Collections and Administration Sample Clauses

Collections and Administration. TEXTRON may, at any time, whether or not an Event of Default has occurred, without notice to or assent of Borrower, (i) notify any account debtor of the fact that the accounts and other Collateral have been assigned to TEXTRON by Borrower and that payment thereof is to be made to the order of and directly to TEXTRON, and (ii) after the occurrence of an Event of Default, or an event which, with the giving of notice, passage of time, or both, would become an Event of Default, demand, collect or enforce payment of any accounts or such other Collateral, but without any duty to do so, and TEXTRON shall not be liable for any failure to collect or enforce payment thereof. At TEXTRON's request, all invoices, or bills and statements sent to any account debtor, other obligor or bailee, shall state that the accounts and such Collateral shall have been assigned to TEXTRON and are payable directly and only to TEXTRON. TEXTRON shall have the right, at any time, in TEXTRON's name or in the name of a nominee of TEXTRON, to verify the validity, amount or any other matter relating to the accounts or the other Collateral, by mail, telephone or otherwise.
Sample 1Sample 2
AutoNDA by SimpleDocs
Collections and Administration. DLL may, at any time, after the occurrence and during the continuance of an Event of Default, either (i) notify any Account Debtor of the fact that the Receivables and other Collateral have been assigned to DLL by Borrower and of DLL’s security interest therein and that payment thereof is to be made to the order of and directly to DLL, and/or (ii) demand, collect or enforce payment of any Receivables or such other Collateral, but without any duty to do so, and DLL shall not be liable for any failure to collect or enforce payment thereof. At DLL's request, after the occurrence and during the continuance of an Event of Default, all invoices, or bills and statements sent to any Account Debtor, other obligor or bailee, shall state that the Receivables and such Collateral shall have been assigned to DLL and/or are payable directly and only to DLL (other than with respect to federal government Receivables unless the procedures under the federal Assignment of Claims Act to assign the Receivable to DLL have been followed). DLL may charge any and all reasonable and documented costs and expenses relating to the collection of Borrower’s Receivables to Borrower’s loan account. DLL shall have the right, at any time, whether or not an Event of Default has occurred, without notice to or assent of Borrower, in DLL's name, Borrower’s name or in the name of a nominee of DLL, to verify the validity, amount or any other matter relating to the Receivables or the other Collateral, by mail, telephone or otherwise (except that, notwithstanding anything to the contrary contained in the foregoing, unless an Event of Default has occurred and is continuing, DLL shall conduct all such verifications in the name of and/or on behalf of Borrower and not in DLL’s own name or the name of any nominee of DLL).
Sample 1
Collections and Administration. 57 10.1. Borrowers' Loan Accounts..............................................57 10.2. Statements............................................................57 10.3.
Sample 1
Collections and Administration. FINOVA may, (i) at any time, whether or not ------------------------------ an Event of Default has occurred, without notice to or assent of Borrower, notify any LEC of the fact that the Receivables and other Collateral have been assigned to FINOVA by Borrower and that payment thereof is to be made to the Blocked Account, and (ii) at any time after an Event of Default has occurred, without notice to or assent of Borrower, notify any other account debtor of the fact that the Receivables and other Collateral have been assigned to FINOVA by Borrower and that payment thereof is to be made to the order of FINOVA, and
Sample 1
Collections and Administration. (a) Borrower shall establish an account ("Blocked Account") in Lender's name for the benefit of Borrower with a financial institution acceptable to Lender, into which Borrower will immediately deposit all payments made for Inventory or services sold or rendered by Borrower and received by it in the identical form in which such payments were made, whether by cash or check. The contents of each Blocked Account constitute Collateral and proceeds of Collateral. If Borrower, any Affiliate or Subsidiary thereof, or any shareholder, officer, direc- --------------------------------------------- ROBEXXX, XXC. 1999 ANNUAL REPORT ON FORM 10-K Page 101 of 128 tor, employee or agent thereof or any Affiliate or Subsidiary, or any other Person acting for or in concert with Borrower shall receive any monies, checks, notes, drafts or other payments relating to or as proceeds of Accounts or other Collateral, Borrower and each such Person shall receive all such items in trust for, and as the sole and exclusive property of, Lender and, immediately upon receipt thereof, shall remit the same (or cause the same to be remitted) in kind to the Blocked Account. (b) Borrower shall deliver, or cause to be delivered by each of Borrower's credit card clearinghouses and processors, payment of all credit card charges submitted by Borrower to such clearinghouses or other processors and any other amounts payable to Borrower by such clearinghouses or other processors to the Blocked Account or as otherwise designated from time to time by Lender. Borrower shall not change such direction or designation except upon and with the prior written consent of the Lender. (c) Borrower shall cause the automated clearinghouse or wire transfer to the Blocked Account, no less frequently than daily of (i) the then contents of each DDA; provided, that each such transfer shall be net of any minimum balance, not to exceed $5,000, as may be required to be maintained in the subject DDA by the bank at which such DDA is maintained; and (ii) the proceeds of all credit card charges not otherwise provided for pursuant hereto. Telephone advice (confirmed by written notice) shall be provided to Lender on each Business Day on which any such transfer is made. (d) Each financial institution with which a Blocked Account is established shall acknowledge and agree, in a manner satisfactory to Lender, that the amounts on deposit in such Blocked Account are the sole and exclusive property of Lender, that such financial institu...
Sample 1
Collections and Administration. FINOVA may, after the date of the Initial Advance, whether or not an Event of Default has occurred, without notice to or assent of Borrower, (i) notify any account debtor of the fact that the Accounts and other Collateral have been assigned to FINOVA by Borrower and that payment thereof is to be made to the order of and directly to FINOVA, and after the occurrence of an Event of Default (ii) demand, collect or enforce payment of any Accounts or such other Collateral, but without any duty to do so, and FINOVA shall not be liable for any failure to collect or enforce payment thereof. After the date of the Initial Advance, at FINOVA's request, all invoices, or bills and statements sent to any account debtor, other obligor or bailee, shall state that the Accounts and such Collateral shall have been assigned to FINOVA and are payable directly and only to FINOVA. FINOVA shall have the right, after the date of the Initial Advance, in FINOVA's name or in the name of a nominee of the FINOVA, to verify the validity, amount or any other matter relating to the Accounts or the other Collateral, by mail, telephone or otherwise.
Sample 1

