Common use of Continuing Requirements Clause in Contracts

Continuing Requirements. Advances hereunder will be made by CDF, at Borrower’s direction, by electronic transfer by Automated Clearing House (“ACH”), Fed Wire Funds Transfer (“Fed Wire”) or such other electronic means as CDF may announce from time to time (payments to or from Borrower by ACH, Fed Wire and such other electronic transfer are collectively referred to as “Electronic Transfers”). If Borrower does not request advances be made in a specific method of transfer, CDF may determine from time to time in its sole discretion what method of transfer to use. Borrower will: (a) if from time to time required by CDF, immediately upon their creation, deliver to CDF copies of all invoices, delivery evidences and other such documents relating to each Account; (b) not permit or agree to any extension, or compromise, settle or make any change to any Account in an amount in excess of $250,000 without CDF’s prior written consent; (c) affix appropriate endorsements or assignments upon all such items of payment and proceeds so that the same may be properly deposited by CDF to CDF’s account; (d) promptly notify CDF in writing which Accounts may be deemed ineligible as defined in Subsection 3.3; (e) use its best efforts to xxxx all chattel paper and instruments now owned or hereafter acquired by it relating to Accounts to show that the same are subject to CDF’s security interest and immediately thereafter deliver such chattel paper and instruments to CDF with appropriate endorsements and assignments to CDF; (f) within ten (10) Business Days after the end of each Brunswick fiscal month end, provide CDF with a detailed aging of its Accounts for each month, together with the names and addresses of all obligors.

Appears in 2 contracts

Samples: Business Financing Agreement, Business Financing Agreement (Brunswick Corp)

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Continuing Requirements. Advances hereunder will be made by CDF, at BorrowerDealer’s direction, by paper check, electronic transfer by Automated Clearing House (“ACH”), Fed Wire Funds Transfer (“Fed Wire”) or such other electronic means as CDF may announce from time to time (payments to or from Borrower Dealer by ACH, Fed Wire and such other electronic transfer are collectively referred to as “Electronic Transfers”). If Borrower Dealer does not request advances be made in a specific method of transfer, CDF may determine from time to time in its sole discretion what method of transfer to use. Borrower Dealer will: (a) if from time to time required by CDF, immediately upon their creation, deliver to CDF copies of all invoices, delivery evidences and other such documents relating to each Account; (b) not permit or agree to any extension, compromise or compromise, settle settlement or make any other material change to any Account in an amount in excess of $250,000 without CDF’s prior written consentAccount; (c) affix appropriate endorsements or assignments upon all such items of payment and proceeds so that the same may be properly deposited by CDF to CDF’s account; (d) promptly immediately notify CDF in writing which Accounts may be deemed ineligible as defined in Subsection 3.3; (e) use its best efforts to xxxx mxxx all chattel paper and instruments now owned or hereafter acquired by it relating to Accounts to show that the same are subject to CDF’s security interest and immediately thereafter deliver such chattel paper and instruments to CDF with appropriate endorsements and assignments to CDF; (f) within ten (10) Business Days days after the end of each Brunswick fiscal month endmonth, provide CDF with a detailed aging of its Accounts for each month, together with the names and addresses of all obligors.

Appears in 1 contract

Samples: Business Financing Agreement (En Pointe Technologies Inc)

