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Securities Account Control Agreement
Securities Account Control Agreement (29K)
Doc #166446: Click preview link for longer preview.
[SVB LOGO] SVB Securities
Securities Account Control Agreement
Customer: Art Technology Group, Inc.
Creditor: Silicon Valley Bank
Date: 12/20/02
This Securities Account Control Agreement entered into as of the above date
(this "Agreement") is among SVB Securities, A Division of Alliant Partners
("SVBS"), Banc of America BrokerDealer Services, a division of Banc of America
Securities LLC ("BA-BDS" or "Clearing Broker"), the Customer identified above
("Customer"), and the Creditor identified above ("Creditor").
Recitals
A. Customer has established a securities account or securities accounts
("Account") with and/or through SVBS and BA-BDS pursuant to a SVB Securities
Client Agreement ("Client Agreement"). The account number and title for the
Account (or Accounts) are identified in Exhibit A to this Agreement. SVBS acts
as the introducing broker. BA-BDS acts as the clearing broker. Both SVBS and
Clearing Broker are securities intermediaries pursuant to Article 8 of the
California Uniform Commercial Code ("CUCC"). Customer maintains in the Account
securities, financial assets and other investment property as defined under
Article 8 and 9 of the CUCC (collectively, the "Securities").
B. Pursuant to a security agreement or similar agreement identified in
Exhibit A hereto (the "Security Agreement"), Customer has granted to Creditor a
security interest in certain personal property of Customer, including without
limitation (i) the Account; (ii) the Securities, (iii) all dividends and
distributions, whether payable in cash, securities, or other property, in
respect of the Securities, (iv) all of Customer's rights in respect of the
Securities and Account, and (iv) all products, proceeds and revenues of and from
any of the foregoing personal property in sections (i) through (iv)
(collectively, the "Collateral").
C. SVBS, Clearing Broker, Customer and Creditor are entering into this
Agreement in order to perfect Creditor's security interest in the Collateral and
the Account by means of control pursuant to Article 8 of the CUCC.
Agreement
The parties hereto hereby agree as follows:
1. Defined Terms. All terms used in this Agreement which are defined in
the CUCC but are not otherwise defined herein shall have the meanings assigned
to such terms in the CUCC, as in effect as of the date of this Agreement. While
in the Account, all property credited to the Securities will be treated as
financial assets under Article 8 of the CUCC. By this Agreement, Customer grants
to Creditor "control" over the Securities within the meaning of Section 8106 of
the
166446
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Art Technology
As referenced in this Securities Account Control Agreement:
Art Technology Group, Inc. – EX-10.20
{SEQUENCE}11
{FILENAME}b45865atexv10w20.txt
{DESCRIPTION}EX-10.20 SECURITIES ACCOUNT CONTROL AGREEMENT
{TEXT}
{PAGE}
Exhibit 10.20
[SVB LOGO] SVB Securities
Securities Account Control Agreement
Customer: Art Technology Group, Inc.
Creditor: Silicon Valley Bank
Date: 12/20/02
This Securities Account Control Agreement entered into as of the above date
(this "Agreement") is among SVB Securities, A Division of
_____________
dt 1460349
;
Art Technology
As referenced in this Securities Account Control Agreement:
Art Technology Group, Inc. – EX-10.20
{SEQUENCE}11
{FILENAME}b45865atexv10w20.txt
{DESCRIPTION}EX-10.20 SECURITIES ACCOUNT CONTROL AGREEMENT
{TEXT}
{PAGE}
Exhibit 10.20
[SVB LOGO] SVB Securities
Securities Account Control Agreement
Customer: Art Technology Group, Inc.
Creditor: Silicon Valley Bank
Date: 12/20/02
This Securities Account Control Agreement entered into as of the above date
(this "Agreement") is among SVB Securities, A Division of
_____________
dt 1323247
;
SVB
As referenced in this Securities Account Control Agreement:
Silicon Valley Bank
– SECURITIES ACCOUNT CONTROL AGREEMENT
{TEXT}
{PAGE}
Exhibit 10.20
[SVB LOGO] SVB Securities
Securities Account Control Agreement
Customer: Art Technology Group, Inc.
