Allocation of Moneys following Termination Date. (a) Upon the occurrence of a Termination Date hereunder, the Master Servicer shall administer and monitor the Lockbox Account and any and all Collections and apply the amount of such Collections to the outstanding Net Value of Purchased Receivables. To the extent any Purchased Receivable becomes a Defaulted Receivable, the Purchaser may withdraw an amount equal to such Defaulted Receivable Amount from the Thermo Contingency Account and deposit such amount in the Lockbox Account, provided, however, that such recourse is expressly limited to the monies which comprise the Thermo Contingency Account at the time of the Termination Date which shall not at any time exceed the Specified Thermo Contingency Account Balance. Thereafter, any Excess Collection Amount which relates to Receivables not purchased by the Purchaser may not be used for deposit to the Thermo Contingency Account and shall be otherwise administered in accordance with this Agreement. (b) In any event, following the Termination Date and the Purchaser’s receipt of the Termination Fee, if any, the Seller may, at its option, repurchase all previously Purchased Receivables by depositing with the Purchaser the then aggregate uncollected portion of the Advance Amount with respect to such Purchased Receivables. Following such payment and any other amount due and owing the Purchaser under this Agreement, including without limitation any due but unpaid Commitment Fees or Discount Fees, this Agreement shall be deemed terminated. (c) On the first Determination Date on which the aggregate Net Value of all Purchased Receivables (other than Defaulted Receivables) is less than the aggregate amount remaining in the Thermo Contingency Account, the Master Servicer shall disburse all remaining amounts held in the Thermo Contingency Account to the Seller and all interests of the Purchaser in all Purchased Receivables owned by the Purchaser shall be reconveyed and reassigned by the Purchaser to the Seller, without recourse. Following such disbursement and reconveyance, this Agreement shall be deemed terminated.
Appears in 5 contracts
Samples: Factoring and Security Agreement, Factoring and Security Agreement (Cordia Corp), Receivables Sales Agreement (Trinsic, Inc.)
Allocation of Moneys following Termination Date. (a) Upon Following the occurrence of a Termination Date hereunderDate, the Master Servicer shall administer and monitor cause the Lockbox Account and any and all Collections and apply the amount of such Collections Trustee to the outstanding Net Value extent funds deposited hereunder (net of Purchased Receivables. To the extent any Purchased Receivable becomes a Defaulted Receivablewithdrawals required hereunder) are sufficient, the Purchaser may to withdraw an amount equal to such Defaulted Receivable Amount the Program Fee from the Thermo Contingency Offset Reserve Account on each Purchase Date and deposit such amount it in the Lockbox Equity Account, provided, however, that such recourse is expressly limited to the monies which comprise the Thermo Contingency Account at the time of the Termination Date which shall not at any time exceed the Specified Thermo Contingency Account Balance. Thereafter, any Excess Collection Amount which relates to Receivables not purchased by the Purchaser may not be used for deposit to the Thermo Contingency Account and shall be otherwise administered in accordance with this Agreement.
(b) In any event, following the Termination Date and the Purchaser’s receipt of the Termination Fee, if any, the Seller may, at its option, repurchase all previously Purchased Receivables by depositing with the Purchaser the then aggregate uncollected portion of the Advance Amount with respect to such Purchased Receivables. Following such payment and any other amount due and owing the Purchaser under this Agreement, including without limitation any due but unpaid Commitment Fees or Discount Fees, this Agreement shall be deemed terminated.
(c) On the first Determination Date on which the aggregate Net Value of all Purchased Receivables (other than Defaulted Receivables) (i) is less than 10% of the aggregate Net Value of Purchased Receivables (other than Defaulted Receivables) on the Termination Date and (ii) is less than the aggregate amount amounts deposited hereunder (net of withdrawals required hereunder) and remaining in the Thermo Contingency Seller Credit Reserve Account and the Offset Reserve Account, the Master Servicer shall cause the Trustee to withdraw an amount equal to such aggregate Net Value from such accounts and deposit it in the Purchase Account. Thereupon the Servicer shall cause the Trustee to disburse all remaining amounts held in the Thermo Contingency Collection Account, the Seller Credit Reserve Account and the Offset Reserve Account to the Seller and all interests of the Purchaser in all Purchased Receivables owned by the Purchaser shall be reconveyed and reassigned by the Purchaser to the Seller, without recourse. Following such disbursement and reconveyance, this Agreement shall be deemed terminated.
