Common use of Collection from Customers Clause in Contracts

Collection from Customers. (a) From Commencement we shall have the sole and exclusive right to collect and enforce payment of every Debt other than Debts Reassigned to you and you have no right to collect any Debt (including any Disapproved Debt ) unless we authorise you to do so in advance in writing. (b) You will assist our collection efforts if we so request by promptly providing all information required and you agree that for collection purposes we may institute and conduct legal proceedings in your name under our full control. You also agree to co-operate in any such proceedings (including the giving of evidence) and agree to be bound by anything done by us under this Clause. (c) You will immediately pass to us or to any bank we direct any payment a Customer makes to you directly in respect of a Debt and you agree not to xxxx or endorse any negotiable instrument relating to such payment otherwise than in our favour. You will hold any payment you receive for a Debt on our behalf until we receive it. You must not bank any such payment for your own account. Should you receive any check or other payment instrument with respect to a Debt or after default any Debt and fail to surrender and deliver to us said check or payment instrument on the next business day following the date of receipt by Customer, we shall be entitled to charge you a Misdirected Payment Fee to compensate us for the additional administrative expenses that the parties acknowledge is likely to be incurred as a result of such breach. This is without prejudice to any other remedies that may be available to us at law. (d) If a Customer makes a payment either to us or to you without specifying which Debts are covered by it then we shall apply it first against any Debts outstanding, second against the discharge of your liability to us, if any, whether arising under this Agreement or otherwise, and any remaining balance shall be paid to you for your disposition. (e) If there is shown in our books a credit balance with any Customer which remains outstanding we shall be entitled at our discretion to make repayments of such credit balance to the Customer out of monies available to you. (f) If any Debt received from any Customer is received by us in a currency other than U.S. Dollars and the amount produced by converting the other currency to U.S. Dollars is less than the amount of any sum advanced by us in relation to the Debt in question, then we shall be entitled to recoup any such shortfall from any Entitlement and you will in any event as an independent obligation indemnify us for the deficiency and any loss sustained as a result. (g) Unless agreed by us in writing in advance any payments due hereunder shall be made in US dollar. Any conversion described in paragraph (f) above shall be made at the prevailing rate of exchange on the date of clearance of any amount banked by us in such market as is reasonably determined by us as being most appropriate for such conversion, and you will in addition pay to us, or we shall be entitled to deduct from your Entitlement all costs, charges and expenses relating to the collection of and Debt; and/or in the case of a Debt not denominated in US dollars, conversion of amounts collected into such currencies (or into such other currency as we determine from time to time of such conversion.

Collection from Customers. (a) From Commencement the commencement of the receivables finance service we shall have the sole and exclusive right to collect and enforce payment of every Debt other than Debts Reassigned debts sold back to you and you have no right to collect any Debt (including any Disapproved Debt ) unless we authorise you to do so in advance in writing. (b) You will assist our collection efforts if we so request by promptly providing all information required and you agree that for collection purposes we may institute and conduct legal proceedings in your name under our full control. You also agree to co-operate in any such proceedings (including the giving of evidence) and agree to be bound by anything done by us under this Clauseclause. (c) You will immediately pass to us or to any bank we direct any payment a Customer makes to you directly in respect of a Debt book debt and you agree not to xxxx or endorse any negotiable instrument relating to such payment otherwise than in our favour. You will hold any payment you receive for a Debt book debt on our behalf trust for us until we receive it. You must not bank any such payment for your own account. Should you receive any check or other payment instrument with respect to a Debt book debt or after default any Debt book debt and fail to surrender and deliver to us said check or payment instrument on the next business day following the date of receipt by Customer, we shall be entitled to charge you a Misdirected Payment Fee to compensate us for the additional administrative expenses that the parties acknowledge is likely to be incurred as a result of such breach. This is without prejudice to any other remedies that may be available to us at law. (d) If a Customer makes a general payment either to us or to you without specifying which Debts debts are covered by it then we shall apply it first firstly against any Debts outstanding, second Secondly against the discharge of your liability to us, if any, whether arising under this Agreement or otherwise, and any remaining balance shall be paid to as you for your dispositionwish. (e) If there is shown in our books a credit balance with any Customer which remains outstanding we shall be entitled at our discretion to make repayments of such credit balance to the Customer out of monies available to you. (f) If any Debt received from any Customer is received by us in a currency other than U.S. Dollars US dollars and the amount produced by converting the other currency to U.S. Dollars US dollars is less than the amount of any sum advanced by us in relation to the Debt in question, then we shall be entitled to recoup any such shortfall short-fall from any Entitlement and you will in any event as an independent obligation indemnify us for the deficiency and any loss sustained as a result. (g) Unless agreed by us in writing in advance any payments due hereunder shall be made in US dollardollars, Sterling, and Euros. Any such conversion described in paragraph (f) above shall be made at the prevailing rate of exchange on the date of clearance of any amount effects banked by us in such market as is reasonably determined by us as being most appropriate for such conversion, and you will in addition pay to us, or we shall be entitled to deduct from your Entitlement all costs, charges and expenses relating to the collection of and Debt; and/or in the case of a Debt not denominated in US dollars, Sterling or Euros conversion of amounts collected into such currencies (or into such other currency as we determine from time to time time) of such conversion.