Related to Collections and Administration

  • COLLECTION AND ADMINISTRATION 42 5.1 Borrower's Loan Accounts ............................................................. 42 5.2 Statements ........................................................................... 42 5.3

  • Management and Administration 5.1 TxDOT Responsibility for Policy Decisions

  • Fund Administration ● Prepare annual and semi-annual financial statements ○ Utilizing templates for standard layout and printing ● Prepare Forms N-CEN, N-CSR and 24F-2 ● File Forms N-CEN and 24F-2 with the SEC ● Host annual audits ● Prepare required reports for quarterly Board meetings ● Monitor expense ratios ● Maintain budget vs. actual expenses ● Manage fund invoice approval and xxxx payment process ● Assist with placement of Fidelity Bond and E&O insurance ● Calculate monthly NAVs as required by the Trust and in conformance with generally accepted accounting principles (“GAAP”), SEC Regulation S-X (or any successor regulation) and the Internal Revenue Code ● Transmit net asset values to the advisor, NASDAQ, Transfer Agent & other third parties ● Reconcile cash & investment balances with the custodian ● Provide data and reports to support preparation of financial statements and filings ● Prepare required Fund Accounting records in accordance with the 1940 Act ● Obtain and apply security valuations as directed and determined by the Fund consistent with the Fund’s pricing and valuation policies ● Participate, when requested, in Fair Value Committee meetings as a non-voting member ● Calculate monthly SEC standardized total return performance figures ● Coordinate reporting to outside agencies including Morningstar, etc. ● Prepare and file Form N-PORT ● Coordinate annual update to prospectus and statement of additional information ● Coordinate standard layout and printing of prospectus ● Files Forms N-CSR and N-PX ● Coordinate EDGARization and filing of SEC documents ● Compile and distribute board materials (electronically) for quarterly board meetings ● Attend quarterly board meetings telephonically and prepare initial draft of meeting minutes ● Perform daily prospectus & SAI, SEC investment restriction monitoring ● Provide warning/Alert notification with supporting documentation ● Provide quarterly compliance testing certification to Board of Trustees ● Document Management/Sharing ● Initiate requests or provide feedback ● Retrieval of current and up to 15 months of historical reports ● Access to daily fund accounting data and static reports ● Portfolio compliance alerting with drill-down capability ● Portfolio data warehouse with reporting engine ● Investor data warehouse with ad hoc query builder ● Investor document image retrieval (i.e. correspondence, applications, checks) ● Trustee access that facilitates access to board materials and other relevant documents