Appears in 3 contracts
Samples: Sale and Subservicing Agreement (Coastal Physician Group Inc), Sale and Subservicing Agreement (Coastal Physician Group Inc), Sale and Subservicing Agreement (Coastal Physician Group Inc)
Allocation of Moneys following Termination Date. (a) Upon the occurrence of a Termination Date hereunder, the Master Servicer Purchaser shall administer and monitor the Lockbox Account and any and all Collections and apply the amount of such Collections to the outstanding Net Value of Purchased Receivables. Following the Termination Date and the Purchaser's receipt of the Termination Fee, if applicable, from the Seller, the Purchaser shall, to the extent funds deposited hereunder (net of withdrawals required hereunder) are sufficient, withdraw an amount equal to the Program Fee from the Seller Credit Reserve Account on each Purchase Date and deposit it in the Purchase Account. To the extent that such funds do not equal the Program Fee, the Seller shall deposit in the Purchase Account the balance of the Program Fee within five Business Days following demand therefor. To the extent any Purchased Receivable becomes a Defaulted Receivable, the Purchaser may withdraw an amount equal to such Defaulted Receivable Amount from the Thermo Contingency Seller Credit Reserve Account and deposit such amount in the Lockbox Collection Account, provided, however, that such recourse is expressly limited to the monies which comprise the Thermo Contingency Seller Credit Reserve Account at the time of the Termination Date which shall not at any time exceed the Specified Thermo Contingency Account Credit Reserve Balance. Thereafter, any Excess Collection Amount which relates to Receivables not purchased by the Purchaser may not be used for deposit to the Thermo Contingency Seller Credit Reserve Account and shall be otherwise administered in accordance with this Agreement.
(b) In any event, following the Termination Date and the Purchaser’s 's receipt of the Termination Fee, if any, the Seller may, at its option, repurchase all previously Purchased Receivables which have not been fully paid by the respective Payors thereof by depositing with the Purchaser the then aggregate uncollected portion Net Value of the Advance Amount with respect to such Purchased Receivables. Following such payment and any other amount due and owing the Purchaser under this Agreement, including without limitation any due but unpaid Commitment Fees or Discount Fees, this Agreement shall be deemed terminated.
(c) On the first Determination Date date on which the aggregate Net Value of all Purchased Receivables (other than Defaulted Receivables) is less than the aggregate amount remaining in the Thermo Contingency Seller Credit Reserve Account, the Master Servicer Purchaser shall withdraw an amount equal to such aggregate Net Value from such accounts and deposit it in the Purchase Account. Thereupon the Purchaser shall disburse all remaining amounts held in the Thermo Contingency Seller Credit Reserve Account to the Seller and all interests of the Purchaser in all Purchased Receivables owned by the Purchaser shall be reconveyed and reassigned by the Purchaser to the Seller, without recourse. Following such disbursement and reconveyance, this Agreement shall be deemed terminated.
Appears in 2 contracts
Samples: Receivables Sale Agreement (Buyers United Inc), Receivables Sale Agreement (Z Tel Technologies Inc)
Allocation of Moneys following Termination Date. (a) Upon ------------------------------------------------ the occurrence of a Termination Date hereunder, the Master Servicer Purchaser shall administer and monitor the Lockbox Account and any and all Collections and apply the amount of such Collections to the outstanding Net Value of Purchased Receivables. Following the Termination Date and the Purchaser's receipt of the Termination Fee, if applicable, from the Seller, the Purchaser shall, to the extent funds deposited hereunder (net of withdrawals required hereunder) are sufficient, withdraw an amount equal to the Program Fee from the Seller Credit Reserve Account on each Purchase Date and deposit it in the Purchase Account. To the extent that such funds do not equal the Program Fee, the Seller shall deposit in the Purchase Account the balance of the Program Fee within five Business Days following demand therefor. To the extent any Purchased Receivable becomes a Defaulted Receivable, the Purchaser may withdraw an amount equal to such Defaulted Receivable Amount from the Thermo Contingency Seller Credit Reserve Account and deposit such amount in the Lockbox Collection Account, provided, however, that such recourse is expressly limited to the monies which comprise the Thermo Contingency Seller Credit Reserve Account at the time of the Termination Date which shall not at any time exceed the Specified Thermo Contingency Account Credit Reserve Balance. Thereafter, any Excess Collection Amount which relates to Receivables not purchased by the Purchaser may not be used for deposit to the Thermo Contingency Seller Credit Reserve Account and shall be otherwise administered in accordance with this Agreement.
