Extract to table

It is the intent of the parties that, upon execution and delivery of this Agreement, Collateral Agent shall have "control" of the Account, and that the security interest of Collateral Agent in the Account shall be perfected by control to the fullest extent provided under applicable law

Notwithstanding such dual capacity, the rights and obligations of Crescent Harbor Bank, National Association in its capacity as Depository Bank are distinct from its rights and obligations in its capacity as Collateral Agent, and the parties intend that the terms of this Agreement shall be interpreted and applied in a manner consistent with such distinction

"Activation Notice" means a written notice, substantially in the form of Exhibit A attached hereto, from Collateral Agent to Depository Bank (which, given that Depository Bank and Collateral Agent are the same entity, shall constitute an internal direction documented in writing by an authorized officer of Crescent Harbor Bank, N

An Activation Notice shall be triggered under the cash dominion provisions of the Credit Agreement and this Agreement upon the commencement of a Cash Dominion Period

2 — UCC Terms Terms used but not otherwise defined in this Agreement that are defined in the UCC as in effect in the State of New York shall have the meanings ascribed to such terms under the UCC

Terms defined in the Credit Agreement and used but not otherwise defined in this Agreement shall have the meanings ascribed to such terms in the Credit Agreement, unless the context otherwise requires