Collection of Accounts, General Intangibles and Negotiable Collateral. At any time after the occurrence and during the continuation of an Event of Default, Agent or Agent’s designee may (a) notify Account Debtors of Borrower that Borrower’s Accounts, chattel paper, or General Intangibles have been assigned to Agent or that Agent has a security interest therein, or (b) collect Borrower’s Accounts, chattel paper, or General Intangibles directly and charge the collection costs and expenses to the Loan Account. Borrower agrees that it will hold in trust for the Lender Group, as the Lender Group’s trustee, any of its or its Subsidiaries’ Collections that it receives and immediately will deliver such Collections to Agent or a Cash Management Bank in their original form as received by Borrower or its Subsidiaries.
Appears in 7 contracts
Samples: Loan and Security Agreement (Freshpet, Inc.), Loan and Security Agreement (Freshpet, Inc.), Loan and Security Agreement (Freshpet, Inc.)
Collection of Accounts, General Intangibles and Negotiable Collateral. At any time after the occurrence and during the continuation of an Event of Default, Agent Lender or AgentLender’s designee may (a) notify Account Debtors of Borrower that Borrower’s Accounts, chattel paper, or General Intangibles have been assigned to Agent Lender or that Agent Lender has a security interest therein, or (b) collect Borrower’s Accounts, chattel paper, or General Intangibles directly and charge the collection costs and expenses to the Loan Account. Borrower agrees that it will hold in trust for the Lender GroupLender, as the Lender GroupLender’s trustee, any of its or its Subsidiaries’ Collections that it receives and immediately will deliver such Collections to Agent Lender or a Cash Management Bank in their original form as received by Borrower or its Subsidiaries.
Appears in 6 contracts
Samples: Loan and Security Agreement (Freshpet, Inc.), Loan and Security Agreement (Swank, Inc.), Loan and Security Agreement (Swank, Inc.)
Collection of Accounts, General Intangibles and Negotiable Collateral. At any time after the occurrence and during the continuation of an Event of Default, Agent or Agent’s designee may (a) notify Account Debtors of Borrower Borrowers that Borrower’s the Accounts, chattel paper, or General Intangibles have been assigned to Agent or that Agent has a security interest therein, or (b) collect Borrower’s the Accounts, chattel paper, or General Intangibles directly and charge the collection costs and expenses to the Loan Account. Each Borrower agrees that it will hold in trust for the Lender Group, as the Lender Group’s trustee, Collections of any of its or its Subsidiaries’ Collections Borrower that it such Borrower receives and immediately will deliver such said Collections to Agent or a Cash Management Bank in their original form as received by Borrower or its Subsidiariesthe applicable Borrower.
Appears in 2 contracts
Samples: Term Loan and Security Agreement (Cellstar Corp), Loan and Security Agreement (Cellstar Corp)
Collection of Accounts, General Intangibles and Negotiable Collateral. At any time after the occurrence and during the continuation of an Event of Default, Agent or Agent’s designee may (a) notify Account Debtors of Borrower the Obligors that Borrower’s the Obligors’ Accounts, chattel paper, or General Intangibles have been assigned to Agent or that Agent has a security interest therein, or (b) collect Borrower’s the Obligors’ Accounts, chattel paper, or General Intangibles directly and charge the collection costs and expenses to the Loan Account. Borrower Each Obligor agrees that it will hold in trust for the Lender Group, as the Lender Group’s trustee, any of its or its Subsidiaries’ Collections that it receives and immediately will deliver deliver, to the extent required pursuant to Section 2.7, such Collections to Agent or a Cash Management Bank in their original form as received by Borrower such Obligor or its Subsidiaries.
Appears in 2 contracts
Samples: Loan and Security Agreement (SMART Modular Technologies (DE), Inc.), Loan and Security Agreement (SMART Modular Technologies (WWH), Inc.)
Collection of Accounts, General Intangibles and Negotiable Collateral. At any time after the occurrence and during the continuation of an Event of Default, Agent or Agent’s designee may (a) notify Account Debtors of Borrower Borrowers that Borrower’s Borrowers’ Accounts, chattel paper, or General Intangibles have been assigned to Agent or that Agent has a security interest therein, or (b) collect Borrower’s Borrowers’ Accounts, chattel paper, or General Intangibles directly and charge the collection costs and expenses to the Loan Account. Each Borrower agrees that it will hold in trust for the Lender Group, as the Lender Group’s trustee, any of its or its Subsidiaries’ Collections that it receives and immediately will deliver such Collections to Agent or a Cash Management Bank in their original form as received by such Borrower or its Subsidiaries.
