Accounts Receivable Documentation. VP Buildings will at such intervals as the Administrative Agent and the Collateral Agent may require, execute and deliver confirmatory written assignments of the Accounts Receivable to such Agents and furnish such further schedules and/or information as any such Agent may require relating to the Accounts Receivable, including, without limitation, sales invoices or the equivalent, credit memos issued, remittance advices, reports and copies of deposit slips and copies of original shipping or delivery receipts for all merchandise sold. In addition, VP Buildings shall notify the Administrative Agent and the Collateral Agent of any non-compliance in respect of the representations, warranties and covenants contained in Section 8.03. The items to be provided under this Section 8.02 are to be in form reasonably satisfactory to the Administrative Agent and the Collateral Agent and are to be executed and delivered to the Administrative Agent and the Collateral Agent from time to time solely for their convenience in maintaining records of the Collateral. VP Buildings' failure to give any of such items to such Agents shall not affect, terminate, modify or otherwise limit the Collateral Agent's Lien on the Collateral. VP Buildings shall not re-date any invoice or sale or make sales on extended dating beyond that customary in VP Buildings industry, and shall not re-bill xxx Accounts Receivable without promptly disclosing the same to the Administrative Agent and Collateral Agent and providing the Administrative Agent and Collateral Agent with copy of such re-billing, identifying the same as such. If VP Buildings becomes aware of anything materially detrimental to any of its customers' credit, VP Buildings will promptly advise the Administrative Agent and Collateral Agent thereof.
Appears in 1 contract
Samples: Financing Agreement (LTV Corp)
Accounts Receivable Documentation. VP Buildings Subject to the --------------------------------- prior rights of the Factor under the Factoring Agreements and the Assignment Agreement, the Company and each Borrower will at such intervals as the Administrative Agent and the Collateral Agent may reasonably require, execute and deliver confirmatory written assignments of the Accounts Receivable to such Agents the Collateral Agent and furnish such further schedules and/or information as any such the Collateral Agent may reasonably require relating to the Accounts Receivable, including, without limitation, sales invoices or the equivalent, credit memos issued, remittance advicesadvises, reports and copies of deposit slips and copies of original shipping or delivery receipts for all merchandise sold. In addition, VP Buildings the Company and each Borrower shall notify the Administrative Agent and the Collateral Agent of any material non-compliance in respect of the representations, warranties and covenants contained in Section 8.038.03 below. The items to be provided under this Section 8.02 are to be in form reasonably satisfactory to the Administrative Agent and the Collateral Agent and are to be executed and delivered to the Administrative Agent and the Collateral Agent from time to time solely for their its convenience in maintaining records of the Collateral. VP Buildings' The Company or any Borrower's failure to give any of such items to such Agents the Collateral Agent shall not affect, terminate, modify or otherwise limit the Collateral Agent's Lien on in the Collateral. VP Buildings Subject to the provisions of the Factoring Agreements, the Company and each Borrower shall not re-date any invoice or sale or make sales on extended dating beyond that customary in VP Buildings the Company's or such Borrower's industry, and shall not re-bill xxx xxxx any Accounts Receivable without promptly disclosing the same to the Administrative Agent Factor and the Collateral Agent and providing the Administrative Agent Factor and the Collateral Agent with copy of such re-billing, identifying the same as such. If VP Buildings the Company or any Borrower becomes aware of anything materially detrimental to the credit of any of its the Company's or any of the Borrowers' customers' creditwhich is not otherwise publicly known with respect to non-credit approved Accounts Receivable, VP Buildings the Company or such Borrower will promptly advise the Administrative Agent and Collateral Agent thereof.
