Accounts and Set-Off Sample Clauses

Accounts and Set-Off. Setting-off money What happens to money we receive? Multiple accounts
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Accounts and Set-Off. (a) We shall keep a permanent record to show all sums payable or paid to you, all payments received in relation to Debts and all fees, expenses and other sums payable or paid by you under this Agreement or otherwise. Beginning on Commencement, we will send to you a copy of such account which shall be taken as prima facie evidence of the matters stated in it at the date of its preparation unless within fourteen (14) days from despatch you notify us in writing of any discrepancy. We shall further provide you with online access via a secured website to information on the Debts and reconciliation of the relationship relating to billing, collection and account maintenance such as aging, posting, error resolution and mailing of statements in the ordinary course of our business. All of the foregoing shall be in a format and in such detail, as we, in our sole and absolute discretion, deem appropriate. (b) We may at any time set off any monies due to us from you whether pursuant to this Agreement or otherwise against any sums due from us to you. We shall only be obliged to pay you sums which are net of any Discount fees and Disbursements due to us.
Sample 1
Accounts and Set-Off. (a) We shall keep a permanent record to show all sums payable or paid to you, all payments received in relation to Debts and all fees, expenses and other sums payable or paid by you under this Agreement or otherwise. No later than 10 working days from the last day of each month we will send to you a copy of such account which shall be taken as undisputed evidence of the matters stated in it at the date of its preparation unless within 14 days from despatch you notify us in writing of any discrepancy. (b) We may at any time draw up an account to record all amounts due to you from us and to us from you. (c) We may at any time set off any monies due to us from you whether pursuant to this Agreement or otherwise against any sums due from us to you. We shall only ever be obliged to pay you sums which are net of any discount costs expenses fees and disbursements due to us.
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Accounts and Set-Off. The Company hereby grants to the Purchaser, as security for the full and punctual payment and performance of the Obligations, a continuing lien on and security interest in all now or hereafter existing balances, credits, accounts, deposits (general or special, time or demand, provisional or final) and all other sums credited by, maintained with or due from the Purchaser or any affiliate of the Purchaser to the Company or subject to withdrawal by the Company; and regardless of the adequacy of any collateral or other means of obtaining repayment of the Obligations, the Purchaser may at any time and without notice to the Company set off the whole or any portion or portions of any or all such balances, credits, accounts, deposits and other sums against any and all of the Obligations.
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Accounts and Set-Off. 17.01 The Bank will maintain a loan account in the name of the Borrower to which it shall debit the principal amount of the Loan and all interest, fees, charges and expenses accruing in respect of the Loan from time to time and to which it shall credit each payment received by it hereunder in respect of any such principal, interest, fees, charges and/or other expenses. Such loan account shall, in the absence of manifest arithmetical error, be conclusive as to the amount from time to time due from the Borrower to the Bank in respect of the principal of, interest on and other fees, charges and expenses in respect of the Loan. 17.02 The Borrower irrevocably authorises the Bank to combine any and all accounts held by the Borrower with it and to apply (without prior notice) any credit balance (whether or not then due) to which the Borrower is at any time beneficially entitled on any such account at any of the Bank’s offices in or towards satisfaction of any sum then due from the Borrower to the Bank under this Agreement and unpaid. For that purpose, the Bank is irrevocably authorised to use all or any part of any such credit balance to buy such other currencies as may be necessary to effect such application. The Bank shall not be obliged to exercise any of its rights under this Clause, which shall be without prejudice and in addition to any right of set-off, combination of accounts, lien or other right to which it is at any time otherwise entitled (whether by operation of law, contract or otherwise). 17.03 The parties agree that a certificate of the Bank executed by an officer of the Bank shall save for manifest error be conclusive evidence of the amount due under this Agreement and constitute evidence against the Borrower but the Borrower shall be entitled to rebut such evidence by any means of evidence, save for witnesses.
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Accounts and Set-Off. 10.1. We will send you, usually on a monthly basis, a statement of account recording the entries that we have made in your accounts with us. All entries that we make will be conclusive and binding on you unless they contain a manifest error or you identify in writing an error within 30 days of us sending such statement to you or us making such statement available for you to view via the internet. 10.2. In the event of any dispute between you and us, a statement of account, certified as true and correct by either our company secretary or one of our directors, shall be treated as adequate proof of indebtedness and in any proceedings shall be conclusive evidence of the amount so certified, save in the event of manifest error. 10.3. We may at any time and without notice set off against any sums due from us to you, any moneys due from you to us and/ or to any of our group companies, whether actually, prospectively or contingently and whether alone or jointly with others and whether airing pursuant to this Agreement or otherwise howsoever. You may not exercise any right of set-off or counterclaim against moneys due from you to us. 10.4. We may at any time without notice combine or consolidate your accounts with us.
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Accounts and Set-Off. 8.1 We will maintain such accounts as we consider appropriate to record all the transactions between us under this facility and you will be able to view the information online or by printed copies. 8.2 At the end of each month (or as often as we agree with you) we will provide a statement to you, online or in print, which will be deemed to be correct (other than any obvious error) unless you tell us otherwise within seven days of the month end. 8.3 We may combine all accounts at any time. 8.4 We may at any time set off any amount of your liability against any amount due to you by us but you agree that at no time will you attempt to set off any amount of your liability against any amount we may owe to you. 8.5 We may at any time set up a reserve on the client account which we will be entitled to hold, even after the agreement has ended, until all your liability has been fully cleared. In particular we may make an appropriate reserve in relation to your liability to HMRC and release all or part of such reserve to you periodically as you require. This is an availability reserve only and not restricted solely to your HMRC liabilities and is subject to these conditions and satisfactory operation of the facility. Please note that payment of your HMRC liabilities as they fall due remains your ultimate responsibility at all times. 8.6 A certificate signed by any of our directors as to the amount of your liability at any time will be treated as binding for all purposes.
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Related to Accounts and Set-Off