  • General and Administrative Costs The Borrower shall ensure that the payment of all the general and administrative costs of the Borrower and the Owners in connection with the ownership and operation of the Ships (including, without limitation, the payment of the management fees pursuant to the Management Agreements) shall be fully subordinated to the payment obligations of the Borrower and the Owners under this Agreement and the other Finance Documents throughout the Security Period.

  • FUND ADMINISTRATION SERVICES BNY Mellon shall provide the following fund administration services for each Fund, Series and class:  Calculate Fund approved income and per share amounts required for periodic distributions to be made by the applicable Fund, Series or class;  Coordinate a Fund’s annual audit and respond timely and completely to related requests;  Cooperate with each Fund’s independent auditors;  Supply various normal and customary portfolio and Fund statistical data as requested on an ongoing basis; and  If the chief executive officer or chief financial officer of a Fund is required to provide a certification as part of the Fund’s Form N-Q or Form N-CSR filing pursuant to regulations promulgated by the SEC under Section 302 of the Xxxxxxxx-Xxxxx Act of 2002, provide a sub-certification in support of certain matters set forth in the aforementioned certification. Such sub-certification is to be in such form and relating to such matters as reasonably agreed to by BNY Mellon in advance. BNY Mellon shall be required to provide the sub-certification only during the term of this Agreement with respect to the applicable Fund or Series and only if it receives such cooperation as it may request to perform its investigations with respect to the sub-certification. For clarity, the sub-certification is not itself a certification under the Xxxxxxxx-Xxxxx Act of 2002 or under any other law, rule or regulation. BNY Mellon shall provide the following regulatory administration services for each Fund and Series:  Assist the Fund in responding to SEC examination requests by providing requested documents in the possession of BNY Mellon that are on the SEC examination request list and by making employees responsible for providing services available to regulatory authorities having jurisdiction over the performance of such services as may be required or reasonably requested by such regulatory authorities;  Assist with and/or coordinate such other filings, notices and regulatory matters and other due diligence requests or requests for proposal on such terms and conditions as BNY Mellon and the applicable Fund on behalf of itself and its Series may mutually agree upon in writing from time to time; and

