Common use of Chargebacks Clause in Contracts

Chargebacks. SHF shall have the right to chargeback to Client any Purchased Account: (a) that remains unpaid ninety (90) calendar days after the invoice date; (b) with respect to which there has been a breach of any warranty, representation, covenant or agreement set forth in this Agreement; (c) with respect to which the Account Debtor asserts any Adjustment, or (d) that is owed by an Account Debtor who has filed, or has had filed against it, any bankruptcy case, insolvency proceeding, assignment for the benefit of creditors, receivership or insolvency proceeding, or who has become insolvent (as defined in the United States Bankruptcy Code) or who is generally not paying its debts as such debts become due. Upon demand by SHF, Client shall pay to SHF the full face amount of any Purchased Account that has been charged back pursuant to this Section, or to the extent partial payment has been made, the amount by which the face amount of such Purchased Account exceeds such partial payment, together with any attorneys' fees and costs incurred by SHF in connection with collecting such Purchased Account (collectively, the "Chargeback Amount"), SHF shall advise Client regarding how the Chargeback Amount shall be paid, which may be by any one or a combination of the following, in SHF's sole discretion: (1) payment in cash immediately upon demand; (2) deduction from or offset against any Remittance that would otherwise be payable to Client; (3) payment from any Advances that may otherwise be made to Client; (4) adjustment to the Reserve pursuant to Section 1.2 hereof; or (5) delivery of substitute Accounts and a Schedule of Accounts acceptable to SHF, which Accounts shall constitute Purchased Accounts.

Chargebacks. SHF Purchaser shall have the right to chargeback to Client Seller any Purchased Account: (aA) that which remains unpaid ninety (90) calendar days after the invoice date; (bB) with respect to which there has been a breach of any warranty, representation, covenant or agreement set forth in this Agreement; (cC) with respect to which the Account Debtor asserts any Adjustment, ; or (dD) that which is owed by an Account Debtor who has filed, or has had filed against it, any bankruptcy case, insolvency proceeding, assignment for the benefit of creditors, receivership or insolvency proceeding, or who has become insolvent (as defined in the United States Bankruptcy Code) or who is generally not paying its debts as such debts become due. Upon demand by SHFPurchaser, Client Seller shall pay to SHF Purchaser the full face amount of any Purchased Account that which has been charged back to Seller pursuant to this SectionSection 3.2, or to the extent partial payment has been made, the amount by which the face amount of such Purchased Account exceeds such partial payment, together with any attorneys' fees and costs incurred by SHF Purchaser in connection with collecting such Purchased Account (collectively, the "Chargeback Amount"), SHF . Purchaser shall advise Client Seller regarding how the Chargeback Amount shall be paid, which may be by any one or a combination of the following, in SHFPurchaser's sole discretion: (1) payment in cash immediately upon demand; (2) deduction from or offset against any Remittance that would otherwise be payable to ClientSeller; (3) payment from any Advances that may otherwise be made to ClientSeller; (4) adjustment to the Reserve pursuant to Section 1.2 1.3 hereof; or (5) delivery of substitute Accounts and a Schedule of Accounts acceptable to SHFPurchaser, which Accounts shall constitute Purchased Accounts.

Chargebacks. SHF shall have the right to chargeback to Client any Purchased Account: (a) that remains unpaid ninety (90) calendar days after the invoice date; (b) with respect to which there has been a breach of any warranty, representation, covenant or agreement set forth in this Agreement; (c) with respect to which the Account Debtor asserts any Adjustment, or (d) that is owed by an Account Debtor who has filed, or has had filed against it, any bankruptcy case, insolvency proceeding, assignment for the benefit of creditors, receivership or insolvency proceeding, or who has become insolvent (as defined in the United States Bankruptcy Code) or who is generally not paying its debts as such debts become due. Upon demand by SHF, Client shall pay to SHF the full face amount of any Purchased Account that has been charged back pursuant to this Section, or to the extent partial payment has been made, the amount by which the face amount of such Purchased Account exceeds such partial payment, together with any attorneys' ’ fees and costs incurred by SHF in connection with collecting such Purchased Account (collectively, the "“Chargeback Amount"”), SHF shall advise Client regarding how the Chargeback Amount shall be paid, which may be by any one or a combination of the following, in SHF's ’s sole discretion: (1) payment in cash immediately upon demand; (2) deduction from or offset against any Remittance that would otherwise be payable to Client; (3) payment from any Advances that may otherwise be made to Client; (4) adjustment to the Reserve pursuant to Section 1.2 hereof; or (5) delivery of substitute Accounts and a Schedule of Accounts acceptable to SHF, which Accounts shall constitute Purchased Accounts.

