Assignment of Accounts. Pursuant to the terms herein, Customer hereby transfers and assigns to WFBC, its successors and assigns, as absolute owner, and WFBC hereby accepts from the Customer all of the Customer’s right, title and interest in and to:
(a) All of the Customer’s Accounts together with all rights of action accrued or to accrue thereon, including, without limitation, full power to collect, sxx for, compromise, assign, in whole or in part, or in any other manner enforce collection thereof in Customer’s name or otherwise; and
(b) All right, title and interest of the Customer in and to the books and records evidencing or relating to the Accounts, all deposits, or other security for the obligation of any person under or relating to the Accounts, all goods relating to, or which by sale have resulted in, the Accounts, including goods returned by any Account Debtor, debtor or obligor in any way obligated on or in connection with the Account including, without limitation, the Account Debtor, all rights of stoppage in transit, replevin, repossession and reclamation and all other rights of action of an unpaid vendor or lienor; and
Assignment of Accounts. To secure the prompt and unconditional payment, performance and discharge when due of all of Borrower’s obligations hereunder, under the Note, under this Agreement and under each and all of the other Loan Documents (collectively, the “Secured Obligations”), Borrower hereby assigns, pledges, conveys, sets over, delivers and transfers to Lender, for the benefit of the Lender, and grants a security interest to Lender, in and to all of Borrower’s now existing or hereafter arising right, title, estate, claim and interest in and to each and all of the following (the “Collateral”):
(a) each and all of (i) the Accounts and (ii) any other deposit, trust and other account into which any Funds and/or Proceeds may now or hereafter be deposited;
(b) all of the Account Collateral;
(c) all moneys now or at any time hereafter deposited in any or all of the Accounts, all certificates, instruments and securities (whether certificated or uncertificated), if any, from time to time representing any or all of such Accounts or any interest therein and all claims, demands, general intangibles, choses in action and other rights or interests of Borrower in respect of the Accounts or any moneys now or at any time hereafter deposited therein; and any increases, renewals, extensions, substitutions and replacements thereto;
(d) all notes, bonds, stocks, certificates of deposit, instruments and securities in which Funds or other Account Collateral may be invested or deposited and all interest, dividends, instruments and other property from time to time received in respect of or upon the sale, exchange or other transfer of any or all of the Account Collateral;
(e) all contract rights, instruments, documents, general intangibles and other rights which Borrower may now have or hereafter acquire with respect to any of the Account Collateral, including without limitation Borrower’s rights under any trust or other agreement with any depository bank relating in any manner to any of the Accounts;
(f) all accessions, increases and additions on or to any or all of the property described in items (a)-(e) above, inclusive; and
(g) all Proceeds of each and every item of property described hereinabove in items above, inclusive.
Assignment of Accounts. As security for the payment and/or performance of the Obligations, Borrower hereby transfers, assigns, and pledges to Lender and/or grants to Lender a security interest in all funds of Borrower now or hereafter or from time to time on deposit with Lender, with such interest of Lender to be retransferred, reassigned, and/or released by Lender, as the case may be, at the expense of Borrower upon payment in full and/or complete performance by Borrower of all Obligations. All remedies as secured party or assignee of such funds shall be exercisable by Lender upon the occurrence and during the continuance of any Event of Default, regardless of whether the exercise of any such remedy would result in any penalty or loss of interest or profit with respect to any withdrawal of funds deposited in a time deposit account prior to the maturity thereof. Furthermore, Borrower hereby grants to Lender the right, exercisable at such time as any Obligation shall mature, whether by acceleration of maturity or otherwise, of offset or banker's lien against all funds of Borrower now or hereafter or from time to time on deposit with Lender, regardless of whether the exercise of any such remedy would result in any penalty or loss of interest or profit with respect to any withdrawal of funds deposited in a time deposit account prior to the maturity thereof. Unless an Event of Default shall have occurred and shall be continuing, Borrower shall have the unfettered right to use any of such funds as Borrower deems appropriate in the operation of Borrower's business.
Assignment of Accounts. Pursuant to and subject to the terms and conditions of that certain Master Factoring Agreement between Assignor and Assignee (the “Factoring Agreement”), Assignor hereby sells, assigns and transfers to Assignee all of its right, title and interest in and to the Accounts arising from the invoices identified in Schedule A .
Assignment of Accounts. On the Closing Date, after confirmation by Seller of receipt of the payment of the Purchase Price, Seller shall execute and deliver or make available to Buyer the Transfer Documents. The Bxxx of Sale and Assignment shall have the same effect as an individual and separate bxxx of sale for and assignment of each and every Account referenced therein. Buyer shall be responsible at its own expense for the recording and/or filing of the originals of any such assignments as it deems necessary or appropriate in its sole discretion.
Assignment of Accounts. Upon cancellation of this Contract, or termination or transfer of Career Agent to another agency, or in any case to better serve an account, credit for service fees and the responsibility for servicing the account may be assigned to another agent. It will be the responsibility of Career Agent to maintain service records as required by the Company on each of Career Agent's assigned accounts. The Company reserves the right to review at least annually the account service records maintained by Career Agent. If the Company in its sole discretion determines that satisfactory service has not been given to an account, Company reserves the right to withdraw the account from Career Agent for purposes of service fees and service responsibility.
