Common use of DACA Clause in Contracts

DACA. The Obligations shall be secured by a Deposit Account Control Agreement of even date herewith among ALLR Holdings, the Bank (as defined in the DACA), and Investor (the “DACA”), the Deposit Account (as defined in the DACA), and the funds held therein pursuant to the DACA. ALLR Holdings 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. ALLR Holdings 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. ALLR Holdings acknowledges and agrees that Investor is authorized to deliver a Lender Instruction Notice (as defined in the DACA) to the Bank directing the disposition of the funds held in the Deposit Account: (a) upon the occurrence of a Trigger Event (as defined in the Notes); or (b) upon Investor’s receipt of a notice from Company pursuant to Section 4(viii) of the Purchase Agreement (or otherwise becoming aware of an action described therein). Upon sending a Lender Instruction Notice, 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 (the “DACA”) of even date herewith among ALLR HoldingsGuarantor, the Bank (as defined in the DACA)Investor and Lakeside Bank, and Investor an Illinois banking corporation (the “DACABank”), the Deposit Account (as defined in the DACA), and the funds held therein pursuant to the DACA. ALLR Holdings 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. ALLR Holdings 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. ALLR Holdings Guarantor acknowledges and agrees that Investor is authorized to deliver send a Lender Instruction Notice (as defined in the DACA) to the Bank directing the disposition of the funds held in the Deposit Account: (a) upon the occurrence of a Trigger an Event of Default (as defined in the NotesNote); or (b) upon Investor’s receipt of a notice from Company pursuant to Section 4(viii4(vii) of the Purchase Agreement (or otherwise becoming aware of an action described therein). Upon sending a Lender Instruction Notice, 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.