  • General and Administrative 4.1 This Agreement shall be governed in all respects and aspects by the laws of the State of Texas, and the parties hereby agree any legal action concerning this Agreement shall be brought in a court of competent jurisdiction, in Lubbock County, Texas. If counsel is required to enforce terms of this Agreement and/ or corollary agreements, the prevailing party shall be entitled to recover reasonable attorney fees and costs. 4.2 If any provision of this Agreement, or its application to any person or circumstance, is invalid or unenforceable, the remainder of this Agreement or the application of those provisions to other persons or circumstances shall not be affected thereby. 4.3 This Agreement and the attachments hereto, contain the entire Agreement of the parties and there are no representatives, inducements, promises, agreements, arrangements, or undertakings, oral or written, between parties other than those set forth and duly executed in writing. No agreement of any kind shall be binding upon either party unless and until the same has been made in writing and duly executed by both parties. The Agreement shall not be modified or amended except by written agreement executed by both parties. 4.4 The parties have reviewed this Agreement in its entirety and acknowledge each has had a full opportunity to negotiate the Agreements terms. Therefore, the parties expressly waive any and all applicable common law and statutory rules of construction any provision of this Agreement should be construed against the Agreement’s drafter, and agree and affirm the Agreement and all provisions thereof shall in all cases be construed as a whole, according to the fair meaning of the language utilized. 4.5 Failure to insist upon strict compliance with any of the terms, covenants, and conditions hereof shall not be deemed a waiver of such terms, covenants, and conditions, nor shall any waiver or relinquishment of any right or power here under at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. No waiver shall be valid unless in writing and signed by all parties. 4.6 The captions of each section are added as a matter of convenience only and shall be considered of no effect in the construction of any provision of this Agreement. 4.7 This Agreement may be executed by facsimile or e-mail attachment and/ or in any number of counterparts, any or all of which may contain the signatures of less than all parties, and all of which shall be construed together as but a single instrument and shall be binding on the parties as though originally executed on one originally executed document. All facsimile and e-mail attachment counterparts shall be promptly followed with delivery of original executed counterparts. 4.8 This Agreement shall become effective upon execution of the Group Contract, Group Itinerary, and Group Package Options form by the parties involved.

  • Financial, Accounting, and Administrative Services The Manager shall maintain the existence and records of the Corporation; maintain the registrations and qualifications of Fund Shares under federal and state law; monitor the financial, accounting, and administrative functions of the Fund; maintain liaison with the various agents employed by the Corporation (including the Corporation’s transfer agent, custodian, independent accountants and legal counsel) and assist in the coordination of their activities on behalf of the Fund.

  • Management and Administrative Services The Investment Adviser shall perform, or arrange for its affiliates to perform, the management and administrative services necessary for the operation of the Fund, including administering shareholder accounts and handling shareholder relations. The Investment Adviser shall provide the Fund with office space, facilities, equipment and necessary personnel and such other services as the Investment Adviser, subject to review by the Board of Directors, from time to time shall determine to be necessary or useful to perform its obligations under this Agreement. The Investment Adviser, also on behalf of the Fund, shall conduct relations with custodians, depositories, transfer agents, pricing agents, dividend disbursing agents, other shareholder servicing agents, accountants, attorneys, underwriters, brokers and dealers, corporate fiduciaries, insurers, banks and such other persons in any such other capacity deemed to be necessary or desirable. The Investment Adviser generally shall monitor the Fund's compliance with investment policies and restrictions as set forth in filings made by the Fund under the federal securities laws. The Investment Adviser shall make reports to the Board of Directors of its performance of obligations hereunder and furnish advice and recommendations with respect to such other aspects of the business and affairs of the Fund as it shall determine to be desirable.

  • Litigation and Administrative Proceedings Except as disclosed on Schedule 6.4 hereto, there are (a) no lawsuits, actions, investigations, examinations or other proceedings pending or threatened against any Company, or in respect of which any Company may have any liability, in any court or before or by any Governmental Authority, arbitration board, or other tribunal, (b) no orders, writs, injunctions, judgments, or decrees of any court or Governmental Authority to which any Company is a party or by which the property or assets of any Company are bound, and (c) no grievances, disputes, or controversies outstanding with any union or other organization of the employees of any Company, or threats of work stoppage, strike, or pending demands for collective bargaining, in each case other than those that could not reasonably be expected to result in a Material Adverse Effect.

  • Minor and Administrative Errors A Competent Authority shall notify the Competent Authority of the other Party when the first-mentioned Competent Authority has reason to believe that administrative errors or other minor errors may have led to incorrect or incomplete information reporting or resulted in other infringements of this Agreement. The Competent Authority of such other Party shall apply its domestic law (including applicable penalties) to obtain corrected and/or complete information or to resolve other infringements of this Agreement.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!