Common use of Certain Rights of the Purchaser Clause in Contracts

Certain Rights of the Purchaser. (a) The Purchaser may, at any time, give notice of ownership and/or direct the Obligors of Transferred Receivables and any Person obligated on any Related Security, or any of them, that payment of all amounts payable under any Transferred Receivable shall be made directly to the Purchaser or its designee. The Seller hereby transfers to the Purchaser (and its assigns) the exclusive ownership and control of the Lockbox. (b) The Seller shall, at any time upon the Purchaser's request and at the Seller's expense, give notice of its ownership of the Transferred Receivables to each Obligor thereof and direct that payments of all amounts payable under such Transferred Receivables be made directly to the Purchaser or its designee. (c) At the Purchaser's request and at the Seller's expense, the Seller and the Collection Agent shall (i) assemble all documents, instruments and other records (including, without limitation, computer tapes and disks) that evidence or relate to the Transferred Receivables and the related Contracts and Related Security, or that are otherwise necessary or desirable to collect the Transferred Receivables, and shall make the same available to the Purchaser at a place selected by the Purchaser or its designee and (ii) segregate all cash, checks and other instruments received by it from time to time constituting Collections of Transferred Receivables in a manner acceptable to the Purchaser and, promptly upon receipt, remit all such cash, checks and instruments, duly indorsed or with duly executed instruments of transfer, to the Lockbox. The Purchaser shall also have the right to make copies of all such documents, instruments and other records at any time. (d) The Seller authorizes the Purchaser to take any and all steps in the Seller's name and on behalf of the Seller that are reasonably necessary or desirable, in the determination of the Purchaser, to collect amounts due under the Transferred Receivables, including, without limitation, endorsing the Seller's name on checks and other instruments representing Collections of Transferred Receivables and enforcing the Transferred Receivables and the Related Security and related Contracts.

Appears in 1 contract

Samples: Purchase Agreement (Response Usa Inc)

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Certain Rights of the Purchaser. (a) The Purchaser may, at any time, give notice of ownership and/or direct the Obligors of Transferred Receivables and any Person obligated on any Related Security, or any of them, that payment of all amounts payable under any Transferred Receivable shall be made directly to the Purchaser or its designee. The Each Seller hereby transfers to the Purchaser (and its assignsassigns and designees) the exclusive ownership and control of the LockboxLock-Boxes and Deposit Accounts maintained by such Seller for the purpose of receiving Collections. (b) The Seller shall, at At any time following an Event of Termination, the Purchaser may (and, upon the Purchaser's ’s request to the applicable Seller, and at the such applicable Seller's ’s expense, such Seller shall) give notice of its the Purchaser’s ownership of the Transferred Receivables to each Obligor thereof of Transferred Receivables and direct that payments of all amounts payable under such the Transferred Receivables be made directly to the Purchaser or its designee. (c) At any time following an Event of Termination, at the Purchaser's ’s request and at the applicable Seller's ’s expense, the each Seller and the Collection Agent shall (iA) assemble all of the documents, instruments and other records (including, without limitation, computer tapes and disks) that evidence or relate to the Transferred Receivables Receivables, and the related Contracts and Related Security, or that are otherwise necessary or desirable to collect the Transferred Receivables, and shall make the same available to the Purchaser at a place selected by the Purchaser or its designee designee, and (iiB) segregate all cash, checks and other instruments received by it from time to time constituting Collections of Transferred Receivables in a manner acceptable to the Purchaser and, promptly upon receipt, remit all such cash, checks and instruments, duly indorsed or with duly executed instruments of transfer, to the LockboxPurchaser or its designee. The Purchaser shall also have the right to make copies of all such documents, instruments and other records at any time. (d) The Seller authorizes the Purchaser to take any and all steps in the Seller's name and on behalf of the Seller that are reasonably necessary or desirable, in the determination of the Purchaser, to collect amounts due under the Transferred Receivables, including, without limitation, endorsing the Seller's name on checks and other instruments representing Collections of Transferred Receivables and enforcing the Transferred Receivables and the Related Security and related Contracts.

