Securities Accounts and Commodity Accounts. (i) As of the date hereof, no Pledgor has any Securities Accounts or Commodity Accounts other than those listed in Schedule 13 to the Perfection Certificate. Each Pledgor shall on or before the Closing Date or within the time period expressly permitted under the Loan Agreement or other Loan Documents enter into a Control Agreement with respect to each such Securities Account, other than the Excluded Accounts, to ensure that the Secured Party has a first priority security interest in each such Securities Account perfected by Control, subject to Permitted Liens. No Pledgor shall hereafter establish and maintain any Securities Account or Commodity Account (other than Excluded Accounts) with any Securities Intermediary or Commodity Intermediary unless (1) it shall have given the Secured Party prior written notice of its intention to establish such new Securities Account or Commodity Account with such Securities Intermediary or Commodity Intermediary and (2) such Securities Intermediary or Commodity Intermediary, as the case may be, and such Pledgor shall have duly executed and delivered a Control Agreement with respect to such Securities Account or Commodity Account, as the case may be. Each Pledgor agrees that once the Secured Party sends an instruction or notice to a Securities Intermediary or Commodity Intermediary exercising its Control over any Securities Account and Commodity Account when an Event of Default has occurred and is continuing, such Pledgor shall not give any instructions or orders with respect to such Securities Account and Commodity Account including, without limitation, instructions for investment, distribution or transfer of any Investment Property or financial asset maintained in such Securities Account or Commodity Account. No Pledgor shall grant Control over any Investment Property, other than Excluded Accounts, to any person other than the Secured Party.
Securities Accounts and Commodity Accounts. (i) Each Pledgor hereby represents and warrants that (1) as of the date hereof, it has neither opened nor maintains any Securities Accounts or Commodity Accounts in which the amount and/or fair market value, individually or in the aggregate, of the financial assets and/or commodity contracts, as the case may be, held from time to time in all such accounts does not exceed $1,000,000, other than those listed on Schedule 15(b) to the Perfection Certificate, (2) as of the date hereof, each applicable Pledgor and the relevant Securities Intermediary or Commodity Intermediary have executed and delivered a Securities Account Control Agreement or Commodity Account Control Agreement, as applicable, for each Securities Account or Commodity Account (other than Excluded Accounts) listed on Schedule 15(b) to the Perfection Certificate, or the Pledgors have closed such accounts, (3) upon the execution and delivery of such Securities Account Control Agreements or Commodity Account Control Agreements, the Collateral Agent shall have a valid, enforceable, perfected first priority security interest (other than Permitted Collateral Liens) in such Securities Accounts and Commodity Accounts by Control, and (4) as of the date hereof, it does not hold, own or have any interest in any certificated securities or uncertificated securities other than those constituting Pledged Securities and those maintained in Securities Accounts or Commodity Accounts listed on Schedule 15(b) to the Perfection Certificate or in respect of which the Collateral Agent has Control. If any Pledgor shall at any time hold or acquire any certificated securities constituting Investment Property and having a fair market value, individually or in the aggregate, in excess of $1,000,000, such Pledgor shall promptly (and in any event within 10 Business Days of acquiring such security) (a) endorse, assign and deliver the same to the Collateral Agent, accompanied by such instruments of transfer or assignment duly executed in blank, all in form and substance reasonably satisfactory to the Collateral Agent or (b) deliver such securities into a Securities Account (other than an Excluded Account) with respect to which a Control Agreement is in effect in favor of the Collateral Agent. If any securities now or hereafter acquired by any Pledgor constituting Investment Property and having a fair market value, individually or in the aggregate, in excess of $1,000,000 are uncertificated and are issued to such Pledgor or its...
Securities Accounts and Commodity Accounts. As of the date hereof, no Grantor has any Securities Accounts or Commodity Accounts other than those listed in Schedule 3.09 hereto.
Securities Accounts and Commodity Accounts. No Pledgor shall grant Control over any Investment Property to any person other than the Administrative Agent, the Collateral Agent or any Applicable Collateral Agent (as defined under the Intercreditor Agreement).
Securities Accounts and Commodity Accounts. Securities Account #*** in the name of Coldwater Creek Inc. (“Customer”) maintained with Wells Fargo Brokerage Services, LLC (“Intermediary”), which will become subject to a Securities Account Control Agreement, by and among Customer, Intermediary and Collateral Agent, as a post-closing requirement under the Credit Agreement. Schedules to Security Agreement SCHEDULE 3.10
Securities Accounts and Commodity Accounts. Except as listed on Schedule 13 attached hereto and made a part hereof, Schedule 13 of the Prior Perfection Certificate sets forth a true and complete list of all Deposit Accounts, Securities Accounts and Commodity Accounts (each as defined in the Security Agreement) maintained by the Company, Parent and each of the Company’s domestic Subsidiaries, including the name of each institution where each such account is held, the name of each such account and the name of each entity that holds each account.
