Common use of Collection of Accounts and Proceeds of Collateral Clause in Contracts

Collection of Accounts and Proceeds of Collateral. To expedite collection, Borrower shall endeavor in the first instance to make collection of Borrower's Accounts for Lender. All Payment Items received by Borrower in respect of its Accounts, together with the proceeds of any other Collateral, shall be held by Borrower as trustee of an express trust for Lender's benefit and Borrower shall immediately deposit same in kind in the Dominion Account. Lender retains the right at all times after the occurrence of a Default or an Event of Default to notify Account Debtors of Borrower that Accounts have been assigned to Lender and to collect Accounts directly in its own name and to charge to Borrower the collection costs and expenses, incurred by Lender, including reasonable attorneys' fees.

Appears in 2 contracts

Samples: Loan and Security Agreement (Health Systems Solutions Inc), Loan and Security Agreement (Health Systems Solutions Inc)

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Collection of Accounts and Proceeds of Collateral. To expedite collection, Borrower Borrowers shall endeavor in the first instance to make collection of Borrower's Accounts for LenderBorrowers’ Accounts. All Payment Items received by any Borrower in respect of its Accounts, together with the proceeds of any other Collateral, shall be held by such Borrower as trustee of an express trust for Lender's Agent’s benefit and such Borrower shall immediately deposit same in kind in the a Dominion Account. Lender Agent retains the right at all times after during the occurrence continuance of a Default or an Event of Default to notify Account Debtors of each Borrower that Accounts have been assigned to Lender Agent and to collect Accounts directly in its own name and to charge to Borrower Borrowers the collection costs and expenses, incurred by LenderAgent or Lenders, including reasonable attorneys' fees.

Appears in 2 contracts

Samples: Loan and Security Agreement (Standard Register Co), Loan and Security Agreement (Standard Register Co)

Collection of Accounts and Proceeds of Collateral. To expedite collection, Borrower Borrowers shall endeavor in the first instance to make collection of Borrower's Borrowers’ Accounts for LenderAgent and Lenders. All Payment Items received by any Borrower in respect of its Accounts, together with the proceeds of any other Collateral, shall be held by such Borrower as trustee of an express trust for Lender's Agent’s benefit and Borrower shall immediately deposit same in kind in the Dominion Account. Lender Agent retains the right at all times after the occurrence of a Default or an Event of Default to notify Account Debtors of each Borrower that Accounts have been assigned to Lender Agent and to collect Accounts directly in its own name and to charge to Borrower Borrowers the collection costs and expenses, incurred by LenderAgent or Lenders, including reasonable attorneys' fees.

Appears in 2 contracts

Samples: Loan and Security Agreement (Integrated Electrical Services Inc), Loan and Security Agreement (Integrated Electrical Services Inc)

Collection of Accounts and Proceeds of Collateral. To expedite collection, Borrower shall endeavor in the first instance to make collection of Borrower's Accounts for LenderAgent and Lenders. All Payment Items received by Borrower in respect of its Accounts, together with the proceeds of any other Collateral, shall be held by Borrower as trustee of an express trust for LenderAgent's benefit and Borrower shall immediately promptly and diligently deposit same in kind in the Dominion Account. Lender Agent retains the right at all times after the occurrence of a Default or an Event of Default to notify Account Debtors of Borrower that Accounts have been assigned to Lender Agent and to collect Accounts directly in its own name and to charge to Borrower the collection costs and expenses, incurred by LenderAgent or Lenders, including reasonable attorneys' fees.

Appears in 1 contract

Samples: Loan and Security Agreement (Toms Foods Inc)

Collection of Accounts and Proceeds of Collateral. To expedite collection, Borrower Borrowers shall endeavor in the first instance to make collection of Borrower's Borrowers' Accounts for Lender. All Payment Items received by either Borrower in respect of its Accounts, together with the proceeds of any other Collateral, shall be held by Borrower Borrowers as trustee of an express trust for Lender's benefit and Borrower Borrowers shall immediately deposit same in kind in the Dominion Account. Lender retains the right at all times after the occurrence of a Default or an Event of Default to notify Account Debtors of Borrower Borrowers that Accounts have been assigned to Lender and to collect Accounts directly in its own name and to charge to Borrower Borrowers the collection costs and expenses, incurred by Lender, including reasonable attorneys' fees.

Appears in 1 contract

Samples: Loan and Security Agreement (Cmi Industries Inc)

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Collection of Accounts and Proceeds of Collateral. To expedite collection, Borrower shall endeavor in the first instance to make collection of Borrower's ’s Accounts for Lender. All Payment Items received by Borrower in respect of its Accounts, together with the proceeds of any other Collateral, shall be held by Borrower as trustee of an express trust for Lender's ’s benefit and Borrower shall immediately deposit same in kind in the Dominion Payment Account. Lender retains the right at all times after the occurrence of a Default or an Event of Default to notify Account Debtors of Borrower that Accounts have been assigned to Lender and to collect Accounts directly in its own name and to charge to Borrower the collection costs and expenses, incurred by Lender, including reasonable attorneys' fees.

Appears in 1 contract

Samples: Loan and Security Agreement (Elandia, Inc.)

Collection of Accounts and Proceeds of Collateral. To expedite collection, Borrower shall endeavor in the first instance to make collection of Borrower's Accounts for LenderAgent and Lenders. All Payment Items received by Borrower in respect of its Accounts, together with the proceeds of any other Collateral, shall be held by Borrower as trustee of an express trust for LenderAgent's benefit and Borrower shall immediately deposit same in kind in the Dominion Account. Lender Agent retains the right at all times after the occurrence of when a Default or an Event of Default exists to notify Account Debtors of Borrower that Accounts have been assigned to Lender Agent and to collect Accounts directly in its own name and to charge to Borrower the collection costs and expenses, incurred by LenderAgent or Lenders, including reasonable attorneys' fees.

Appears in 1 contract

Samples: Loan and Security Agreement (Pameco Corp)

Collection of Accounts and Proceeds of Collateral. To expedite collection, Borrower Borrowers shall endeavor in the first instance to make collection of Borrower's Accounts for LenderBorrowers’ Accounts. All Payment Items received by any Borrower in respect of its Accounts, together with the proceeds of any other Collateral, shall be held by such Borrower as trustee of an express trust for Lender's Agent’s benefit and such Borrower shall immediately deposit same in kind in the Dominion Account. Lender Agent retains the right at all times after during the occurrence continuance of a Default or an Event of Default to notify Account Debtors of each Borrower that Accounts have been assigned to Lender Agent and to collect Accounts directly in its own name and to charge to Borrower Borrowers the collection costs and expenses, incurred by LenderAgent or Lenders, including reasonable attorneys' fees.

Appears in 1 contract

Samples: Loan and Security Agreement (Standard Register Co)

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