Common use of Collection and Segregation of Accounts and Right to Notify Clause in Contracts

Collection and Segregation of Accounts and Right to Notify. Lender hereby authorizes Debtor to collect the Collateral, subject to the direction and control of Lender, but following the occurrence and during the continuance of an Event of Default, Lender may without cause or notice, curtail or terminate said authority at any time. Upon notice by Lender, whether oral or in writing to Debtor, Debtor shall forthwith upon receipt of all checks, drafts, cash, and other remittances in payment of or on account following the occurrence and during the continuance of an Event of Default of the Collateral, deposit the same in one or more special accounts maintained with Lender over which Lender alone shall have power of withdrawal. The remittance of the proceeds of such Collateral shall not, however, constitute payment or liquidation of such Collateral until Lender shall receive good funds for such proceeds. Funds placed in such special accounts shall be held by Lender as security for all Obligations secured hereunder. These proceeds shall be deposited in precisely the form received except for the endorsement of Debtor where necessary to permit collection of items, which indorsement Debtor agrees to make and which indorsement Lender is also hereby authorized, as attorney-in-fact, to make on behalf of Debtor. In the event Lender has notified Debtor to make deposits to a special account, pending such deposit, Debtor agrees that it will not commingle any such checks, drafts, cash or other remittances with any funds or other property of Debtor, but will hold them separate and apart therefrom, and upon an express trust for Lender until deposit thereof is made in the special account. Lender will, from time to time, apply the whole or any part of the Collateral funds on deposit in this special account against such Obligations as are secured hereby as Lender may in its sole discretion elect. At the sole election of Lender, any portion of said funds on deposit in the special account which Lender shall elect not to apply to the Obligations, may be paid over by Lender to Debtor. At any time, following the occurrence and during the continuance of an Event of Default, Lender may notify persons obligated on any Collateral to make payments directly to Lender and Lender may take control of all proceeds of any Collateral. Until Lender elects to exercise such rights, Debtor as agent of Lender, shall collect and enforce all payments owed on the Collateral.

Appears in 5 contracts

Samples: Security Agreement (Frisby Technologies Inc), Security Agreement (Frisby Technologies Inc), Security Agreement (Frisby Technologies Inc)

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Collection and Segregation of Accounts and Right to Notify. Lender Bank hereby authorizes Debtor to collect the Collateral, subject to the direction and control of LenderBank, but following the occurrence and during the continuance of an Event of DefaultBank may, Lender may without cause or notice, curtail or terminate said authority at any time. Upon notice by LenderBank, whether oral or in writing writing, to Debtor, Debtor shall forthwith upon receipt of all checks, drafts, cash, and other remittances in payment of or on account following the occurrence and during the continuance of an Event of Default of the Collateral, deposit the same in one or more special accounts maintained with Lender Bank over which Lender Bank alone shall have the power of withdrawal. The remittance of the proceeds of such Collateral shall not, however, constitute payment or liquidation of such Collateral until Lender Bank shall receive good funds for such proceeds. Funds placed in such special accounts shall be held by Lender Bank as security for all Obligations secured hereunder. These proceeds shall be deposited in precisely the form received received, except for the endorsement indorsement of Debtor where necessary to permit collection of items, which indorsement Debtor agrees to make make, and which indorsement Lender Bank is also hereby authorized, as attorney-in-fact, to make on behalf of Debtor. In the event Lender Bank has notified Debtor to make deposits to a special account, pending such deposit, Debtor agrees that it will not commingle any such checks, drafts, cash or other remittances with any funds or other property of Debtor, but will hold them separate and apart therefrom, and upon an express trust for Lender Bank until deposit thereof is made in the special account. Lender Bank will, from time to time, apply the whole or any part of the Collateral funds on deposit in this special account against such Obligations as are secured hereby as Lender Bank may in its sole discretion elect. At the sole election of LenderBank, any portion of said funds on deposit in the special account which Lender Bank shall elect not to apply to the Obligations, may be paid over by Lender Bank to Debtor. At any time, following the occurrence and during the continuance of an Event of Defaultwhether Debtor is or is not in default hereunder, Lender Bank may notify persons obligated on any Collateral to make payments directly to Lender Bank and Lender Bank may take control of all proceeds of any Collateral. Until Lender Bank elects to exercise such rights, Debtor Debtor, as agent of LenderBank, shall collect and enforce all payments owed on the Collateral.