Appears in 1 contract
Accounts Receivable Documentation. VP Buildings will The Borrower will, from and after the occurrence and during the continuation of an Event of Default, at such intervals as the Administrative Agent and the Collateral Agent Agents may require, execute and deliver confirmatory written assignments of the Accounts Receivable to such the Agents and furnish such further schedules and/or information as any such Agent may require relating to the Accounts Receivable, including, without limitation, sales invoices or the equivalent, credit memos issued, remittance advices, reports and copies of deposit slips and copies of original shipping or delivery receipts for all merchandise sold. In addition, VP Buildings the Borrower shall notify the Administrative Agent and the Collateral Agent Agents of any non-compliance in respect of the representations, warranties and covenants contained in Section 8.03. The items to be provided under this Section 8.02 are to be in form reasonably satisfactory to the Administrative Agent and the Collateral Agent Agents and are to be executed and delivered to the Administrative Agent and the Collateral Agent Agents from time to time solely for their convenience in maintaining records of the Collateral. VP Buildings' The Borrower’s failure to give any of such items to such the Agents shall not affect, terminate, modify or otherwise limit the Collateral Agent's ’s Lien on the Collateral. VP Buildings The Borrower shall not re-date any invoice or sale or make sales on extended dating beyond that customary in VP Buildings the Borrower’s industry, and shall not re-bill xxx xxxx any Accounts Receivable without promptly disclosing the same to the Administrative Agent and Collateral Agent Agents and providing the Administrative Agent and Collateral Agent Agents with a copy of such re-billing, identifying the same as such. If VP Buildings the Borrower becomes aware of anything materially detrimental to any of its the Borrower’s customers' ’ credit, VP Buildings the Borrower will promptly advise the Administrative Agent and Collateral Agent Agents thereof.
Appears in 1 contract
Accounts Receivable Documentation. VP Buildings Subject to the rights of the Factor under the Factoring Agreements and the Assignment of Factoring Proceeds Agreement, each Borrower will at such intervals as the Administrative Agent and the Collateral Agent may reasonably require, execute and deliver confirmatory written assignments of the Accounts Receivable to such Agents the Agent and furnish such further schedules and/or information as any such the Agent may reasonably require relating to the Accounts Receivable, including, without limitation, sales invoices or the equivalent, credit memos issued, remittance advicesadvises, reports and copies of deposit slips and copies of original shipping or delivery receipts for all merchandise sold. In addition, VP Buildings each Borrower shall notify the Administrative Agent and the Collateral Agent of any non-compliance in respect of the representations, warranties and covenants contained in Section 8.038.03 below. The items to be provided under this Section 8.02 are to be in form reasonably satisfactory to the Administrative Agent and the Collateral Agent and are to be executed and delivered to the Administrative Agent and the Collateral Agent from time to time solely for their its convenience in maintaining records of the Collateral. VP Buildings' Any Borrower's failure to give any of such items to such Agents the Agent shall not affect, terminate, modify or otherwise limit the Collateral Agent's Lien on in the Collateral. VP Buildings Subject to the provisions of the Factoring Agreements, each Borrower shall not re-date any invoice or sale or make sales on extended dating beyond that customary in VP Buildings such Borrower's industry, and shall not re-bill xxx xxxx any Accounts Receivable without promptly disclosing the same to the Administrative Agent Factor and Collateral the Agent and providing the Administrative Agent Factor and Collateral the Agent with copy of such re-billing, identifying the same as such. If VP Buildings any Borrower becomes aware of anything materially detrimental to any of its the Borrowers' customers' credit, VP Buildings such Borrower will promptly advise the Administrative Agent and Collateral Agent thereof.
