The Securities Account. (a) The Trust Administrator shall establish one or more “Securities Accounts” in the name of the Securities Intermediary that shall be held by the Trust Administrator for the benefit of the Certificateholders. Each Securities Account shall be a segregated, non-interest bearing trust account maintained with the Trust Administrator and established for the purpose of holding the Underlying Certificates; such account may be the same account as the Distribution Account. Each Securities Account shall be an Eligible Account. The Trust Administrator hereby appoints Xxxxx Fargo Bank, N.A., as Securities Intermediary with respect to the Securities Accounts, and the Securities Intermediary shall hold, for the benefit of the Certificateholders, the Securities Accounts and the Security Entitlements to all Financial Assets credited to the Securities Accounts including without limitation all amounts, securities, investments, Financial Assets, investment property and other property from time to time deposited in or credited to the Securities Accounts and all proceeds thereof. Amounts held from time to time in the Securities Accounts will continue to be held by the Securities Intermediary on behalf of the Trust Administrator for the benefit of the Certificateholders. Upon the termination of the Trust, the Trust Administrator shall inform the Securities Intermediary of such termination. By acceptance of their Certificates or interests therein, the Certificateholders shall be deemed to have appointed Xxxxx Fargo Bank, N.A., as Securities Intermediary. Xxxxx Fargo Bank, N.A. hereby accepts such appointment as Securities Intermediary.
The Securities Account. 1.1 Establishment of the Securities Account Broker and Pershing hereby confirm that:
The Securities Account. (1) The Custodian shall open and maintain the Securities Account as an account of, and in the name of, the Pledgor, or shall designate an existing account as a Securities Account for purposes of this Agreement. The parties hereby agree that the account described in Schedule “B” is and shall be a “Securities Account” for purposes of this Agreement and a securities account for the purposes of the STA.
The Securities Account. Broker hereby represents, warrants to and covenants with Creditor that:
The Securities Account. Intermediary hereby represents and warrants to Collateral Agents and Customer that (i) the Securities Account has been established in the name of Customer as recited above and is a securities account as defined in Article 8 of the Uniform Commercial Code in effect in the State of New York (the “N.Y. UCC”), for which Customer is the Securities Account Control Consent Agreement 105 SECURITIES ACCOUNT CONTROL CONSENT AGREEMENT (ACCESS RESTRICTED AFTER NOTICE) (Xxxxx Fargo Securities, LLC Safekeeping) entitlement holder and Intermediary is the securities intermediary under Article 8 of the NY UCC, (ii) the Account Agreement, the security entitlements arising out of the financial assets carried in the Securities Account and any free credit balances are valid and legally binding obligations of Intermediary, and (iii) except for the claims and interest of the Secured Parties and Customer in the Securities Account, Intermediary does not know of any claim to or interest in the Securities Account or in any financial asset carried therein. Intermediary will treat all property held by it in the Securities Account as financial assets under Article 8 of the Uniform Commercial Code as enacted in the State of New York.
The Securities Account. Securities Intermediary hereby represents and warrants to Secured Party and Grantor that (a) the Securities Account has been established in the name of Grantor as recited above, (b) the Customer Agreement, the security entitlements arising 11 247 out of the financial assets carried in the Securities Account and any free credit balances are valid and legally binding obligations of Securities Intermediary, and (c) except for the claims and interest of Secured Party and of Grantor in the Securities Account, Securities Intermediary does not know of any claim to or interest in the Securities Account or in any financial asset carried therein. Securities Intermediary will treat all property held by it in the Securities Account as financial assets under Division 8 of the Uniform Commercial Code of [California].
