Assignments, Records and Schedules of Accounts. If requested to do so by Lender, Borrower shall execute and deliver to Lender formal written assignments of all of its Accounts weekly (or, if requested by Lender, daily), together with copies of invoices or invoice registers related thereto. Borrower shall keep accurate and complete records of its Accounts and all payments and collections thereon and shall submit to Lender on a daily basis a sales and collections report for the preceding day, in form satisfactory to Lender. On or before the fifteenth day of each month from and after the date hereof, Borrower shall deliver to Lender, in form satisfactory to Lender, a detailed aged trial balance of all Accounts existing as of the last day of the preceding month, specifying the names, addresses, face value, dates of invoices and due dates for each Account Debtor obligated on an Account so listed ("Schedule of Accounts"), and, upon Lender's request therefor, copies of proof of delivery and the original copy of all documents, including, without limitation, repayment histories and present status reports relating to the Accounts so scheduled and such other matters and information relating to the status of then existing Accounts as Lender shall reasonably request. If any amounts due and owing in excess of $50,000 are in dispute between Borrower and any Account Debtor, Borrower shall provide Lender with written notice thereof at the time of submission of the next Schedule of Accounts, explaining in detail the reason for the dispute, all claims related thereto and the amount in controversy.
Appears in 2 contracts
Samples: Consolidated Loan and Security Agreement (DXP Enterprises Inc), Loan and Security Agreement (DXP Enterprises Inc)
Assignments, Records and Schedules of Accounts. If so requested to do so by Lender, each Borrower shall execute and deliver to Lender a Borrowing Base Certificate and formal written assignments of all of its Accounts weekly (or, if requested by Lender, daily), which shall include all Accounts that have been created since the date of the last assignment, together with copies of invoices or invoice registers related thereto. Borrower shall keep accurate and complete records of its Accounts and all payments and collections thereon and shall submit to Lender on a daily basis a sales and collections report for the preceding day, in form satisfactory to Lender. On or before the fifteenth day of each month ("Delivery Date") from and after the date hereof, each Borrower shall deliver to Lender, in form satisfactory reasonably acceptable to Lender, a detailed aged trial balance of all Accounts existing as of the last day of the preceding month, specifying the names, addresses, face value, dates of invoices and due dates for each Account Debtor obligated on an Account so listed ("Schedule of Accounts"), and, upon Lender's reasonable request therefor, copies of proof of delivery and the original copy of all documents, including, without limitation, repayment histories and present status reports relating to the Accounts so scheduled and such other matters and information relating to the status of then existing Accounts as Lender shall reasonably request. If Notwithstanding the foregoing, if any amounts due and owing in excess Borrower has sent to Lender a Schedule of $50,000 are in dispute between Borrower and any Account DebtorAccounts on or prior to the Delivery Date but Lender has not received such Schedule of Accounts by the Delivery Date, then such Borrower shall provide Lender with written notice thereof at the time of submission of the next have an additional five days to deliver such Schedule of Accounts, explaining Accounts following notice by Lender of its failure to receive any such Schedule of Accounts which notice may be given as provided in detail the reason for the dispute, all claims related thereto and the amount in controversySection 12.10 hereof or by telephone.
Appears in 1 contract
Assignments, Records and Schedules of Accounts. If requested to do so by Lender, Borrower shall execute and deliver to Lender formal written assignments of all of its Accounts weekly (or, if requested by Lender, daily), together with copies of invoices or invoice registers related thereto. Borrower shall keep accurate and complete records of its Accounts and all payments and collections thereon and shall submit to Lender on a daily basis a sales and collections report for the preceding day, in form satisfactory to Lenderthereon. On or before the fifteenth 20th day of each month from and after the date hereof, Borrower shall deliver to Lender, in form satisfactory acceptable to Lender, a detailed aged trial balance of all Accounts existing as of the last day of the preceding month, specifying the names, addresses, face value, dates of invoices and due dates for each Account Debtor obligated on an Account so listed ("Schedule of Accounts"), andalong with, upon if requested by Lender's request therefor, copies of proof of delivery and the original copy of all documents, including, without limitation, repayment histories and present status reports relating to the Accounts so scheduled and such other matters and information relating to the status of then existing Accounts as Lender shall reasonably request, and also with, if requested by Lender, formal written assignments by Borrower to Lender of all of Borrower's Accounts, together with copies of invoices or invoice registers related thereto. If any amounts due and owing in excess of $50,000 10,000 are in dispute between Borrower and any Account Debtor, Borrower shall provide Lender with written notice thereof at the time of submission of the next Schedule of Accounts, explaining in detail the reason for the dispute, all claims related thereto thereto, and the amount in controversy. In addition to and not in limitation of the other provisions of this Section 5.4, if at any time a Default occurs, Lender shall thereafter have the right to require that Borrower deliver to Lender such other reports, information and materials regarding the Accounts as shall be specified by Lender.