Appears in 1 contract

Samples: Purchase and Contribution Agreement (Olin Corp)

Certain Rights of the Purchaser. (a) The Purchaser may, at any time, give notice of ownership and/or direct the Obligors of Transferred Receivables and any Person obligated on any Related Security, or any of them, that payment of all amounts payable under any Transferred Receivable shall be made directly to the Purchaser or its designee. The Each Seller hereby transfers to the Purchaser (and its assignsassigns and designees) the exclusive ownership and control of each Lock-Box Account maintained by such Seller for the Lockboxpurpose of receiving Collections. (b) The At any time following the designation of a Collection Agent other than Ferro Corporation pursuant to Section 6.01 or following an Event Termination, a Special Event or an Incipient Event of Termination: (i) Each Seller shall, at any time upon the Purchaser's request and at the such Seller's expense, give notice of its the Purchaser's ownership of the Transferred Receivables to each Obligor thereof of Transferred Receivables and direct that payments of all amounts payable under such Transferred Receivables be made directly to the Purchaser or its designee. (cii) At the Purchaser's request and at the relevant Seller's expense, the each Seller and the Collection Agent shall (iA) assemble all of the documents, instruments and other records (including, without limitation, computer tapes and disks) that evidence or relate to the Transferred Receivables Receivables, and the related Contracts and Related Security, or that are otherwise necessary or desirable to collect the Transferred Receivables, and shall make the same available to the Purchaser at a place selected by the Purchaser or its designee designee, and (iiB) segregate all cash, checks and other instruments received by it from time to time constituting Collections of Transferred Receivables in a manner acceptable to the Purchaser and, promptly upon receipt, remit all such cash, checks and instruments, duly indorsed or with duly executed instruments of transfer, to the LockboxPurchaser or its designee. The Purchaser shall also have the right to make copies of all such documents, instruments and other records at any time. (diii) The Each Seller authorizes the Purchaser to take any and all steps in the such Seller's name and on behalf of the such Seller that are reasonably necessary or desirable, in the determination of the Purchaser, to collect amounts due under the Transferred Receivables, including, without limitation, endorsing the such Seller's name on checks and other instruments representing Collections of Transferred Receivables and enforcing the Transferred Receivables and the Related Security and related Contracts.

Appears in 1 contract

Samples: Purchase and Contribution Agreement (Ferro Corp)

Certain Rights of the Purchaser. (a) The Purchaser may, at any timetime during the existence of an Event of Termination, give notice of ownership to, and/or direct direct, the Obligors of Transferred Receivables Assets and any other Person obligated on any Related SecurityTransferred Assets, or any of them, that payment of all amounts payable under any Transferred Receivable Asset shall be made directly to the Purchaser or its designee. assignees. (b) The Seller Initial Purchase hereunder shall include the transfer by each Originator, and each Originator does hereby transfers transfer, to the Purchaser (and its assignsassigns and designees) the exclusive ownership and control of the Lockbox. (b) The Seller shallLockboxes and Deposit Accounts. From and after the Initial Purchase Date, at no Originator shall have any time upon right to withdraw or order a transfer of funds from the Purchaser's request and at Deposit Accounts or to direct the Seller's expense, give notice investment of its ownership of the Transferred Receivables to each Obligor thereof and direct that payments of all amounts payable under such Transferred Receivables be made directly to the Purchaser or its designeeany funds therein. (c) At the Purchaser's request and at the Sellerapplicable Originator's expense, the Seller and the Collection Agent each Originator shall (i) assemble all of the documents, instruments and other records (including, without limitation, computer tapes and disks) that evidence or relate to the Transferred Receivables and the related Contracts and Related Security, Assets or that are otherwise necessary or desirable to collect the Transferred ReceivablesAssets, and shall make the same available to the Purchaser at a place selected by the Purchaser or its designee designee, and (ii) segregate all cash, checks and other instruments received by it from time to time constituting Collections of Transferred Receivables Assets in a manner acceptable to the Purchaser and, promptly upon receipt, remit all such cash, checks and instruments, duly indorsed or with duly executed instruments of transfer, to the LockboxPurchaser or its designee. The Purchaser shall also have the right to make copies of all such documents, instruments and other records at any time. (d) The Seller Each Originator authorizes the Purchaser to take any and all steps in the Sellerapplicable Originator's name and on behalf of the Seller such Originator that are reasonably necessary or desirable, in the determination of the Purchaser, to collect amounts due under the Transferred ReceivablesAssets, including, without limitation, endorsing the Sellersuch Originator's name on checks and other instruments representing Collections of Transferred Receivables Assets and enforcing the Transferred Receivables and the Related Security and related ContractsAssets.