Appears in 1 contract
Accounts Receivable Documentation. VP Buildings The Borrower and each Surety will at such intervals as the Administrative Agent and the Collateral Agent Agents may reasonably require, execute and deliver confirmatory written assignments of the Accounts Receivable to such the Agents and furnish such further schedules and/or information as any such Agent may require relating to the Accounts Receivable, including, without limitation, including sales invoices or the equivalent, credit memos issued, remittance advices, reports and copies of deposit slips and copies of original shipping or delivery receipts for all merchandise sold. In addition, VP Buildings the Borrower shall notify the Administrative Agent and the Collateral Agent Agents of any non-compliance in respect of the representations, warranties and covenants contained in Section 8.039.03. The items to be provided under this Section 8.02 9.02 are to be in form reasonably satisfactory to the Administrative Agent and the Collateral Agent Agents and are to be executed and delivered to the Administrative Agent and the Collateral Agent Agents from time to time solely for their convenience in maintaining records of the Collateral. VP Buildings' The Borrower's or any Surety's failure to give any of such items to such the Agents shall not affect, terminate, modify or otherwise limit the Collateral Agent's Lien on the Collateral. VP Buildings The Borrower and the Sureties shall not re-date any invoice or sale or make sales on extended dating beyond that customary in VP Buildings the Borrower's or the Sureties' industry, and shall not re-bill xxx Accounts Receivable without promptly disclosing the same to the Administrative Agent and Collateral Agent Agents and providing the Administrative Agent and Collateral Agent Agents with copy of such re-billing, identifying the same as such. If VP Buildings the Borrower becomes aware of anything materially detrimental to any of its the Borrower's or any Surety's customers' credit, VP Buildings the Borrower will promptly advise the Administrative Agent and Collateral Agent Agents thereof.
Appears in 1 contract
Samples: Credit Agreement (Pen Holdings Inc)
Accounts Receivable Documentation. VP Buildings The Borrower will, and will cause each of its Subsidiaries to, at such intervals as the Administrative Agent and the Collateral Agent Agents may reasonably require, execute and deliver confirmatory written assignments of the Accounts Receivable to such the Agents and furnish such further schedules and/or information as any such Agent may reasonably require relating to the Accounts Receivable, including, without limitation, sales invoices or the equivalent, credit memos issued, remittance advices, reports and copies of deposit slips and copies of original shipping or delivery receipts for all merchandise sold. In addition, VP Buildings the Borrower shall notify the Administrative Agent and the Collateral Agent Agents of any non-compliance in respect of the representations, warranties and covenants contained in Section 8.03. The items to be provided under this Section 8.02 are to be in form reasonably satisfactory to the Administrative Agent and the Collateral Agent Agents and are to be executed and delivered to the Administrative Agent and the Collateral Agent Agents from time to time solely for their convenience in maintaining records of the Collateral. VP BuildingsThe Borrower's or any of its Subsidiaries' failure to give any of such items to such the Agents shall not affect, terminate, modify or otherwise limit the Collateral Agent's Lien on the Collateral. VP Buildings The Borrower shall not, and shall not allow any of its Subsidiaries to, re-date any invoice or sale or make sales on extended dating beyond that customary in VP Buildings the Borrower's industry, and shall not re-bill xxx any Accounts Receivable without promptly disclosing the same to the Administrative Agent and Collateral Agent txx Xgents and providing the Administrative Agent and Collateral Agent Agents with a copy of such re-billing, identifying the same as such. If VP Buildings the Borrower becomes aware of anything materially detrimental to any of the Borrower's or any of its Subsidiaries' customers' credit, VP Buildings the Borrower will promptly advise the Administrative Agent and Collateral Agent Agents thereof.
