Common use of Establishment of Securities Account Clause in Contracts

Establishment of Securities Account. The Securities Intermediary hereby confirms that (i) the Securities Intermediary has established the Securities Account specifically referenced in the definition thereof, (ii) the Securities Account is an account to which Financial Assets are or may be credited, (iii) the Securities Intermediary shall, subject to the terms of this Agreement, treat the Secured Party as entitled to exercise the rights that comprise any Financial Asset credited to the Securities Account, (iv) all property delivered to the Securities Intermediary by or on behalf of the Seller or the Secured Party for deposit to the Securities Account will promptly be credited to such Securities Account and (v) all securities or other property underlying any Financial Assets credited to the Securities Account shall be registered in the name of the Securities Intermediary, endorsed to the Securities Intermediary or in blank or credited to another securities account maintained in the name of the Securities Intermediary and in no case will any Financial Asset credited to the Securities Account be registered in the name of the Seller, payable to the order of the Seller or specifically endorsed to the Seller except to the extent the foregoing have been specially endorsed to the Securities Intermediary or in blank.

Appears in 3 contracts

Samples: Account Control Agreement, Control Agreement (Navistar Financial Corp), Account Control Agreement (Navistar Financial Corp)

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Establishment of Securities Account. The Secured Party and the Debtor do hereby appoint the Securities Intermediary as securities intermediary, and the Securities Intermediary does hereby accept the appointment as securities intermediary and agrees to act on the terms and conditions described herein. The Securities Intermediary hereby confirms that (i) the Securities Intermediary has established the Securities Account specifically referenced account number 0000000000 in the definition thereofname “Regions Bank as Securities Intermediary for JWH Holding Company, LLC” (such account and any successor account the “Securities Account”), (ii) the Securities Account is an account to which Financial Assets are or may be crediteda “securities account” as such term is defined in §8-501(a) of the UCC, (iii) the Securities Intermediary shall, subject to the terms of this Agreement, treat the Secured Party Debtor as entitled to exercise the rights that comprise any Financial Asset financial asset credited to the Securities Accountaccount, (iv) all property delivered to the Securities Intermediary by or on behalf of pursuant to the Seller or the Secured Party for deposit Security Agreement will be promptly credited to the Securities Account will promptly be credited to such Securities Account Account, and (v) all securities or other property underlying any Financial Assets financial assets credited to the Securities Account shall be registered in the name of the Securities Intermediary, endorsed to the Securities Intermediary or in blank or credited to another securities account maintained in the name of the Securities Intermediary and in no case will any Financial Asset financial asset credited to the Securities Account be registered in the name of the SellerDebtor, payable to the order of the Seller Debtor or specifically specially endorsed to the Seller Debtor except to the extent the foregoing have been specially endorsed to the Securities Intermediary or in blank.

Appears in 2 contracts

Samples: Securities Account Control Agreement (Hanover Capital Mortgage Holdings Inc), Securities Account Control Agreement (Hanover Capital Mortgage Holdings Inc)

Establishment of Securities Account. The Securities Intermediary hereby confirms that (i) the Securities Intermediary has established those accounts set forth on Schedule 1 attached hereto (such accounts and any successor accounts the Securities Account specifically referenced in the definition thereof"Accounts"), (ii) the Securities each Account is an account to which Financial Assets are or may be crediteda "securities account" as such term is defined in Section 8-501(a) of the UCC, (iii) the Securities Intermediary shall, subject to the terms of this Agreement, treat the Secured Party Debtor as entitled to exercise the rights that comprise any Financial Asset financial asset credited to the Securities AccountAccounts, (iv) all property delivered to the Securities Intermediary by or on behalf of the Seller or the Secured Party for deposit pursuant to the Securities Deposit Account Agreement, or any other Subsidiary Financing Document will be promptly be credited to such Securities Account the Accounts, and (v) all securities or other property underlying any Financial Assets financial assets credited to the Securities Account Accounts shall be registered in the name of the Securities Intermediary, endorsed indorsed to the Securities Intermediary or in blank or credited to another securities account maintained in the name of the Securities Intermediary and in no case will any Financial Asset financial asset credited to the Securities any Account be registered in the name of the SellerDebtor, payable to the order of the Seller Debtor or specifically endorsed specially indorsed to the Seller Debtor except to the extent the foregoing have been specially endorsed indorsed to the Securities Intermediary or in blank.

