Possession and Control of Collateral. 4.1. Borrower shall have possession of the Collateral, except where expressly otherwise provided in this Agreement or where Lender chooses to perfect its security interest by possession in addition to the filing of a financing statement. Regardless who has possession, Borrower shall in all events bear the risk of loss of the Collateral.
Possession and Control of Collateral. The Obligor shall, on request by the Lender from time to time, deliver to the Lender possession of all chattel paper, instruments and negotiable documents of title. The Obligor shall also take whatever steps the Lender requires from time to time to enable the Lender to obtain control of any investment property forming part of the Collateral, including (a) arranging for any securities intermediary, futures intermediary or issuer of uncertificated securities to enter into an agreement satisfactory to the Lender to enable the Lender to obtain control, (b) delivering any certificated security to the Lender with any necessary endorsement and (c) having any security registered in the name of the Lender or its nominee. The Lender is not obligated to keep any Collateral separate or identifiable or to take steps to preserve rights relating to Collateral against prior parties or other persons. The Lender shall have no duty with respect to any Collateral delivered to it, other than to use the same degree of care in the safe custody of the Collateral delivered to it that it uses with respect to similar property that it owns of similar value. Without limiting the foregoing, the Lender may lodge all instruments, chattel paper, investment property or other Collateral with any bank or trust company to be held in safekeeping on behalf of the Lender (without incurring any liability for any act or omission of the bank or trust company), or may hold Collateral itself. The Obligor shall reimburse the Lender on demand for all expenses incurred by the Lender in connection with safekeeping with interest from the date the expenses are incurred until paid at the highest rate of interest applicable to the Obligations. The expenses and interest shall form part of the Obligations.
Possession and Control of Collateral. The Borrower shall not grant possession or control to, and shall not permit possession or control by, any Person (other than the Agent and the Borrower) of any Collateral in which a security interest is perfected by possession or control.
Possession and Control of Collateral. 5.1. FIL, or its designee or transferee shall have possession of the Collateral. Borrower shall in all events bear the risk of loss of the Collateral.
Possession and Control of Collateral. Without limiting the generality of the foregoing Lender, may, to the fullest extent permitted by applicable law, without notice, hearing or process except as specified below, take possession and maintain control over the Collateral. Within two (2) days following demand by Lender for possession and control of the Collateral following an Event of Default, each Company Entity shall, at its sole cost and expense, assemble and turn over to Lender all Collateral of such Company Entity and any Related Business then held by such Company Entity and/or any Related Business.
Possession and Control of Collateral. The Obligor shall take whatever steps the Lender requires from time to time to enable the Lender to obtain control of any investment property forming part of the Collateral, including (a) arranging for any securities intermediary or issuer of uncertificated securities to enter into an agreement satisfactory to the Lender to enable the Lender to obtain control, (b) delivering any certificated security to the Lender with any necessary endorsement and (c) upon the occurrence of an Event of Default that is continuing, having any Equity Interest registered in the name of the Lender or its nominee.
Possession and Control of Collateral. The Pledgor shall take whatever steps the Pledgee requires from time to time to enable the Pledgee to obtain control of the Collateral, including (a) delivering any certificated security to the Pledgee with any necessary endorsement, and (b) having the Shares registered in the name of the Pledgee or its nominee.
Possession and Control of Collateral. The Borrower shall take whatever steps the Lender requires from time to time to enable the Lender to obtain control of any investment property forming part of the Collateral, including (a) delivering any certificated security to the Lender with any necessary endorsement and (b) having any Equity Interest registered in the name of the Lender or its nominee. The Borrower shall also cause the Issuer to maintain a notation concerning this Agreement satisfactory to the Lender in its securities register and provide the Lender with a certificate of the Issuer attaching a copy of the notation.
Possession and Control of Collateral. 6.1. Oro, or its designee or transferee shall have possession of the Collateral. Galaxy shall in all events bear the risk of loss of the Collateral.
Possession and Control of Collateral. 4.1. Borrower shall have possession of the Collateral, except where expressly otherwise provided in this Agreement or where FCFC chooses to perfect its security interests by possession in addition to the filing of a financing statement. Regardless who has possession, Borrower shall in all events bear the risk of loss of the Collateral, except for loss occasioned by FCFC's gross negligence or willful misconduct.
