Common use of “Financial Assets” Election Clause in Contracts

“Financial Assets” Election. The Financial Institution hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible or cash) credited to a Collateral Account to the extent that it constitutes a securities account shall be treated as a “financial asset” within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 48 contracts

Samples: Account Control Agreement (Verizon Master Trust), Account Control Agreement (Verizon Owner Trust 2019-C), Control Agreement (Verizon Master Trust)

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“Financial Assets” Election. The Financial Institution Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a Collateral each Securities Account to the extent that it constitutes a securities account shall be treated as a “financial asset” within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 35 contracts

Samples: Control Agreement (Honda Auto Receivables 2013-3 Owner Trust), Control Agreement (Honda Auto Receivables 2015-1 Owner Trust), Control Agreement (Honda Auto Receivables 2015-3 Owner Trust)

“Financial Assets” Election. The Financial Institution Securities Intermediary hereby agrees that each item of property (whether including, without limitation, any investment property, financial asset, security, instrument, general intangible or cash) credited to a Collateral the Securities Account to the extent that it constitutes a securities account shall be treated as a “financial asset” within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 21 contracts

Samples: Pledge and Security Agreement (Greektown Superholdings, Inc.), Pledge and Security Agreement (Tumi Holdings, Inc.), Security Agreement (Oppenheimer Holdings Inc)

“Financial Assets” Election. The Financial Institution Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a Collateral Account to the extent that it constitutes a securities account Accounts shall be treated as a “financial asset” within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 19 contracts

Samples: Control Agreement (BMW Vehicle Lease Trust 2017-2), Control Agreement (BMW Vehicle Lease Trust 2017-2), Control Agreement (BMW Vehicle Lease Trust 2019-1)

“Financial Assets” Election. The Financial Institution hereby agrees parties hereto agree that each item of property (whether investment property, financial asset, security, instrument, general intangible cash or cashother property) credited to a Collateral the Account to the extent that it constitutes a securities account shall be treated as a "financial asset" within the meaning of Section Sections 8-102(a)(9) and 8-103 of the UCC.

Appears in 17 contracts

Samples: Guarantee and Security Agreement (Unova Inc), Security Agreement (Nortel Networks Corp), Security Agreement (Keystone Marketing Services Inc)

“Financial Assets” Election. The Financial Institution Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a Collateral the Reserve Account to the extent that it constitutes a securities account shall be treated as a “financial asset” within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 9 contracts

Samples: Control Agreement (Nissan-Infiniti Lt), Control Agreement (Nissan-Infiniti Lt), Control Agreement (Nissan Auto Leasing LLC Ii)

“Financial Assets” Election. The Financial Institution Securities Intermediary hereby agrees that each item of property (whether including, without limitation, any investment property, financial asset, security, instrument, general intangible or cash) credited to a Collateral the Securities Account to the extent that it constitutes a securities account shall be treated as a "financial asset" within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 9 contracts

Samples: Financing Agreement (Global Geophysical Services Inc), Pledge and Security Agreement (Belden & Blake Corp /Oh/), Pledge Agreement (Infousa Inc)

“Financial Assets” Election. The Financial Institution hereby agrees parties hereto agree that each item of property (whether investment property, financial asset, security, instrument, general intangible cash or cashother property) credited to a Collateral the Account to the extent that it constitutes a securities account shall be treated as a “financial asset” within the meaning of Section Sections 8-102(a)(9) and 8-103 of the UCC.

