Collateral Account. (a) If, notwithstanding the instructions to debtors to make payments to the Lockbox, the Borrower receives any payments on Receivables, the Borrower shall deposit such payments into the Collateral Account. Until so deposited, the Borrower shall hold all such payments in trust for and as the property of the Lender and shall not commingle such payments with any of its other funds or property. (b) Amounts deposited in the Collateral Account shall not bear interest and shall not be subject to withdrawal by the Borrower, except after full payment and discharge of all Obligations. (c) All deposits in the Collateral Account shall constitute proceeds of Collateral and shall not constitute payment of the Obligations. The Lender from time to time at its discretion may, after allowing two (2) Banking Days, apply deposited funds in the Collateral Account to the payment of the Obligations, in any order or manner of application satisfactory to the Lender, by transferring such funds to the Lender's general account. (d) All items deposited in the Collateral Account shall be subject to final payment. If any such item is returned uncollected, the Borrower will immediately pay the Lender, or, for items deposited in the Collateral Account, the bank maintaining such account, the amount of that item, or such bank at its discretion may charge any uncollected item to the Borrower's commercial account or other account. The Borrower shall be liable as an endorser on all items deposited in the Collateral Account, whether or not in fact endorsed by the Borrower.
Appears in 2 contracts
Samples: Credit and Security Agreement (Lectec Corp /Mn/), Credit and Security Agreement (Atrix Acquisition Corp)
Collateral Account. (a) If, notwithstanding the instructions to debtors to make payments to the Lockbox, the Borrower receives any payments on Receivables, the Borrower shall deposit such payments into the Collateral Account. Until so deposited, the Borrower shall hold all such payments in trust for and as the property of the Lender and shall not commingle such payments with any of its other funds or property.
(b) Amounts deposited in the Collateral Account shall not bear interest and shall not be subject to withdrawal by the Borrower, except after full payment and discharge of all Obligations.
(c) . All deposits in the Collateral Account shall constitute proceeds of Collateral and shall not constitute payment of the Obligations. The Lender from time to time at its discretion may, after allowing two (2) Banking Days, apply deposited funds in the Collateral Account to the payment of the Obligations, in any order or manner of application satisfactory to the Lender, by transferring such funds to the Lender's general account.
(dc) All items deposited in the Collateral Account shall be subject to final payment. If any such item is returned uncollected, the Borrower will immediately pay the Lender, or, for items deposited in the Collateral Account, the bank maintaining such account, the amount of that item, or such bank at its discretion may charge any uncollected item to the Borrower's commercial account or other account. The Borrower shall be liable as an endorser on all items deposited in the Collateral Account, whether or not in fact endorsed by the Borrower.
Appears in 2 contracts
Samples: Credit and Security Agreement (Rockshox Inc), Credit and Security Agreement (Naturade Inc)
Collateral Account. (a) IfThe Borrower shall irrevocably direct all present and future Account debtors and other Persons obligated to make payments constituting Collateral to make such payments directly to the Lockbox. All of the Borrower's invoices, account statements and other written or oral communications directing, instructing, demanding or requesting payment of any Account or any other amount constituting Collateral shall conspicuously direct that all payments be made to the Lockbox and shall include the Lockbox address. All payments received in the Lockbox shall be processed to the Collateral Account. The Borrower agrees to deposit in its Collateral Account or, at the Lender's option, to deliver to the Lender all collections on Accounts, contract rights, chattel paper and other rights to payment constituting Collateral, and all other cash proceeds of Collateral, which the Borrower may receive directly notwithstanding the instructions its direction to Account debtors and other obligors to make payments to the Lockbox, immediately upon receipt thereof, in the form received, except for the Borrower's endorsement when deemed necessary. Until delivered to the Lender or deposited in a Collateral Account, all proceeds or collections of Collateral shall be held in trust by the Borrower receives any payments on Receivables, the Borrower shall deposit such payments into the Collateral Account. Until so deposited, the Borrower shall hold all such payments in trust for and as the property of the Lender and shall not commingle such payments be commingled with any of its other funds or property.
(b) property of the Borrower. Amounts deposited in the Collateral Account shall not bear interest and shall not be subject to withdrawal by the Borrower, except after full payment and discharge of all Obligations.
(c) . All deposits in the Collateral Account shall constitute proceeds of Collateral and shall not constitute payment of the Obligations. The Lender from time to time at its discretion may, after allowing two one Banking Day (2in addition to the one Banking Day during which Xxxxx Fargo holds such funds) Banking Days, may apply deposited funds in the Collateral Account to the payment of the Obligations, in any order or manner of application satisfactory to the Lender, by transferring such funds to the Lender's general account.
(d) . All items deposited in the Collateral Account shall be subject to final payment. If any such item is returned uncollected, the Borrower will immediately pay the Lender, or, for items deposited in the such Collateral Account, the bank maintaining such account, the amount of that item, or such bank at its discretion may charge any uncollected item to the Borrower's commercial account or other account. The Borrower shall be liable as an endorser on all items deposited in the Collateral Account, whether or not in fact endorsed by the Borrower.
Appears in 2 contracts
Samples: Credit and Security Agreement (Allis Chalmers Corp), Credit and Security Agreement (Allis Chalmers Corp)
Collateral Account. (a) If, notwithstanding the instructions to debtors to make payments to the Lockbox, the Borrower receives any payments on ReceivablesReceivables or other proceeds of the Collateral, the Borrower shall deposit such payments or proceeds into the Collateral Account. Until so deposited, the Borrower shall hold all such payments and proceeds in trust for and as the property of the Lender and shall not commingle such payments with any of its other funds or property.