Appears in 3 contracts

Samples: Security Agreement (Closure Medical Corp), Security Agreement (Petmed Express Inc), Security Agreement (American Aircarriers Support Inc)

Collection and Segregation of Accounts and Right to Notify. Lender Secured Party hereby authorizes Debtor to collect the Collateral, subject to the direction and control of LenderSecured Party but Secured Party may, but following the occurrence and during the continuance of an Event of Default, Lender may without cause or notice, curtail or terminate said authority at any time. Upon notice by LenderSecured Party, whether oral or in writing writing, to Debtor, Debtor shall forthwith upon receipt of all checks, drafts, cash, and other remittances in payment of or on account following the occurrence and during the continuance of an Event of Default of the Collateral, deposit the same in one or more special accounts maintained with Lender Secured Party over which Lender Secured Party alone shall have the power of withdrawal. The remittance of the proceeds of such Collateral shall not, however, constitute payment or liquidation of such Collateral until Lender Secured Party shall receive good funds for such proceeds. Funds placed in such special accounts shall be held by Lender Secured Party as security for all Obligations Indebtedness secured hereunder. These proceeds shall be deposited in precisely the form received received, except for the endorsement indorsement of Debtor where necessary to permit collection of items, which indorsement Debtor agrees to make make, and which indorsement Lender Secured Party is also hereby authorized, as attorney-in-fact, to make on behalf of Debtor. In the event Lender Secured Party has notified Debtor to make deposits to a special account, pending such deposit, Debtor agrees that it will not commingle any such checks, drafts, cash or other remittances with any funds or other property of Debtor, but will hold them separate and apart therefrom, and upon an express trust for Lender Secured Party until deposit thereof is made in the special account. Lender Secured Party will, from time to time, apply the whole or any part of the Collateral funds on deposit in this special account against such Obligations Indebtedness as are secured hereby as Lender Secured Party may in its sole discretion elect. At the sole election of LenderSecured Party, any portion of said funds on deposit in the special account which Lender Secured Party shall elect not to apply to the ObligationsIndebtedness, may be paid over by Lender Secured Party to Debtor. At any time, following the occurrence and during the continuance of an Event of Defaultwhether Debtor is or is not in default hereunder, Lender Secured Party may notify persons obligated on any Collateral to make payments directly to Lender Secured Party and Lender Secured Party may take control of all proceeds of any Collateral. Until Lender Secured Party elects to exercise such rights, Debtor Debtor, as agent of LenderSecured Party, shall collect and enforce all payments owed on the Collateral.

Appears in 2 contracts

Samples: Security Agreement (Megamedia Networks Inc), Security Agreement (Megamedia Networks Inc)

Collection and Segregation of Accounts and Right to Notify. Lender hereby authorizes Debtor to collect the Collateral, subject to the direction and control of Lender, but following the occurrence and during the continuance of an Event of DefaultLender may, Lender may without cause or notice, curtail or terminate said authority at any timetime after the occurrence of an Event of Default. Upon After the occurrence of an Event of Default and upon written notice by Lender, whether oral or in writing Lender to Debtor, Debtor shall forthwith upon receipt of all checks, drafts, cash, and other remittances in payment of or on account following the occurrence and during the continuance of an Event of Default of the Collateral, deposit the same in one or more special accounts maintained with Lender over which Lender alone shall have the power of withdrawal. The remittance of the proceeds of such Collateral shall not, however, constitute payment or liquidation of such Collateral until Lender shall receive good funds for such proceeds. Funds placed in such special accounts shall be held by Lender as security for all Obligations secured hereunder. These proceeds shall be deposited in precisely the form received received, except for the endorsement indorsement of Debtor where necessary to permit collection of items, which indorsement Debtor agrees to make make, and which indorsement Lender is also hereby authorized, as attorney-in-fact, to make on behalf of Debtor. In the event Lender has notified Debtor to make deposits to a special account, pending such deposit, Debtor agrees that it will not commingle any such checks, drafts, cash or other remittances with any funds or other property of Debtor, but will hold them separate and apart therefrom, and upon an express trust for Lender until deposit thereof is made in the special account. Lender will, from time to time, apply the whole or any part of the Collateral funds on deposit in this special account against such Obligations as are secured hereby as Lender may in its sole discretion elect. At the sole election of Lender, any portion of said funds on deposit in the special account which Lender shall elect not to apply to the Obligations, may be paid over by Lender to Debtor. At any time, following the occurrence and during the continuance of an Event of Defaultwhether Debtor is or is not in default hereunder, Lender may notify persons obligated on any Collateral to make payments directly to Lender and Lender may take control of all proceeds of any Collateral. Until Lender elects to exercise such rights, Debtor Debtor, as agent of Lender, shall collect and enforce all payments owed on the Collateral.

