Assigned Accounts. The following provisions shall apply to all debts, accounts, claims, moneys, receivables and other similar items of personal property assigned and transferred to the Holder as part of the Mortgaged Property (in this Section called the “assigned accounts”):
(a) collection: following the occurrence and during the continuance of an Event of Default, the Holder may collect, realize, sell or otherwise deal with the assigned accounts or any part thereof in such manner, upon such terms and conditions and at such time or times as may seem to it advisable and without notice to the Corporation (except as otherwise required by Applicable Law);
(b) not bound to collect: the Holder shall not be liable or accountable for any failure to collect, realize, sell or otherwise deal with or obtain payment of the assigned accounts or any part thereof and shall not be bound to institute proceedings for the purpose of collecting, realizing, selling or otherwise dealing with or obtaining payment of the same or for the purpose of preserving any rights of the Holder, the Corporation or any other person in respect of the same;
(c) application: all moneys collected or received by the Holder in respect of the assigned accounts shall be applied on account of such parts of the Obligations as the Holder in its discretion determines;
(d) trustee: following the occurrence and during the continuance of an Event of Default, all moneys collected or received by the Corporation in respect of the assigned accounts shall be held in trust by the Corporation for the benefit of the Holder, and paid over to the Holder forthwith on demand;
Assigned Accounts. Assigned accounts are the Company’s domestic or international customers or prospects that are assigned to a Participant. If applicable, the specific accounts that are assigned are presented in Schedule 2, attached hereto. The Company may identify specific house accounts that are not assigned to a Participant and will not qualify for calculating sales credit toward a Participant’s Quota.
Assigned Accounts. Evidence that each of the Assigned Accounts has been opened.
Assigned Accounts. YKTG represents and warrants to the Company that YKTG has title to all the Accounts and has the legal right to sell, assign, transfer and set over the same to the Company and that each Account is and shall be (a) based upon a bona fide sale and provision of services made by YKTG in the ordinary course of YKTG's business under the Sprint Contract; (b) based upon services which have been received and accepted by Sprint without dispute or claim of any kind; (c) free and clear of any offset, deduction, counterclaim, or any other claim or dispute (real or claimed), including, without limitation, claims or disputes as to price, terms, quantity or quality and claims of release from liability or because of any act of God, or a public enemy, or war, or because of the requirements of law or of rules, orders or regulations having the force of law; and (d) except for ATG's security interest therein, free and clear of any security interests, liens or encumbrances thereon and shall remain so at all times in the future.
Assigned Accounts. The assignment of an account pursuant to this agreement shall be an assignment of all rights and interests of the creditor relating to that account, including all contractual and statutory rights. For all accounts assigned, AGENCY and CLIENT acknowledge that AGENCY may enforce all legal rights for the assigned account, including recovery of all interest, fees, and other amounts ro damages owed or to be owed by the person(s) for any assigned account, subject to AGENCY’s duties and obligations to CLIENT pursuant to this Agreement.
Assigned Accounts. The Parties agree that the Assigned Accounts shall be considered a “Collateral” for the purposes of the Loan Documents.
Assigned Accounts. 9.4.1 In the Event of Default or so long as a prior Event of Default has not been cured by Company, the Company shall not be entitled to receive, withdraw or otherwise transfer any credit balance from time to time on any Assigned Account, except with the prior consent of the Security Holder and under clause 10 (Monetary Claims) or to cure an Event of Default with Security Holder or Lender without prior consent of Security Holder.
9.4.2 The Security Holder shall, upon the occurrence of an Event of Default (as long as it is continuing), be entitled without notice to exercise from time to time all rights, powers and remedies held by it as assignee of the Assigned Accounts and to:
(a) demand and receive all and any monies due under or arising out of each Assigned Account; and
(b) exercise all such rights as the Company was then entitled to exercise in relation to such Assigned Account or might, but for the terms of this Agreement, exercise.
Assigned Accounts. The Security Trustee shall, after the security created under this Debenture has become enforceable under Clause 14.1, be entitled to exercise from time to time all rights, powers and remedies held by it as assignee of the Assigned Accounts and to: [
(a) demand and receive all and any monies due under or arising out of each Assigned Account; and
(b) exercise all such rights as the Chargor was then entitled to exercise in relation to such Assigned Account or might, but for the terms of this Debenture, exercise.
Assigned Accounts. 9.3.1 No Company shall be entitled to receive, withdraw or otherwise transfer any credit balance from time to time on any Assigned Account except with the prior consent of the Security Trustee or as permitted pursuant to the terms of the Escrow Agreement.
9.3.2 The Security Trustee shall, upon the occurrence of an Enforcement Event and at any time thereafter while such Enforcement Event is continuing, be entitled without notice to exercise from time to time all rights, powers and remedies held by it as assignee of the Assigned Accounts and to:
(a) demand and receive all and any monies due under or arising out of each Assigned Account; and
(b) exercise all such rights as any Company might, in relation to such Assigned Account, exercise but for the terms of this Debenture.
Assigned Accounts. No Chargor shall be entitled to receive, withdraw or otherwise transfer any credit balance from time to time on any Assigned Account except with the prior consent of the Trustee or as permitted pursuant to the terms of the Credit Agreement and pursuant to the terms of Clause 10 (Monetary Claims).
