Control Assets definition
Examples of Control Assets in a sentence
The Program Agent hereby covenants and agrees with the Borrower that the Program Agent will originate entitlement orders or instructions to, or send or deliver a Notice of Exclusive Control to, the Securities Intermediary concerning the Control Assets if and only if an “Event of Default” (as defined in the Credit Agreement) has occurred and is continuing.
The Securities Intermediary shall have no responsibility or liability to the Borrower for complying with a Notice of Exclusive Control or complying with entitlement orders concerning any Control Assets originated by a Program Agent Authorized Representative at any time.
Except as provided in Section 3(f), below, the Securities Intermediary also will comply with entitlement orders or other instructions concerning the Collateral Accounts or any Control Assets that are originated by one or more Persons authorized to give instructions on behalf of the Borrower under the Custodial Agreement (the “Borrower’s Authorized Representatives”).
If Old Dominion shall not have previously acquired legal title to all of the Pollution Control Assets from the Pollution Control Assets Lessor, it will exercise its purchase option set forth in Section 19.2 of the Pollution Control Assets Lease to acquire all of such lessor's right, title and interest in the Pollution Control Assets on December 30, 2004.
Asset Management and Information Classification Control Assets associated with information and information processing facilities are identified and an inventory of these assets is drawn up and maintained.
The foregoing covenant of the Program Agent is for the benefit of the Borrower and shall not constitute a limitation on the obligation of the Securities Intermediary to act upon and comply with any entitlement orders or instructions concerning the Control Assets that are originated by the Program Agent at any time.
Each Covenantee acknowledges that the covenants and agreements which it has made in this Agreement are reasonable and are required for the reasonable protection of UEI's investment in the H&S Remote Control Assets and the H&S Remote Control Business.
The Securities Intermediary hereby acknowledges the Agent's security interest in the Collateral Account, all investment property (as defined in Section 9-102(a) of the UCC) from time to time credited to the Collateral Account and all Proceeds (as defined in the UCC) of such assets and property including, without limitation, all interest, dividends, stock dividends, stock splits and other money or property of any kind distributed in respect of such assets and property (collectively, the "Control Assets").
The Owner Participant, the Facility Owner, the Owner Trustee, the Agent and the Original Lenders shall have received copies certified by the Secretary of Old Dominion of the Clover Agreements, the Old Dominion Indenture, the Severance Agreements, the Clover 1 Documents and the Pollution Control Assets Lease Documents, and all amendments to each thereof.
The Agent hereby covenants and agrees with the Borrower that the Agent will not originate entitlement orders or directions to the Securities Intermediary concerning the Control Assets unless and until there has been an Event of Default.