  • PAYMENTS AND SET-OFF All sums payable by the Guarantor under this Deed of Guarantee shall be paid without any set-off, lien or counterclaim, deduction or withholding, howsoever arising, except for those required by law, and if any deduction or withholding must be made by law, the Guarantor will pay that additional amount which is necessary to ensure that the Beneficiary receives a net amount equal to the full amount which it would have received if the payment had been made without the deduction or withholding. The Guarantor shall pay interest on any amount due under this Deed of Guarantee from the day after the date on which payment was due up to and including the date of payment in full (as well after as before any judgment) calculated from day to day at a rate per annum equal to the latest inter-bank lending rate (LIBOR) plus two percent (2%) above the base rate of the Bank of England from time to time in force. The Guarantor will reimburse the Beneficiary for all legal and other costs (including VAT) incurred by the Beneficiary in connection with the enforcement of this Deed of Guarantee.

  • Lien and Set Off As further security for all of your obligations hereunder (but subject to the Rules) we shall have the right to retain (and apply as set out below) all of your property which we or any of our Associated Firms hold for any purpose, including, but not limited to, property held in any other of your accounts with us or any of our Associated Firms, whether or not we have made any advances in connection with such property. From time to time we may, without notice, transfer and re-transfer any money or other property between any such accounts. You shall execute such documents and take such other action as we shall reasonably request in order to perfect our rights with respect to any security referred to in this Clause 28.

  • Accounts and Reports The Company shall maintain a standard system of accounting in accordance with generally accepted accounting principles consistently applied and provide, at its sole expense, to the Secured Party the following: (a) as soon as available, a copy of any notice or other communication alleging any nonpayment or other material breach or default, or any foreclosure or other action respecting any material portion of its assets and properties, received respecting any of the indebtedness of the Company in excess of $15,000 (other than the Obligations), or any demand or other request for payment under any guaranty, assumption, purchase agreement or similar agreement or arrangement respecting the indebtedness or obligations of others in excess of $15,000, including any received from any person acting on behalf of the Secured Party or beneficiary thereof; and (b) within fifteen (15) days after the making of each submission or filing, a copy of any report, financial statement, notice or other document, whether periodic or otherwise, submitted to the shareholders of the Company, or submitted to or filed by the Company with any governmental authority involving or affecting (i) the Company that could have a Material Adverse Effect; (ii) the Obligations; (iii) any part of the Pledged Collateral; or (iv) any of the transactions contemplated in this Agreement or the Loan Instruments.

  • ACCOUNTS AND AUDIT 18.1 The Supplier shall keep proper and accurate books and records, including all invoices, receipts and vouchers, relating to the Services and all expenditures and commitments made in connection therewith. The Supplier shall make such books and records available to the Local Government for review or audit within ten (10) days following receipt of a request from the Local Government to do so. The Supplier agrees that it shall retain all such books and records and make them available for review or audit by the Local Government for a period of three (3) years after the date of final payment by the Local Government hereunder. Any review or audit by the Local Government pursuant to this Section 18.1 shall be carried out by the Local Government at the Local Government’s expense.

  • Deposit Accounts and Securities Accounts Set forth on Schedule 4.15 (as updated pursuant to the provisions of the Security Agreement from time to time) is a listing of all of the Loan Parties’ and their Subsidiaries’ Deposit Accounts and Securities Accounts, including, with respect to each bank or securities intermediary (a) the name and address of such Person, and (b) the account numbers of the Deposit Accounts or Securities Accounts maintained with such Person.