Assignment of Accounts. Except as otherwise provided herein, or otherwise agreed between us in writing, you hereby assign to us for purposes of collection only, all of your accounts, including your accounts arising from or related to your sales of inventory or rendition of services (including those accounts arising from sales made or services rendered under any trade names, through any divisions and through any selling agent) (collectively, the “Accounts” and individually, an “Account”), and we acknowledge and agree that, except as otherwise provided herein, all Accounts and all proceeds thereof shall be your sole property. For all purposes hereof, except to the extent otherwise provided herein, you hereby appoint us as your receivables management agent. In connection therewith we shall have 00 Xxxx 00xx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 t: 212.461.5200 the right to collect all Accounts, to receive all collections in respect thereof, and to perform all tasks and duties that may be necessary or advisable for carrying out of the transactions contemplated by this Agreement. Further in this regard, you also hereby authorize us to take any and all steps, in your name or in ours, which we deem necessary or desirable to collect all amounts due or to become due under any and all of the Accounts. We shall keep records covering the transactions contemplated by this Agreement, including the identity and collection status of each Account and collections in respect thereof.
Assignment of Accounts. The Company retains all rights to assign accounts to Marketing Consultants, Account Executives, and Account Representatives-Mail, and to implement any practices, policies or procedures regarding the assignment of accounts (“Market Assignment Guidelines”). The Company will notify the Union as to any changes to the Market Assignment Guidelines. The Company will establish Market Assignment Guidelines on a fair and unbiased basis. The Company will consider input from the Union. If the Company and the Union do not review the changes within ten (10) working days after the Company gives notice to the Union, the Company may proceed with implementation. The Company decision on any changes shall be final and shall not be subject to Union approval or arbitration. It is the Company’s intent to abide by its Market Assignment Guidelines as modified from time to time. Issues regarding enforcement of the Market Assignment Guidelines and their impact shall be through the grievance and arbitration provisions of this Agreement. The parties recognize, however, that it is not possible for the Market Assignment Guidelines to address all issues and circumstances that the general nature of the Market Assignment Guidelines can involve issues of interpretation, and that strict adherence to the terms of the Market Assignment Guidelines may not be appropriate in a particular circumstance. The Company’s decisions on such matters and their impact shall be entitled to deference provided they are not arbitrary.
Assignment of Accounts. Borrower hereby assigns to Bank all of Borrower's present and future Accounts, including all proceeds due thereunder, all guaranties and security therefor, and hereby grants to Bank a continuing security interest in all moneys collected as contemplated under Section 9 hereof as security for any and all obligations of Borrower to Bank, whether now owing or hereafter incurred and whether direct, indirect, absolute or contingent. So long as Borrower is indebted to Bank or Bank is committed to extend credit to Borrower and there shall exist and be continuing an Event of Default, Borrower will execute and deliver to Bank such assignments, including Bank's standard forms of Specific or General Assignment covering individual Accounts, notices, financing statements, and other documents and papers as Bank may require in order to affirm, effectuate or further assure the assignment to Bank of the Collateral or to give any third party, including the account debtors obligated on the Accounts, notice of Bank's interest in the Collateral. Notwithstanding the foregoing, so long as no Event of Default has occurred and is continuing, Borrower shall be entitled to use the proceeds of such Accounts in the ordinary course of its business.
Assignment of Accounts. The Vendor shall provide AutoZone written notice of an assignment, factoring or other transfer of its rights to receive payments arising under this Agreement 30 days prior to such assignment, factoring or other transfer taking legal effect. Such written notice shall include the name and address of the assignee/transferee, date assignment is to begin and terms of the assignment, and shall be considered delivered upon receipt of such written notice by the AutoZone Warehouse Accounting Manager. Vendor shall be allowed to have only one assignment, factoring, or other transfer legally effective at any one point in time. No multiple assignments, factorings or other transfers by the Vendor shall be permitted. Vendor shall indemnify AutoZone against and hold AutoZone harmless from any and all lawsuits, claims, actions, damages (including reasonable attorney fees, obligations, liabilities end liens) arising or imposed in connection with the assignment, factoring, or other transfer of any account or right arising thereunder where the Vendor has not complied with the assignment notification requirements of this section. Vendor also releases and waives any right, claim or action against AutoZone for amounts due and owing under this Agreement where Vendor did not comply with the notice requirements of this section. Such notice shall be mailed directly to: AutoZone Parts, Inc. Warehouse Accounting Manager Accounting Dept. 9010 X.X. Xxx 0000 Xxxxxxx. XX 00000 8. Performance Assignment: Vendor shall not assign the obligation to perform any order or any part thereof, and AutoZone shall not be obligated to accept a tender of performance by any assignee, unless AutoZone shall have previously expressly consented in writing to such an assignment.