Appears in 1 contract
Samples: Credit Agreement (Packaged Ice Inc)
Accounts Receivable Documentation. VP Buildings The Loan Parties will at such intervals as the Administrative Agent and the Collateral Agent may require, execute and deliver confirmatory written assignments of the Accounts Receivable to such Agents the Agent and furnish such further schedules and/or information as any such the Agent may reasonably require relating to the Accounts Receivable, including, without limitation, sales invoices or the equivalent, credit memos issued, remittance advicesadvises, reports and copies of deposit slips and copies of original shipping or delivery receipts for all merchandise sold. In addition, VP Buildings the Loan Parties shall notify the Administrative Agent and the Collateral Agent of any non-compliance in respect of the representations, warranties and covenants contained in Section 8.037.03. The items to be provided under this Section 8.02 7.02 are to be in form reasonably satisfactory to the Administrative Agent and the Collateral Agent and are to be executed and delivered to the Administrative Agent and the Collateral Agent from time to time solely for their convenience in maintaining records of the Collateralits convenience. VP Buildings' A Loan Party's failure to give any of such items to such Agents the Agent shall not affect, terminate, modify or otherwise limit the Collateral Agent's Lien on the Collateral. VP Buildings The Loan Parties shall not re-date any invoice or sale or make sales on extended dating beyond that customary in VP Buildings industrythe Loan Parties' industry and in the ordinary course of such Loan Party's business. In addition, and the Loan Party shall not re-bill xxx xxxx any Accounts Receivable without promptly disclosing the same to the Administrative Agent and Collateral Agent and providing the Administrative Agent and Collateral Agent with copy of such re-billing, identifying the same as such; provided, however, if the original invoice amount of any Account Receivable proposed to be re-billed equals or exceeds $50,000, the Loan Party shall give the Agent prior written notice thereof together with a copy of the proposed re-billing; provided, further, the Loan Party shall not be required to notify the Agent of any Accounts Receivable which are re-billed in order to correct invoice errors or which are re-billed in the ordinary course of business and in a manner and an amount consistent with past business practice to the extent the aggregate amount of such re-billed Accounts Receivable do not exceed $50,000 during any month. If VP Buildings any Loan Party becomes aware of anything materially detrimental to any of its the Loan Party's customers' credit, VP Buildings such Loan Party will promptly advise the Administrative Agent and Collateral Agent thereof.
Appears in 1 contract
Samples: Financing Agreement (Enherent Corp)
Accounts Receivable Documentation. VP Buildings The Borrower and the Domestic Guarantors will at such intervals as the Administrative Agent and the Collateral Agent may require, execute and deliver confirmatory written assignments of the Accounts Receivable to such Agents the Administrative Agent and furnish such further schedules and/or or information as any such the Administrative Agent may require reasonably request relating to the Accounts Receivable, including, without limitation, including sales invoices or the equivalent, credit memos issued, remittance advices, reports and copies of deposit slips and copies of original shipping or delivery receipts for all merchandise sold. In addition, VP Buildings the Borrower and the Domestic Guarantors shall notify the Administrative Agent and the Collateral Agent of any non-non compliance in respect of the representations, warranties and covenants contained in Section 8.03. The items to be provided under this Section 8.02 are to be in form reasonably satisfactory to the Administrative Agent and the Collateral Agent and are to be executed and delivered to the Administrative Agent and the Collateral Agent from time to time solely for their convenience in maintaining records of the Collateral. VP Buildings' The Borrower’s or any Domestic Guarantor’s failure to give any of such items to such Agents the Administrative Agent shall not affect, terminate, modify or otherwise limit the Collateral Agent's ’s Lien on the Collateral. VP Buildings Neither the Borrower nor any Domestic Guarantor shall not re-date any invoice or sale or make sales on extended dating beyond that customary in VP Buildings the Borrower’s or such Domestic Guarantor’s industry, and shall not re-bill xxx bxxx any Accounts Receivable without promptly disclosing the same to the Administrative Agent and Collateral Agent and providing the Administrative Agent and Collateral Agent with a copy of such re-billing, identifying the same as such. If VP Buildings the Borrower or any Domestic Guarantor becomes aware of anything materially detrimental to any of its the Borrower’s or any Domestic Guarantor’s customers' ’ credit, VP Buildings the Borrower or such Domestic Guarantor will promptly advise the Administrative Agent and Collateral Agent thereof.
