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

Collection of Accounts, Proceeds of Collateral. To expedite collection, Borrower shall endeavor in the first instance to make collection of its Accounts for Lender. All remittances received by Borrower on account of Accounts, together with the proceeds of any other Collateral, shall be held as Lender's property by Borrower as trustee of an express trust for Lender's benefit, and Borrower shall immediately deposit same in kind in the Dominion Account, except as otherwise permitted in this Agreement. Lender retains the right at all times after the occurrence of a Default or an Event of Default to notify Account Debtors that Accounts have been assigned to Lender and to collect Accounts directly in its own name and to charge the collection costs and expenses, including reasonable attorneys' fees to Borrower. Lender has no duty to protect, insure, collect or realize upon the Accounts or preserve rights therein.

Appears in 2 contracts

Samples: Loan and Security Agreement (Eagle Supply Group Inc), Loan and Security Agreement (Eagle Supply Group Inc)

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Collection of Accounts, Proceeds of Collateral. To expedite collection, Borrower Borrowers shall endeavor in the first instance to make collection of its their Accounts for LenderAgent. All remittances received by Borrower Borrowers on account of Accounts, together with the proceeds of any other Collateral, shall be held as Lender's Agent’s property for the benefit of Lenders, by Borrower Borrowers as trustee trustee, of an express trust for Lender's Agent’s benefit, and Borrower Borrowers shall immediately deposit same in kind in the Dominion Account, except as otherwise permitted in this Agreement. Lender Agent retains the right at all times after the occurrence of a Default or an Event of Default to notify Account Debtors that Accounts have been assigned to Lender Agent and to collect Accounts directly in its own name and to charge the collection costs and expenses, including reasonable attorneys' fees to BorrowerBorrowers. Lender Agent has no duty to protect, insure, collect or realize upon the Accounts or preserve rights therein.

Appears in 1 contract

Samples: Loan and Security Agreement (Gulfside Supply, Inc.)

Collection of Accounts, Proceeds of Collateral. To expedite collection, Borrower Borrowers shall endeavor in the first instance to make collection of its their Accounts for LenderAgent. All remittances received by Borrower Borrowers on account of Accounts, together with the proceeds of any other Collateral, shall be held as LenderAgent's property for the benefit of Lenders, by Borrower Borrowers as trustee trustee, of an express trust for LenderAgent's benefit, and Borrower Borrowers shall immediately deposit same in kind in the Dominion Account, except as otherwise permitted in this Agreement. Lender Agent retains the right at all times after the occurrence of a Default or an Event of Default to notify Account Debtors that Accounts have been assigned to Lender Agent and to collect Accounts directly in its own name and to charge the collection costs and expenses, including reasonable attorneys' fees to BorrowerBorrowers. Lender Agent has no duty to protect, insure, collect or realize upon the Accounts or preserve rights therein.

Appears in 1 contract

Samples: Loan and Security Agreement (Eagle Supply Group Inc)

Collection of Accounts, Proceeds of Collateral. To expedite collection, Borrower Borrowers shall endeavor in the first instance to make collection of its their Accounts for Lender. All remittances received by Borrower Borrowers on account of Accounts, together with the proceeds of any other Collateral, shall be held as Lender's property 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, except as otherwise permitted in this Agreement. Lender retains the right at all times after the occurrence of a Default or an Event of Default to notify Account Debtors that Accounts have been assigned to Lender and to collect Accounts directly in its own name and to charge the collection costs and expenses, including reasonable attorneys' fees to BorrowerBorrowers. Lender has no duty to protect, insure, collect or realize upon the Accounts or preserve rights therein.

Appears in 1 contract

Samples: Loan and Security Agreement (Eagle Supply Group Inc)

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Collection of Accounts, Proceeds of Collateral. To expedite collection, Borrower shall endeavor in the first instance to make collection of its Accounts for Accounts. If an Event of Default is outstanding, at the request of Lender. All , all remittances received by Borrower on account of Accounts, together with the proceeds of any other Collateral, shall be held as Lender's property by Borrower as trustee of an express trust for Lender's benefit, benefit and Borrower shall immediately deposit remit the same in kind in the Dominion Account, except as otherwise permitted in this Agreementto Lender or to a depository account designated by Lender. Lender retains the right at all times after the occurrence of a Default or an Event of Default to notify Account Debtors that Accounts have been assigned to Lender and to collect Accounts directly in its own name and to charge the collection costs and expenses, including reasonable attorneys' fees to Borrower. Lender has no duty to protect, insure, collect or realize upon the Accounts or preserve rights therein.

Appears in 1 contract

Samples: Loan and Security Agreement (Electronics Boutique Holdings Corp)

Collection of Accounts, Proceeds of Collateral. To expedite collection, Borrower shall endeavor in the first instance to make collection of its Accounts for LenderAccounts. All If an Event of Default is outstanding, or if Aggregate Adjusted Availability is at any time less than $5,000,000, all remittances received by any Borrower on account of Accounts, together with the proceeds of any other Collateral, shall be held as Lender's property by such Borrower as trustee of an express trust for Lender's benefit, benefit and such Borrower shall immediately deposit remit the same in kind in the Dominion Account, except as otherwise permitted in this Agreementto Lender or to a depository account designated by Lender. Lender retains the right at all times after the occurrence of a Default or an Event of Default to notify Account Debtors that Accounts have been assigned to Lender and to collect Accounts directly in its own name and to charge the collection costs and expenses, including reasonable attorneys' fees to BorrowerBorrowers. Lender has no duty to protect, insure, collect or realize upon the Accounts or preserve rights therein.

Appears in 1 contract

Samples: Loan and Security Agreement (Mothers Work Inc)

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