Securities Accounts and Commodity Accounts. Each Pledgor hereby represents and warrants that (i) as of the date hereof, it has neither opened nor maintains any Securities Accounts or Commodity Accounts other than those listed on Schedule 16 to the Perfection Certificate, (ii) such Pledgor and each applicable Securities Intermediary or Commodity Intermediary has executed and delivered a Securities Account Control Agreement or Commodity Account Control Agreement, as applicable, for each Securities Account or Commodity Account of such Pledgor listed on Schedule 16 to the Perfection Certificate, (iii) the Collateral Agent has a valid and enforceable perfected first priority security interest (subject to Permitted Liens) in each such Securities Account and Commodity Account by Control, and (iv) it does not hold, own or have any interest in any certificated securities or uncertificated securities other than those constituting Pledged Securities and those maintained in Securities Accounts or Commodity Accounts listed on Schedule 16 of the Perfection Certificate or in respect of which the Collateral Agent has Control.
Securities Accounts and Commodity Accounts. None. Schedule 7 Receivables Due from Governmental Authorities None. Schedule 8(a) Patents and Patent Licenses UNITED STATES PATENTS: Issued Patents: OWNER PATENT NUMBER DESCRIPTION ARC Group Worldwide, Inc. 5,829,121 Patented process used to manufacture certain of our flat planar antennas ARC Group Worldwide, Inc. 5,995,059 Antennas from coaxial cable ARC Group Worldwide, Inc. D408,415 Conformal antenna for a satellite dish ARC Group Worldwide, Inc. 5,793,336 Conformal antenna assemblies ARC Group Worldwide, Inc. 6,218,991 Compact planar inverted F antenna suited for remote wireless metering ARC Group Worldwide, Inc. 6,421,014 Compact dual narrow band microstrip antenna particularly suited for remote wireless metering ARC Group Worldwide, Inc. 6,577,276 Low cross-polarization microstrip patch radiator ARC Group Worldwide, Inc. 6,768,461 Freedom Antenna® ARC Group Worldwide, Inc. 6,788,258 Partially Shared Antenna Aperture ARC Group Worldwide, Inc. 6,885,350 Microstrip Fed Log antenna ARC Group Worldwide, Inc. 7,064,729 Omni-Dual Band Antenna & System ARC Group Worldwide, Inc. 8,014,157 Circuit board mounting system ARC Group Worldwide, Inc. 7,950,960 Pressed in cable transition and method ARC Group Worldwide, Inc. 4,914,445 Microstrip Antennas and Multiple Radiator Array Antennas ARC Group Worldwide, Inc. 5,363,114 Planar Serpentine Antennas ARC Group Worldwide, Inc. 6,421,014 Company Dual Narrow Band Microstrip Antenna ARC Group Worldwide, Inc. 8,362,969 Adjustable Antenna Baffling System ARC Group Worldwide, Inc. 5,905,465 Antenna System for Mobile Communication Applications ARC Group Worldwide, Inc. 6,121,929 Antenna System ARC Group Worldwide, Inc. 6,239,751 Low Profile Tunable Antenna ARC Group Worldwide, Inc. 6,414,636 Radio Frequency Connector for Reducing Passive Inter-Modulation Effects 40 Flomet LLC 5,848,350 Nickel-Free Stainless Steel Alloy Procesible Through Metal Injection Molding Techniques to Produce Articles Intended For Use In Contact With The Human Body Tekna Seal LLC 5,726,854 Voltage Arrestor For Use With Delicate Electronic Components Tekna Seal LLC 5,768,083 Method of Suppressing Electrostatic Energy in Glass-To-Metal Hermetic Seal Devices Applications: OWNER APPLICATION NUMBER DESCRIPTION ARC Group Worldwide, Inc. 20110138614 Pressed In Cable Transition Method Licenses: None
Securities Accounts and Commodity Accounts. (a) As of the date hereof, no Pledgor has any Securities Accounts or Commodity Accounts other than those listed in Schedule 13 to the Perfection Certificate. The Administrative Agent will have a first priority security interest in each such Securities Account and Commodity Account; provided, however, that it is hereby acknowledged and agreed that no securities account control agreement or commodities account control agreement will be required to be executed with respect to any such Securities Account and Commodities Account, respectively. No Pledgor shall grant Control over any Investment Property to any person other than the Administrative Agent.
Securities Accounts and Commodity Accounts. Owner Type of Account Intermediary Account Number(s) Schedule 16 to Perfection Certificate Supplement Letter-of-Credit Rights EXHIBIT J GUARANTEE AND COLLATERAL AGREEMENT By KCG HOLDINGS, INC. as Borrower and THE GUARANTORS PARTY HERETO and JEFFERIES FINANCE LLC, as Collateral Agent and as Administrative Agent Dated as of July 1, 2013 TABLE OF CONTENTS Page(s) ARTICLE I DEFINITIONS AND INTERPRETATION 2