(b) In any event, following the Termination Date and the Purchaser’s 's receipt of the Termination Fee, if any, the Seller may, at its option, repurchase all previously Purchased Receivables which have not been fully paid by the respective Payors thereof by depositing with the Purchaser the then aggregate uncollected portion Net Value of the Advance Amount with respect to such Purchased Receivables. Following such payment and any other amount due and owing the Purchaser under this Agreement, including without limitation any due but unpaid Commitment Fees or Discount Fees, this Agreement shall be deemed terminated.
(c) On Following the Termination Date, on the first Determination Date date on which the aggregate Net Value of all Purchased Receivables (other than Defaulted Receivables) is less than the aggregate amount remaining in the Thermo Contingency Seller Credit Reserve Account, the Master Servicer Purchaser shall withdraw an amount equal to such aggregate Net Value from such accounts and deposit it in the Purchase Account. Thereupon the Purchaser shall disburse all remaining amounts held in the Thermo Contingency Seller Credit Reserve Account to the Seller and all interests of the Purchaser in all Purchased Receivables owned by the Purchaser shall be reconveyed and reassigned by the Purchaser to the Seller, without recourse. Following such disbursement and reconveyance, this Agreement shall be deemed terminated.
Appears in 1 contract
Samples: Receivables Sale Agreement (Avery Communications Inc)
Allocation of Moneys following Termination Date. (a) Upon Following the occurrence of a Termination Date hereunderand the Purchaser's receipt of the Termination Fee, if applicable, from the Seller, the Master Servicer shall administer and monitor the Lockbox Account and any and all Collections and apply the amount of such Collections shall, to the outstanding Net Value extent funds deposited hereunder (net of Purchased Receivables. To the extent any Purchased Receivable becomes a Defaulted Receivablewithdrawals required hereunder) are sufficient, the Purchaser may withdraw an amount equal to such Defaulted Receivable Amount the Program Fee from the Thermo Contingency Seller Credit Reserve Account on each Purchase Date and deposit such amount it in the Lockbox Purchase Account, provided, however, . To the extent that such recourse is expressly limited to funds do not equal the monies which comprise Program Fee, the Thermo Contingency Seller shall deposit in the Purchase Account at the time balance of the Termination Date which shall not at any time exceed the Specified Thermo Contingency Account BalanceProgram Fee within five Business Days following demand therefor. Thereafter, any Excess Collection Amount which relates to Receivables not purchased by the Purchaser may not be used for deposit to the Thermo Contingency Account and shall be otherwise administered in accordance with this Agreement.
(b) In any event, following the Termination Date and the Purchaser’s 's receipt of the Termination Fee, if any, the Seller may, at its option, may repurchase all previously Purchased Receivables by depositing with the Purchaser the then aggregate uncollected portion Net Value of the Advance Amount with respect to such Purchased Receivables. Following such payment and any other amount due and owing the Purchaser under this Agreement, including without limitation any due but unpaid Commitment Fees or Discount Fees, this Agreement shall be deemed terminated.