Appears in 1 contract

Samples: Credit Agreement (Orion Power Holdings Inc)

Establishment of Securities Account. The Securities Intermediary hereby confirms that (i) the Securities Intermediary has established the Securities Account Accounts specifically referenced in the definition thereof, (ii) each of the Securities Account Accounts is an account to which Financial Assets are or may be credited, (iii) the Securities Intermediary shall, subject to the terms of this Agreement, treat the Secured Party as entitled to exercise the rights that comprise any Financial Asset credited to the any Securities Account, (iv) all property delivered to the Securities Intermediary by or on behalf of the Seller Borrower, the Servicer or the Secured Party for deposit to the any Securities Account will promptly be credited to such Securities Account and (v) all securities or other property underlying any Financial Assets credited to the any Securities Account shall be registered in the name of the Securities Intermediary, endorsed to the Securities Intermediary or in blank or credited to another securities account maintained in the name of the Securities Intermediary and in no case will any Financial Asset credited to the any Securities Account be registered in the name of the SellerBorrower or the Servicer, payable to the order of the Seller Borrower or specifically the Servicer or specially endorsed to the Seller Borrower or the Servicer, except to the extent the foregoing have been specially endorsed to the Securities Intermediary or in blank.

Appears in 1 contract

Samples: Loan and Security Agreement (Tesla, Inc.)

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Establishment of Securities Account. The Securities Intermediary hereby confirms that (i) the Securities Intermediary has established the Securities Account specifically referenced account number [*] in the definition thereofname FINAME/CH PLEDGE ACCOUNT, F/A/O JPMorgan Chase Bank, as Security Deposit Trustee, Ref: Security Deposit Agreement (CH-285SK) dated as of December 27, 2001, Attn: Management (such account and any successor account being referred to as the "SECURITIES ACCOUNT), (ii) the Securities Account is an account to which Financial Assets are or may be crediteda "securities account" as such term is defined in Section 8-501(a) of the UCC, (iii) the Securities Intermediary shall, subject to the terms of this Agreement, treat the Secured Party as entitled to exercise the rights that comprise any Financial Asset financial asset credited to the Securities Accountaccount, (iv) all property delivered to the Securities Intermediary by or on behalf of pursuant to the Seller or the Secured Party for deposit Security Deposit Agreement will be promptly credited to the Securities Account will promptly be credited to such Securities Account Account, and (v) all securities or other property underlying any Financial Assets financial assets credited to the Securities Account shall be registered in the name of the Securities Intermediary, endorsed indorsed to the Securities Intermediary or in blank or credited to another securities account maintained in the name of the Securities Intermediary and in no case will any Financial Asset financial asset credited to the Securities Account be registered in the name of the SellerDebtor, payable to the order of the Seller Debtor or specifically endorsed specially indorsed to the Seller Debtor except to the extent the foregoing have been specially endorsed indorsed to the Securities Intermediary or in blank.

Appears in 1 contract

Samples: Securities Account Control Agreement (Republic Airways Holdings Inc)

Establishment of Securities Account. The Securities Intermediary hereby confirms that (i) the Securities Intermediary has established those accounts set forth on Schedule1 attached hereto (such accounts and any successor accounts the Securities Account specifically referenced in the definition thereof"Accounts"), (ii) the Securities each Account is an account to which Financial Assets are or may be crediteda "securities account" as such term is defined in Section 8-501(a) of the UCC, (iii) the Securities Intermediary shall, subject to the terms of this Agreement, treat the Secured Party Debtor as entitled to exercise the rights that comprise any Financial Asset financial asset credited to the Securities AccountAccounts, (iv) all property delivered to the Securities Intermediary by or on behalf of the Seller or the Secured Party for deposit pursuant to the Securities Deposit Account Agreement, or any other Financing Document will be promptly be credited to such Securities Account the Accounts, and (v) all securities or other property underlying any Financial Assets financial assets credited to the Securities Account Accounts shall be registered in the name of the Securities Intermediary, endorsed indorsed to the Securities Intermediary or in blank or credited to another securities account maintained in the name of the Securities Intermediary and in no case will any Financial Asset financial asset credited to the Securities any Account be registered in the name of the SellerDebtor, payable to the order of the Seller Debtor or specifically endorsed specially indorsed to the Seller Debtor except to the extent the foregoing have been specially endorsed indorsed to the Securities Intermediary or in blank.

Appears in 1 contract

Samples: Partnership Interest Pledge Agreement (Orion Power Holdings Inc)

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