Appears in 9 contracts

Samples: Credit Agreement (Kindred Healthcare Inc), Abl Security Agreement (Tower Automotive, LLC), Security Agreement (American Reprographics CO)

“Financial Assets” Election. The Financial Institution Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a Collateral Account to the extent that it constitutes a securities account Reserve Fund shall be treated as a “financial asset” within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 7 contracts

Samples: Control Agreement (BMW Vehicle Lease Trust 2017-1), Control Agreement (BMW Vehicle Lease Trust 2017-1), Control Agreement (BMW Auto Leasing LLC)

“Financial Assets” Election. The Financial Institution Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a Collateral the Reserve Account to the extent that it constitutes a securities account shall be treated as a "financial asset" within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 5 contracts

Samples: Control Agreement (Nissan Auto Lease Trust 2004-A), Control Agreement (Nissan Auto Leasing LLC Ii), Control Agreement (Nissan Auto Leasing LLC Ii)

“Financial Assets” Election. The Financial Institution Securities Intermediary hereby agrees that each item of property (whether including, without limitation, all Permitted Investments and any investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a Collateral any Pledged Account to the extent that it constitutes a securities account shall be treated as a “financial asset” within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 5 contracts

Samples: Cash Management Agreement (Landmark Infrastructure Partners LP), Cash Management Agreement (Landmark Infrastructure Partners LP), Cash Management Agreement (Landmark Infrastructure Partners LP)

“Financial Assets” Election. The Financial Institution hereby agrees that each item of property (whether including, without limitation, all Permitted Investments and any investment property, financial asset, security, instrument, general intangible instrument or cash) credited to any Pledged Account that is a Collateral Securities Account to the extent that it constitutes a securities account shall be treated as a "financial asset" within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 4 contracts

Samples: Control Agreement (Wynn Resorts LTD), Control Agreement (Wynn Las Vegas LLC), Control Agreement (Wynn Resorts LTD)

“Financial Assets” Election. The Financial Institution hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to any Pledged Account that is a Collateral Securities Account to the extent that it constitutes a securities account shall be treated as a "financial asset" within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 4 contracts

Samples: Master Pledge and Security Agreement (Focal Communications Corp), Pledge and Security Agreement (Mariner Health Care Inc), Pledge and Security Agreement (Mariner Health Care Inc)

“Financial Assets” Election. The Financial Institution Custodian hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible or cash) credited to a Collateral the Securities Account to (collectively, the extent that it constitutes a securities account "Financial Assets") shall be treated as a "financial asset" within the meaning of Section 8-102(a)(9) Article 8 of the UCC.

Appears in 4 contracts

Samples: Pledge and Security Agreement (Unified Series Trust), Loan Agreement (Manager Directed Portfolios), Loan Agreement (City National Rochdale Strategic Credit Fund)

“Financial Assets” Election. The Financial Institution hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible or cash) credited to a the Collateral Account to the extent that it constitutes a securities account shall be treated as a “financial asset” within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 3 contracts

Samples: Account Control Agreement (Verizon Master Trust), Control Agreement (Verizon Master Trust), Control Agreement (Verizon Master Trust)

“Financial Assets” Election. The Financial Institution Custodian hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a Collateral Securities Account to (collectively, the extent that it constitutes a securities account "Financial Assets") shall be treated as a "financial asset" within the meaning of Section 8-102(a)(9) Article 8 of the UCC.

Appears in 3 contracts

Samples: Pledge and Security Agreement (City National Rochdale Funds), Loan Agreement (Baird Funds Inc), Loan Agreement (City National Rochdale Funds)

“Financial Assets” Election. The Financial Institution Custodian hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a Collateral Securities Account to (collectively, the extent that it constitutes a securities account “Financial Assets”) shall be treated as a “financial asset” within the meaning of Section 8-102(a)(9) Article 8 of the UCC.

Appears in 3 contracts

Samples: Loan Agreement (Wilshire Mutual Funds Inc), Loan Agreement (Aristotle Funds Series Trust), Loan Agreement (EA Series Trust)

“Financial Assets” Election. The Financial Institution Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a any 20[__]-[__] Collateral Account to the extent that it constitutes a securities account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Control Agreement (Daimler Trust), Control Agreement (Daimler Trust)

“Financial Assets” Election. The Financial Institution Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a any 2020-B Collateral Account to the extent that it constitutes a securities account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Control Agreement (Mercedes-Benz Auto Lease Trust 2020-B), Control Agreement (Mercedes-Benz Auto Lease Trust 2020-B)

“Financial Assets” Election. The Financial Institution Custodian hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a Collateral the Securities Account to (collectively, the extent that it constitutes a securities account "Financial Assets") shall be treated as a "financial asset" within the meaning of Section 8-102(a)(9) Article 8 of the UCC.