Creditor: Silicon Valley Bank
Date: 12/20/02
This Securities Account Control Agreement entered into as of the above date
(this "Agreement") is among SVB Securities,
_____________
Silicon Valley Bank
– Technology Group
By: Gabriel J. Parmese
Name: Gabriel J. Parmese
Title:
Address for Notices
25 First Street
Cambridge, MA
02141
Telephone:
Facsimile:
CREDITOR: Silicon Valley Bank
By: /s/ Jonathan L. Gray
Name: Jonathan L. Gray
Title: SVP
Address for Notices
2221 Washington Street
One Newton Executive Park
Newton,
_____________
Silicon Valley Bank
– to be completed by creditor):
Amended and Restated Loan and Security Agreement dated June 13, 2002, by
and between Art Technology Group and Silicon Valley Bank
3. Account Control Agreements Previously Executed by SVB Securities and
Clearing Broker with other Parties Asserting an Interest in the Account
(This
_____________
dt 126970
;
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 BofA Securities
As referenced in this Securities Account Control Agreement:
Banc of America
Securities – the above date
(this "Agreement") is among SVB Securities, A Division of Alliant Partners
("SVBS"), Banc of America BrokerDealer Services, a division of Banc of America
Securities LLC ("BA-BDS" or "Clearing Broker"), the Customer identified above
("Customer"), and the Creditor identified above ("Creditor").
Recitals
A. Customer has established a
_____________
BANC OF AMERICA SECURITIES – 3000 Tasman Drive
Mail Sort HG250
Santa Clara, CA 95054
Attn: Operations Manager
Tel: 408-854-7258
Fax: 408-486-2407
CLEARING BROKER: BANC OF AMERICA SECURITIES LLC
By: /s/ Bill James
Name: Bill James
Title: Managing Director
SVBS Form Dated September 15, 2002
8
{PAGE}
SVB Securities
Securities Account
_____________
dt 93707
;
SVB Securities;
anc of America BrokerDealer Services
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| 2003 |
Member Control Agreement
Member Control Agreement (114K)
Doc #1143599: Click preview link for longer preview.
MEMBER CONTROL AGREEMENT
OF
ACTIVE HAWK MINERALS, LLC
EFFECTIVE AS OF
JUNE 26, 2003
THE LIMITED LIABILITY COMPANY INTERESTS AND UNITS CREATED HEREBY HAVE NOT BEEN
REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, NOR UNDER ANY STATE
SECURITIES LAWS. CONSEQUENTLY, THE LIMITED LIABILITY COMPANY INTERESTS AND UNITS
MAY NOT BE SOLD OR TRANSFERRED UNLESS SUBSEQUENTLY . . .
1143599
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| 2004 |
Securities Account Control Agreement
Securities Account Control Agreement (26K)
Doc #1158750: Click preview link for longer preview.
SVB Securities
Securities Account Control Agreement
Customer:
TIMELINE. INC.
Creditor:
SILICON VALLEY BANK
Date:
SEPTEMBER 17,.2004
This Securities Account Control Agreement entered into as of the above date (this ?Agreement?) is among SVB Securities, (?SVBS?), Bane of America BrokerDealer Services, a division of Banc of America Securities LLC (?BA-BDS? or ?Clearing Broker?), the Customer identifed above (?Customer?), and the Creditor identified above (?Creditor?).
Recitals
. . .
1158750
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SVB
As referenced in this Securities Account Control Agreement:
SILICON VALLEY BANK
–
EX-10.3 5 tl71308ex103.htm
Exhibit 10.3
SVB Securities
Securities Account Control Agreement
Customer:
TIMELINE. INC.
Creditor:
SILICON VALLEY BANK
Date:
SEPTEMBER 17,.2004
This Securities Account Control Agreement entered into as of the above date (this Agreement) is among SVB Securities, (SVBS), Bane of America BrokerDealer Services, a
_____________
Silicon Valley Bank. – R. Osenbaugh
Name: Charles R. Osenbaugh
Title: President
Address for Notices:
3055 112th Avenue N.E., Ste. 106
Bellevue, WA 98004
Telephone:
425-822-3140
Facsimile:
425-822-1120
CREDITOR:
Silicon Valley Bank.
