Common use of Collection of Collateral Payments Clause in Contracts

Collection of Collateral Payments. (a) Company shall, at its sole cost and expense, use commercially reasonable best efforts to obtain payment, when due and payable, of all sums due or to become due with respect to any Collateral ("Collateral Payments" or a "Collateral Payment"), including, without limitation, the taking of such action with respect thereto as the Lender may reasonably request, or, in the absence of such request, as Company may reasonably deem advisable; provided, however, that Company shall not, without the prior written consent of the Lender, grant or agree to any rebate, refund, compromise or extension with respect to any Collateral Payment or accept any prepayment on account thereof other than in the ordinary course of Company's business. Upon the request of the Lender made at any time following the occurrence and during the continuance of an Event of Default, Company will notify and direct any party who is or might become obligated to make any Collateral Payment, to make payment thereof to such accounts as the Lender may direct in writing and to execute all instruments and take all action required by the Lender to ensure the rights of the Lender in any Collateral subject to the Federal Assignment of Claims Act of 1940, as amended.

Appears in 2 contracts

Samples: Security Agreement (Diedrich Coffee Inc), Security Agreement (Diedrich Coffee Inc)

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Collection of Collateral Payments. (a) Company Borrower shall, at its sole cost and expense, use commercially reasonable best efforts endeavor to obtain payment, when due and payable, of all sums due or to become due with respect to any Collateral ("Collateral Payments" or a "Collateral Payment"), including, without limitation, the taking of such action with respect thereto as the Agent or any Lender may reasonably request, or, in the absence of such request, as Company Borrower may reasonably deem advisable; provided, however, that Company Borrower shall not, without the prior written consent of the LenderAgent and the Lenders, grant or agree to any rebate, refund, compromise or extension with respect to any Collateral Payment or accept any prepayment on account thereof other than in the ordinary course of CompanyBorrower's business. Upon the request of the Lender made Agent at any time following the occurrence and during direction of all the continuance of an Event of DefaultLenders, Company Borrower will notify and direct any party who is or might become obligated to make any Collateral Payment, to make payment thereof to such accounts as the Lender Agent may direct in writing and to execute all instruments and take all action required by the Lender Agent to ensure the rights of the Lender Agent for the benefit of the Lenders in any Collateral subject to the Federal Assignment of Claims Act of 1940, as amended.

Appears in 1 contract

Samples: Borrower Security Agreement (Qad Inc)

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Collection of Collateral Payments. (a) The Company shall, at its sole cost and expense, use commercially reasonable best efforts endeavor to obtain payment, when due and payable, of all sums due or to become due with respect to any Collateral ("Collateral Payments" or a "Collateral Payment"), including, without limitation, the taking of such action with respect thereto as the Agent or any Lender may reasonably request, or, in the absence of such request, as the Company may reasonably deem advisable; provided, however, that the Company shall not, without the prior written consent of the LenderLenders, grant or agree to any rebate, refund, compromise or extension with respect to any Collateral Payment or accept any prepayment on account thereof other than except in the ordinary course of Company's business. Upon the request of the Lender made at any time following Following the occurrence and during the continuance of an Event of Default, upon the request of the Agent, the Company will notify and direct any party who is or might become obligated to make any Collateral Payment, to make payment thereof directly to the Agent to such account or accounts as the Lender Agent may direct designate in writing and to execute all instruments and take all action required by the Lender Agent to ensure the rights of the Lender Agent for the benefit of the Lenders in any Collateral subject to the Federal Assignment of Claims Act of 1940, as amendedCollateral.

Appears in 1 contract

Samples: Credit Agreement (Franchise Mortgage Acceptance Co)

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