The Securities Account. PRIMARY FUND AND AUTOMATIC DAILY SWEEP Client may use Client's Securities Account to purchase and sell securities, including options, on margin or otherwise. Concurrent with the opening of Client's COMMAND Account, Client will choose one of the COMMAND Funds or CMIIA as Client's Primary Investment Vehicle. Free credit cash balances in Client's Securities Account of $1 or more will be automatically invested or deposited, on a daily basis, in the Primary Investment Vehicle by means of a purchase order submitted to the Primary Fund or a deposit into CMIIA by Prudential Securities, in accordance with the terms of the COMMAND Fund's prospectus or the Program Description. In addition, Client may make manual purchases of shares of another Money Fund ("Secondary Money Fund") or manual deposits into CMIIA as a Secondary Investment Vehicle. The purchase price for shares of the COMMAND Funds will be the net asset value per share next determined after receipt by a COMMAND Fund of a purchase order. Ordinarily, Prudential Securities may place a purchase order to the COMMAND Funds for shares or make a deposit to the CMIIA on Client's behalf to enable Client to purchase COMMAND Fund shares and earn COMMAND Fund dividends or earn CMIIA interest prior to final collection of deposits received to Client's Securities Account. However, in certain situations a purchase order or deposit entered until free credit cash balances or cash in the form of Federal Funds becomes available to Prudential Securities. Prudential Securities may reasonably withhold access to the funds so advanced until Prudential Securities is satisfied that any and all deposits to Client's Securities Account have been collected. DIVIDENDS/INTEREST The COMMAND Funds expect to declare dividends daily, as earned, on shares of a COMMAND Fund and will reinvest daily any such dividends in COMMAND Fund shares. Dividends will be credited directly to Clients' COMMAND Account on a monthly basis. Client understands that an investment in shares of the COMMAND Funds is not equivalent to a bank deposit. As with any investment in securities, the value of Client's investment may fluctuate. The shares of beneficial interest of the COMMAND Funds are maintained on the register of the COMMAND Fund. Certificates are not physically issued. SECURITIES PROTECTION Securities in Clients' Account are protected by the Securities Investor Protection Corporation and additional similar protection is provided through insurance purchased by P...
The Securities Account. (a) The Securities Account is a conventional XXXXXX xxxx and/or margin account which can be used to purchase or sell securities.
The Securities Account. Securities Intermediary hereby represents and warrants to Secured Party and Grantor that (a) the records of Securities Intermediary show that Grantor is the sole owner of the Securities Account, (b) the Custody Agreement, the security entitlements arising out of the financial assets carried in the Securities Account and any free credit balances are valid and legally binding obligations of Securities Intermediary, (c) Securities Intermediary has not been served with any notice of levy or received any notice of any security interest in or other claim to the Securities Account, or any portion of the financial assets maintained therein, other than Secured Party's claim pursuant to this Control Agreement, and (d) Securities Intermediary is not presently obligated to accept any entitlement order from any person with respect to the Securities Account or any portion of the financial assets maintained therein, except for entitlement orders that Securities Intermediary is obligated to accept from Secured Party under this Control Agreement and entitlement orders that Securities Intermediary, subject to the provisions of Section 2 below, is obligated to accept from Grantor. Securities Intermediary will treat all property held by it in the Securities Account as financial assets under Division 8 of the Uniform Commercial Code of [California].
The Securities Account. (1) The Securities Intermediary has established the Securities Account for the benefit of the Banks pursuant to this Agreement. The Securities Intermediary has styled the Securities Account to read: "The Chase Manhattan Bank, as Securities Intermediary under the Account Control And Security Agreement, dated as of May 15, 1998, by and among for Nord Resources Corporation, the Overseas Private Investment Corporation, Commonwealth Development Corporation, DEG - Deutsche Investitions Und Entwicklungsgesellschaft Mbh, Export-Import Bank of the United States, and International Finance Corporation, Collateral Account." The Securities Intermediary shall not change the name or account number of the Securities Account without the prior written consent of the Banks and notice to the Pledgor. The Securities Intermediary shall maintain the Securities Account and shall not terminate or close the Securities Account without the prior written consent of the Banks and notice to the Pledgor, except as provided in Section 12(f). The Securities Account shall at all times (A) be maintained at an office of the Securities Intermediary located in the State of New York, which office shall be identified on the account statements pertaining to the Securities Account, and (B) be in the exclusive possession of, and under the exclusive dominion and control of, the Securities Intermediary acting pursuant to the terms of this Agreement or otherwise at the direction of the Banks. The Securities Intermediary shall provide to the Banks (1) copies of all account statements, confirmations, and other correspondence relating to the Securities Account that is provided to the Pledgor, (2) a monthly report of all of the financial assets held in, and transactions in connection with, the Securities Account, and (3) any other reports or other correspondence that the Banks, or any of them, may reasonably request.