Appears in 2 contracts
Samples: Loan and Security Agreement (Evergreen Holdings Inc), Loan and Security Agreement (Trust Created February 25 1986)
Collection of Accounts, General Intangibles and Negotiable Collateral. At any time after the occurrence and during the continuation of an Event of DefaultDefault and after acceleration, Agent Lender or Agent’s Lender's designee may (a) notify Account Debtors of Borrower that Borrower’s the Accounts, chattel paper, paper or General Intangibles have been assigned to Agent Lender or that Agent Lender has a security interest therein, or (b) collect Borrower’s the Accounts, chattel paper, or General Intangibles directly and charge the collection costs and expenses to the Loan Account. Then in such event, Borrower agrees that it will hold in trust for the Lender GroupLender, as the Lender Group’s Lender's trustee, any of its or its Subsidiaries’ Collections that it receives and immediately will deliver such said Collections to Agent or a Cash Management Bank Lender in their original form as received by Borrower or its SubsidiariesBorrower.
Appears in 1 contract
Samples: Loan and Security Agreement (New World Restaurant Group Inc)
Collection of Accounts, General Intangibles and Negotiable Collateral. At any time after the occurrence and during the continuation of an Event of Default, Agent or Agent’s 's designee may (a) notify Account Debtors of Borrower Borrowers that Borrower’s the Borrowers' Accounts, chattel paper, or General Intangibles have been assigned to Agent or that Agent has a security interest therein, or (b) collect Borrower’s the Borrowers' Accounts, chattel paper, or General Intangibles directly and charge the collection costs and expenses to the Loan Account. Each Borrower agrees that it will hold in trust for the Lender Group, as the Lender Group’s 's trustee, any of its or its Subsidiaries’ ' Collections that it receives and immediately will deliver such Collections to Agent or a Cash Management Bank in their original form as received by such Borrower or its Subsidiaries.
Appears in 1 contract
Samples: Loan and Security Agreement (Aegis Communications Group Inc)
Collection of Accounts, General Intangibles and Negotiable Collateral. At any time after the occurrence and during the continuation of an Event of Default, Agent or Agent’s 's designee may (a) notify Account Debtors of Borrower the Loan Parties that Borrower’s the Accounts, chattel paper, or General Intangibles constituting Collateral have been assigned to Agent or that Agent has a security interest therein, or (b) collect Borrower’s the Accounts, chattel paper, or General Intangibles constituting Collateral directly and charge the collection costs and expenses to the Loan Account. Borrower Each Loan Parties agrees that it will hold in trust for the Lender Group, as the Lender Group’s 's trustee, any of its or its Subsidiaries’ Collections that it receives and immediately will deliver such said Collections to Agent or a Cash Management Bank in their original form as received by Borrower or its Subsidiariesthe applicable Loan Party.
Appears in 1 contract
Collection of Accounts, General Intangibles and Negotiable Collateral. At Subject to any notice requirements contained in the Orders, at any time after the occurrence and during the continuation of an Event of Default, Default Agent or Agent’s designee may (a) notify Account Debtors of Borrower Borrowers that Borrower’s the Accounts, chattel paper, or General Intangibles have been assigned to Agent or that Agent has a security interest therein, or (b) collect Borrower’s the Accounts, chattel paper, or General Intangibles directly and charge the collection costs and expenses to the Loan Account. Each Borrower agrees that it will hold in trust for the Lender Group, as the Lender Group’s trustee, any of its or its Subsidiaries’ Collections that it receives and immediately will deliver such said Collections to Agent or a Cash Management Bank in their original form as received by Borrower or its Subsidiariesthe applicable Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Ultimate Electronics Inc)
Collection of Accounts, General Intangibles and Negotiable Collateral. At any time after the occurrence and during the continuation of an Event of Default, Agent or Agent’s 's designee may (a) notify Account Debtors of Borrower that Borrower’s 's Accounts, chattel paper, or General Intangibles have been assigned to Agent or that Agent has a security interest therein, or (b) collect Borrower’s 's Accounts, chattel paper, or General Intangibles directly and charge the collection costs and expenses to the Loan Account. Borrower agrees that it will hold in trust for the Lender Group, as the Lender Group’s 's trustee, and for Post and the lenders under the Post Loan Documents, as their trustee, any of its or its Subsidiaries’ ' Collections that it receives and immediately will deliver such Collections to Agent or a Cash Management Bank in their original form as received by Borrower or its Subsidiaries.
Appears in 1 contract
Samples: Loan and Security Agreement (Hudson Respiratory Care Inc)
Collection of Accounts, General Intangibles and Negotiable Collateral. At any time after the occurrence and during the continuation of an Event of Default, Agent or Agent’s designee may (a) notify Account Debtors of Borrower Borrowers that Borrower’s the Borrowers’ Accounts, chattel paper, or General Intangibles have been assigned to Agent or that Agent has a security interest therein, or (b) collect Borrower’s the Borrowers’ Accounts, chattel paper, or General Intangibles directly and charge the collection costs and expenses to the Loan Account. Each Borrower agrees that it will hold in trust for the Lender Group, as the Lender Group’s trustee, any of its or its Subsidiaries’ Collections that it receives and immediately will deliver such Collections to Agent or a Cash Management Bank in their original form as received by such Borrower or its Subsidiaries.