  • Accounts and Records The accounts and records maintained by ALPS shall be the property of the Fund. ALPS shall prepare, maintain and preserve such accounts and records as required by the 1940 Act and other applicable securities laws, rules and regulations. ALPS shall surrender such accounts and records to the Fund, in the form in which such accounts and records have been maintained or preserved, promptly upon receipt of instructions from the Fund. The Fund shall have access to such accounts and records at all times during ALPS’ normal business hours. Upon the reasonable request of the Fund, copies of any such books and records shall be provided by ALPS to the Fund at the Fund’s expense. ALPS shall assist the Fund, the Fund’s independent auditors, or, upon approval of the Fund, any regulatory body, in any requested review of the Fund’s accounts and records, and reports by ALPS or its independent accountants concerning its accounting system and internal auditing controls will be open to such entities for audit or inspection upon reasonable request. ALPS or its undersigned as defined by Rule 17a-4 of the Securities and Exchange Act (the “Exchange Act”), shall have access to all electronic communications, including password access to the system storing the electronic communications, of registered representatives of ALPS that are associated with the Fund and are required to be maintained under Rule 17a-4 of the Exchange Act and FINRA Rules 3110 and 3010. Electronic storage media maintained by the Fund will comply with Rule 17a-4 of the Exchange Act.

  • Mitigation and Set-Off The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise. The Company shall not be entitled to set off against the amounts payable to the Executive under this Agreement any amounts owed to the Company by the Executive, any amounts earned by the Executive in other employment after termination of his employment with the Company, or any amounts which might have been earned by the Executive in other employment had he sought such other employment.

  • Accounts and Notes Receivable Schedule 5.11 sets forth an accurate list of the accounts and notes receivable of the Company, as of the Balance Sheet Date, including any such amounts which are not reflected in the balance sheet as of the Balance Sheet Date, and including receivables from and advances to employees and the Stockholders, which are identified as such. Except to the extent reflected on Schedule 5.11, such accounts, notes and other receivables are collectible in the amounts shown on Schedule 5.11, net of reserves reflected in the balance sheet as of the Balance Sheet Date.

  • FACILITIES, PAYMENTS AND SERVICES 25 CONTRACTOR agrees to provide the services, staffing, facilities, and supplies in accordance with 26 this Agreement. COUNTY shall compensate, and authorize, when applicable, said services. 27 CONTRACTOR shall operate continuously throughout the term of this Agreement with at least the 28 minimum number and type of staff which meet applicable federal and state requirements, and which are 29 necessary for the provision of the services hereunder. 30

  • Accounts and Chattel Paper (a) The names of the obligors, amounts owing, due dates and other information with respect to its Accounts and Chattel Paper are and will be correctly stated in all records of the Grantor relating thereto and in all invoices and Collateral Reports with respect thereto furnished to the Collateral Agent by such Grantor from time to time. As of the time when each Account or each item of Chattel Paper arises, such Grantor shall be deemed to have represented and warranted that such Account or Chattel Paper, as the case may be, and all records relating thereto, are genuine and in all respects what they purport to be. (b) With respect to its Accounts, except as specifically disclosed on the most recent Collateral Report, (i) all Accounts are Eligible Accounts; (ii) all Accounts represent bona fide sales of Inventory or rendering of services to Account Debtors in the ordinary course of such Grantor’s business and are not evidenced by a judgment, Instrument or Chattel Paper; (iii) there are no setoffs, claims or disputes existing or asserted with respect thereto and such Grantor has not made any agreement with any Account Debtor for any extension of time for the payment thereof, any compromise or settlement for less than the full amount thereof, any release of any Account Debtor from liability therefor, or any deduction therefrom except a discount or allowance allowed by such Grantor in the ordinary course of its business for prompt payment or as are generally offered in the industry by competitors of such Grantor in the applicable markets and in each case as disclosed to the Collateral Agent; (iv) to such Grantor’s knowledge, there are no facts, events or occurrences which in any way impair the validity or enforceability thereof or could reasonably be expected to reduce the amount payable thereunder as shown on such Grantor’s books and records and any invoices, statements and Collateral Reports with respect thereto; (v) such Grantor has not received any notice of proceedings or actions which are threatened or pending against any Account Debtor which might result in any adverse change in such Account Debtor’s financial condition; and (vi) such Grantor has no knowledge that any Account Debtor is unable generally to pay its debts as they become due. (c) In addition, with respect to all of its Accounts, (i) the amounts shown on all invoices, statements and Collateral Reports with respect thereto are actually and absolutely owing to such Grantor as indicated thereon and are not in any way contingent; (ii) no payments have been or shall be made thereon except payments immediately delivered to a Blocked Account, Lockbox or a Collateral Deposit Account as required pursuant to Section 7.1; and (iii) to such Grantor’s knowledge, all Account Debtors have the capacity to contract.

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