in and lien on the Deposit Account and the funds held in the Deposit Account and acknowledges and agrees that Investor will have the right to file a UCC-1 Financing Statement with respect to the Deposit Account. Guarantor acknowledges and agrees that Investor will have control over the Deposit Account within the meaning of Section 9-104 of the Uniform Commercial Code pursuant to the terms of the DACA. Guarantor acknowledges and agrees that Investor is authorized to send a Lender Instruction Notice (as defined in the DACA) to the Bank (as defined in the DACA) directing the disposition of the funds held in the Deposit Account: (a) upon the occurrence of an Event of Default (as defined in the Pre-Paid Purchase); and or (b) upon Investor’s receipt of a notice from Company pursuant to Section 4(ix2.3(i) of the Pre-Paid Purchase Agreement (or otherwise becoming aware of an action described therein). Upon sending a Lender Instruction Notice, Lender Investor will have the right without further notice or demand, to apply all or any portion of the funds held in the Deposit Account to the Obligations.