(cb) On the first Determination Date on which the aggregate Net Value of all Purchased Receivables (other than Defaulted Receivables) (i) is less than 10% of the aggregate Net Value of Purchased Receivables (other than Defaulted Receivables) on the Termination Date and (ii) is less than the aggregate amount remaining in the Thermo Contingency Seller Credit Reserve Account, the Master Servicer shall withdraw an amount equal to such aggregate Net Value from such accounts and deposit it in the Purchase Account. Thereupon the Master Servicer shall disburse all remaining amounts held in the Thermo Contingency Seller Credit Reserve Account to the Seller and all interests of the Purchaser in all Purchased Receivables owned by the Purchaser shall be reconveyed and reassigned by the Purchaser to the Seller, without recourse. Following such disbursement and reconveyance, this Agreement shall be deemed terminated.
Appears in 1 contract
Allocation of Moneys following Termination Date. (a) Upon Following the occurrence of a Termination Date hereunderDate, the Master Servicer shall administer and monitor cause the Lockbox Account and any and all Collections and apply the amount of such Collections Trustee to the outstanding Net Value extent funds deposited hereunder (net of Purchased Receivables. To the extent any Purchased Receivable becomes a Defaulted Receivablewithdrawals required hereunder) are sufficient, the Purchaser may to withdraw an amount equal to such Defaulted Receivable Amount the unpaid Program Fee from the Thermo Contingency Offset Reserve Account or the Seller Credit Reserve Account on each Purchase Date and deposit such amount it in the Lockbox Equity Account, provided, however, . To the extent that such recourse is expressly limited to funds do not equal the monies which comprise Program Fee, the Thermo Contingency Seller shall deposit in the Equity Account at the time balance of the Termination Date which shall not at any time exceed the Specified Thermo Contingency Account Balance. Thereafter, any Excess Collection Amount which relates to Receivables not purchased by the Purchaser may not be used for deposit to the Thermo Contingency Account and shall be otherwise administered in accordance with this AgreementProgram Fee within five Business Days following demand therefor.
(b) In any event, following the Termination Date and the Purchaser’s receipt of the Termination Fee, if any, the Seller may, at its option, repurchase all previously Purchased Receivables by depositing with the Purchaser the then aggregate uncollected portion of the Advance Amount with respect to such Purchased Receivables. Following such payment and any other amount due and owing the Purchaser under this Agreement, including without limitation any due but unpaid Commitment Fees or Discount Fees, this Agreement shall be deemed terminated.
(c) On the first Determination Date on which the aggregate Net Value of all Purchased Receivables (other than Defaulted Receivables) (i) is less than 10% of the aggregate Net Value of Purchased Receivables (other than Defaulted Receivables) on the Termination Date 40 44 and (ii) is less than the aggregate amount amounts deposited hereunder (net of withdrawals required hereunder other than as set forth in this Section 6.4(b)) and remaining in the Thermo Contingency Seller Credit Reserve Account and the Offset Reserve Account, the Master Servicer shall cause the Trustee to withdraw an amount equal to such aggregate Net Value from such accounts and deposit it in the Purchase Account. Thereupon the Servicer shall cause the Trustee to disburse all an amount equal to the aggregate remaining amounts held in the Thermo Contingency Collection Account, the Seller Credit Reserve Account and the Offset Reserve Account to the Seller and all interests of the Purchaser in all Purchased Receivables owned by the Purchaser shall be reconveyed and reassigned by the Purchaser to the Seller, without recourse. Following such disbursement and reconveyance, this Agreement Agreement, except Section 9.1, shall be deemed terminatedterminated and the Purchaser shall release and shall cause the Trustee to release all of their respective interests in the Receivables of the Seller.