(b) Amounts deposited in the Collateral Account shall not bear interest and shall not be subject to withdrawal by the Borrower, except after full payment and discharge of all Obligations.
(c) All deposits in the Collateral Account shall constitute proceeds of Collateral and shall not constitute payment of the Obligations. The Lender from time to time at its discretion may, after allowing two (2) Banking Days, apply deposited funds in the Collateral Account to the payment of the Obligations, in any order or manner of application satisfactory to the Lender, by transferring such funds to the Lender's general account.
(d) All items deposited in the Collateral Account shall be subject to final payment. If any such item is returned uncollected, the Borrower will immediately pay the Lender, or, for items deposited in the Collateral Account, the bank maintaining such account, the amount of that item, or such bank at its discretion may charge any uncollected item to the Borrower's commercial account or other account. The Borrower shall be liable as an endorser on all items deposited in the Collateral Account, whether or not in fact endorsed by the Borrower.
Appears in 2 contracts
Samples: Credit and Security Agreement (Rmed International Inc), Credit and Security Agreement (Rmed International Inc)
Collateral Account. (a) If, notwithstanding the instructions to debtors to make payments to the Lockbox, the Borrower receives any payments on Receivables, the Borrower shall deposit such payments into the Collateral Account. Until so deposited, the Borrower shall hold all such payments in trust for and as the property of the Lender and shall not commingle such payments with any of its other funds or property.
(b) Amounts deposited in the Collateral Account shall not bear interest and shall not be subject to withdrawal by the Borrower, except after full payment and discharge of all Obligations.
(c) All deposits in the Collateral Account shall constitute proceeds of Collateral and shall not constitute payment of the Obligations. The Lender from time to time at its discretion may, after allowing two one (21) Banking DaysDay, apply deposited funds in the Collateral Account to the payment of the Obligations, in any order or manner of application satisfactory to the Lender, by transferring such funds to the Lender's general account.
(d) All items deposited in the Collateral Account shall be subject to final payment. If any such item is returned uncollected, the Borrower will immediately pay the Lender, or, for items deposited in the Collateral Account, the bank maintaining such account, the amount of that item, or such bank at its discretion may charge any uncollected item to the Borrower's commercial account or other account. The Borrower shall be liable as an endorser on all items deposited in the Collateral Account, whether or not in fact endorsed by the Borrower.
Appears in 1 contract
Samples: Credit and Security Agreement (Educational Insights Inc)
Collateral Account. (a) If, notwithstanding the instructions to debtors to make payments to the Lockbox, the Borrower receives any payments on ReceivablesReceivables or other proceeds of Collateral, the Borrower shall promptly deposit such payments and proceeds into the Collateral Account. Until so deposited, the Borrower shall hold all such payments and proceeds in trust for and as the property of the Lender and shall not commingle such payments with any of its other funds or property.
(b) Amounts deposited in the Collateral Account shall not bear interest and shall not be subject to withdrawal by the Borrower, except after full payment and discharge of all Obligations.
(c) All deposits in the Collateral Account shall constitute proceeds of Collateral and shall not constitute payment of the Obligations. The Lender from time to time at its discretion may, after allowing two (2) Banking Days, apply deposited funds in the Collateral Account to the payment of the Obligations, in any order or manner of application satisfactory to the Lender, by transferring such funds to the Lender's general account.
(d) All items deposited in the Collateral Account shall be subject to final payment. If any such item for which the Borrower has received credit in the Collateral Account is returned uncollected, the Borrower will immediately pay the Lender, or, for items deposited in the Collateral Account, the bank maintaining such account, the amount of that item, or such bank at its discretion may charge any uncollected item to the Borrower's commercial account or other account. The Borrower shall be liable as an endorser on all items deposited in the Collateral Account, whether or not in fact endorsed by the Borrower.
Appears in 1 contract
Collateral Account. (a) If, notwithstanding the instructions to debtors to make payments to the Lockbox, the any Borrower receives any payments on Receivables, the such Borrower shall deposit such payments into the such Borrower's Collateral Account. Until so deposited, the such Borrower shall hold all such payments in trust for and as the property of the Lender and shall not commingle such payments with any of its other funds or property; provided, however, that the foregoing shall not be construed to allow the Lender to withhold any such payments after full payment and discharge of all Obligations.
(b) Amounts deposited in the any Collateral Account shall not bear interest and shall not be subject to withdrawal by the any Borrower, except after full payment and discharge of all Obligations; provided, however, that if the Borrowers' only outstanding Obligations are principal owing under the Term Loan A Note and the Term Loan B Note, and if no such principal amount is due, the Lender agrees to remit such amounts to such Borrower's demand deposit account maintained with Wellx Xxxgo Bank.
(c) All deposits in the any Collateral Account shall constitute proceeds of Collateral and shall not constitute payment of the Obligations. The Lender shall from time to time at its discretion may, after allowing two (2) within one Banking DaysDay, apply deposited funds in the each Collateral Account to the payment of the Obligations, in any order or manner of application satisfactory to the Lender, by transferring such funds to the Lender's general account.
(d) All items deposited in the any Collateral Account shall be subject to final payment. If any such item is returned uncollected, the Borrower Borrowers will immediately pay the Lender, or, for items deposited in the a Collateral Account, the bank maintaining such account, the amount of that item, or such bank at its discretion may charge any uncollected item to the Borrower's any commercial account or other account. The account belonging to the Borrower shall be liable as an endorser on all items deposited in to whom the Collateral Account, whether or not in fact endorsed by the Borroweritem was payable.