Appears in 1 contract
Samples: Financing Agreement (PRG Schultz International Inc)
Accounts Receivable Documentation. VP Buildings Subject to the prior --------------------------------- rights of the Factor under the Factoring Agreements and the Assignment Agreement, the Company and each Borrower will at such intervals as the Administrative Agent and the Collateral Agent may reasonably require, execute and deliver confirmatory written assignments of the Accounts Receivable to such Agents the Collateral Agent and furnish such further schedules and/or information as any such the Collateral Agent may reasonably require relating to the Accounts Receivable, including, without limitation, sales invoices or the equivalent, credit memos issued, remittance advicesadvises, reports and copies of deposit slips and copies of original shipping or delivery receipts for all merchandise sold. In addition, VP Buildings the Company and each Borrower shall notify the Administrative Agent and the Collateral Agent of any material non-compliance in respect of the representations, warranties and covenants contained in Section 8.038.03 below. The items to be provided under this Section 8.02 are to be in form reasonably satisfactory to the Administrative Agent and the Collateral Agent and are to be executed and delivered to the Administrative Agent and the Collateral Agent from time to time solely for their its convenience in maintaining records of the Collateral. VP Buildings' The Company or any Borrower's failure to give any of such items to such Agents the Collateral Agent shall not affect, terminate, modify or otherwise limit the Collateral Agent's Lien on in the Collateral. VP Buildings Subject to the provisions of the Factoring Agreements, the Company and each Borrower shall not re-date any invoice or sale or make sales on extended dating beyond that customary in VP Buildings the Company's or such Borrower's industry, and shall not re-bill xxx re- xxxx any Accounts Receivable without promptly disclosing the same to the Administrative Agent Factor and the Collateral Agent and providing the Administrative Agent Factor and the Collateral Agent with copy of such re-billing, identifying the same as such. If VP Buildings the Company or any Borrower becomes aware of anything materially detrimental to the credit of any of its the Company's or any of the Borrowers' customers' creditwhich is not otherwise publicly known with respect to non-credit approved Accounts Receivable, VP Buildings the Company or such Borrower will promptly advise the Administrative Agent and Collateral Agent thereof.
Appears in 1 contract
Accounts Receivable Documentation. VP Buildings The Borrower and the Domestic Guarantors will at such intervals as the Administrative Agent and the Collateral Agent may require, execute and deliver confirmatory written assignments of the Accounts Receivable to such Agents the Administrative Agent and furnish such further schedules and/or or information as any such the Administrative Agent may require reasonably request relating to the Accounts Receivable, including, without limitation, including sales invoices or the equivalent, credit memos issued, remittance advices, reports and copies of deposit slips and copies of original shipping or delivery receipts for all merchandise sold. In addition, VP Buildings the Borrower and the Domestic Guarantors shall notify the Administrative Agent and the Collateral Agent of any non-non compliance in respect of the representations, warranties and covenants contained in Section 8.03. The items to be provided under this Section 8.02 are to be in form reasonably satisfactory to the Administrative Agent and the Collateral Agent and are to be executed and delivered to the Administrative Agent and the Collateral Agent from time to time solely for their convenience in maintaining records of the Collateral. VP Buildings' The Borrower's or any Domestic Guarantor's failure to give any of such items to such Agents the Administrative Agent shall not affect, terminate, modify or otherwise limit the Collateral Agent's Lien on the Collateral. VP Buildings Neither the Borrower nor any Domestic Guarantor shall not re-date any invoice or sale or make sales on extended dating beyond that customary in VP Buildings the Borrower's or such Domestic Guarantor's industry, and shall not re-bill xxx any Accounts Receivable without promptly disclosing the same to xx the Administrative Agent and Collateral Agent and providing the Administrative Agent and Collateral Agent with a copy of such re-billing, identifying the same as such. If VP Buildings the Borrower or any Domestic Guarantor becomes aware of anything materially detrimental to any of its the Borrower's or any Domestic Guarantor's customers' credit, VP Buildings the Borrower or such Domestic Guarantor will promptly advise the Administrative Agent and Collateral Agent thereof.