Collection from Customers. (a) From Commencement the commencement of the Sales Finance Service we shall have the sole and exclusive right to collect and enforce payment of every Debt book debt other than Debts Reassigned debts sold back to you and you have no right to collect any Debt (including any Disapproved Debt ) book debts unless we authorise you to do so in advance in writing. (b) You will assist our collection efforts if we so request by promptly providing all information required and you agree that for collection purposes we may institute and conduct legal proceedings in your name under our full control. You also agree We shall of course liaise with you but shall not be under any duty to co-operate in any such proceedings (including the giving of evidence) and agree to be bound by anything done by us under this Clause.do (c) You will immediately pass to us or to any bank Bank we direct any payment a Customer makes to you directly in respect of a Debt book debt and you agree not to xxxx mark or endorse any negotiable instrument relating to such payment xxxment otherwise than in our favour. You will hold any payment you receive for a Debt book debt on our behalf trust for us until we receive it. You must not bank any such payment for your own account. Should you receive any check or other payment instrument with respect to a Debt or after default any Debt and fail to surrender and deliver to us said check or payment instrument on the next business day following the date of receipt by Customer, we shall be entitled to charge you a Misdirected Payment Fee to compensate us for the additional administrative expenses that the parties acknowledge is likely to be incurred as a result of such breach. This is without prejudice to any other remedies that may be available to us at law. (d) If a Customer makes a general payment either to us or to you without specifying which Debts debts are covered by it then we shall apply it first firstly against any Debts outstanding, second book debts outstanding and secondly against the discharge of your liability to us, if any, whether arising under this Agreement or otherwise, and any remaining balance shall be paid to as you for your dispositionwish. (e) If there is shown in our books a credit balance with any Customer which remains outstanding we shall be entitled at our discretion to make repayments of such credit balance to the Customer out of monies available to you. (f) If any Debt book debt received from any Customer is received by us in a currency other than U.S. Dollars sterling and the amount produced by converting the other currency to U.S. Dollars sterling is less than the amount of any sum advanced by us in relation to the Debt book debt in question, question then we shall be entitled to recoup any such shortfall short fall from any Entitlement and you will in any event as an independent obligation indemnify us for the deficiency and any loss sustained as a result. (g) . Unless agreed by us in writing in advance any payments due hereunder shall be made in US dollarsterling. Any such conversion described in paragraph (f) above shall be made at the prevailing rate of exchange on the date of clearance of any amount effects banked by us in such market as is reasonably determined by us as being most appropriate for such conversion, and you will in addition pay to us, or we shall be entitled to deduct from your Entitlement all costs, charges and expenses relating to the collection of and Debt; and/or in the case of a Debt not denominated in US dollars, conversion of amounts collected into such currencies (or into such other currency as we determine from time to time any costs of such conversion.

Collection from Customers. (a) From Commencement we shall have the sole and exclusive right to collect and enforce payment of every Debt other than Debts Reassigned to you and you have no right to collect any Debt (including any Disapproved Debt ) unless we authorise you to do so in advance in writing. (b) You will assist our collection efforts if we so request by promptly providing all information required and you agree that for collection purposes we may institute and conduct legal proceedings in your name under our full control. You also agree to co-operate in any such proceedings (including the giving of evidence) and agree to be bound by anything done by us under this Clause. (c) You will immediately pass to us or to any bank we direct any payment a Customer makes to you directly in respect of a Debt and you agree not to xxxx or endorse any negotiable instrument relating to such payment otherwise than in our favour. You will hold any payment you receive for a Debt on our behalf for us until we receive it. You must not bank any such payment , separately and exclusively for your own our account. Should you receive any check or other payment instrument with respect to a Debt or after default any Debt and fail to surrender and deliver to us said check or payment instrument on the next business day following the date of receipt by Customer, we shall be entitled to charge you a Misdirected Payment Fee to compensate us for the additional administrative expenses that the parties acknowledge is likely to be incurred as a result of such breach. This is without prejudice to any other remedies that may be available to us at law. (d) If a Customer makes a payment either to us or to you without specifying which Debts are covered by it then we shall apply it first against any Debts outstanding, second against the discharge of your liability to us, if any, whether arising under this Agreement or otherwise, and any remaining balance shall be paid to you for your disposition. (e) If there is shown in our books a credit balance with any Customer which remains outstanding we shall be entitled at our discretion to make repayments of such credit balance to the Customer out of monies available to you. (f) If any Debt received from any Customer is received by us in a currency other than U.S. Dollars and the amount produced by converting the other currency to U.S. Dollars is less than the amount of any sum advanced by us in relation to the Debt in question, then we shall be entitled to recoup any such shortfall from any Purchase Price Entitlement and you will in any event as an independent obligation indemnify us for the deficiency and any loss sustained as a result. (g) Unless agreed by us in writing in advance any payments due hereunder shall be made in US dollarU.S. Dollars, Sterling, or Euros. Any conversion described in paragraph (f) above shall be made at the prevailing rate of exchange on the date of clearance of any amount banked by us in such market as is reasonably determined by us as being most appropriate for such conversion, and you will in addition pay to us, or we shall be entitled to deduct from your Purchase Price Entitlement all costs, charges and expenses relating to the collection of and Debt; and/or in the case of a Debt not denominated in US dollars, Sterling or Euros conversion of amounts collected into such currencies (or into such other currency as we determine from time to time time) of such conversion.