Appears in 1 contract
Collection of Accounts, General Intangibles and Negotiable Collateral. At any time after the occurrence and during the continuation of an Event of Default, Agent or Agent’s 's designee may (a) notify Account Debtors of Borrower that Borrower’s 's Accounts, chattel paper, or General Intangibles have been assigned to Agent or that Agent has a security interest therein, or (b) collect Borrower’s 's Accounts, chattel paper, or General Intangibles directly and charge the collection costs and expenses to the Loan Account. Borrower agrees that it will hold in trust for the Lender Group, as the Lender Group’s 's trustee, any of its or its Subsidiaries’ ' Collections that it receives and immediately will deliver such Collections to Agent or a Cash Management Bank in their original form as received by Borrower or its Subsidiaries.
Appears in 1 contract
Collection of Accounts, General Intangibles and Negotiable Collateral. At any time after the occurrence and during the continuation of an Event of Default, Agent or Agent’s designee may (a) notify Account Debtors of Borrower that Borrower’s Accounts, chattel paperChattel Paper, or General Intangibles have been assigned to Agent or that Agent has a security interest therein, or (b) collect Borrower’s Accounts, chattel paperChattel Paper, or General Intangibles directly and charge the collection costs and expenses to balances and deposits of Borrower held by the Loan AccountSecured Parties (including any amounts received in the Cash Management Accounts). Borrower agrees that it will hold in trust for the Lender GroupSecured Parties, as the Lender Group’s Secured Parties’ trustee, any of its or its Subsidiaries’ Collections that it receives and immediately will deliver such Collections to Agent or a Cash Management Bank in their original form as received by Borrower or its Subsidiaries.
Appears in 1 contract
Collection of Accounts, General Intangibles and Negotiable Collateral. At any time after the occurrence and during the continuation of an Event of Default, Collateral Agent or Collateral Agent’s designee may (a) notify Account Debtors of Borrower that Borrower’s the Accounts, chattel paper, or General Intangibles have been assigned to Collateral Agent or that Collateral Agent has a security interest therein, or (b) collect Borrower’s the Accounts, chattel paper, or General Intangibles directly and charge the collection costs and expenses to the Loan Account. Borrower agrees that it will hold in trust for the Lender Group, as the Lender Group’s trustee, any Collections on account of its or its Subsidiaries’ Collections Borrower Collateral that it receives and immediately will deliver such said Collections to Collateral Agent or a Cash Management Bank in their original form as received by Borrower or its SubsidiariesBorrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Northland Cranberries Inc /Wi/)
Collection of Accounts, General Intangibles and Negotiable Collateral. At any time after the occurrence and during the continuation of an Event of Default, Agent or Agent’s designee may (a) notify Account Debtors of Borrower that Borrower’s Accounts, chattel paper, or General Intangibles have been assigned to Agent or that Agent has a security interest therein, or (b) collect Borrower’s Accounts, chattel paper, or General Intangibles directly and charge the collection costs and expenses to the Loan Account. Borrower agrees that it will hold in trust for the Lender Group, as the Lender Group’s trustee, any of its or its Subsidiaries’ Collections that it receives and immediately will deliver such Collections to Agent or a Cash Management Bank in their original form as received by Borrower or its SubsidiariesBorrower.
Appears in 1 contract
Collection of Accounts, General Intangibles and Negotiable Collateral. At any time after the occurrence and during the continuation continuance of an Event of Default, Agent or Agent’s its designee may (a) notify customers or Account Debtors of each Borrower that Borrower’s the Accounts, chattel paperGeneral Intangibles, or General Intangibles Negotiable Collateral have been assigned to Agent or that Agent for the benefit of the Lender Group has a security interest therein, or and (b) collect Borrower’s the Accounts, chattel paperGeneral Intangibles, or General Intangibles and Negotiable Collateral directly and charge the collection costs and expenses to the Loan Account. Each Borrower agrees that it will hold in trust for the Lender Group, as the Lender Group’s Agent's trustee, any of its or its Subsidiaries’ Collections that it receives and immediately will deliver such said Collections to Agent or a Cash Management Bank in their original form as received by Borrower or its Subsidiariessuch Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (General Datacomm Industries Inc)
Collection of Accounts, General Intangibles and Negotiable Collateral. At any time after the occurrence and during the continuation of an Event of Default, Agent or Agent’s 's designee may (a) notify Account Debtors of Borrower Borrowers that Borrower’s the Accounts, chattel paper, or General Intangibles have been assigned to Agent or that Agent has a security interest therein, or (b) collect Borrower’s the Accounts, chattel paper, or General Intangibles directly and charge the collection costs and expenses to the Loan Account. Each Borrower agrees that it will hold in trust for the Lender Group, as the Lender Group’s 's trustee, Collections of any of its or its Subsidiaries’ Collections Borrower that it such Borrower receives and immediately will deliver such said Collections to Agent or a Cash Management Bank in their original form as received by Borrower or its Subsidiariesthe applicable Borrower.
