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

Collection of Accounts, Proceeds of Collateral. To expedite collection, Borrowers shall endeavor in the first instance to make collection of their Accounts for Agent and Lenders. All remittances received by Borrowers on account of Accounts, together with the proceeds of any other Collateral, shall be held as Agent's property by Borrowers as trustee of an express trust for Agent's benefit and Borrowers shall immediately deposit same in kind in the Borrowers' cash management system or Dominion Account, as the case may be. 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 Agent for the account of each Lender and to collect Accounts directly, and to charge the collection costs and expenses, including attorneys' fees, to Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (United Natural Foods Inc)

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Collection of Accounts, Proceeds of Collateral. To expedite collection, Borrowers shall endeavor in the first instance to make collection of their Accounts for Agent and LendersAgent. All remittances received by Borrowers on account of Accounts, together with the proceeds of any other Collateral, shall be held as Agent's property for the benefit of Lenders, by Borrowers as trustee trustee, of an express trust for Agent's benefit benefit, and Borrowers shall immediately deposit same in kind in the Borrowers' cash management system or Dominion Account, except as the case may beotherwise permitted in this Agreement. 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 Agent for the account of each Lender and to collect Accounts directly, directly in its own name and to charge the collection costs and expenses, including reasonable attorneys' fees, fees to Borrowers. 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, Borrowers each Borrower shall endeavor in the first instance to make collection of their its Accounts for Agent and LendersAgent. All remittances received by Borrowers on account of Accounts, together with the proceeds of any other Collateral, shall be held as Agent's property ’s property, for its benefit and the benefit of Lenders, by Borrowers as trustee of an express trust for Agent's ’s benefit and Borrowers shall immediately on a daily basis deposit same in kind in the Borrowers' cash management system lockboxes or Dominion a Blocked Account, as the case may be. Agent retains the right at all times after the occurrence and during the continuance of a Default or an Event of Default to notify Account Debtors that Borrowers’ Accounts have been assigned to Agent for the account of each Lender and to collect Borrowers’ Accounts directly, directly in its own name and to charge the collection costs and expenses, including attorneys' fees, to Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Restoration Hardware Inc)

Collection of Accounts, Proceeds of Collateral. To expedite collection, Borrowers shall endeavor in the first instance to make collection of their Accounts for Agent and LendersAgent. All remittances received by Borrowers on account of Accounts, together with the proceeds of any other Collateral, shall be held as Agent's ’s property for the benefit of Lenders, by Borrowers as trustee trustee, of an express trust for Agent's benefit ’s benefit, and Borrowers shall immediately deposit same in kind in the Borrowers' cash management system or Dominion Account, except as the case may beotherwise permitted in this Agreement. 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 Agent for the account of each Lender and to collect Accounts directly, directly in its own name and to charge the collection costs and expenses, including reasonable attorneys' fees, ’ fees to Borrowers. 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, Borrowers each Borrower shall endeavor in the first instance to make collection of their its Accounts for Agent and LendersAgent. All remittances received by Borrowers on account of Accounts, together with the proceeds of any other Collateral, shall be held as Agent's property property, for its benefit and the benefit of Lenders, by Borrowers as trustee of an express trust for Agent's benefit and Borrowers shall immediately on a daily basis deposit same in kind in the Borrowers' cash management system lockboxes or a Dominion Account, as the case may be. Agent retains the right at all times after the occurrence and during the continuance of a Default or an Event of Default to notify Account Debtors that Borrowers' Accounts have been assigned to Agent for the account of each Lender and to collect Borrowers' Accounts directly, directly in its own name and to charge the collection costs and expenses, including attorneys' fees, to Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Restoration Hardware Inc)

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Collection of Accounts, Proceeds of Collateral. To expedite ---------------------------------------------- collection, Borrowers Borrower shall endeavor in the first instance to make collection of their Accounts for Agent and LendersAgent. All remittances received by Borrowers Borrower on account of Accounts, together with the proceeds of any other Collateral, shall be held as Agent's property property, for its benefit and the benefit of Lenders, by Borrowers Borrower as trustee of an express trust for Agent's benefit and Borrowers Borrower shall immediately deposit same in kind in the Borrowers' cash management system or Dominion Account, as the case may be. Agent retains the right at all times after the occurrence and during the continuance of a Default or an Event of Default to notify Account Debtors that Accounts have been assigned to Agent for the account of each Lender and to collect Accounts directly, directly in its own name and to charge the collection costs and expenses, including reasonable attorneys' fees, to BorrowersBorrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Borden Chemicals & Plastics Limited Partnership /De/)

Collection of Accounts, Proceeds of Collateral. To expedite collection, Borrowers Borrower shall endeavor in the first instance to make collection of their its Accounts for Agent and LendersLender, directing all such payment to a lockbox established pursuant to subsection 6.2.5. All remittances received by Borrowers Borrower on account of Accounts, together with the proceeds of any other Collateral, shall be held as AgentLender's property by Borrowers Borrower as trustee of an express trust for AgentLender's benefit and Borrowers Borrower shall immediately deposit same in kind in the Borrowers' cash management system or Dominion Account, as the case may be. Agent 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 Agent for the account of each Lender and to collect Accounts directlydirectly in its own name, or in the name of Lender's agent, and to charge the collection costs and expenses, including attorneys' fees, fees to BorrowersBorrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Emtec Inc/Nj)

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