Appears in 1 contract

Samples: Loan Agreement (Medical Technology Systems Inc /De/)

Collection and Segregation of Accounts and Right to Notify. Lender Secured Party hereby authorizes Debtor to collect the Collateral, subject to the direction and control of LenderSecured Party, but following the occurrence and during the continuance of an Event of DefaultSecured Party may, Lender may without cause or notice, curtail or terminate said authority at any time. Upon notice by LenderSecured Party, whether oral or in writing writing, to Debtor, Debtor shall forthwith upon receipt of all checks, drafts, cash, and other remittances in payment of or on account following the occurrence and during the continuance of an Event of Default of the Collateral, deposit the same in one or more special accounts maintained with Lender a financial institution acceptable to Secured Party over which Lender Secured Party alone shall have the power of withdrawal. The remittance of the proceeds of such Collateral shall not, however, constitute payment or liquidation of such Collateral until Lender Secured Party shall receive good funds for such proceeds. Funds placed in such special accounts shall be held by Lender as security for all Obligations secured hereunderObligations. These proceeds shall be deposited in precisely the form received received, except for the endorsement indorsement of Debtor where necessary to permit collection of items, which indorsement Debtor agrees to make make, and which indorsement Lender Secured Party is also hereby authorized, as attorney-in-fact, to make on behalf of Debtor. In the event Lender Secured Party has notified Debtor to make deposits to a special account, pending such deposit, Debtor agrees that it will not commingle any such checks, drafts, cash or other remittances with any other funds or other property of Debtor, but will hold them separate and apart therefrom, and upon an express trust for Lender Secured Party until deposit thereof is made in the special account. Lender Secured Party will, from time to time, apply the whole or any part of the Collateral funds on deposit in this special account against such Obligations as are secured hereby as Lender Secured Party may in its sole discretion elect. At the sole election of LenderSecured Party, any portion of said funds on deposit in the special account which Lender Secured Party shall elect not to apply to the Obligations, Obligations may be paid over by Lender Secured Party to Debtor. At any time, following the occurrence and during the continuance of an Event of Defaultwhether Debtor is or is not in default hereunder, Lender Secured Party may notify persons obligated on any Collateral to make payments directly to Lender Secured Party and Lender Secured Party may take control of all proceeds of any Collateral. Until Lender Secured Party elects to exercise such rights, Debtor Debtor, as agent of LenderSecured Party, shall collect and enforce all payments owed on the Collateral.

Appears in 1 contract

Samples: Security Agreement (Fountain Powerboat Industries Inc)

Collection and Segregation of Accounts and Right to Notify. Lender Bank hereby authorizes Debtor to collect the Collateral, subject to the direction and control of LenderBank, but following the occurrence and during the continuance of an Event of DefaultBank may, Lender may without cause or notice, curtail or terminate said authority at any time. Upon notice by LenderBank, whether oral or in writing writing, to Debtor, Debtor shall forthwith upon receipt of all checks, drafts, cash, and other remittances in payment of or on account following the occurrence and during the continuance of an Event of Default of the Collateral, deposit the same in one or more special accounts maintained with Lender Bank over which Lender Bank alone shall have the power of withdrawal. The remittance of the proceeds of such Collateral shall not, however, constitute payment or liquidation of such Collateral until Lender Bank shall receive good funds for such proceeds. Funds placed in such special accounts shall be held by Lender Bank as security for all Obligations secured hereunder. These proceeds shall be deposited in precisely the form received received, except for the endorsement indorsement of Debtor where necessary to permit collection of items, which indorsement Debtor agrees to make make, and which indorsement Lender Bank is also hereby authorized, as attorney-in-in- fact, to make on behalf of Debtor. In the event Lender Bank has notified Debtor to make deposits to a special account, pending such deposit, Debtor agrees that it will not commingle any such checks, drafts, cash or other remittances with any funds or other property of Debtor, but will hold them separate and apart therefrom, and upon an express trust for Lender Bank until deposit thereof is made in the special account. Lender Bank will, from time to time, apply the whole or any part of the Collateral funds on deposit in this special account against such Obligations as are secured hereby as Lender Bank may in its sole discretion elect. At the sole election of LenderBank, any portion of said funds on deposit in the special account which Lender Bank shall elect not to apply to the Obligations, may be paid over by Lender Bank to Debtor. At any time, following the occurrence and during the continuance of an Event of Defaultwhether Debtor is or is not in default hereunder, Lender Bank may notify persons obligated on any Collateral to make payments directly to Lender Bank and Lender Bank may take control of all proceeds of any Collateral. Until Lender Bank elects to exercise such rights, Debtor Debtor, as agent of LenderBank, shall collect and enforce all payments owed on the Collateral.