Appears in 1 contract
Collateral Account. (a) If, notwithstanding the instructions to debtors to make payments to the LockboxLockboxes, the Borrower receives any payments on Receivables, the Borrower shall deposit such payments into the Collateral Account. Until so deposited, the Borrower shall hold all such payments in trust for and as the property of the Lender and shall not commingle such payments with any of its other funds or property.
(b) Amounts deposited in the Collateral Account shall not bear interest and shall not be subject to withdrawal by the Borrower, except after full payment and discharge of all Obligations.
(c) . All deposits in the Collateral Account shall constitute proceeds of Collateral and shall not constitute payment of the Obligations. The Lender from time to time at its discretion may, after allowing two (2) Banking Days, apply deposited funds in the Collateral Account to the payment of the Obligations, in any order or manner of application satisfactory to the Lender, by transferring such funds to the Lender's general account.
(dc) All items deposited in the Collateral Account shall be subject to final payment. If any such item is returned uncollected, the Borrower will immediately pay the Lender, or, for items deposited in the Collateral Account, the bank maintaining such account, the amount of that item, or such bank at its discretion may charge any uncollected item to the Borrower's commercial account or other account. The Borrower shall be liable as an endorser on all items deposited in the Collateral Account, whether or not in fact endorsed by the Borrower.
Appears in 1 contract
Samples: Credit and Security Agreement (Organic Food Products Inc)
Collateral Account. (a) If, notwithstanding the instructions to debtors to make payments to the its Lockbox, the any Borrower receives any payments on Receivables, the such Borrower shall deposit such payments into the its Collateral Account. Until so deposited, the such Borrower shall hold all such payments in trust for and as the property of the Lender and shall not commingle such payments with any of its other funds or property.
(b) Amounts deposited in the Collateral Account Accounts shall not bear interest and shall not be subject to withdrawal by the BorrowerBorrowers, except after full payment and discharge of all Obligations.
(c) All deposits in the Collateral Account Accounts shall constitute proceeds of Collateral and shall not constitute payment of the Obligations. The Lender from time to time at its discretion may, after allowing two (2) Banking Days, apply deposited funds in the Collateral Account to the payment of the Obligations, in any order or manner of application satisfactory to the Lender, by transferring such funds to the Lender's general account.
(d) All items deposited in the Collateral Account Accounts shall be subject to final payment. If any such item is returned uncollected, the applicable Borrower will immediately pay the Lender, or, for items deposited in the its Collateral Account, the bank maintaining such account, the amount of that item, or such bank at its discretion may charge any uncollected item to the such Borrower's commercial account or other account. The Borrower Borrowers shall be liable as an endorser on all items deposited in the Collateral AccountAccounts, whether or not in fact endorsed by the BorrowerBorrowers.
Appears in 1 contract
Samples: Credit and Security Agreement (Microtel International Inc)
Collateral Account. Borrower shall open and maintain with Bank an account (athe “Collateral Account”) Ifinto which all funds received by Borrower from any source shall immediately be deposited. Borrower shall direct all account debtors to mail or deliver all checks or other forms of payment for amounts owing to Borrower to a post office box agreed to by Bank and Borrower, notwithstanding over which Bank shall have exclusive and unrestricted access. Borrower shall direct all account debtors or other persons owing money to Borrower who make payments by electronic transfer of funds to wire such funds directly to the instructions to debtors Collateral Account. Borrower shall hold in trust for Bank all amounts that Borrower receives despite the directions to make payments to the Lockboxpost office box or Collateral Account, the Borrower receives any payments on Receivables, the Borrower shall deposit and immediately deliver such payments to Bank in their original form as received from the account debtor, with proper endorsements for deposit into the Collateral Account. Until so deposited, Borrower irrevocably authorizes Bank to transfer to the Collateral Account any funds that have been deposited into any other accounts or that Bank has otherwise received. Borrower shall hold not establish or maintain any accounts with any Person other than Bank except for accounts opened in the ordinary course of business from which all such payments funds exceeding $30,000 are transferred on a monthly basis to the Collateral Account. Bank shall have all right, title and interest in trust for and as the property all of the Lender and shall not commingle such payments with any of its other funds or property.
(b) Amounts deposited items from time to time in the Collateral Account and their proceeds. Neither Borrower nor any person claiming through Borrower shall not bear interest and shall not be subject have any right in or control over the use of, or any right to withdrawal by the Borrowerwithdraw any amount from, except after full payment and discharge of all Obligations.
(c) All deposits in the Collateral Account shall constitute proceeds of Collateral and shall not constitute payment of the Obligations. The Lender from time to time at its discretion may, after allowing two (2) Banking Days, apply deposited funds in the Collateral Account to the payment of the Obligations, in any order or manner of application satisfactory to the Lender, by transferring such funds to the Lender's general account.
(d) All items deposited in the Collateral Account shall be subject to final payment. If any such item is returned uncollected, the Borrower will immediately pay the Lender, or, for items deposited in the Collateral Account, which shall be under the bank maintaining such accountsole control of Bank; provided, however, that so long as no Event of Default has occurred and is continuing Borrower shall have the amount right to make withdrawals from the Collateral Account for use in the ordinary course of that item, business or such bank at its discretion may charge any uncollected item to for purposes not prohibited by the Borrower's commercial account or other accountterms of this Agreement. The Borrower provisions of this Section 2.8 shall be liable as an endorser on all items deposited in the Collateral Account, whether or not in fact endorsed by the Borrowerapply to a Foreign Subsidiary.