By: /s/ Paul Heimstra
Name: Paul Heimstra
Title: Vice President
Address for Notices:
3003 Tasman Drive
Santa Clara, CA 95054
Telephone:
425-576-2070
Facsimile:
425-827-5998
SVBS:
_____________
dt 1392190
;
Timeline
As referenced in this Securities Account Control Agreement:
TIMELINE. INC. –
EX-10.3 5 tl71308ex103.htm
Exhibit 10.3
SVB Securities
Securities Account Control Agreement
Customer:
TIMELINE. INC.
Creditor:
SILICON VALLEY BANK
Date:
SEPTEMBER 17,.2004
This Securities Account Control Agreement entered into as of the above date (this Agreement) is among SVB Securities, (SVBS), Bane of
_____________
Timeline, Inc. – page intentionally left blank)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first above written.
CUSTOMER:
Timeline, Inc.
By: /s/ Charles R. Osenbaugh
Name: Charles R. Osenbaugh
Title: President
Address for Notices:
3055 112th Avenue N.E., Ste. 106
Bellevue, WA 98004
Telephone:
425-822-3140
Facsimile:
_____________
TIMELINE. INC. – 7256
Facsimile:
408-496-2407
CLEARING BROKER:
Banc of America Securities LLC
By:
Name:
Title:
SVB Securities
Securities Account Control Agreement
Exhibit A
1.
Account Title and Number:
Account Title: TIMELINE. INC.
Account Number: 886-02973
2.
Security Agreement (This section to be completed by Creditor):
THAT CERTAIN ACCOUNTS RECEIVABLE FINANCING AGREEMENT DATED SEPTEMBER 16, 2004, AS MAY BE AMENDED AND
_____________
dt 1544559
;
|
Timeline
As referenced in this Securities Account Control Agreement:
Timeline, Inc. – page intentionally left blank)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first above written.
CUSTOMER:
Timeline, Inc.
By: /s/ Charles R. Osenbaugh
Name: Charles R. Osenbaugh
Title: President
Address for Notices:
3055 112th Avenue N.E., Ste. 106
Bellevue, WA 98004
Telephone:
425-822-3140
Facsimile:
_____________
dt 1327777
;
BofA Securities
As referenced in this Securities Account Control Agreement:
Banc of America Securities LLC – SEPTEMBER 17,.2004
This Securities Account Control Agreement entered into as of the above date (this Agreement) is among SVB Securities, (SVBS), Bane of America BrokerDealer Services, a division of Banc of America Securities LLC (BA-BDS or Clearing Broker), the Customer identifed above (Customer), and the Creditor identified above (Creditor).
Recitals
A. Customer has established a securities account or securities accounts (Account) with
_____________
Banc of America Securities LLC – By:
Name:
Title: Operations Manager
Address for Notices:
SVB Securities
3003 Tasman Drive
Mail Sort HG250
Santa Clara, CA 95054
Telephone:
408-654-7256
Facsimile:
408-496-2407
CLEARING BROKER:
Banc of America Securities LLC
By:
Name:
Title:
SVB Securities
Securities Account Control Agreement
Exhibit A
1.
Account Title and Number:
Account Title: TIMELINE. INC.
Account Number: 886-02973
2.
Security Agreement (This section
_____________
dt 1356445
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Full Doc
| 2003 |
Securities Account Control Agreement
Securities Account Control Agreement (29K)
Doc #1213586: Click preview link for longer preview.
[SVB LOGO] SVB Securities
Securities Account Control Agreement
Customer: Art Technology Group, Inc.
Creditor: Silicon Valley Bank
Date: 12/20/02
This Securities Account Control Agreement entered into as of the above date
(this "Agreement") is among SVB Securities, A Division of Alliant Partners
("SVBS"), Banc of America BrokerDealer Services, a division of Banc of America
Securities LLC ("BA-BDS" or "Clearing Broker"), the Customer identified above
("Customer"), and the . . .