Appears in 1 contract

Samples: Security Agreement (Rent a Wreck of America Inc)

Collection and Segregation of Accounts and Right to Notify. Lender Bank hereby authorizes Debtor to collect the Collateral, subject to sto the direction and control of LenderBank, but following the occurrence and during the continuance of an Event of DefaultBank may, Lender may without cause or notice, curtail or terminate said authority at any time. Upon notice by LenderBank, whether oral or in writing writing, to Debtor, Debtor shall forthwith upon receipt of all checks, drafts, cash, and other remittances in payment of or on account following the occurrence and during the continuance of an Event of Default of the Collateral, deposit the same in one or more special accounts maintained with Lender Bank over which Lender Bank alone shall have the power of withdrawal. The remittance of the proceeds of such Collateral shall not, not ' however, constitute payment or liquidation of such Collateral until Lender Bank shall receive good funds for such proceeds. Funds placed in such special accounts shall be held by Lender Bank as security for all Obligations secured hereunder. These proceeds shall be deposited in precisely the form received received, except for the endorsement indorsement of Debtor where necessary to permit collection of items, which indorsement Debtor agrees to make make, and which indorsement Lender Bank is also hereby authorized, as attorney-in-fact, to make on behalf of Debtor. In the event Lender Bank has notified Debtor to make deposits to a special account, pending such deposit, Debtor agrees that it will not commingle any such checks, drafts, cash or other remittances with any funds or other property of Debtor, but will hold them separate and apart therefrom, and upon an express trust for Lender Bank until deposit thereof is made in the special account. Lender Bank will, from time to time, apply the whole or any part of the Collateral funds on deposit in this special account against such Obligations as are secured hereby as Lender Bank may in its sole discretion elect. At the sole election of LenderBank, any portion of said funds on deposit in the special account which Lender Bank shall elect not to apply to the Obligations, may be paid over by Lender Bank to Debtor. At any time, following the occurrence and during the continuance of an Event of Defaultwhether Debtor is or is nin default hereunder, Lender Bank may notify persons obligated on any Collateral to make payments directly to Lender Bank and Lender Bank may take control of all proceeds of any Collateral. Until Lender Bank elects to exercise such rights, Debtor Debtor, as agent of LenderBank, shall collect and enforce all payments owed on the Collateral.

Appears in 1 contract

Samples: Security Agreement (Rent a Wreck of America Inc)