Appears in 1 contract
Samples: Loan and Security Agreement (Red Man Pipe & Supply Co)
Assignments, Records and Schedules of Accounts. If so requested to do so by LenderLender in writing, each Domestic Borrower shall execute and deliver to Lender formal written assignments of all of its Accounts weekly (or, if requested by Lender, daily), which shall include all Accounts that have been created since the date of the last assignment, together with copies of invoices or invoice registers related thereto. Borrower shall keep accurate and complete records of its Accounts and all payments and collections thereon and shall submit to Lender on a daily basis a sales and collections report for the preceding day, in form satisfactory to Lender. On or before the fifteenth day of each month from and after the date hereof, Borrower shall deliver to Lender, in form satisfactory to Lender, a detailed aged trial balance of all Accounts existing as of the last day of the preceding month, specifying the names, addresses, face value, dates of invoices and due dates for each Account Debtor obligated on an Account so listed ("Schedule of Accounts"), and, upon Lender's reasonable request therefor, copies of proof of delivery and the original copy of all documents, including, without limitationdelivery, repayment histories and present status reports relating to the Accounts so scheduled and such other matters and information relating to the status of then existing Accounts as Lender shall reasonably request. If any amounts due and owing in excess of $50,000 are in dispute between Borrower and any Account Debtor, Borrower shall provide Lender with written notice thereof at the time of submission of the next Schedule of Accounts, explaining in detail the reason for the dispute, all claims related thereto and the amount in controversy.
Appears in 1 contract
Samples: Loan and Security Agreement (Lowrance Electronics Inc)
Assignments, Records and Schedules of Accounts. If requested to do so by Lender, Borrower shall execute and deliver to Lender, on forms supplied by Lender formal and no less frequently than once a week, written assignments of all of its Accounts weekly (or, if requested by Lender, daily)after shipment of the subject goods, together with copies of invoices or and/or invoice registers related thereto. Borrower shall keep accurate and complete records of its Accounts and all payments and collections thereon and shall submit thereto as Lender may from time to Lender time request and, on a daily basis a sales and collections report for the preceding day, in form satisfactory to Lender. On or before the fifteenth last day of each month from and after the date hereof, Borrower shall deliver to Lender, in form satisfactory and substance acceptable to Lender, a detailed aged trial balance of all Accounts existing balance, dated as of the last day of the preceding month, of all then existing Accounts specifying the names, addresses, face value, value and dates of invoices and due dates for each Account Debtor obligated on an Account so listed ("Schedule listed. Borrower shall also provide Lender on or before the 10th day of Accounts")each month, anda monthly reconciliation of unbilled Accounts for the preceding month, and on or before the 30th day of each month, a monthly reconciliation between Accounts as shown on its General Ledger and all Borrowing Certificates for the preceding month, each in form acceptable to Lender and including such detail as Lender shall require. In addition, Borrower shall, upon Lender's request thereforrequest, furnish Lender with copies of proof of delivery and the original copy of all documentsdocuments relating to the Accounts, including, without limitation, repayment histories and present status reports reports, relating to the Accounts so scheduled and such other matters and information relating to the status of then existing Accounts as Lender shall reasonably request. If any amounts due and owing in excess of $50,000 are in dispute between Borrower and any Account Debtor, Borrower shall provide Lender with written notice thereof at the time of submission of the next Schedule of Accounts, explaining in detail the reason for the dispute, all claims related thereto and the amount in controversy.