Appears in 1 contract
Samples: Loan and Security Agreement (Focus Enhancements Inc)
Collateral Account. (a) If, notwithstanding the instructions to debtors to make payments to the Lockbox, the Borrower receives any payments on Receivables, the Borrower shall deposit such payments into the Collateral Account. Until so deposited, the Borrower shall hold all such payments in trust for and as the property of the Lender and shall not commingle such payments with any of its other funds or property.
(b) Amounts deposited in the Collateral Account shall not bear interest and shall not be subject to withdrawal by the Borrower, except after full payment and discharge of all Obligations.
(c) All deposits in the Collateral Account shall constitute proceeds of Collateral and shall not constitute payment of the Obligations. The Lender from time to time at its discretion may, after allowing two (2) Banking Days, apply deposited funds in the Collateral Account to the payment of the Obligations, in any order or manner of application satisfactory to the Lender, by transferring such funds to the Lender's ’s general account.
(d) All items deposited in the Collateral Account shall be subject to final payment. If any such item is returned uncollected, the Borrower will immediately pay the Lender, or, for items deposited in the Collateral Account, the bank maintaining such account, the amount of that item, or such bank at its discretion may charge any uncollected item to the Borrower's ’s commercial account or other account. The Borrower shall be liable as an endorser on all items deposited in the Collateral Account, whether or not in fact endorsed by the Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Technology Flavors & Fragrances Inc)
Collateral Account. (a) If, notwithstanding the instructions to debtors to make payments to the Lockbox, the Borrower receives any payments on Receivables, the Borrower shall deposit such payments into the Collateral Account. Until so deposited, the Borrower shall hold all such payments in trust for and as the property of the Lender and shall not commingle such payments with any of its other funds or property.
(b) Amounts deposited in the Collateral Account shall not bear interest and shall not be subject to withdrawal by the Borrower, except after full payment and discharge of all Obligations.
(c) All deposits in the Collateral Account shall constitute proceeds of Collateral and shall not constitute payment of the Obligations. The Lender from time to time at its discretion may, after After allowing two (2) Banking DaysDays for collection of items deposited in the Collateral Account, apply the Borrower authorizes the Lender to transmit deposited funds in the Collateral Account amount of the deposit to the payment of the Obligations, in any order or manner of application satisfactory to the LenderLender (and deposits shall be applied to the Obligations after allowing one additional Business Day for processing), by transferring such funds to the Lender's general accountaccount maintained with Norwest Bank Minnesota, N.A., ABA #091000000, Xxcount No. 635-5010000.
(d) All items deposited in the Collateral Account shall be subject to final payment. If any such item is returned uncollected, the Borrower will immediately promptly pay the Lender, or, for items deposited in the Collateral Account, the bank maintaining such account, the amount of that item, or such bank at its discretion may charge any uncollected item to the Borrower's commercial account or other account. The Borrower shall be liable as an endorser on all items deposited in the Collateral Account, whether or not in fact endorsed by the Borrower.
Appears in 1 contract
Samples: Credit and Security Agreement (Chaparral Network Storage Inc)
Collateral Account. (a) If, notwithstanding the instructions to debtors to make payments to the Lockbox, the Borrower receives any payments on ReceivablesReceivables (other than the Receivables of First Team Sports GmbH), the Borrower shall deposit such payments into the Collateral Account or Custodial Account. Until so deposited, the Borrower shall hold all such payments in trust for and as the property of the Lender and shall not commingle such payments with any of its other funds or property.
(b) Amounts deposited in the Collateral Account shall not bear interest and shall not be subject to withdrawal by the Borrower, except after full payment and discharge of all Obligations.
(c) All deposits in the Collateral Account shall constitute proceeds of Collateral and shall not constitute payment of the Obligations. The Lender from time to time at its discretion mayshall, after allowing two (2) Banking Days, apply deposited funds in the Collateral Account to the payment of the Obligations, in any order or manner of application satisfactory to the Lender, by transferring such funds to the Lender's general account.
(d) All items deposited in the Collateral Account shall be subject to final payment. If any such item is returned uncollected, the Borrower will immediately pay the Lender, or, for items deposited in the Collateral Account, the bank maintaining such account, the amount of that item, or such bank at its discretion may charge any uncollected item to the Borrower's commercial account or other account. The Borrower shall be liable as an endorser on all items deposited in the Collateral Account, whether or not in fact endorsed by the Borrower.
Appears in 1 contract
Samples: Credit and Security Agreement (First Team Sports Inc)
Collateral Account. (a) If, notwithstanding the instructions to debtors to make payments to the Lockbox, the Borrower receives any payments on Receivables, the Borrower shall deposit such payments into the Collateral Account. Until so deposited, the Borrower shall hold all such payments in trust for and as the property of the Lender and shall not commingle such payments with any of its other funds or property.
(ba) Amounts deposited in the Collateral Account shall not bear interest and shall not be subject to withdrawal by the Borrower, except after full payment and discharge of all Obligations.
(cb) All deposits in the Collateral Account shall constitute proceeds of Collateral and shall not constitute payment of the Obligations. The Lender from time to time at its discretion may, after allowing two (2) Banking Days, apply deposited funds in the Collateral Account to the payment of the Obligations, in any order or manner of application satisfactory to the Lender, by transferring such funds to the Lender's general account.