Collection and Segregation of Accounts and Right to Notify. Subject to any more restrictive provisions of the Loan Agreement or other Related Documents Lender hereby authorizes Debtor to collect the Collateral, subject to the direction and control of Lender, but following the occurrence and during the continuance of an Event of DefaultLender may, Lender may without cause or notice, curtail or terminate said authority at any time. Upon notice by Lender, whether oral or in writing writing, to Debtor, Debtor shall forthwith upon receipt of all checks, drafts, cash, and other remittances in payment of or on account following the occurrence and during the continuance of an Event of Default of the Collateral, deposit the same in one or more special accounts maintained with Lender over which Lender alone shall have the power of withdrawal. The remittance of the proceeds of such Collateral shall not, however, constitute payment or liquidation of such Collateral until Lender shall receive good funds for such proceeds. Funds placed in such special accounts shall be held by Lender as security for all Obligations secured hereunder. These proceeds shall be deposited in precisely the form received received, except for the endorsement indorsement of Debtor where necessary to permit collection of items, which indorsement Debtor agrees to make make, and which indorsement Lender is also hereby authorized, as attorney-in-fact, to make on behalf of Debtor. In the event Lender has notified Debtor to make deposits to a special account, pending such deposit, Debtor agrees that it will not commingle any such checks, drafts, cash or other remittances with any funds or other property of Debtor, but will hold them separate and apart therefrom, and upon an express trust for Lender until deposit thereof is made in the special account. Lender will, from time to time, apply the whole or any part of the Collateral funds on deposit in this special account against such Obligations as are secured hereby as Lender may in its sole discretion elect. At the sole election of Lender, any portion of said funds on deposit in the special account which Lender shall elect not to apply to the Obligations, may be paid over by Lender to Debtor. At any time, following the occurrence and during the continuance of an Event of Defaultwhether Debtor is or is not in default hereunder, Lender may notify persons obligated on any Collateral to make payments directly to Lender and Lender may take control of all proceeds of any Collateral. Until Lender elects to exercise such rights, Debtor Debtor, as agent of Lender, shall collect and enforce all payments owed on the Collateral.

Appears in 1 contract

Samples: Security Agreement (Florida Public Utilities Co)

Collection and Segregation of Accounts and Right to Notify. Lender Bank hereby authorizes Debtor to collect the Collateral, subject to the direction and control of LenderBank, but following the occurrence and during the continuance of an Event of DefaultBank may, Lender may without cause or notice, curtail or terminate said authority at any time. Upon notice by LenderBank, whether oral or in writing writing, to Debtor, Debtor shall forthwith upon receipt of all checks, drafts, cash, and other remittances in payment of or on account following the occurrence and during the continuance of an Event of Default of the Collateral, deposit the same in one or more special accounts maintained with Lender Bank over which Lender Bank alone shall have the power of withdrawal. The remittance of the proceeds of such Collateral shall not, however, constitute payment or liquidation of such Collateral until Lender Bank shall receive good funds for such proceeds. Funds placed in such special accounts shall be held by Lender Bank as security for all Obligations secured hereunderObligations. These proceeds shall be deposited in precisely the form received received, except for the endorsement indorsement of Debtor where necessary to permit collection of items, which indorsement Debtor agrees to make make, and which indorsement Lender Bank is also hereby authorized, as attorney-in-fact, to make on behalf of Debtor. In the event Lender Bank has notified Debtor to make deposits to a special account, pending such deposit, Debtor agrees that it will not commingle any such checks, drafts, cash or other remittances with any funds or other property of Debtor, but will hold them separate and apart therefrom, and upon an express trust for Lender Bank until deposit thereof is made in the special account. Lender Bank will, from time to time, apply the whole or any part of the Collateral funds on deposit in this special account against such Obligations as are secured hereby as Lender Bank may in its sole discretion elect. At the sole election of LenderBank, any portion of said funds on deposit in the special account which Lender Bank shall elect not to apply to the Obligations, may be paid over by Lender Bank to Debtor. At any time, following the occurrence and during the continuance of an Event of Defaultwhether Debtor is or is not in default hereunder, Lender Bank may notify persons obligated on any Collateral to make payments directly to Lender Bank and Lender Bank may take control of all proceeds of any Collateral. Until Lender Bank elects to exercise such rights, Debtor Debtor, as agent of LenderBank, shall collect and enforce all payments owed on the Collateral.

Appears in 1 contract

Samples: Security Agreement (Fountain Powerboat Industries Inc)