Chargebacks. SHF Lender shall have the right to chargeback to Client Borrower any Purchased Financed Account: (aA) that which remains unpaid ninety (90) calendar days after the invoice date; (bB) with respect to which there has been a breach of any warranty, representation, covenant or agreement set forth in this Agreement; (cC) with respect to which the Account Debtor asserts any Adjustment, ; or (dD) that which is owed by an Account Debtor who has filed, or has had filed against it, any bankruptcy case, insolvency proceeding, assignment for the benefit of creditors, receivership or insolvency proceeding, or who has become insolvent (as defined in the United States Bankruptcy Code) or who is generally not paying its debts as such debts become due. Upon demand by SHFLender, Client Borrower shall pay to SHF Lender the full face amount of any Purchased Financed Account that which has been charged back to Borrower pursuant to this SectionSection 3.2, or to the extent partial payment has been made, the amount by which the face amount of such Purchased Financed Account exceeds such partial payment, together with any attorneys' fees and costs incurred by SHF Lender in connection with collecting such Purchased Financed Account (collectively, the "Chargeback Amount"), SHF . Lender shall advise Client Borrower regarding how the Chargeback Amount shall be paid, which may be by any one or a combination of the following, in SHFLender's sole discretion: (1) payment in cash immediately upon demand; (2) deduction from or offset against any Remittance that would otherwise be payable to ClientBorrower; (3) payment from any Advances that may otherwise be made to ClientBorrower; (4) adjustment to the Reserve pursuant to Section 1.2 1.3 hereof; or (5) delivery of substitute Accounts and a Schedule of Accounts acceptable to SHFLender, which Accounts shall constitute Purchased Financed Accounts.

Chargebacks. SHF Purchaser shall have the right to chargeback to Client Seller any Purchased Account: (aA) that which remains unpaid ninety (90) calendar days after the invoice datedated; (bB) with respect to which there has been a breach of any warranty, representation, covenant or agreement set forth in this Agreement; (cC) with respect to which the Account Debtor asserts any Adjustment, ; or (dD) that which is owed owned by an Account Debtor who has filed, or has had filed against it, any bankruptcy case, insolvency proceeding, assignment for of the benefit of creditors, receivership or insolvency proceeding, or who has become insolvent (as defined in the United States of Bankruptcy Code) or who is generally not paying its debts as such debts become due. Upon demand by SHFPurchaser, Client Seller shall pay to SHF Purchaser the full face amount of any Purchased Account that which has been charged back to Seller pursuant to this SectionSection 3.2, or to the extent partial payment has been made, the amount by which the face amount of such Purchased Account exceeds such partial payment, together with any attorneys' fees and costs cost incurred by SHF Purchaser in connection with collecting such Purchased Account (collectively, the "Chargeback Amount"), SHF . Purchaser shall advise Client Seller regarding how the to Chargeback Amount shall be paid, which may be by any one or a combination of the following, in SHFPurchaser's sole discretion: (1) payment in cash immediately upon demand; (2) deduction from or offset against any Remittance that would otherwise be payable to ClientSeller; (3) payment from any Advances that may otherwise be made to ClientSeller; (4) adjustment to the Reserve pursuant to Section 1.2 1.3 hereof; or (5) delivery of or substitute Accounts and a Schedule of Accounts acceptable to SHFPurchaser, which Accounts shall constitute Purchased Accounts.