1213586
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Art Technology
As referenced in this Securities Account Control Agreement:
Art Technology Group, Inc. – b45865atexv10w20.txt
<DESCRIPTION>EX-10.20 SECURITIES ACCOUNT CONTROL AGREEMENT
<TEXT>
<PAGE>
Exhibit 10.20
[SVB LOGO] SVB Securities
Securities Account Control Agreement
Customer: Art Technology Group, Inc.
Creditor: Silicon Valley Bank
Date: 12/20/02
This Securities Account Control Agreement entered into as of the above date
(this "Agreement") is among SVB Securities, A Division of
_____________
dt 1460352
;
Art Technology
As referenced in this Securities Account Control Agreement:
Art Technology Group, Inc. – b45865atexv10w20.txt
<DESCRIPTION>EX-10.20 SECURITIES ACCOUNT CONTROL AGREEMENT
<TEXT>
<PAGE>
Exhibit 10.20
[SVB LOGO] SVB Securities
Securities Account Control Agreement
Customer: Art Technology Group, Inc.
Creditor: Silicon Valley Bank
Date: 12/20/02
This Securities Account Control Agreement entered into as of the above date
(this "Agreement") is among SVB Securities, A Division of
_____________
dt 1323250
;
|
SVB
As referenced in this Securities Account Control Agreement:
Silicon Valley Bank
– EX-10.20 SECURITIES ACCOUNT CONTROL AGREEMENT
<TEXT>
<PAGE>
Exhibit 10.20
[SVB LOGO] SVB Securities
Securities Account Control Agreement
Customer: Art Technology Group, Inc.
Creditor: Silicon Valley Bank
Date: 12/20/02
This Securities Account Control Agreement entered into as of the above date
(this "Agreement") is among SVB Securities, A Division of Alliant Partners
("SVBS"), Banc
_____________
Silicon Valley Bank
– the date first above
written.
CUSTOMER: Art Technology Group
By: Gabriel J. Parmese
Name: Gabriel J. Parmese
Title:
Address for Notices
25 First Street
Cambridge, MA
02141
Telephone:
Facsimile:
CREDITOR: Silicon Valley Bank
By: /s/ Jonathan L. Gray
Name: Jonathan L. Gray
Title: SVP
Address for Notices
2221 Washington Street
One Newton Executive Park
Newton, MA 02462
Tel: 617-630-4169
Fax:
_____________
Silicon Valley Bank
– Number: 88602665
2. "Security Agreement" (This section to be completed by creditor):
Amended and Restated Loan and Security Agreement dated June 13, 2002, by
and between Art Technology Group and Silicon Valley Bank
3. Account Control Agreements Previously Executed by SVB Securities and
Clearing Broker with other Parties Asserting an Interest in the Account
(This Section to be completed by SVBS): None
_____________
dt 1392267
;
BofA Securities
As referenced in this Securities Account Control Agreement:
Banc of America
Securities LLC – Account Control Agreement entered into as of the above date
(this "Agreement") is among SVB Securities, A Division of Alliant Partners
("SVBS"), Banc of America BrokerDealer Services, a division of Banc of America
Securities LLC ("BA-BDS" or "Clearing Broker"), the Customer identified above
("Customer"), and the Creditor identified above ("Creditor").
Recitals
A. Customer has established a securities account or securities accounts
("Account") with
_____________
BANC OF AMERICA SECURITIES LLC – Snowden
Title: Operations Manager
Address for Notices
3000 Tasman Drive
Mail Sort HG250
Santa Clara, CA 95054
Attn: Operations Manager
Tel: 408-854-7258
Fax: 408-486-2407
CLEARING BROKER: BANC OF AMERICA SECURITIES LLC
By: /s/ Bill James
Name: Bill James
Title: Managing Director
SVBS Form Dated September 15, 2002
8
<PAGE>
SVB Securities
Securities Account Control Agreement
Exhibit A
1.
_____________
dt 1356556
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