Appears in 1 contract
Samples: Financing Agreement (PRG Schultz International Inc)
Accounts Receivable Documentation. VP Buildings The Borrower will at such intervals as the Administrative Agent and the Collateral Agent Agents may require, execute and deliver confirmatory written assignments of the Accounts Receivable to such the Agents and furnish such further schedules and/or information as any such Agent may require relating to the Accounts ReceivableReceivable of the Borrower or its Subsidiaries, including, without limitation, sales invoices or the equivalent, credit memos issued, remittance advices, reports and copies of deposit slips and copies of original shipping or delivery receipts for all merchandise sold. In addition, VP Buildings the Borrower shall notify the Administrative Agent and the Collateral Agent Agents of any non-compliance in respect of the representations, warranties and covenants contained in Section 8.03. The items to be provided under this Section 8.02 are to be in form reasonably satisfactory to the Administrative Agent and the Collateral Agent Agents and are to be executed and delivered to the Administrative Agent and the Collateral Agent Agents from time to time solely for their convenience in maintaining records of the Collateral. VP Buildings' The Borrower’s failure to give any of such items to such the Agents shall not affect, terminate, modify or otherwise limit the Collateral Agent's ’s Lien on the Collateral. VP Buildings Upon the occurrence and continuance of an Event of Default, Borrower shall not re-date any invoice or sale or make sales on extended dating beyond that customary in VP Buildings the Borrower’s industry, and shall not re-bill xxx xxxx any Accounts Receivable without promptly disclosing the same to the Administrative Agent and Collateral Agent Agents and providing the Administrative Agent and Collateral Agent Agents with a copy of such re-billing, identifying the same as such. If VP Buildings the Borrower becomes aware of anything materially detrimental to any of its the Borrower’s customers' ’ credit, VP Buildings the Borrower will promptly advise the Administrative Agent and Collateral Agent Agents thereof.
Appears in 1 contract
Accounts Receivable Documentation. VP Buildings The Loan Parties will at such intervals as the Administrative Agent and the Collateral Agent may require, execute and deliver confirmatory written assignments of the Accounts Receivable to such Agents the Agent and furnish such further schedules and/or information as any such the Agent may reasonably require relating to the Accounts Receivable, including, without limitation, sales invoices or the equivalent, credit memos issued, remittance advicesadvises, reports and copies of deposit slips and copies of original shipping or delivery receipts for all merchandise sold. In addition, VP Buildings the Loan Parties shall notify the Administrative Agent and the Collateral Agent of any non-compliance in respect of the representations, warranties and covenants contained in Section 8.037.03. The items to be provided under this Section 8.02 7.02 are to be in form reasonably satisfactory to the Administrative Agent and the Collateral Agent and are to be executed and delivered to the Administrative Agent and the Collateral Agent from time to time solely for their convenience in maintaining records of the Collateralits convenience. VP Buildings' A Loan Party’s failure to give any of such items to such Agents the Agent shall not affect, terminate, modify or otherwise limit the Collateral Agent's ’s Lien on the Collateral. VP Buildings The Loan Parties shall not re-date any invoice or sale or make sales on extended dating beyond that customary in VP Buildings industrythe Loan Parties’ industry and in the ordinary course of such Loan Party’s business. In addition, and the Loan Party shall not re-bill xxx xxxx any Accounts Receivable without promptly disclosing the same to the Administrative Agent and Collateral Agent and providing the Administrative Agent and Collateral Agent with copy of such re-billing, identifying the same as such; provided, however, if the original invoice amount of any Account Receivable proposed to be re-billed equals or exceeds $50,000, the Loan Party shall give the Agent prior written notice thereof together with a copy of the proposed re-billing; provided, further, the Loan Party shall not be required to notify the Agent of any Accounts Receivable which are re-billed in order to correct invoice errors or which are re-billed in the ordinary course of business and in a manner and an amount consistent with past business practice to the extent the aggregate amount of such re-billed Accounts Receivable do not exceed $50,000 during any month. If VP Buildings any Loan Party becomes aware of anything materially detrimental to any of its the Loan Party’s customers' ’ credit, VP Buildings such Loan Party will promptly advise the Administrative Agent and Collateral Agent thereof.