(dc) All items deposited in the Collateral Account shall be subject to final payment. If any such item is returned uncollected, the Borrower will immediately pay the Lender, or, for items deposited in the Collateral Account, the bank maintaining such account, the amount of that item, or such bank at its discretion may charge any uncollected item to the Borrower's commercial account or other account. The Borrower shall be liable as an endorser on all items deposited in the Collateral Account, whether or not in fact endorsed by the Borrower.
Appears in 1 contract
Collateral Account. (ai) The Borrower shall instruct all of its account debtors to make all payments in respect of the Borrower’s Accounts directly to the Lockbox. If, notwithstanding the instructions to debtors to make payments to the Lockboxsuch instructions, the Borrower receives any payments on Receivablesin respect of its Accounts, the Borrower shall deposit such payments (including, without limitation, customer deposits) into the Borrower’s Collateral Account. The Borrower shall also promptly (and in any event, no later than on the Banking Day immediately following the date of receipt thereof), deposit all other cash proceeds of Collateral received by the Borrower directly to the Borrower’s Collateral Account. Until so deposited, the Borrower shall hold all such payments and cash proceeds in trust for and as the property of the Lender and shall not commingle such payments property with any of its other funds or property.
(b) Amounts deposited in the Collateral Account shall not bear interest and shall not be subject to withdrawal by the Borrower, except after full payment and discharge of all Obligations.
(c) . All deposits in the a Collateral Account shall constitute proceeds of Collateral and shall not constitute payment of the Obligations. The Lender from time to time at its discretion mayAll of the invoices, after allowing two (2) Banking Daysaccount statements and other written or oral communications of the Borrower directing, apply deposited funds in the instructing, demanding or requesting payment of any Account or any other amount constituting Collateral Account or proceeds of Collateral shall conspicuously direct that all payments be made to the payment of Lockbox, and shall include the Obligations, in any order or manner of application satisfactory address and other applicable information relating to the Lender, by transferring such funds to the Lender's general accountLockbox.
(dii) All items deposited in the a Collateral Account shall be subject to final payment. If any such item is returned uncollected, the Borrower will immediately pay (x) the Lender, or, Lender or (y) for items deposited in the Collateral Account, the bank maintaining such account, the amount of that item, or such bank at its discretion may charge any uncollected item to the Borrower's ’s commercial account or other account. The Borrower shall be liable as an endorser on all items deposited in the its Collateral Account, whether or not in fact endorsed by the Borrower.
Appears in 1 contract
Collateral Account. (a) If, notwithstanding the instructions to debtors to make payments to the Lockbox, the Borrower receives any payments on ReceivablesReceivables or other proceeds of Collateral, the Borrower shall deposit such payments and proceeds into the Collateral Account. Until so deposited, the Borrower shall hold all such payments and proceeds in trust for and as the property of the Lender and shall not commingle such payments with any of its other funds or property.
(b) Amounts deposited in the Collateral Account shall not bear interest and shall not be subject to withdrawal by the Borrower, except after full payment and discharge of all Obligations.
(c) All deposits in the Collateral Account shall constitute proceeds of Collateral and shall not constitute payment of the Obligations. The Lender from time to time at its discretion may, after allowing two (2) Banking Days, apply deposited funds in the Collateral Account to the payment of the Obligations, in any order or manner of application satisfactory to the Lender, by transferring such funds to the Lender's general account.
(d) All items deposited in the Collateral Account shall be subject to final payment. If any such item is returned uncollected, the Borrower will immediately pay the Lender, or, for items deposited in the Collateral Account, the bank maintaining such account, the amount of that item, or such bank at its discretion may charge any uncollected item to the Borrower's commercial account or other account. The Borrower shall be liable as an endorser on all items deposited in the Collateral Account, whether or not in fact endorsed by the Borrower.pay
Appears in 1 contract
Samples: Credit and Security Agreement (Futech Interactive Products Inc)
Collateral Account. (a) If, notwithstanding the instructions to debtors to make payments to the Lockbox, the either Borrower receives any payments on Receivables, the such Borrower shall deposit such payments into the applicable Collateral Account. Until so deposited, the such Borrower shall hold all such payments in trust for and as the property of the Lender and shall not commingle such payments with any of its other funds or property.
(b) Amounts deposited in the Collateral Account Accounts shall not bear interest and shall not be subject to withdrawal by the BorrowerBorrowers, except after full payment and discharge of all Obligations.
(c) All deposits in the Collateral Account Accounts shall constitute proceeds of Collateral and shall not constitute payment of the Obligations. The Lender from time to time at its discretion may, after allowing two (2) Banking DaysDays for collection plus two (2) Banking Days for processing, apply deposited funds in the each Collateral Account to the payment of the applicable Obligations, in any order or manner of application satisfactory to the Lender, by transferring such funds to the Lender's general account.
(d) All items deposited in the Collateral Account Accounts shall be subject to final payment. If any such item is returned uncollected, the applicable Borrower will immediately pay the Lender, or, for items deposited in the a Collateral Account, the bank maintaining such account, the amount of that item, or such bank at its discretion may charge any uncollected item to the such Borrower's commercial account or other account. The Each Borrower shall be liable as an endorser on all items deposited in the applicable Collateral Account, whether or not in fact endorsed by the such Borrower.