Chargebacks. SHF shall have the right to chargeback to Client any Purchased Account: (a) that remains unpaid ninety (90) calendar days after the invoice date; (b) with respect to which there has been a breach of any warranty, representation, covenant or agreement set forth in this Agreement; (c) with respect to which the Account Debtor asserts any Adjustment, or (d) that is owed by an Account Debtor who has filed, or has had filed against it, any bankruptcy case, insolvency proceeding, assignment for the benefit of creditors, receivership or insolvency proceeding, or who has become insolvent (as defined in the United States Bankruptcy Code) or who is generally not paying its debts as such debts become due. Upon demand by SHF, Client shall pay to SHF the full face amount of any Purchased Account that has been charged back pursuant to this Section, or to the extent partial payment has been made, the amount by which the face amount of such Purchased Account exceeds such partial payment, together with any reasonable attorneys' ’ fees and costs incurred by SHF in connection with collecting such Purchased Account (collectively, the "“Chargeback Amount"”), SHF shall advise Client regarding how the Chargeback Amount shall be paid, which may be by any one or a combination of the following, in SHF's ’s sole discretion: (1) payment in cash immediately upon demand; (2) deduction from or offset against any Remittance (as defined in Section 3.3) that would otherwise be payable to Client; (3) payment from any Advances that may otherwise be made to Client; (4) adjustment to the Reserve pursuant to Section 1.2 hereof; or (5) delivery of substitute Accounts and a Schedule of Accounts acceptable to SHF, which Accounts shall constitute Purchased Accounts.

Chargebacks. SHF Notwithstanding Section 5.1, Bank shall have be entitled to automatically debit, by mechanical, electronic or manual means, any one or more of the right Blocked Accounts and the Disbursement Accounts at any time and from time to chargeback to Client any Purchased Accounttime solely for: (a) that remains unpaid ninety (90) calendar days the amount of any Cheque deposited in a Blocked Account after the invoice date;date hereof which is subsequently returned to Bank for any reason whatsoever (“Returned Amounts”); and (b) with respect to which there has been a breach the amount of any warrantyrequired adjustments due to clerical errors or calculation errors directly related to any Blocked Account or Disbursement Account (“Error Amounts” and, representationtogether with Returned Amounts, covenant or agreement set forth “Chargebacks”), and provided, further, that if Bank has transferred to a Collection Account the funds on deposit in this Agreement; (c) with a Blocked Account in respect of which Bank is entitled to which a Chargeback and the Account Debtor asserts any Adjustment, or (d) that is owed by an Account Debtor who has filed, or has had filed against it, any bankruptcy case, insolvency proceeding, assignment for the benefit of creditors, receivership or insolvency proceeding, or who has become insolvent (as defined funds in the United States Bankruptcy Code) or who is generally not paying its debts as such debts become due. Upon demand by SHFBlocked Accounts and the Disbursement Accounts are insufficient to cover the amount of the relevant Chargeback, Client Secured Party shall pay to SHF Bank the full face amount of the Chargeback not recoverable from the Blocked Accounts or Disbursement Accounts, within ten (10) Business Days of receipt of a statement signed by Bank confirming the details of such Chargeback and Bank’s entitlement to it under this Section 5.3 in form satisfactory to Secured Party; provided however, Secured Party shall only be required to make any Purchased such payment if Bank has made such request for payment in the case of (i) a Returned Amount, within ninety-five (95) days after the date the value represented by the Returned Amount was transferred to a Collection Account that has been charged back pursuant or otherwise paid to this Section, or to the extent partial payment has been madeorder of Secured Party, and (ii) an Error Amount, within eighty-five (85) days after the amount by which error forming the face amount of such Purchased Account exceeds such partial payment, together with any attorneys' fees and costs incurred by SHF in connection with collecting such Purchased Account (collectively, the "Chargeback Amount"), SHF shall advise Client regarding how the Chargeback Amount shall be paid, which may be by any one or a combination basis of the following, in SHF's sole discretion: (1) payment in cash immediately upon demand; (2) deduction from or offset against any Remittance that would otherwise be payable to Client; (3) payment from any Advances that may otherwise be made to Client; (4) adjustment to the Reserve pursuant to Section 1.2 hereof; or (5) delivery of substitute Accounts and a Schedule of Accounts acceptable to SHF, which Accounts shall constitute Purchased AccountsError Amount was made.