Appears in 1 contract

Samples: Originator Purchase Agreement (Hayes Lemmerz International Inc)

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Certain Rights of the Purchaser. (a) The Purchaser may, at any time, give notice of ownership and/or direct the Obligors of Transferred Receivables and any Person obligated on any Related Security, or any of them, that payment of all amounts payable under any Transferred Receivable shall be made directly to the Purchaser or its designee. The Seller hereby transfers to the Purchaser (and its assignsassigns and designees) the exclusive ownership and control of the LockboxLock-Box Accounts maintained by the Seller for the purpose of receiving Collections. (b) The Seller shall, at any time upon the Purchaser's request and at the Seller's expense, give notice of its such ownership of the Transferred Receivables to each Obligor thereof of Transferred Receivables and direct that payments of all amounts payable under such Transferred Receivables be made directly to the Purchaser or its designee. (c) At the Purchaser's request after the occurrence of an Event of Termination and at the Seller's expense, the Seller and the Collection Agent shall (ix) assemble all of the documents, instruments and other records (including, without limitation, computer tapes and disks) that evidence or relate to the Transferred Receivables acquired from the Seller, and the related Contracts and Related Security, or that are otherwise necessary or desirable to collect the Transferred Receivables, and shall make the same available to the Purchaser Collection Agent at a place selected by the Purchaser or its designee Collection Agent, and (iiy) segregate all cash, checks and other instruments received by it from time to time constituting Collections of such Transferred Receivables in a manner acceptable to the Purchaser and, promptly upon receipt, remit all such cash, checks and instruments, duly indorsed endorsed or with duly executed instruments of transfer, to the LockboxPurchaser or its designee. The Purchaser shall also have the right to make copies of all such documents, instruments and other records at any time. (d) The Seller authorizes the Purchaser to take any and all steps in the Seller's name and on behalf of the Seller that are reasonably necessary or desirable, in the determination of the Purchaser, to collect amounts due under the Transferred Receivables, including, without limitation, endorsing the Seller's name on checks and other instruments representing Collections of Transferred Receivables and enforcing the Transferred Receivables and the Related Security and related Contracts.

Appears in 1 contract

Samples: Receivables Purchase and Contribution Agreement (Coltec Industries Inc)

Certain Rights of the Purchaser. (a) The Purchaser may, at any timetime after the occurrence of an Event of Termination, give notice of ownership and/or direct the Obligors of Transferred Receivables and any Person obligated on any Related Security, or any of them, that payment of all amounts payable under any Transferred Receivable shall be made directly to the Purchaser or its designee. The Seller hereby transfers to the Purchaser (and its assignsassigns and designees) the exclusive ownership and control of the LockboxLock-Box Accounts maintained by the Seller for the purpose of receiving Collections. (ba) The Seller shall, at any time after the occurrence of an Event of Termination, upon the Purchaser's request and at the Seller's expense, give notice of its such ownership of the Transferred Receivables to each Obligor thereof of Transferred Receivables and direct that payments of all amounts payable under such Transferred Receivables be made directly to the Purchaser or its designee. (cb) At the Purchaser's request and at the Seller's expense, the Seller and the Collection Agent shall shall, at any time after the occurrence of an Event of Termination, (iA) assemble all of the documents, instruments and other records (including, without limitation, computer tapes and disks) that evidence or relate to the Transferred Receivables Receivables, and the related Contracts and Related Security, or that are otherwise necessary or desirable to collect the Transferred Receivables, and shall make the same available to the Purchaser at a place selected by the Purchaser or its designee designee, and (iiB) segregate all cash, checks and other instruments received by it from time to time constituting Collections of Transferred Receivables in a manner acceptable to the Purchaser and, promptly upon receipt, remit all such cash, checks and instruments, duly indorsed or with duly executed instruments of transfer, to the LockboxPurchaser or its designee. The Purchaser shall also have the right to make copies of all such documents, instruments and other records at any time. (dc) The Seller authorizes the Purchaser Purchaser, at any time after the occurrence of an Event of Termination, to take any and all steps in the Seller's name and on behalf of the Seller that are reasonably necessary or desirable, in the determination of the Purchaser, to collect amounts due under the Transferred Receivables, including, without limitation, endorsing the Seller's name on checks and other instruments representing Collections of Transferred Receivables and enforcing the Transferred Receivables and the Related Security and related Contracts.

Appears in 1 contract

Samples: Purchase and Contribution Agreement (Personal Care Holdings Inc)

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