Appears in 1 contract
Samples: Credit and Security Agreement (Medical Dynamics Inc)
Collateral Account. (a) If, notwithstanding the instructions to debtors to make payments to the Lockbox, any of the Borrower Borrowers receives any payments on Receivables, the that Borrower shall deposit such payments into the Collateral Account. Until so deposited, the Borrower Borrowers shall hold all such payments in trust for and as the property of the Lender and shall not commingle such payments with any of its other funds or property.
(b) Amounts deposited in the Collateral Account shall not bear interest and shall not be subject to withdrawal by any of the BorrowerBorrowers, except after full payment and discharge of all Obligations.
(c) All deposits in the Collateral Account shall constitute proceeds of Collateral and shall not constitute payment of the Obligations. The Lender from time to time at its discretion may, after allowing two (2) Banking Days, apply deposited funds in the Collateral Account to the payment of the Obligations, in any order or manner of application satisfactory to the Lender, by transferring such funds to the Lender's general account.
(d) All items deposited in the Collateral Account shall be subject to final payment. If any such item is returned uncollected, the Borrower Borrowers will immediately pay the Lender, or, for items deposited in the Collateral Account, the bank maintaining such account, the amount of that item, or such bank at its discretion may charge any uncollected item to the Borrower's Borrowers' commercial account or other account. The Borrower Borrowers shall be liable as an endorser on all items deposited in the Collateral Account, whether or not in fact endorsed by the BorrowerBorrowers.
Appears in 1 contract
Samples: Credit and Security Agreement (Nu Kote Holding Inc /De/)
Collateral Account. (a) If, notwithstanding the instructions to debtors to make payments to the Lockbox, the Borrower receives any payments on ReceivablesReceivables or other proceeds of Collateral, the Borrower shall deposit such payments and proceeds into the Collateral Account. Until so deposited, the Borrower shall hold all such payments and proceeds in trust for and as the property of the Lender and shall not commingle such payments with any of its other funds or property.
(b) Amounts deposited in the Collateral Account shall not bear interest and shall not be subject to withdrawal by the Borrower, except after full payment and discharge of all Obligations.
(c) All deposits in the Collateral Account shall constitute proceeds of Collateral and shall not constitute payment of the Obligations. The Lender from time to time at its discretion may, after allowing two one (21) Banking DaysDay, apply deposited funds in the Collateral Account to the payment of the Obligations, in any order or manner of application satisfactory to the Lender, by transferring such funds to the Lender's general account.
(d) All items deposited in the Collateral Account shall be subject to final payment. If any such item is returned uncollected, the Borrower will immediately pay the Lender, or, for items deposited in the Collateral Account, the bank maintaining such account, the amount of that item, or such bank at its discretion may charge any uncollected item to the Borrower's commercial account or other account. The Borrower shall be liable as an endorser on all items deposited in the Collateral Account, whether or not in fact endorsed by the Borrower.
Appears in 1 contract
Samples: Credit and Security Agreement (Heartland Technology Inc)
Collateral Account. (ai) If, notwithstanding the instructions to debtors to make payments to the Lockbox, If the Borrower receives any payments on ReceivablesAccounts or other Collateral (excluding Term Loan Priority Collateral), the Borrower shall deposit such payments into a collateral account maintained with Lender (the “Collateral Account”). In addition, all proceeds of Collateral (excluding Term Loan Priority Collateral) received by Borrower shall be immediately deposited in the Collateral Account. Until In all such events, until so deposited, the Borrower shall hold all such payments and cash proceeds received by it in trust for and as the property of the Lender and shall not commingle such payments property with any of its other funds or property.
(b) Amounts deposited in the Collateral Account shall not bear interest and shall not be subject to withdrawal by the Borrower, except after full payment and discharge of all Obligations.
(c) . All deposits in the Collateral Account shall constitute proceeds of Collateral and shall not constitute payment of the Obligations. The Lender from time to time at its discretion may, after allowing two (2) Banking Days, apply deposited funds in the Collateral Account to the payment of the Obligations, in any order or manner of application satisfactory to the Lender, by transferring such funds to the Lender's general account.
(dii) All items deposited in the Collateral Account shall be subject to final payment. If any such item is returned uncollected, the Borrower will immediately pay the Lender, or, for items deposited in the Collateral Account, the bank maintaining such account, the amount of that item, or such bank at its discretion may charge any uncollected item to the Borrower's commercial account or other accountaccounts. The Borrower shall be liable as an endorser on all items deposited by it in the Collateral Account, whether or not in fact endorsed by the Borrowerit.
Appears in 1 contract
Collateral Account. (a) If, notwithstanding the instructions to debtors to make payments to the Lockbox, the Borrower receives any payments on Receivables, the Borrower shall deposit such payments into the Collateral Account. Until so deposited, the Borrower shall hold all such payments in trust for and as the property of the Lender and shall not commingle such payments with any of its other funds or property.
(b) Amounts deposited in the Collateral Account shall not bear interest and shall not be subject to withdrawal by the Borrower, except after full payment and discharge of all Obligations.
(c) All deposits in the Collateral Account shall constitute proceeds of Collateral and shall not constitute payment of the Obligations. The Lender from time to time at its discretion may, after allowing two (2) 2 Banking Days, apply deposited funds in the Collateral Account to the payment of the Obligations, in any order or manner of application satisfactory to the Lender, by transferring such funds to the Lender's general account.