Appears in 1 contract
Samples: Sale and Subservicing Agreement (Coastal Physician Group Inc)
Allocation of Moneys following Termination Date. (a) Upon the occurrence of a Termination Date hereunder, the Master Servicer Purchaser shall administer and monitor the Lockbox Account Accounts and any and all Collections and apply the amount of such Collections to the outstanding Net Value of Purchased Receivables. Following the Termination Date and the Purchaser's receipt of the Termination Fee, if applicable, from the Seller, the Purchaser shall, to the extent funds deposited hereunder (net of withdrawals required hereunder) are sufficient, withdraw an amount equal to the Program Fee from the Seller Credit Reserve Account on each Purchase Date and deposit it in the Purchase Account. To the extent that such funds do not equal the Program Fee, the Seller shall deposit in the Purchase Account the balance of the Program Fee within five Business Days following demand therefor. To the extent any Purchased Receivable becomes a Defaulted Receivable, the Purchaser may withdraw an amount equal to such Defaulted Receivable Amount from the Thermo Contingency Seller Credit Reserve Account and deposit such amount in the Lockbox Collection Account, providedPROVIDED, howeverHOWEVER, that such recourse is expressly limited to the monies which comprise the Thermo Contingency Seller Credit Reserve Account at the time of the Termination Date which shall not at any time exceed the Specified Thermo Contingency Account Credit Reserve Balance. Thereafter, any Excess Collection Amount which relates to Receivables not purchased by the Purchaser may not be used for deposit to the Thermo Contingency Seller Credit Reserve Account and shall be otherwise administered in accordance with this Agreement.
(b) In any event, following the Termination Date and the Purchaser’s 's receipt of the Termination Fee, if any, the Seller may, at its option, repurchase all previously Purchased Receivables which have not been fully paid by the respective Payors thereof by depositing with the Purchaser the then aggregate uncollected portion Net Value of the Advance Amount with respect to such Purchased Receivables. Following such payment and any other amount due and owing the Purchaser under this Agreement, including without limitation any due but unpaid Commitment Fees or Discount Fees, this Agreement shall be deemed terminated.
(c) On the first Determination Date on which the aggregate Net Value of all Purchased Receivables (other than Defaulted Receivables) (i) is less than 10% of the aggregate Net Value of Purchased Receivables (other than Defaulted Receivables) on the Termination Date and (ii) is less than the aggregate amount remaining in the Thermo Contingency Seller Credit Reserve Account, the Master Servicer Purchaser shall withdraw an amount equal to such aggregate Net Value from such accounts and deposit it in the Purchase Account. Thereupon the Purchaser shall disburse all remaining amounts held in the Thermo Contingency Seller Credit Reserve Account to the Seller and all interests of the Purchaser in all Purchased Receivables owned by the Purchaser shall be reconveyed and reassigned by the Purchaser to the Seller, without recourse. Following such disbursement and reconveyance, this Agreement shall be deemed terminated.
Appears in 1 contract
Samples: Receivables Sale Agreement (Star Telecommunications Inc)
Allocation of Moneys following Termination Date. (a) Upon the occurrence of a Termination Date hereunder, the Master Servicer shall administer and monitor the Lockbox Blocked Account and any and all Collections and apply the amount of such Collections to the outstanding Net Value of Purchased Receivables. Following the Termination Date and the Purchaser's receipt of the Termination Fee, if applicable, from the Seller, the Master Servicer shall, to the extent funds deposited hereunder (net of withdrawals required hereunder) are sufficient, withdraw an amount equal to the Program Fee from the Seller Credit Reserve Account on each Purchase Date and deposit it in the Purchase Account. To the extent that such funds do not equal the Program Fee, the Seller shall deposit in the Purchase Account the balance of the Program Fee within five Business Days following demand therefor. To the extent any Purchased Receivable becomes a Defaulted Receivable, the Purchaser may withdraw an amount equal to such Defaulted Receivable Amount from the Thermo Contingency Seller Credit Reserve Account and deposit such amount in the Lockbox Purchase Account, provided, however, that such recourse is expressly limited to the monies which comprise the Thermo Contingency Seller Credit Reserve Account at the time of the Termination Date which shall not at any time exceed the Specified Thermo Contingency Account Credit Reserve Balance. Thereafter, any Excess Collection Amount which relates to Receivables not purchased by the Purchaser may not be used for deposit to the Thermo Contingency Seller Credit Reserve Account and shall be otherwise administered in accordance with this Agreement.