Appears in 1 contract
Collection of Accounts, General Intangibles and Negotiable Collateral. At any time after the occurrence and during the continuation of an Event of Default, Agent or Agent’s 's designee may (a) notify Account Debtors of Borrower Borrowers and Guarantors that Borrower’s the Accounts, chattel paper, or General Intangibles have been assigned to Agent or that Agent has a security interest therein, or (b) collect Borrower’s the Accounts, chattel paper, or General Intangibles directly and charge the collection costs and expenses to the Loan Account. Each Borrower and Guarantor agrees that it will hold in trust for the Lender Group, as the Lender Group’s 's trustee, any of its or its Subsidiaries’ Collections that it receives and immediately will deliver such said Collections to Agent or a Cash Management Bank in their original form as received by the applicable Borrower or its SubsidiariesGuarantor.
Appears in 1 contract
Samples: Loan and Security Agreement (Riviera Holdings Corp)
Collection of Accounts, General Intangibles and Negotiable Collateral. At Subject to the DIP Orders, at any time after the occurrence and during the continuation of an Event of Default, Agent or Agent’s designee may (a) notify Account Debtors of Borrower that BorrowerXxxxxxxx’s Accounts, chattel paper, or General Intangibles have been assigned to Agent or that Agent has a security interest therein, or (b) collect Borrower’s Accounts, chattel paper, or General Intangibles directly and charge the collection costs and expenses to the Loan Account. Borrower Xxxxxxxx agrees that it will hold in trust for the Lender Group, as the Lender Group’s trustee, any of its or its Subsidiaries’ Collections that it receives and immediately will deliver such Collections to Agent or a Cash Management Bank in their original form as received by Borrower or its Subsidiaries.
Appears in 1 contract
Samples: Debt and Security Agreement
Collection of Accounts, General Intangibles and Negotiable Collateral. At any time after the occurrence and during the continuation of an Event of Default, Agent or Agent’s designee may (a) notify Account Debtors of Borrower that Borrower’s Accounts, chattel paper, or General Intangibles have been assigned to Agent or that Agent has a security interest therein, or (b) collect Borrower’s Accounts, chattel paper, or General Intangibles directly and charge the actual out of pocket collection costs and expenses to the Loan Account. Borrower agrees that it will hold in trust for the Lender Group, as the Lender Group’s trustee, any of its or its Subsidiaries’ Collections that it receives and immediately promptly will deliver such Collections to Agent or a Cash Management Bank in their original form as received by Borrower Parent or its Subsidiaries.
Appears in 1 contract
Collection of Accounts, General Intangibles and Negotiable Collateral. At any time after the occurrence and during the continuation of an Event of Default, Agent or Agent’s 's designee may (a) notify Account Debtors of Borrower Borrowers that Borrower’s the Borrowers' Accounts, chattel paper, or General Intangibles have been assigned to Agent or that Agent has a security interest therein, or (b) collect Borrower’s the Borrowers' Accounts, chattel paper, or General Intangibles directly and charge the collection costs and expenses to the Loan Account. Each Borrower agrees that it will hold in trust for the Lender Group, as the Lender Group’s 's trustee, any of its or its Subsidiaries’ any Guarantor's Collections that it receives and immediately will deliver such Collections to Agent or a Cash Management Bank in their original form as received by such Borrower or its Subsidiariesthe Guarantors.
Appears in 1 contract
Samples: Loan and Security Agreement (Phibro Animal Health Corp)
Collection of Accounts, General Intangibles and Negotiable Collateral. At any time after the occurrence and during the continuation of an Event of Default, Agent or Agent’s designee may (a) notify Account Debtors of Borrower that Borrower’s Accounts, chattel paper, or General Intangibles have been assigned to Agent or that Agent has a security interest therein, or (b) collect Borrower’s Accounts, chattel paper, or General Intangibles directly and charge the collection costs and expenses to the Loan Account. Borrower agrees that it will hold in trust for the Lender Group, as the Lender Group’s trustee, any of its or its Subsidiaries’ 137020431v13 Collections that it receives and immediately will deliver such Collections to Agent or a Cash Management Bank in their original form as received by Borrower or its Subsidiaries.
Appears in 1 contract