(d) All items deposited in the Collateral Account shall be subject to final payment. If any such item is returned uncollected, the Borrower will immediately pay the Lender, or, for items deposited in the Collateral Account, the bank maintaining such account, the amount of that item, or such bank at its discretion may charge any uncollected item to the Borrower's commercial account or other account. The Borrower shall be liable as an endorser on all items deposited in the Collateral Account, whether or not in fact endorsed by the Borrower.
Appears in 1 contract
Samples: Credit and Security Agreement (Bentley International Inc)
Collateral Account. (a) If, notwithstanding The Lender may establish a collateral account (the instructions to debtors to make payments to "Collateral Account") for the Lockbox, the Borrower receives any deposit of payments on Receivables.
(b) If the Collateral Account is so established, the Borrower shall promptly deposit such all payments on Receivables received by it into the Collateral Account. Until so depositeddeposited or paid to the Lender, the Borrower shall hold all such payments on Receivables in trust for and as the property of the Lender and shall not commingle such payments with any of its other funds or property.
(bc) Amounts deposited in the Collateral Account shall not bear interest and shall not be subject to withdrawal by the Borrower, except after full payment and discharge of all Obligations.
(cd) All deposits in the Collateral Account shall constitute proceeds of Collateral ofCollateral and shall not constitute payment of the Obligations. The Lender from time to time at its discretion may, after allowing two (2) Banking Days, apply deposited funds in the Collateral Account to the payment of the Obligations, in any order or manner of application satisfactory to the Lender, by transferring such funds to the Lender's general account.
(de) All items deposited in the Collateral Account shall be subject to final payment. If any such item is returned uncollected, the Borrower will immediately pay the Lender, or, for items deposited in the Collateral Account, the bank maintaining such account, the amount of that item, or such bank at its discretion may charge any uncollected item to the Borrower's commercial account or other account. The Borrower shall be liable as an endorser on all items deposited in the Collateral Account, whether or not in fact endorsed by the Borrower.
Appears in 1 contract
Collateral Account. (a) If, notwithstanding the instructions to debtors to make payments to the Lockbox, the Borrower receives any payments on Receivables, the Borrower shall deposit such payments into the Collateral Account. Until so deposited, the Borrower shall hold all such payments in trust for and as the property of the Lender and shall not commingle such payments with any of its other funds or property.
(b) Amounts deposited in the Collateral Account shall not bear interest and shall not be subject to withdrawal by the Borrower, except after full payment and discharge of all Obligations.
(c) All deposits in the Collateral Account shall constitute proceeds of Collateral and shall not constitute payment of the Obligations. The Lender from time to time at its discretion may, after allowing two (2) Banking Days, apply deposited funds in the Collateral Account to the payment of the Obligations, in any order or manner of application satisfactory to the Lender, by transferring such funds to the Lender's general account.
(d) All items deposited in the Collateral Account shall be subject to final payment. If any such item is returned uncollected, the Borrower will immediately pay the Lender, or, for items deposited in the Collateral Account, the bank maintaining such account, the amount of that item, or such bank at its discretion may charge any uncollected item to the Borrower's commercial account or other account. The Borrower shall be liable as an endorser on all items deposited in the Collateral Account, whether or not in fact endorsed by the Borrower.
Appears in 1 contract
Samples: Credit and Security Agreement (Meteor Industries Inc)
Collateral Account. (a) If, notwithstanding the instructions to debtors to make payments to the Lockbox, the Borrower receives any payments on Receivables, the Borrower shall deposit such payments into the Collateral Account. Until so deposited, the Borrower shall hold all such payments in trust for and as the property of the Lender and shall not commingle such payments with any of its other funds or property.
(b) Amounts deposited in the Collateral Account shall not bear interest and shall not be subject to withdrawal by the Borrower, except after full payment and discharge of all Obligations.
(c) All deposits in the Collateral Account shall constitute proceeds of Collateral and shall not constitute payment of the Obligations. The Lender from time to time at its discretion mayshall, after allowing two (2) Banking Days, apply deposited funds in the Collateral Account to the payment of the Obligations, in any order or manner of application satisfactory to the Lender, by transferring such funds to the Lender's general account.
(d) All items deposited in the Collateral Account shall be subject to final payment. If any such item is returned uncollected, the Borrower will immediately pay the Lender, or, for items deposited in the Collateral Account, the bank maintaining such account, the amount of that item, or such bank at its discretion may charge any uncollected item to the Borrower's commercial account or other account. The Borrower shall be liable as an endorser on all items deposited in the Collateral Account, whether or not in fact endorsed by the Borrower.
Appears in 1 contract
Samples: Credit and Security Agreement (Marquest Medical Products Inc)
Collateral Account. (a) If, notwithstanding the instructions to debtors to make payments to the Lockbox, the Borrower receives any payments on Receivables, the Borrower shall deposit such payments into the Collateral Account. Until so deposited, the Borrower shall hold all such payments in trust for and as the property of the Lender and shall not commingle such payments with any of its other funds or property.
(b) Amounts deposited in the Collateral Account shall not bear interest and shall not be subject to withdrawal by the Borrower, except after full payment and discharge of all Obligations.
(c) All deposits in the Collateral Account shall constitute proceeds of Collateral and shall not constitute payment of the ObligationsObligations until applied thereto in accordance with the terms of this Agreement. The Lender from time to time at its discretion may, after allowing two one (21) Banking DaysDay, apply deposited funds in the Collateral Account to the payment of the Obligations, in any order or manner of application satisfactory to the Lender, by transferring such funds to the Lender's general account.
