Common use of Collection of Receivables; Rights of Buyer and Its Assignees Clause in Contracts

Collection of Receivables; Rights of Buyer and Its Assignees. (a) Each Seller hereby transfers to the Trustee (as transferee of Buyer's interest in the Specified Assets) the ownership of, and the exclusive dominion and control over, each of the Bank Accounts and all related lockboxes owned by such Seller, and such Seller hereby agrees to take any further action that Buyer or the Trustee may reasonably request in order to effect or complete the transfer. Each Seller further agrees to use best efforts to prevent funds other than proceeds of the Specified Assets from being deposited in any Bank Account. (b) Buyer may, at any time after an Early Amortization Event or Servicer Default, direct the Obligors of Receivables, or any of them, to pay all amounts payable under any Transferred Asset directly to the Trustee or its designees. Furthermore, each Seller shall, at the request of Buyer and at such Seller's expense, promptly give notice of the Trust's interest in the Receivables of the Obligor and the Related Assets to each such Obligor and direct that payments be made directly to the Trustee or its designee, which notice shall be acceptable in form and substance to Buyer. In addition, each Seller hereby authorizes Buyer to take any and all steps in such Seller's name and on its behalf that are necessary or desirable, in the reasonable determination of Buyer, to collect all amounts due under any and all Specified Assets, including endorsing such Seller's name on checks and other instruments representing Collections and enforcing the Specified Assets and the Contracts related to the Receivables. The Trustee may exercise any of the foregoing rights in the place of Buyer (as assignee or otherwise) at any time following the designation of a Servicer other than the Initial Servicer pursuant to Section 10.2 of the Pooling Agreement. (c) At any time when (i) an Early Amortization Event shall have occurred and remain continuing or (ii) a Servicer other than the Initial Servicer has been designated pursuant to Section 10.2 of the Pooling Agreement, each Seller shall, at Buyer's request, assemble all of the Records that evidence the Receivables and Related Assets originated by such Seller, or that are otherwise necessary or desirable to collect the Receivables or Related Assets, and make the same available to Buyer or the Trustee at a place selected by the Trustee or its designee.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (International Comfort Products Corp), Receivables Purchase Agreement (International Comfort Products Corp)

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Collection of Receivables; Rights of Buyer and Its Assignees. (a) Each Seller hereby transfers to the Trustee (as transferee of Buyer's interest in the Specified Assets) the ownership of, and the exclusive dominion and control over, each of the Bank Accounts and all related lockboxes owned by such Seller, and such Seller hereby agrees to take any further action that Buyer or the Trustee may reasonably request in order to effect or complete the transfer. Each Seller further agrees to use best reasonable efforts to prevent funds other than proceeds of the Specified Assets from being deposited in any Bank Account. (b) Buyer may, at any time after an Early Amortization Event of Default or Servicer Default, direct the Obligors of Receivables, or any of them, to pay all amounts payable under any Transferred Asset directly to the Trustee or its designees. Furthermore, each Seller shall, at the request of Buyer and at such Seller's expense, promptly give notice of the TrustTrustee's security interest in the Receivables of the Obligor and the Related Assets to each such Obligor and direct that payments be made directly to the Trustee or its designee, which notice shall be acceptable in form and substance to Buyer. In addition, each Seller hereby authorizes Buyer to take any and all steps in such Seller's name and on its behalf that are necessary or desirable, in the reasonable determination of Buyer, to collect all amounts due under any and all Specified Assets, including endorsing such Seller's name on checks and other instruments representing Collections and enforcing the Specified Assets and the Contracts related to the Receivables. The Trustee may exercise any of the foregoing rights in the place of Buyer (as assignee or otherwise) at any time following the designation of a Servicer other than the Initial Servicer Xxxxxx pursuant to Section 10.2 of the Pooling AgreementIndenture. (c) At any time when (i) an Early Amortization Event of Default shall have occurred and remain continuing or (ii) a Servicer other than the Initial Servicer Xxxxxx has been designated pursuant to Section 10.2 of the Pooling AgreementIndenture, each Seller shall, at Buyer's request, assemble all of the Records that evidence the Receivables and Related Assets originated by such SellerSeller and the Contracts related to the Receivables, or that are otherwise necessary or desirable to collect the Receivables or Related Assets, and make the same available to Buyer or the Trustee at a place selected by the Trustee or its designee.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Vertis Inc)

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Collection of Receivables; Rights of Buyer and Its Assignees. (a) Each Seller hereby transfers to the Trustee (as transferee of Buyer's interest in the Specified Assets) the ownership of, and the exclusive dominion and control over, each of the Bank Accounts and all related lockboxes owned by such Seller, and such Seller hereby agrees to take any further action that Buyer or the Trustee may reasonably request in order to effect or complete the transfer. Each Seller further agrees to use best reasonable efforts to prevent funds other than proceeds of the Specified Assets from being deposited in any Bank Account. (b) Buyer may, at any time after an Early Amortization Event or Servicer Default, direct the Obligors of Receivables, or any of them, to pay all amounts payable under any Transferred Asset directly to the Trustee or its designees. Furthermore, each Seller shall, at the request of Buyer and at such Seller's expense, promptly give notice of the Trust's interest in the Receivables of the Obligor and the Related Assets to each such Obligor and direct that payments be made directly to the Trustee or its designee, which notice shall be acceptable in form and substance to Buyer. In addition, each Seller hereby authorizes Buyer to take any and all steps in such Seller's name and on its behalf that are necessary or desirable, in the reasonable determination of Buyer, to collect all amounts due under any and all Specified Assets, including endorsing such Seller's name on checks and other instruments representing Collections and enforcing the Specified Assets and the Contracts related to the Receivables. The Trustee may exercise any of the foregoing rights in the place of Buyer (as assignee or otherwise) at any time following the designation of a Servicer other than the Initial Servicer Big Flower pursuant to Section 10.2 of the Pooling Agreement. (c) At any time when (i) an Early Amortization Event shall have occurred and remain continuing or (ii) a Servicer other than the Initial Servicer Big Flower has been designated pursuant to Section 10.2 of the Pooling Agreement, each Seller shall, at Buyer's request, assemble all of the Records that evidence the Receivables and Related Assets originated by such SellerSeller and the Contracts related to the Receivables, or that are otherwise necessary or desirable to collect the Receivables or Related Assets, and make the same available to Buyer or the Trustee at a place selected by the Trustee or its designee.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Big Flower Press Holdings Inc)

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