Common use of Account Debtors Clause in Contracts

Account Debtors. The Secured Party may, at any time that an Event of Default exists, whether before or after any revocation of such power and authority or the maturity of any of the Secured Obligations, notify an Account Debtor or other Person obligated on Collateral to make payment or otherwise render performance to or for the benefit of the Secured Party and enforce, by suit or otherwise the obligations of an Account Debtor or other Person obligated on Collateral and exercise the rights of such Debtor with respect to the obligation of the Account Debtor or other Person obligated on Collateral to make payment or otherwise render performance to such Debtor, and with respect to any property that secures the obligations of the Account Debtor or other Person obligated on the Collateral. In connection with exercise of such rights and remedies, the Secured Party may surrender, release or exchange all or any part thereof, or compromise or extend or renew for any period (whether or not longer than the original period) any indebtedness thereunder or evidenced thereby. Upon the request of the Secured Party during the existence of an Event of Default, each Debtor will, at its own expense, notify any or all parties obligated on any of the Collateral to make payment to the Secured Party of any amounts due or to become due thereunder. Upon request by the Secured Party during the existence of an Event of Default, each Debtor will forthwith, upon receipt, transmit and deliver to the Secured Party, in the form received, all cash, checks, drafts and other instruments or writings for the payment of money (properly endorsed, where required, so that such items may be collected by the Secured Party) which may be received by such Debtor at any time in full or partial payment or otherwise as proceeds of any of the Collateral. Except as the Secured Party may otherwise consent in writing, any such items which may be so received by any Debtor will not be commingled with any other of its funds or property, but will be held separate and apart from its own funds or property and upon express trust for the Secured Party until delivery is made to the Secured Party. Each Debtor will comply with the terms and conditions of any consent given by the Secured Party pursuant to the foregoing sentence.

Account Debtors. The Secured Party maymay notify or require Debtor to notify Account Debtors that the Accounts have been assigned to Secured Party and direct such Account Debtors to make payments on the Accounts directly to Secured Party. To the extent Secured Party does not so elect, at any time that an Event Debtor shall continue to collect the Accounts. Secured Party or its designee shall also have the right, in its own name or in the name of Default existsDebtor, whether before or after any revocation of such power and authority or the maturity of to do any of the Secured Obligationsfollowing: (a) to demand, notify an Account Debtor collect, receipt for, settle, compromise any amounts due, give acquittances for, prosecute or other Person obligated on Collateral to make payment or otherwise render performance to or for the benefit of the Secured Party and enforce, by suit or otherwise the obligations of an Account Debtor or other Person obligated on Collateral and exercise the rights of such Debtor with respect to the obligation of the Account Debtor or other Person obligated on Collateral to make payment or otherwise render performance to such Debtor, and with respect defend any action which may be in relation to any property that secures the obligations of the Account Debtor or other Person obligated on the Collateral. In connection with exercise of such rights and remedies, the Secured Party may surrender, release or exchange all or any part thereof, or compromise or extend or renew for any period (whether or not longer than the original period) any indebtedness thereunder or evidenced thereby. Upon the request of the Secured Party during the existence of an Event of Default, each Debtor will, at its own expense, notify any or all parties obligated on any of the Collateral to make payment to the Secured Party of any amounts monies due or to become due thereunder. Upon request by virtue of, the Accounts; (b) to sell, transfer or assign or otherwise deal in the Accounts or the proceeds thereof or the related goods, as fully and effectively as if Secured Party during were the existence absolute owner thereof; (c) to extend the time of an Event of Default, each Debtor will forthwith, upon receipt, transmit and deliver to the Secured Party, in the form received, all cash, checks, drafts and other instruments or writings for the payment of money (properly endorsed, where required, so that such items may be collected by the Secured Party) which may be received by such Debtor at any time in full or partial payment or otherwise as proceeds of any of the Accounts, to grant waivers and make any allowance or other adjustment with reference thereto; (d) to endorse the name of Debtor on notes, checks or other evidences of payments on Collateral that may come into possession of Secured Party; (e) to take control of cash and other proceeds of any Collateral; (f) to sign the name of Debtor on any invoice or xxxx of lading relating to any Collateral, or any drafts against Account Debtors or other persons making payment with respect to Collateral; (g) to send a request for verification of Accounts to any Account Debtor; and (h) to do all other acts and things necessary to carry out the intent of this Agreement. Except as In the event that Secured Party may otherwise consent exercises its right to settle or adjust any disputes or claims with Account Debtors on behalf of Debtor for an amount less than the original Account in writingdispute, any Secured Party shall not be obligated to credit the Obligations in an amount in excess of the amount that Secured Party receives as payment on such items which disputed Account. Any exercise by Secured Party of its rights in and to the Accounts shall, as may be so received applicable, be a full and complete release, discharge and acquittance of the Account Debtor with respect to such Account, and Debtor shall take any action as may be required by any Secured Party in connection therewith. No Account Debtor will not shall ever be commingled with any other bound to make inquiry as to the termination of its funds this Agreement or propertythe rights of Secured Party to act hereunder, but will shall be held separate and apart from its own funds or property and upon express trust for the Secured Party until delivery is made fully protected by Debtor in making payment directly to the Secured Party. Each Debtor will comply with the terms and conditions of any consent given by the Secured Party pursuant to the foregoing sentence.