(d) All items deposited in the Collateral Account shall be subject to final payment. If any such item is returned uncollected, the Borrower will immediately pay the Lender, or, for items deposited in the Collateral Account, the bank maintaining such account, the amount of that item, or such bank at its discretion may charge any uncollected item to the Borrower's commercial account or other account. The Borrower shall be liable as an endorser on all items deposited in the Collateral Account, whether or not in fact endorsed by the Borrower.
Appears in 1 contract
Collateral Account. (( a) IfUpon the occurrence and during the continuance of an Event of Default, notwithstanding the instructions to debtors to make Lender may establish a collateral account (the "Collateral Account") for the deposit of payments to on Receivables and Subsidiary Receivables.
( b) If the LockboxCollateral Account is so established, the Borrower receives any shall promptly deposit, and shall require each Subsidiary to promptly deposit, all payments on Receivables, Subsidiary Receivables and other cash proceeds of the Borrower shall deposit such payments Collateral received by it or any Subsidiary into the Collateral Account. Until so depositeddeposited or paid to the Lender, the Borrower and Subsidiaries shall hold all such payments on Receivables and Subsidiary Receivables in trust for and as the property of the Lender and shall not commingle such payments with any of its other funds or property.
(b( c) Amounts deposited in the Collateral Account shall not bear interest and shall not be subject to withdrawal by the BorrowerBorrower or any Subsidiary, except after full payment and discharge of all Obligations.
(c( d) All deposits in the Collateral Account shall constitute proceeds of Collateral and shall not constitute payment of the Obligations. The Lender from time to time at its discretion mayshall, after allowing two (2) 2 Banking Days, apply deposited funds in the Collateral Account to the payment of the Obligations, in any order or manner of application satisfactory to the Lender, by transferring such funds to the Lender's general account.
(d( e) All items deposited in the Collateral Account shall be subject to final payment. If any such item is returned uncollected, the Borrower or its Subsidiaries will immediately pay the Lender, or, for items deposited in the Collateral Account, the bank maintaining such account, Lender the amount of that item, or such bank the Lender at its discretion may charge any uncollected item to the Borrower's commercial account or other account. The Borrower shall be liable as an endorser on all items deposited in the Collateral Account, whether or not in fact endorsed by the Borrower.
Appears in 1 contract
Samples: Credit and Security Agreement (Health Fitness Physical Therapy Inc)
Collateral Account. (ai) If, notwithstanding the instructions to debtors to make payments to the Lockbox, the Borrower receives any payments on Receivables, the The Borrower shall cause all proceeds of sales of Inventory to be deposited into a Collateral Account. The Borrower shall also deposit such payments all other cash proceeds of Collateral and all cash proceeds from other property and assets of Borrower (including, without limitation, proceeds from any loss or condemnation of or from the sale or other disposition of any real property) regardless of source or nature directly into the a Collateral Account. Until so deposited, the Borrower shall hold all such payments and cash proceeds in trust for and as the property of the Lender and shall not commingle such payments property with any of its other funds or property.
(b) Amounts deposited in the Collateral Account shall not bear interest and shall not be subject to withdrawal by the Borrower, except after full payment and discharge of all Obligations.
(c) . All deposits in the a Collateral Account shall constitute proceeds of Collateral and shall not constitute payment of the Obligations. The Lender from time to time at its discretion may, after allowing two (2) Banking Days, apply deposited funds in the Collateral Account to the payment of the Obligations, in any order or manner of application satisfactory to the Lender, by transferring such funds to the Lender's general accountIndebtedness.
(dii) All items deposited in the received by Lender from a depositary bank maintaining a Collateral Account shall be subject to final payment. If any such item is returned uncollected, the Borrower will immediately pay the Lender, or, for items deposited in the a Collateral Account, the depositary bank maintaining such account, the amount of that item, or such depositary bank at its discretion may charge any uncollected item to the Borrower's commercial account or other account. The Borrower shall be liable as an endorser on all items deposited in the a Collateral Account, whether or not in fact endorsed by the Borrower.
Appears in 1 contract
Samples: Credit and Security Agreement (Seaway Valley Capital Corp)
Collateral Account. (a) If, notwithstanding the instructions to debtors to make payments to the Lockbox, the any Borrower receives any payments on Receivables, the that Borrower shall deposit such payments into the Collateral Account. Until so deposited, the each Borrower shall hold all such payments in trust for and as the property of the Lender and shall not commingle such payments with any of its other funds or property.
(b) Amounts deposited in the Collateral Account shall not bear interest and shall not be subject to withdrawal by the any Borrower, except after full payment and discharge of all Obligations.
(c) All deposits in the Collateral Account shall constitute proceeds of Collateral and shall not constitute payment of the Obligations. The Lender from time to time at its discretion may, after allowing two (2) one Banking DaysDay, apply deposited funds in the Collateral Account to the payment of the Obligations, in any order or manner of application satisfactory to the Lender, by transferring such funds to the Lender's general account.
(d) All items deposited in the Collateral Account shall be subject to final payment. If any such item is returned uncollected, the Borrower Borrowers will immediately pay the Lender, or, for items deposited in the Collateral Account, the bank maintaining such account, the amount of that item, or such bank at its discretion may charge any uncollected item to the Borrower's Borrowers' commercial account or other account. The Each Borrower shall be liable as an endorser on all items deposited in the Collateral Account, whether or not in fact endorsed by the that Borrower.
Appears in 1 contract
Samples: Credit and Security Agreement (Eagle Geophysical Inc)