Collection and Segregation of Accounts and Right to Notify. Lender Bank hereby authorizes Debtor to collect the Collateral, subject to the direction and control of LenderBank , but following the occurrence and during the continuance of an Event of DefaultBank may, Lender may without cause or notice, curtail or terminate said authority at any time. , Upon notice by LenderBank, whether oral or in writing writing, to Debtor, Debtor shall forthwith upon receipt of all checks, drafts, cash, and other remittances in payment of or on account following the occurrence and during the continuance of an Event of Default of the Collateral, deposit the same in one or more special accounts maintained with Lender Bank over which Lender Bank alone shall have the power of withdrawal. The remittance of the proceeds of such Collateral shall not, however, constitute payment or liquidation of such Collateral until Lender Bank shall receive good funds for such proceeds. Funds placed in such special accounts shall be held by Lender Bank as security for all Obligations secured hereunder. These proceeds shall be deposited in precisely the form received received, except for the endorsement indorsement of Debtor where necessary to permit collection of items, which indorsement Debtor agrees to make make, and which indorsement Lender Bank is also hereby authorized, as attorney-in-fact, to make on behalf of Debtor. In the event Lender Bank has notified Debtor to make deposits to a special account, pending such deposit, Debtor agrees that it will not commingle any such checks, drafts, cash or other remittances with any funds or other property of Debtor, but will hold them separate and apart therefrom, and upon an express trust for Lender Bank until deposit thereof is made in the special account. Lender Bank will, from time to time, apply the whole or any part of the Collateral funds on deposit in this special account against such Obligations as are secured hereby as Lender Bank may in its sole discretion elect. At the sole election of LenderBank, any portion of said funds on deposit in the special account which Lender Bank shall elect not to apply to the Obligations, may be paid over by Lender Bank to Debtor. At any time, following the occurrence and during the continuance of an Event of Defaultwhether Debtor is or is not in default hereunder, Lender Bank may notify persons obligated on any Collateral to make payments directly to Lender Bank and Lender Bank may take control of all proceeds of any Collateral. Until Lender Bank elects to exercise such rights, Debtor Debtor, as agent of LenderBank, shall collect and enforce all payments owed on the Collateral.

Appears in 1 contract

Samples: Security Agreement (Rent a Wreck of America Inc)

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Collection and Segregation of Accounts and Right to Notify. Lender Upon the occurrence of an Event of Default, Bank hereby authorizes Debtor to collect the Collateral, subject to the direction and control of LenderBank, but following the occurrence and during the continuance of an Event of DefaultBank may, Lender may without cause or notice, curtail or terminate said authority at any time. Upon notice by LenderBank, whether oral or in writing writing, to Debtor, Debtor shall forthwith upon receipt of all checks, drafts, cash, and other remittances in payment of or on account following the occurrence and during the continuance of an Event of Default of the Collateral, deposit the same in one or more special accounts maintained with Lender Bank over which Lender Bank alone shall have the power of withdrawal. The remittance of the proceeds of such Collateral shall not, however, constitute payment or liquidation of such Collateral until Lender Bank shall receive good funds for such proceeds. Funds placed in such special accounts shall be held by Lender Bank as security for all Obligations secured hereunder. These proceeds shall be deposited in precisely the form received received, except for the endorsement of Debtor where necessary to permit collection of items, which indorsement endorsement Debtor agrees to make make, and which indorsement Lender endorsement Bank is also hereby authorized, as attorney-in-in- fact, to make on behalf of Debtor. In the event Lender Bank has notified Debtor to make deposits to a special account, pending such deposit, Debtor agrees that it will not commingle any such checks, drafts, cash or other remittances with any funds or other property of Debtor, but will hold them separate and apart therefrom, and upon an express trust for Lender Bank until deposit thereof is made in the special account. Lender Bank will, from time to time, apply the whole or any part of the Collateral funds on deposit in this special account against such Obligations as are secured hereby as Lender Bank may in its sole discretion elect. At the sole election of LenderBank, any portion of said funds on deposit in the special account which Lender Bank shall elect not to apply to the Obligations, may be paid over by Lender Bank to Debtor. At any time, following the occurrence and during the continuance of an Event of Defaultwhether Debtor is or is not in default hereunder, Lender Bank may notify persons obligated on any Collateral to make payments directly to Lender Bank and Lender Bank may take control of all proceeds of any Collateral. Until Lender Bank elects to exercise such rights, Debtor Debtor, as agent of LenderBank, shall collect and enforce all payments owed on the Collateral.,

Appears in 1 contract

Samples: Loan Agreement (Opnet Technologies Inc)