Chargebacks. SHF Purchaser shall have the right to chargeback charge back to Client Seller any Purchased Account: (aA) that which remains unpaid ninety (90) calendar days after the invoice date; (bB) with respect to which there has been a breach of any warranty, representation, covenant or agreement set forth in this Agreement; (cC) with respect to which the Account Debtor asserts any Adjustment, ; (D) which is no longer an Eligible Account; or (dE) that which is owed by an Account Debtor who that has filed, or has had filed against it, any bankruptcy case, insolvency proceeding, assignment for the benefit of creditors, receivership or insolvency proceeding, or who that has become insolvent (as defined in the United States Bankruptcy Code) or who that is generally not paying its debts as such debts become due. Upon demand by SHFPurchaser, Client Seller shall pay to SHF Purchaser the full face amount of any Advance against any Purchased Account that which has been charged back to Seller pursuant to this SectionSection 3.3, or to the extent partial payment has been made, the amount by which the face amount of such Purchased Account Advance exceeds such partial payment, together with any attorneys' fees and costs incurred by SHF Purchaser in connection with collecting such Purchased Account and any accrued interest or fees relating to the Advance (collectively, the "Chargeback Amount"), SHF . Purchaser shall advise Client Seller regarding how the Chargeback Amount shall be paid, which may be by any one or a combination of the following, in SHFPurchaser's sole discretion: (1) payment in cash immediately upon demand; (2) deduction from or offset against any Remittance that would otherwise be payable to ClientSeller; (3) payment from any Advances that may otherwise be made to ClientSeller; (4) adjustment to the Reserve pursuant to Section 1.2 1.3 hereof; or (5) delivery of substitute Accounts and a Schedule of Accounts acceptable to SHFPurchaser, which Accounts shall constitute Purchased Accounts.

Chargebacks. SHF Lender shall have the right to chargeback to Client Borrower any Purchased Financed Account: (aA) that which remains unpaid ninety (90) calendar days after the invoice date; (bB) with respect to which there has been a breach of any warranty, representation, covenant or agreement set forth in this Agreement; (cC) with respect to which the Account Debtor asserts any Adjustment, ; or (dD) that which is owed by an Account Debtor who has filed, or has had filed against it, any bankruptcy case, insolvency proceeding, assignment for the benefit of creditors, receivership or insolvency proceeding, or who has become insolvent (as defined in the United States Bankruptcy Code) or who is generally not paying its debts as such debts become due. Upon demand by SHFLender, Client Borrower shall pay to SHF Lender the full face amount of any Purchased Financed Account that which has been charged back to Borrower pursuant to this SectionSection 3.2, or to the extent partial payment has been made, the amount by which the face amount of such Purchased Financed Account exceeds such partial payment, together with any attorneys' ’ fees and costs incurred by SHF Lender in connection with collecting such Purchased Financed Account (collectively, the "“Chargeback Amount"”), SHF . Lender shall advise Client Borrower regarding how the Chargeback Amount shall be paid, which may be by any one or a combination of the following, in SHF's Lender’s sole discretion: (1) payment in cash immediately upon demand; (2) deduction from or offset against any Remittance that would otherwise be payable to ClientBorrower; (3) payment from any Advances that may otherwise be made to ClientBorrower; (4) adjustment to the Reserve pursuant to Section 1.2 1.3 hereof; or (5) delivery of substitute Accounts and a Schedule of Accounts acceptable to SHFLender, which Accounts shall constitute Purchased Financed Accounts.

Chargebacks. SHF Purchaser shall have the right to chargeback to Client Seller any Purchased Account: (aA) that which remains unpaid ninety (90) calendar days after the invoice date; (bB) with respect to which there has been a breach of any warranty, representation, covenant or agreement set forth in this Agreement; (cC) with respect to which the Account Debtor asserts any Adjustment, ; or (dD) that which is owed by an Account Debtor who has filed, or has had filed against it, any bankruptcy casecases, insolvency proceeding, assignment for the benefit of creditors, receivership or insolvency proceeding, or who has become insolvent (as defined in the United States Bankruptcy Code) or who is generally not paying its debts as such debts become due. Upon demand by SHFPurchaser, Client Seller shall pay to SHF Purchaser the full face amount of any Purchased Account that which has been charged back to Seller pursuant to this SectionSection 3.2, or to the extent partial payment has been made, the amount by which the face amount of such Purchased Account exceeds such partial payment, together with any attorneys' fees and costs incurred by SHF Purchaser in connection with collecting such Purchased Account (collectively, the "Chargeback Amount"), SHF . Purchaser shall advise Client Seller regarding how the Chargeback Amount shall be paid, which may be by any one or a combination of the following, in SHF. In Purchaser's sole discretion: (1) payment in cash immediately upon demand; (2) deduction from or offset against any Remittance that would otherwise be payable to ClientSeller; (3) payment from any Advances that may otherwise be made to ClientSeller; (4) adjustment to the Reserve pursuant to Section 1.2 1.3 hereof; or (5) delivery of substitute Accounts and a Schedule of Accounts acceptable to SHFPurchaser, which Accounts shall constitute Purchased Accounts.