Appears in 2 contracts

Samples: Loan Agreement (Upright Investments Trust), Securities Account Control Agreement (Tortoise North American Energy Corp)

“Financial Assets” Election. The Financial Institution Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a any 2019-B Collateral Account to the extent that it constitutes a securities account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Control Agreement (Mercedes-Benz Auto Lease Trust 2019-B), Control Agreement (Mercedes-Benz Auto Lease Trust 2019-B)

“Financial Assets” Election. The Financial Institution Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a any 2017-A Collateral Account to the extent that it constitutes a securities account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Collateral Account Control Agreement (Mercedes-Benz Auto Lease Trust 2017-A), Control Agreement (Mercedes-Benz Auto Lease Trust 2017-A)

“Financial Assets” Election. The Financial Institution Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a any 2019-A Collateral Account to the extent that it constitutes a securities account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Control Agreement (Mercedes-Benz Auto Lease Trust 2019-A), Control Agreement (Mercedes-Benz Auto Lease Trust 2019-A)

“Financial Assets” Election. The Financial Institution Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a any 2021-A Collateral Account to the extent that it constitutes a securities account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Control Agreement (Mercedes-Benz Auto Lease Trust 2021-A), Control Agreement (Mercedes-Benz Auto Lease Trust 2021-A)

“Financial Assets” Election. The Financial Institution Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a any 2016-B Collateral Account to the extent that it constitutes a securities account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Servicing Agreement (Mercedes-Benz Auto Lease Trust 2016-B), Servicing Agreement (Mercedes-Benz Auto Lease Trust 2016-B)

“Financial Assets” Election. The Financial Institution Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a any 2012-A Collateral Account to the extent that it constitutes a securities account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Control Agreement (Mercedes-Benz Auto Lease Trust 2012-A), Control Agreement (Mercedes-Benz Auto Lease Trust 2012-A)

“Financial Assets” Election. The Financial Institution Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a any 2020-A Collateral Account to the extent that it constitutes a securities account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Control Agreement (Mercedes-Benz Auto Lease Trust 2020-A), Control Agreement (Mercedes-Benz Auto Lease Trust 2020-A)

“Financial Assets” Election. The Financial Institution Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a any 2016-A Collateral Account to the extent that it constitutes a securities account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Collateral Account Control Agreement (Mercedes-Benz Auto Lease Trust 2016-A), Collateral Account Control Agreement (Mercedes-Benz Auto Lease Trust 2016-A)

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“Financial Assets” Election. The Financial Institution Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a any 20[__]-[_] Collateral Account to the extent that it constitutes a securities account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Control Agreement (Daimler Trust), Control Agreement (Daimler Trust)

“Financial Assets” Election. The Financial Institution Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a any 2023-A Collateral Account to the extent that it constitutes a securities account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Control Agreement (Mercedes-Benz Auto Lease Trust 2023-A), Control Agreement (Mercedes-Benz Auto Lease Trust 2023-A)

“Financial Assets” Election. The Financial Institution Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a any 2018-B Collateral Account to the extent that it constitutes a securities account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Control Agreement (Mercedes-Benz Auto Lease Trust 2018-B), Control Agreement (Mercedes-Benz Auto Lease Trust 2018-B)

“Financial Assets” Election. The Financial Institution Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a any 2018-A Collateral Account to the extent that it constitutes a securities account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 2 contracts

Samples: Control Agreement (Mercedes-Benz Auto Lease Trust 2018-A), Control Agreement (Mercedes-Benz Auto Lease Trust 2018-A)

“Financial Assets” Election. The Financial Institution Securities Intermediary hereby agrees that each item of property (whether cash, a security, investment property, property or other financial asset, security, instrument, general intangible or cash) credited to a Collateral Account to the extent that it constitutes a securities account Accounts shall be treated as a “financial asset” within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 1 contract

