Common use of Collection by Seller Clause in Contracts

Collection by Seller. (a) Buyer appoints Seller its attorney-in-fact to receive payments and enforce its rights and designates Seller it's assignee for collection. Seller will use diligence and commercially reasonable means to collect Purchased Receivables. Buyer may revoke these appointments at any time. (b) Seller will begin legal proceedings about Purchased Receivables in its name (as Buyer's assignee for collection or enforcement) or, with Buyer's prior written consent, in Buyer's name. Seller will not make Buyer party to any litigation or arbitration without Buyer's written consent. (c) Seller will hold in trust for and give Buyer: (i) all payments made by Account Debtors, and (ii) all instruments, chattel paper and other proceeds of the Purchased Receivables. (d) Unless an Event of Repurchase occurs and continues Seller will remit payments to Buyer on the last business day of each week ("Settlement Date") starting the week after the Purchase Date. On each Settlement Date Seller will deliver a report acceptable to Buyer of account activity (including dates and amounts of payments) and changes for each Purchased Receivable.

Appears in 3 contracts

Samples: Non Recourse Receivables Purchase Agreement (Allaire Corp), Non Recourse Receivables Purchase Agreement (Art Technology Group Inc), Non Recourse Receivables Purchase Agreement (Harmonic Inc)

AutoNDA by SimpleDocs

Collection by Seller. (a) a. Buyer appoints Seller its attorney-in-fact to receive payments and enforce its rights and designates Seller it's assignee for collection. Seller will use diligence and commercially reasonable means to collect Purchased Receivables. Buyer may revoke these appointments at any timeif an Event of Default occurs and continues. (b) b. Seller will begin legal proceedings about Purchased Receivables in its name (as Buyer's assignee for collection or enforcement) or, with Buyer's prior written consent, in Buyer's name. Seller will not make Buyer party to any litigation or arbitration without Buyer's written consent. (c) c. Seller will hold in trust for and give Buyer: (iI) all payments made by Account Debtors, and (ii) all instruments, chattel paper and other proceeds of the Purchased Receivables. (d) d. Unless an Event of Repurchase Default occurs and continues Seller will remit payments to Buyer on the last business day of each week ("Settlement Date") starting the week after the Purchase Date. On each Settlement Date Seller will deliver a report acceptable to Buyer of account activity (including dates and amounts of payments) and changes for each Purchased Receivable.

Appears in 1 contract

Samples: Non Recourse Receivables Purchase Agreement (MMC Networks Inc)

Collection by Seller. (a) Buyer appoints Seller its attorney-in-fact to receive payments and enforce its rights and designates Seller it's ’s assignee for collection. Seller will use diligence and commercially reasonable means to collect Purchased Receivables. Buyer may revoke these appointments at any time. (b) Seller will begin legal proceedings about Purchased Receivables in its name (as Buyer's ’s assignee for collection or enforcement) or, with Buyer's ’s prior written consent, in Buyer's ’s name. Seller will not make Buyer party to any litigation or arbitration without Buyer's ’s written consent. (c) Seller will hold in trust for and give Buyer: (i) all payments made by Account Debtors, and (ii) all instruments, chattel paper and other proceeds of the Purchased Receivables. (d) Unless an Event of Repurchase occurs and continues Seller will remit payments to Buyer on the last business day of each week ("Settlement Date") starting the week after the Purchase Date. On each Settlement Date Seller will deliver a report acceptable to Buyer of account activity (including dates and amounts of payments) and changes for each Purchased Receivable.

Appears in 1 contract

Samples: Non Recourse Receivables Purchase Agreement (Deltagen Inc)

Collection by Seller. (a) Buyer appoints Seller its attorney-in-fact to receive payments and enforce its rights and designates Seller it's assignee for collection. Seller will use diligence and commercially reasonable means to collect Purchased Receivables. Buyer may revoke these appointments at any time. (b) Seller will may begin legal proceedings about Purchased Receivables in its name (as Buyer's assignee for collection or enforcement) or, with Buyer's prior written consent, in Buyer's name. Seller will not make Buyer party to any litigation or arbitration without Buyer's written consent. (c) Seller will hold in trust for and give Buyer: (i) all payments made by Account Debtors, and (ii) all instruments, chattel paper and other proceeds of the Purchased Receivables. (d) Unless an Event of Repurchase occurs and continues continues, Seller will remit payments to Buyer on the last business day of each week ("Settlement Seftlement Date") starting the week after the Purchase Date. On each Settlement Date Seller will deliver a report acceptable to Buyer of account activity (including dates and amounts of payments) and changes for each Purchased Receivable.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Marimba Inc)

AutoNDA by SimpleDocs

Collection by Seller. (a) a. Buyer appoints Seller its attorney-in-fact to receive payments and enforce its rights and designates Seller it's assignee for collection. Seller will use diligence and commercially reasonable means to collect Purchased Receivables. Buyer may revoke these appointments at any timeif an Event of Default occurs and continues. (b) b. Seller will begin legal proceedings about Purchased Receivables in its name (as Buyer's assignee for collection or enforcement) or, with Buyer's prior written consent, in Buyer's name. Seller will not make Buyer party to any litigation or arbitration without Buyer's written consent. (c) c. Seller will hold in trust for and give Buyer: Buyer (i) all payments made by Account Debtors, and (ii) all instruments, chattel paper and other proceeds of the Purchased Receivables. (d) d. Unless an Event of Repurchase Default occurs and continues Seller will remit payments to Buyer on the last business day of each week ("Settlement Date") starting the week after the Purchase Date. On each Settlement Date Seller will deliver a report acceptable to Buyer of account activity (including dates and amounts of payments) and changes for each Purchased Receivable.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Credence Systems Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!