Collection and Segregation of Accounts and Right to Notify. Lender Bank hereby authorizes Debtor to collect the Collateral, subject to sto the direction and control of LenderBank but Bank may, but following the occurrence and during the continuance of an Event of Default, Lender may without cause or notice, curtail or terminate said authority at any time. Upon notice by LenderBank, whether oral or in writing writing, to Debtor, Debtor shall forthwith upon receipt of all checks, drafts, cash, and other remittances in payment of or on account following the occurrence and during the continuance of an Event of Default of the Collateral, deposit the same in one or more special accounts maintained with Lender Bank over which Lender Bank alone shall have the power of withdrawal. The remittance of the proceeds of such Collateral shall not, however, constitute payment or liquidation of such Collateral until Lender Bank shall receive good funds for such proceeds. Funds placed in such special accounts shall be held by Lender Bank as security for all Obligations secured hereunder. These proceeds shall be deposited in precisely the form received received, except for the endorsement indorsement of Debtor where necessary to permit collection of items, which indorsement Debtor agrees to make make, and which indorsement Lender Bank is also hereby authorized, as attorney-in-fact, to make on behalf of Debtor. In the event Lender Bank has notified Debtor to make deposits to a special account, pending such deposit, Debtor agrees that it will not commingle any such checks, drafts, cash or other MD071 8 Approved: 07/01/95 jt Revised: 08/30/99 remittances with any funds or other property of Debtor, but will hold them separate and apart therefrom, and upon an express trust for Lender Bank until deposit thereof is made in the special account. Lender Bank will, from time to time, apply the whole or any part of the Collateral funds on deposit in this special account against such Obligations as are secured hereby as Lender Bank may in its sole discretion elect. At the sole election of LenderBank, any portion of said funds on deposit in the special account which Lender Bank shall elect not to apply to the Obligations, may be paid over by Lender Bank to Debtor. At any time, following the occurrence and during the continuance of an Event of Defaultwhether Debtor is or is nin default hereunder, Lender Bank may notify persons obligated on any Collateral to make payments directly to Lender Bank and Lender Bank may take control of all proceeds of any Collateral. Until Lender Bank elects to exercise such rights, Debtor Debtor, as agent of LenderBank, shall collect and enforce all payments owed on the Collateral.

Appears in 1 contract

Samples: Security Agreement (Rent a Wreck of America Inc)

Collection and Segregation of Accounts and Right to Notify. Lender hereby authorizes Debtor to collect the Collateral, subject to the direction and control of Lender, but following the occurrence and during the continuance of an Event of DefaultLender may, Lender may without cause or notice, curtail or terminate said authority at any time. Upon notice by Lender, whether oral or in writing writing, to Debtor, Debtor shall forthwith upon receipt of all checks, drafts, cash, and other remittances in payment of or on account following the occurrence and during the continuance of an Event of Default of the Collateral, deposit the same in one or more special accounts maintained with Lender over which Lender alone shall have the power of withdrawal. The remittance of the proceeds of such Collateral shall not, however, constitute payment or liquidation of such Collateral until Lender shall receive good funds for such proceeds. Funds placed in such special accounts shall be held by Lender as security for all Obligations secured hereunder. These proceeds shall be deposited in precisely the form received received, except for the endorsement of Debtor where necessary to permit collection of items, which indorsement endorsement Debtor agrees to make make, and which indorsement endorsement Lender is also hereby authorized, as attorney-in-fact, to make on behalf of Debtor. In the event Lender has notified Debtor to make deposits to a special account, pending such deposit, Debtor agrees that it will not commingle any such checks, drafts, cash or other remittances with any funds or other property of Debtor, but will hold them separate and apart therefrom, and upon an express trust for Lender until deposit thereof is made in the special account. Lender will, from time to time, apply the whole or any part of the Collateral funds on deposit in this special account against such Obligations as are secured hereby as Lender may in its sole discretion elect. At the sole election of Lender, any portion of said funds on deposit in the special account which Lender shall elect not to apply to the Obligations, may be paid over by Lender to Debtor. At any time, following the occurrence and during the continuance of an Event of Defaultwhether Debtor is or is not in default hereunder, Lender may notify persons obligated on any Collateral to make payments directly to Lender and Lender may take control of all proceeds of any Collateral. Until Lender elects to exercise such rights, Debtor Debtor, as agent of Lender, shall collect and enforce all payments owed on the Collateral.