Samples: Securities Account Control Agreement (Monroe Capital Income Plus Corp)

“Financial Assets” Election. The Financial Institution Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a any 2013-B Collateral Account to the extent that it constitutes a securities account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 1 contract

Samples: Control Agreement (Mercedes-Benz Auto Lease Trust 2013-B)

“Financial Assets” Election. The Financial Institution Custodian hereby agrees that each item of property (whether investment property, a financial asset, a security, instrument, general intangible an instrument or cash) credited to a the Cash Collateral Account to the extent that it constitutes a securities account shall be treated as a “financial asset” (within the meaning of Section 8-102(a)(9) of the UCC).

Appears in 1 contract

Samples: Support Agreement (Crescent Banking Co)

“Financial Assets” Election. The Financial Institution hereby agrees that each item of property (whether investment propertyincluding, without limitation, any financial asset, security, instrument, general intangible instrument or cash) credited to a Collateral the Blocked Account to the extent that it constitutes a securities account shall be treated as a “financial asset” within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 1 contract

Samples: Intercompany Subordination Agreement (Tesla Motors Inc)

“Financial Assets” Election. The Financial Institution Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a any 2013-A Collateral Account to the extent that it constitutes a securities account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 1 contract

Samples: Control Agreement (Mercedes-Benz Auto Lease Trust 2013-A)

“Financial Assets” Election. The Financial Institution Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a the Cash Collateral Account to the extent that it constitutes a securities account shall be treated as a "financial asset" within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 1 contract

Samples: Cash Collateral Agreement (RCN Corp /De/)

“Financial Assets” Election. The Financial Institution hereby agrees that each item of property (whether including, without limitation, any investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a Collateral the Pledged Account to the extent that it constitutes a securities account shall be treated as a “financial asset” within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 1 contract

Samples: Securities Account Control Agreement (Mandatory Exchangeable Trust)

“Financial Assets” Election. The Financial Institution Custodian hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a the Collateral Account to the extent that it constitutes a securities account shall be treated as a "financial asset" within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 1 contract

Samples: Collateral Account Control Agreement (Convergent Communications Inc /Co)

“Financial Assets” Election. The Financial Institution hereby agrees that each item of property (whether including, without limitation, all investment property, financial assetassets, securitysecurities, instrument, general intangible instruments or cash) credited to any Pledged Account that is a Collateral Securities Account to the extent that it constitutes a securities account shall be treated as a “financial asset” within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 1 contract

Samples: Control Agreement (FiberTower CORP)

“Financial Assets” Election. The Financial Institution Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a any 2015-A Collateral Account to the extent that it constitutes a securities account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 1 contract

Samples: Control Agreement (Mercedes-Benz Auto Lease Trust 2015-A)

“Financial Assets” Election. The Financial Institution hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible or cash) credited to a Collateral Account to the extent that it constitutes a securities account Securities Account shall be treated as a "financial asset" within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 1 contract

Samples: Control Agreement (Verizon ABS LLC)

“Financial Assets” Election. The Financial Institution Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a the Collateral Account to the extent that it constitutes a securities account shall be treated as a “financial asset” within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 1 contract

Samples: Collateral Account Agreement (Superior Offshore International Inc.)

“Financial Assets” Election. The Financial Institution Securities Intermediary hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to a any 2015-B Collateral Account to the extent that it constitutes a securities account shall be treated as a “financial assetFinancial Assetwithin the meaning of as set forth in Section 8-102(a)(9) of the UCC.

Appears in 1 contract

Samples: Control Agreement (Mercedes-Benz Auto Lease Trust 2015-B)

“Financial Assets” Election. The Financial Institution hereby agrees that each item of property (whether investment property, financial asset, security, instrument, general intangible instrument or cash) credited to any Pledged Account that is a Collateral Securities Account to the extent that it constitutes a securities account shall be treated as a “financial asset” within the meaning of Section 8-102(a)(9) of the UCC.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Xo Communications Inc)

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