Appears in 1 contract
Samples: Credit Facility and Security Agreement (International Total Services Inc)
Assignments, Records and Schedules of Accounts. If requested to do so by Lender, Borrower shall execute and deliver to Lender formal written assignments of all of its Accounts weekly (or, if requested by Lender, daily), together with copies of invoices or invoice registers related thereto. Borrower shall keep accurate and complete records of its Accounts and all payments and collections thereon and shall submit to Lender on a daily basis a sales and collections report for the preceding day, in form satisfactory to Lender. On or before the fifteenth (15th) calendar day of each month from and after the date hereofof this Agreement, the Borrower shall deliver to Lenderthe Agent, in form satisfactory and substance acceptable to Lenderthe Agent, a detailed summary aged trial balance of all Accounts existing the Borrower's and each of the Subsidiary Guarantor's Accounts, dated as of the last day of the preceding monthmonth (and upon the Bank's request, a detailed aged trial balance, of all such then existing Accounts specifying the names, addresses, face value, value and dates of invoices and due dates for each Account Debtor obligated on an any Account so listed ("Schedule of Accounts"listed), and. In addition, upon Lenderthe Agent's request thereforrequest, the Borrower shall furnish the Agent with copies of proof of delivery and the original a copy of all documents, documents relating to such Accounts including, without limitationbut not limited to, repayment histories and present status reports relating to the Accounts so scheduled reports, and such other matters and information relating to the status of then existing Accounts of the Borrower and each of the Subsidiary Guarantors as Lender the Agent shall reasonably request. If any amounts due and owing in excess If, upon the occurrence of $50,000 are in dispute between Borrower and any Account Debtoran Event of Default, the Agent so requests, the Borrower shall provide Lender with execute and deliver to the Agent, and shall cause each Subsidiary Guarantor to execute and deliver to the Agent, on forms supplied by the Agent and at such intervals as the Agent may from time to time require, written notice thereof at the time assignments of submission all of its Accounts after shipment of the next Schedule subject goods, together with copies of Accountsinvoices and/or invoice registers related thereto. Upon request of a Bank, explaining in detail the reason for the disputeAgent shall deliver to such Bank, and shall cause each of its Subsidiary Guarantors to deliver to such Bank, copies of each report and all claims related thereto and the amount in controversyother items delivered pursuant to this Section 4.9.
Appears in 1 contract
Assignments, Records and Schedules of Accounts. If so requested to do so by Lender, Borrower shall execute and deliver to Lender formal written assignments of all of its Accounts weekly (oron a monthly or more frequent basis, if requested by Lender, daily)which shall include all Accounts that have been created since the date of the last assignment, together with copies of invoices or invoice registers related thereto. Borrower shall keep accurate and complete records of its Accounts and all payments and collections thereon and shall submit to Lender on a daily monthly basis, unless requested on a more frequent basis by Lender, a sales and collections report for the preceding daymonth, in form satisfactory to Lender. On or before the fifteenth last day of each month from and after the date hereof, Borrower shall deliver to Lender, in form satisfactory to Lender, a detailed listing of all Unbilled Accounts existing as of the last day of the preceding month, a detailed aged trial balance of all Accounts existing as of the last day of the preceding month, specifying the names, addresses, face value, dates of invoices and due dates for each Account Debtor obligated on an Account so listed and a listing of all disputed amounts due and owing (a "Schedule of AccountsSCHEDULE OF ACCOUNTS"), and, and upon Lender's request therefor, the reason for any disputed amounts, all claims related thereto and the amount in controversy, and addresses, copies of proof of delivery and the original copy of all documents, including, without limitation, repayment histories and present status reports relating to the Accounts so scheduled scheduled, and such other matters and information relating to the status of then existing Accounts as Lender shall reasonably request. If any amounts due and owing in excess of $50,000 are in dispute between Borrower and any Account Debtor, Borrower shall provide Lender with written notice thereof at the time of submission of the next Schedule of Accounts, explaining in detail the reason for the dispute, all claims related thereto and the amount in controversy.
Appears in 1 contract
Samples: Loan and Security Agreement (Cal Dive International Inc)
Assignments, Records and Schedules of Accounts. If so requested to do so by LenderAgent, Borrower shall execute and deliver to Lender Agent formal written assignments of all of its Accounts on a weekly (oror more frequent basis, if requested by Lender, daily)which shall include all Accounts that have been created since the date of the last assignment, together with copies of invoices or invoice registers related thereto. Borrower shall keep accurate and complete records of its Accounts and all payments and collections thereon and shall submit to Lender Agent on a daily weekly basis, unless requested on a more frequent basis by Agent, a sales and collections report for the preceding dayweek, in form satisfactory to LenderAgent. On or before the fifteenth last day of each month week from and after the date hereof, Borrower shall deliver to LenderAgent, in form satisfactory to LenderAgent, a detailed listing of all Unbilled Accounts existing as of the last day of the preceding week, a detailed aged trial balance of all Accounts existing as of the last day of the preceding monthweek, specifying the names, addresses, face value, dates of invoices and due dates for each Account Debtor obligated on an Account so listed and a listing of all disputed amounts due and owing (a "Schedule of Accounts"), and, and upon LenderAgent's request therefor, the reason for any disputed amounts, all claims related thereto and the amount in controversy, and addresses, copies of proof of delivery and the original copy of all documents, including, without limitation, repayment histories and present status reports relating to the Accounts so scheduled scheduled, and such other matters and information relating to the status of then existing Accounts as Lender Agent shall reasonably request. If any amounts due and owing in excess of $50,000 are in dispute between Borrower and any Account Debtor, Borrower shall provide Lender with written notice thereof at the time of submission of the next Schedule of Accounts, explaining in detail the reason for the dispute, all claims related thereto and the amount in controversy.
Appears in 1 contract
Samples: Loan and Security Agreement (Cal Dive International Inc)