Chargebacks. SHF Purchaser shall have the right to chargeback charge back to Client Seller any Purchased Account: (aA) that which remains unpaid ninety (90) calendar days after the invoice date; (bB) with respect to which there has been a breach of any warranty, representation, covenant or agreement set forth in this Exim Agreement; (cC) with respect to which the Account Debtor asserts any Adjustment, or; (dD) that which is no longer an Exim Eligible Foreign Account; or‌ (E) which is owed by an Account Debtor who that has filed, or has had filed against it, any bankruptcy case, insolvency proceeding, assignment for the benefit of creditors, receivership or insolvency proceeding, or who that has become insolvent (as defined in the United States Bankruptcy Code) or who that is generally not paying its debts as such debts become due. Upon demand by SHFPurchaser, Client Seller shall pay to SHF Purchaser the full face amount of any Advances with respect to any Purchased Account that which has been charged back to Seller pursuant to this SectionSection 3.3, or to the extent partial payment has been made, the amount by which the face amount of any Advances with respect to such Purchased Account which has been charged back to Seller exceeds such partial payment, together with any attorneys' ’ fees and costs incurred by SHF Purchaser in connection with collecting such Purchased Account (collectively, the "“Chargeback Amount"”), SHF . Purchaser shall advise Client Seller regarding how the Chargeback Amount shall be paid, which may be by any one or a combination of the following, in SHF's Purchaser’s sole discretion: : (1) payment in cash immediately upon demand; (2) deduction from or offset against any Remittance that would otherwise be payable to ClientSeller; (3) payment from any Advances that may otherwise be made to ClientSeller; (4) adjustment to the Reserve pursuant to Section 1.2 1.3 hereof; or (5) delivery of substitute Accounts and a Schedule of Accounts acceptable to SHFPurchaser, which Accounts shall constitute Purchased Accounts.

Chargebacks. SHF shall have the right to chargeback to Client any Purchased Account: (a) that remains unpaid ninety (90) calendar days after the invoice date; (b) with respect to which there has been a breach of any warranty, representation, covenant or agreement set forth in this Agreement; (c) with respect to which the Account Debtor asserts any Adjustment, or (d) that is owed by an Account Debtor who has filed, or has had filed against it, any bankruptcy case, insolvency proceeding, assignment for the benefit of creditors, receivership or insolvency proceeding, or who has become insolvent (as defined in the United States Bankruptcy Code) or who is generally not paying its debts as such debts become due. Upon demand by SHF, Client shall pay to SHF the full face amount of any Purchased Account that has been charged back pursuant to this Section, or to the extent partial payment has been made, the amount by which the face amount of such Purchased Account exceeds such partial payment, together with any reasonable attorneys' ’ fees and costs actually incurred by SHF in connection with collecting such Purchased Account (collectively, the "“Chargeback Amount"”), SHF shall advise Client regarding how the Chargeback Amount shall be paid, which may be by any one or a combination of the following, in SHF's sole ’s reasonable discretion: (1) payment in cash immediately upon demand; (2) deduction from or offset against any Remittance that would otherwise be payable to Client; (3) payment from any Advances that may otherwise be made to Client; (4) adjustment to the Reserve pursuant to Section 1.2 hereof; or (5) delivery of substitute Accounts and a Schedule of Accounts acceptable to SHF, which Accounts shall constitute Purchased Accounts.