Appears in 1 contract
Samples: Financing Agreement (Enherent Corp)
Accounts Receivable Documentation. VP Buildings The Borrowers will at such intervals as the Administrative Agent and the Collateral Agent Lender may require, execute and deliver confirmatory written assignments of the Accounts Receivable to such Agents the Lender and furnish such further schedules and/or information as any such Agent the Lender may reasonably require relating to the Accounts Receivable, including, without limitation, sales invoices or the equivalent, credit memos issued, remittance advicesadvises, reports and copies of deposit slips and copies of original shipping or delivery receipts for all merchandise sold. In addition, VP Buildings the Borrowers shall notify the Administrative Agent and the Collateral Agent Lender of any non-compliance in respect of the representations, warranties and covenants contained in Section 8.037.03. The items to be provided under this Section 8.02 7.02 are to be in form reasonably satisfactory to the Administrative Agent and the Collateral Agent Lender and are to be executed and delivered to the Administrative Agent and the Collateral Agent Lender from time to time solely for their its convenience in maintaining records of the Collateral. VP Buildings' A Borrower’s failure to give any of such items to such Agents the Lender shall not affect, terminate, modify or otherwise limit the Collateral Agent's Lender’s Lien on the Collateral. VP Buildings The Borrowers shall not re-date any invoice or sale or make sales on extended dating beyond that customary in VP Buildings industrythe Borrowers’ industry and in the ordinary course of such Borrower’s business. In addition, and the Borrowers shall not re-bill xxx xxxx any Accounts Receivable without promptly disclosing the same to the Administrative Agent and Collateral Agent Lender and providing the Administrative Agent and Collateral Agent Lender with copy of such re-billing, identifying the same as such; provided, however, if the original invoice amount of any Account Receivable proposed to be rebilled equals or exceeds $50,000, the Borrowers shall give the Lender prior written notice thereof together with a copy of the proposed re-billing; provided, further, the Borrowers shall not be required to notify the Lender of any Accounts Receivable which are re-billed in order to correct invoice errors or which are re-billed in the ordinary course of business and in a manner and an amount consistent with past business practice to the extent the aggregate amount of such re-billed Accounts Receivable do not exceed $50,000 during any month. If VP Buildings any Borrower becomes aware of anything materially detrimental to any of its the Borrower’s customers' ’ credit, VP Buildings such Borrower will promptly advise the Administrative Agent and Collateral Agent Lender thereof.
Appears in 1 contract
Samples: Financing Agreement (Enherent Corp)
Accounts Receivable Documentation. VP Buildings Subject to the --------------------------------- requirements of the Factoring Agreements and the CIT Assignment Agreement, each Borrower and Corporate Guarantor will at such intervals as the Administrative Agent and the Collateral Agent may require, execute and deliver confirmatory written assignments of the Accounts Receivable to such Agents the Agent and furnish such further schedules and/or information as any such the Agent may require relating to the Accounts Receivable, including, without limitation, sales invoices or the equivalent, credit memos issued, remittance advicesadvises, reports and copies of deposit slips and copies of original shipping or delivery receipts for all merchandise sold. In addition, VP Buildings each Borrower or Corporate Guarantor shall notify the Administrative Agent and the Collateral Agent of any non-compliance in respect of the representations, warranties and covenants contained in Section 8.038.03 below. The items to be provided under this Section 8.02 are to be in form reasonably satisfactory to the Administrative Agent and the Collateral Agent and are to be executed and delivered to the Administrative Agent and the Collateral Agent from time to time solely for their its convenience in maintaining records of the Collateral. VP Buildings' Any Borrower's or Corporate Guarantor's failure to give any of such items to such Agents the Agent shall not affect, terminate, modify or otherwise limit the Collateral Agent's Lien on the Collateral. VP Buildings Subject to the requirements of the Factoring Agreements, each Borrower and Corporate Guarantor shall not re-date any invoice or sale or make sales on extended dating beyond that customary in VP Buildings such Borrower's or Corporate Guarantor's industry, and shall not re-bill xxx xxxx any Accounts Receivable without promptly disclosing the same to the Administrative Agent and Collateral Agent and providing the Administrative Agent and Collateral Agent with copy of such re-billing, identifying the same as such. If VP Buildings any Borrower or Corporate Guarantor becomes aware of anything materially detrimental to any of its Borrower's or Corporate Guarantor's customers' credit, VP Buildings such Borrower or Corporate Guarantor will promptly advise the Administrative Agent and Collateral Agent thereof.
Appears in 1 contract
Samples: Financing Agreement (Happy Kids Inc)