Kodak 2011 Annual Report Download - page 357

SECTION 5 MAINTAINING THE ACCOUNT COLLATERAL
So long as any Loan or any other payment obligation of any Loan Party of which the Borrower has notice under any Loan Document shall remain unpaid,
or any Lender shall have any Commitment:
institution acting as Agent hereunder is not the securities intermediary, upon the request of the Agent upon the occurrence and during the
continuance of an Event of Default the relevant Grantor will use its commercially reasonable efforts to cause the securities intermediary
with respect to such security or commodity or futures account or security entitlement to identify in its records the Agent as the entitlement
holder thereof.
(d)
Upon the request of the Agent upon the occurrence and during the continuance of an Event of Default, each Grantor shall cause the
Security Collateral to be registered in the name of the Agent or such of its nominees as the Agent shall direct, subject only to the
revocable rights specified in Section 12(a). In addition, the Agent shall have the right upon the occurrence and during the continuance of
an Event of Default to convert Security Collateral consisting of financial assets credited to any securities account to Security Collateral
consisting of financial assets held directly by the Agent, and to convert Security Collateral consisting of financial assets held directly by
the Agent to Security Collateral consisting of financial assets credited to any securities or commodity or futures account.
(e)
Upon the request of the Agent upon the occurrence and during the continuance of an Event of Default, each Grantor will notify each
issuer of Security Collateral granted by it hereunder that such Security Collateral is subject to the security interest granted hereunder.
(a)
Each Grantor will enter into an agreement with the financial institution holding a Pledged Deposit Account pursuant to which such
financial institution shall agree with such Grantor and the Agent to, upon notice from the Agent upon the occurrence and during the
continuance of an Event of Default, comply with instructions originated by the Agent directing the disposition of funds in such deposit
account without the further consent of such Grantor, such agreement to be in form and substance reasonably satisfactory to the Agent (a
“
Deposit Account Control Agreement ”),
and, upon the occurrence and during the continuance of an Event of Default, instruct each
Person obligated at any time to make any payment to such Grantor for any reason (an “ Obligor ”)
to make such payment to such a
Pledged Deposit Account.
(b)
The Agent may, at any time and without notice to, or consent from, the Grantor, transfer, or direct the transfer of, funds from the Pledged
Deposit Accounts to satisfy the Grantor's obligations under the Loan Documents if an Event of Default shall have occurred and be
continuing. As soon as reasonably practicable after any such transfer, the Agent agrees to give written notice thereof to the applicable
Grantor.
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