(b) In any event, following the Termination Date and the Purchaser’s 's receipt of the Termination Fee, if any, the Seller may, at its option, repurchase all previously Purchased Receivables which have not been fully paid by the respective Payors thereof by depositing with the Purchaser the then aggregate uncollected portion Net Value of the Advance Amount with respect to such Purchased Receivables. Following such payment and any other amount due and owing the Purchaser under this Agreement, including without limitation any due but unpaid Commitment Fees or Discount Fees, this Agreement shall be deemed terminated.
(c) On the first Determination Date on which the aggregate Net Value of all Purchased Receivables (other than Defaulted Receivables) (i) is less than 10% of the aggregate Net Value of Purchased Receivables (other than Defaulted Receivables) on the Termination Date and (ii) is less than the aggregate amount remaining in the Thermo Contingency Seller Credit Reserve Account, the Master Servicer shall withdraw an amount equal to such aggregate Net Value from such accounts and deposit it in the Purchase Account. Thereupon the Master Servicer shall disburse all remaining amounts held in the Thermo Contingency Seller Credit Reserve Account to the Seller and all interests of the Purchaser in all Purchased Receivables owned by the Purchaser shall be reconveyed and reassigned by the Purchaser to the Seller, without recourse. Following such disbursement and reconveyance, this Agreement shall be deemed terminated.
Appears in 1 contract
Samples: Receivables Sale Agreement (Yak Communications Usa Inc)
Allocation of Moneys following Termination Date. (a) Upon Following the occurrence of a Termination Date hereunderDate, the Master Servicer shall administer and monitor cause the Lockbox Account and any and all Collections and apply the amount of such Collections Trustee to the outstanding Net Value extent funds deposited hereunder (net of Purchased Receivables. To the extent any Purchased Receivable becomes a Defaulted Receivablewithdrawals required hereunder) are sufficient, the Purchaser may to withdraw an amount equal to such Defaulted Receivable Amount the Program Fee from the Thermo Contingency Offset Reserve Account on each Purchase Date and deposit such amount it in the Lockbox Equity Account, provided, however, . To the extent that such recourse is expressly limited to funds do not equal the monies which comprise Program Fee, the Thermo Contingency Seller shall deposit in the Equity Account at the time balance of the Termination Date which shall not at any time exceed the Specified Thermo Contingency Account Balance. Thereafter, any Excess Collection Amount which relates to Receivables not purchased by the Purchaser may not be used for deposit to the Thermo Contingency Account and shall be otherwise administered in accordance with this AgreementProgram Fee within five Business Days following demand therefor.
(b) In any event, following the Termination Date and the Purchaser’s receipt of the Termination Fee, if any, the Seller may, at its option, repurchase all previously Purchased Receivables by depositing with the Purchaser the then aggregate uncollected portion of the Advance Amount with respect to such Purchased Receivables. Following such payment and any other amount due and owing the Purchaser under this Agreement, including without limitation any due but unpaid Commitment Fees or Discount Fees, this Agreement shall be deemed terminated.
(c) On the first Determination Date on which the aggregate Net Value of all Purchased Receivables (other than Defaulted Receivables) (i) is less than 10% of the aggregate Net Value of Purchased Receivables (other than Defaulted Receivables) on the Termination Date and (ii) is less than the aggregate amount amounts deposited hereunder (net of withdrawals required hereunder) and remaining in the Thermo Contingency Seller Credit Reserve Account and the Offset Reserve Account, the Master Servicer shall cause the Trustee to withdraw an amount equal to such aggregate Net Value from such accounts and deposit it in the Purchase Account. Thereupon the Servicer shall cause the Trustee to disburse all remaining amounts to the Seller funds in an amount equal to the amount held in the Thermo Contingency Collection Account, the Seller Credit Reserve Account and the Offset Reserve Account related to the Seller and all interests of the Purchaser in all Purchased Receivables owned by the Purchaser shall be reconveyed by the Purchaser to the Seller and reassigned all interests of the Purchaser in all Purchased Receivables owned by the Purchaser shall be reconveyed by the Purchaser to the Seller, without recourse. Following such disbursement and reconveyance, this Agreement shall be deemed terminated.
Appears in 1 contract
Samples: Sale and Subservicing Agreement (Tender Loving Care Health Care Services Inc/ Ny)