Appears in 1 contract

Samples: Security Agreement (Tri-S Security Corp)

Collection and Segregation of Accounts and Right to Notify. Lender Bank hereby authorizes Debtor to collect the Collateral, subject to sto the direction and control of LenderBank, but following the occurrence and during the continuance of an Event of DefaultBank may, Lender may without cause or notice, curtail or terminate said authority at any time. Upon notice by LenderBank, whether oral or in writing writing, to Debtor, Debtor shall forthwith upon receipt of all checks, drafts, cash, and other remittances in payment of or on account following the occurrence and during the continuance of an Event of Default of the Collateral, deposit the same in one or more special accounts maintained with Lender Bank over which Lender Bank alone shall have the power of withdrawal. The remittance of the proceeds of such Collateral shall not, however, constitute payment or liquidation of such Collateral until Lender Bank shall receive good funds for such proceeds. Funds placed in such special accounts shall be held by Lender Bank as security for all Obligations secured hereunder. These proceeds shall be deposited in precisely the form received received, except for the endorsement indorsement of Debtor where necessary to permit collection of items, which indorsement Debtor agrees to make make, and which indorsement Lender Bank is also hereby authorized, as attorney-in-fact, to make on behalf of Debtor. In the event Lender Bank has notified Debtor to make deposits to a special account, pending such deposit, Debtor agrees that it will not commingle any such checks, drafts, cash or other remittances with any funds or other property of Debtor, but will hold them separate and apart therefrom, and upon an express trust for Lender Bank until deposit thereof is made in the special account. Lender Bank will, from time to time, apply the whole or any part of the Collateral funds on deposit in this special account against such Obligations as are secured hereby as Lender Bank may in its sole discretion elect. At the sole election of LenderBank, any portion of said funds on deposit in the special account which Lender Bank shall elect not to apply to the Obligations, may be paid over by Lender Bank to Debtor. At any time, following the occurrence and during the continuance of an Event of Defaultwhether Debtor is or is nin default hereunder, Lender Bank may notify persons obligated on any Collateral to make payments directly to Lender Bank and Lender Bank may take control of all proceeds of any Collateral. Until Lender Bank elects to exercise such rights, Debtor Debtor, as agent of LenderBank, shall collect and enforce all payments owed on the Collateral.

Appears in 1 contract

Samples: Security Agreement (Rent a Wreck of America Inc)

Collection and Segregation of Accounts and Right to Notify. Lender Bank hereby authorizes Debtor to collect the Collateral, subject to the direction and control of LenderBank, but following the occurrence and during the continuance of Bank may, after an Event of Default, Lender may Default has occurred and without cause or further notice, curtail or terminate said authority at any time. Upon notice by LenderBank, whether oral or in writing writing, to Debtor, Debtor shall forthwith upon receipt of all checks, drafts, cash, and other remittances in payment of or on account following the occurrence and during the continuance of an Event of Default of the Collateral, deposit the same in one or more special accounts maintained with Lender Bank over which Lender Bank alone shall have the power of withdrawal. The remittance of the proceeds of such Collateral shall not, however, constitute payment or liquidation of such Collateral until Lender Bank shall receive good funds for such proceeds. Funds placed in such special accounts shall be held by Lender Bank as security for all Obligations secured hereunder. These proceeds shall be deposited in precisely the form received received, except for the endorsement indorsement of Debtor where necessary to permit collection of items, which indorsement Debtor agrees to make make, and which indorsement Lender Bank is also hereby authorized, as attorney-in-fact, to make on behalf of Debtor. In the event Lender Bank has notified Debtor to make deposits to a special account, pending such deposit, Debtor agrees that it will not commingle any such checks, drafts, cash or other remittances with any funds or other property of Debtor, but will hold them separate and apart therefrom, and upon an express trust for Lender Bank until deposit thereof is made in the special account. Lender Bank will, from time to time, apply the whole or any part of the Collateral funds on deposit in this special account against such Obligations as are secured hereby as Lender Bank may in its sole discretion elect. At the sole election of LenderBank, any portion of said funds on deposit in the special account which Lender Bank shall elect not to apply to the Obligations, may be paid over by Lender Bank to Debtor. At any time, following the occurrence and during the continuance of If an Event of DefaultDefault has occurred and is continuing, Lender Bank may notify persons obligated on any Collateral to make payments directly to Lender Bank and Lender Bank may take control of all proceeds of any Collateral. Until Lender Bank elects to exercise such rights, Debtor Debtor, as agent of LenderBank, shall collect and enforce all payments owed on the Collateral.

Appears in 1 contract

Samples: Security Agreement (Hallmark Financial Services Inc)

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