Account Debtors. The Secured Each Loan Party may, at shall continue to collect all amounts due or to become due to such Loan Party under its Receivables and any time that an Event of Default exists, whether before or after any revocation of such power Supporting Obligation (other than immaterial amounts) and authority or the maturity of diligently exercise each material right it may have under any of the Secured Obligations, notify an Account Debtor or other Person obligated on Collateral to make payment or otherwise render performance to or for the benefit of the Secured Party and enforce, by suit or otherwise the obligations of an Account Debtor or other Person obligated on Collateral and exercise the rights of such Debtor with respect to the obligation of the Account Debtor or other Person obligated on Collateral to make payment or otherwise render performance to such Debtor, and with respect to any property that secures the obligations of the Account Debtor or other Person obligated on the Collateral. In connection with exercise of such rights and remedies, the Secured Party may surrender, release or exchange all its Receivables or any part thereofSupporting Obligation (other than in respect of immaterial amounts), or compromise or extend or renew for any period (whether or not longer than the original period) any indebtedness thereunder or evidenced thereby. Upon the request of the Secured Party during the existence of an Event of Default, in each Debtor willcase, at its own expense, and in connection with such collections and exercise, such Loan Party shall take such action as such Loan Party may deem reasonably necessary or advisable. Upon the occurrence and during the continuance of any Event of Default and if so requested by the Collateral Agent, such Loan Party will promptly notify (and such Loan Party hereby authorizes the Collateral Agent to so notify) each Account Debtor in respect of any or all parties obligated on any Receivable that such Collateral has been assigned to the Collateral Agent hereunder for the benefit of the Collateral to make payment to the Secured Party of Finance Parties, and that any amounts payments due or to become due thereunder. Upon request by the Secured Party during the existence in respect of an Event of Default, each Debtor will forthwith, upon receipt, transmit and deliver such Collateral are to be made directly to the Secured PartyCollateral Agent or any other designee on its behalf in accordance with Section 2.05. If the Collateral Agent notifies any Loan Party that it has elected to collect the Receivables in accordance with the preceding sentence, any payments of Receivables received by such Loan Party shall be forthwith (and in any event within two (2) Business Days) deposited by such Loan Party in the exact form received, duly indorsed by such Loan Party to the Collateral Agent if required, in the form receivedapplicable Collateral Account maintained under the sole dominion and control of the Collateral Agent, and until so turned over, all cash, checks, drafts amounts and proceeds (including checks and other instruments or writings for the payment of money (properly endorsed, where required, so that such items may be collected by the Secured Partyinstruments) which may be received by such Debtor at any time Loan Party in full or partial payment or otherwise as proceeds of any respect of the Collateral. Except as the Secured Party may otherwise consent Receivables or any Supporting Obligation shall be received in writing, any such items which may be so received by any Debtor will not be commingled with any other of its funds or property, but will be held separate and apart from its own funds or property and upon express trust for the Secured benefit of the Collateral Agent hereunder and shall be segregated from other funds of such Loan Party until delivery is made to and such Loan Party shall not adjust, settle or compromise the Secured Party. Each Debtor will comply with the terms and conditions amount or payment of any consent given by the Secured Party pursuant to the foregoing sentenceReceivable, or release wholly or partly any Account Debtor or obligor thereof, or allow any credit or discount thereon.

Account Debtors. The Secured Party may, at any time that an Event of Default exists, whether before or after any revocation of such power and authority or the maturity of any of the Secured Obligations, notify an Account Debtor or other Person obligated on Collateral to make payment or otherwise render performance to or for the benefit of the Secured Party and enforce, by suit or otherwise the obligations of an Account Debtor or other Person obligated on Collateral and exercise the rights of such Debtor with respect to the obligation of the Account Debtor or other Person obligated on Collateral to make payment or otherwise render performance to such Debtor, and with respect to any property that secures the obligations of the Account Debtor or other Person obligated on the Collateral. In connection with exercise of such rights and remedies, the Secured Party may surrender, release or exchange all or any part thereof, or compromise or extend or renew for any period (whether or not longer than the original period) any indebtedness thereunder or evidenced thereby. Upon the request of the Secured Party during the existence of an Event of Default, each Debtor will, at its own expense, notify any or all parties obligated on any of the Collateral to make payment to the Secured Party of any amounts due or to become due thereunder. Upon request by the Secured Party during the existence of an Event of Default, each Debtor will forthwith, upon receipt, transmit and deliver to the Secured Party, in the form received, all cash, checks, drafts and other instruments or writings for the payment of money (properly endorsed, where required, so that such items may be collected by the Secured Party) which may be received by such Debtor at any time in full or partial payment or otherwise as proceeds of any of the Collateral. Except as the Secured Party may otherwise consent in writing, any such items which may be so received by any Debtor will not be commingled with any other of its funds or property, but will be held separate and apart from its own funds or property and upon express trust for the Secured Party until delivery is made to the Secured Party. Each Debtor will comply with the terms and conditions of any consent given by the Secured Party pursuant to the foregoing sentence.. ___________ ___________ _________ WM ER DHL

Account Debtors. The Secured Party may, at any time that an Event of Default exists, whether before or after any revocation of such power and authority or the maturity of any of the Secured Obligations, notify an Account Debtor or other Person obligated on Collateral to make payment or otherwise render performance to or for the benefit of the Secured Party and enforce, by suit or otherwise the obligations of an Account Debtor or other Person obligated on Collateral and exercise the rights of such Debtor with respect to the obligation of the Account Debtor or other Person obligated on Collateral to make payment or otherwise render performance to such Debtor, and with respect to any property that secures the obligations of the Account Debtor or other Person obligated on the Collateral. In connection with exercise of such rights and remedies, the Secured Party may surrender, release or exchange all or any part thereof, or compromise or extend or renew for any period (whether or not longer than the original period) any indebtedness thereunder or evidenced thereby. Upon the request of the Secured Party during the existence of an Event of Default, each Debtor will, at its own expense, notify any or all parties obligated on any of the Collateral to make payment to the Secured Party of any amounts due or to become due thereunder. Upon request by the Secured Party during the existence of an Event of Default, each Debtor will forthwith, upon receipt, transmit and deliver to the Secured Party, in the form received, all cash, checks, drafts and other instruments or writings for the payment of money (properly endorsed, where required, so that such items may be collected by the Secured Party) which may be received by such Debtor at any time in full or partial payment or otherwise as proceeds of any of the Collateral. Except as the Secured Party may otherwise consent in writing, any such items which may be so received by any Debtor will not be commingled with any other of its funds or property, but will be held separate and apart from its own funds or property and upon express trust for the Secured Party until delivery is made to the Secured Party. Each Debtor will comply with the terms and conditions of any consent given by the Secured Party pursuant to the foregoing sentence.. DHL DA EFCR.SECURITY.MARCH. 2007

Account Debtors. The Secured Party may, at any time that an Event of Default exists, whether before or after any revocation of such power and authority or the maturity of any of the Secured Obligations, notify an Account Debtor account debtor or other Person obligated on Collateral to make payment or otherwise render performance to or for the benefit of the Secured Party and enforce, by suit or otherwise the obligations of an Account Debtor account debtor or other Person obligated on Collateral and exercise the rights of such Debtor with respect to the obligation of the Account Debtor account debtor or other Person obligated on Collateral to make payment or otherwise render performance to such Debtor, and with respect to any property that secures the obligations of the Account Debtor account debtor or other Person obligated on the Collateral. In connection with exercise of such rights and remedies, the Secured Party may surrender, release or exchange all or any part thereof, or compromise or extend or renew for any period (whether or not longer than the original period) any indebtedness thereunder or evidenced thereby. Upon the request of the Secured Party during the existence of an Event of Default, each Debtor will, at its own expense, notify any or all parties obligated on any of the Collateral to make payment to the Secured Party of any amounts due or to become due thereunder. Upon request by the Secured Party during the existence of an Event of Default, each Debtor will forthwith, upon receipt, transmit and deliver to the Secured Party, in the form received, all cash, checks, drafts and other instruments or writings for the payment of money (properly endorsed, where required, so that such items may be collected by the Secured Party) which may be received by such Debtor at any time in full or partial payment or otherwise as proceeds of any of the Collateral. Except as the Secured Party may otherwise consent in writing, any such items which may be so received by any Debtor will not be commingled with any other of its funds or property, but will be held separate and apart from its own funds or property and upon express trust for the Secured Party until delivery is made to the Secured Party. Each Debtor will comply with the terms and conditions of any consent given by the Secured Party pursuant to the foregoing sentence.