Continuing Requirements. Advances hereunder will be made by CDF, at BorrowerDealer’s direction, by paper check, electronic transfer by Automated Clearing House (“ACH”), Fed Wire Funds Transfer (“Fed Wire”) or such other electronic means as CDF may announce from time to time (payments to or from Borrower Dealer by ACH, Fed Wire and such other electronic transfer are collectively referred to as “Electronic Transfers”). If Borrower Dealer does not request advances be made in a specific method of transfer, CDF may determine from time to time in its sole discretion what method of transfer to use. Borrower use Dealer will: (a) if from time to time required by CDF, immediately upon their creation, deliver to CDF copies of all invoices, delivery evidences and other such documents document relating to each Account; (b) not permit or agree to any extension, compromise or compromise, settle settlement or make any change to any Account in an amount in excess of $250,000 without CDF’s prior written consentAccount; (c) affix appropriate endorsements or assignments upon all such items of payment and proceeds so that the same may be properly deposited by CDF to CDF’s account; (d) promptly immediately notify CDF in writing which Accounts may be deemed ineligible as defined in Subsection 3.3; (e) use its best efforts to xxxx all chattel paper and instruments now owned or hereafter acquired by it relating to Accounts to show that the same are subject to CDF’s security interest and immediately thereafter deliver such chattel paper and instruments to CDF with appropriate endorsements and assignments to CDF; (f) within ten (10) Business Days days after the end of each Brunswick fiscal month endmonth, provide CDF with a detailed aging of its Accounts for each month, together with the names and addresses of all obligors.

Appears in 1 contract

Samples: Business Financing Agreement (FusionStorm Global, Inc.)

Continuing Requirements. Advances hereunder will be made by CDF, at Borrower’s Dealer's direction, by paper check, electronic transfer by Automated Clearing House ("ACH"), Fed Wire Funds Transfer ("Fed Wire") or such other electronic means as CDF may announce from time to time (payments to or from Borrower Dealer by ACH, Fed Wire and such other electronic transfer are collectively referred to as "Electronic Transfers"). If Borrower Dealer does not request advances be made in a specific method of transfer, CDF may determine from time to time in its sole discretion what method of transfer to use. Borrower Dealer will: (a) if from time to time required by CDF, immediately upon their creation, deliver to CDF copies of all invoices, delivery evidences and other such documents relating to each Account; (b) not permit or agree to any extension, compromise or compromise, settle settlement or make any change to any Account except in an amount in excess the ordinary course of $250,000 without CDFbusiness consistent with Dealer’s prior written consentpast practices; (c) affix appropriate endorsements or assignments upon all such items of payment and proceeds so that the same may be properly deposited by CDF to CDF’s 's account; (d) promptly immediately notify CDF in writing which Accounts may be deemed ineligible as defined in Subsection 3.3; (e) use its best efforts to xxxx all chattel paper and instruments now owned or hereafter acquired by it relating to Accounts to show that the same are subject to CDF’s 's security interest and immediately thereafter deliver such chattel paper and instruments to CDF with appropriate endorsements and assignments to CDF; (f) within ten (10) Business Days days after the end of each Brunswick fiscal month endmonth, provide CDF with a detailed aging of its Accounts for each month, together with the names and addresses of all obligors.

Appears in 1 contract

Samples: Business Financing Agreement (Emtec Inc/Nj)

Continuing Requirements. Advances hereunder will be made by CDF, at BorrowerDealer’s direction, by paper check, electronic transfer by Automated Clearing House (“ACH”), . Fed Wire Funds Transfer (“Fed Wire”) or such other electronic means as CDF may announce from time to time (payments to or from Borrower Dealer by ACH, Fed Wire and such other electronic transfer are collectively referred to as “Electronic Transfers”). If Borrower Dealer does not request advances be made in a specific method of transfer, CDF may determine from time to time in its sole discretion what method of transfer to use. Borrower A request for an advance must be given prior to 11:30 a.m. Eastern time on any Business Day for CDF to be able to make available to Dealer a cash advance on such Business Day in the amount of such request. Dealer will: (a) if from time to time required by CDF, immediately upon their creation, deliver to CDF copies of all invoices, delivery evidences and other such documents relating to each Account; (b) not permit or agree to any extension, compromise or compromise, settle settlement or make any change to any Account in an amount in excess of $250,000 without CDF’s prior written consentAccount; (c) affix appropriate endorsements or assignments upon all such items of payment and proceeds so that the same may be properly deposited by CDF to CDF’s account; (d) promptly immediately notify CDF in writing which Accounts may be deemed ineligible as defined in Subsection 3.3; (e) use its best efforts to xxxx all chattel paper and instruments now owned or hereafter acquired by it relating to Accounts to show that the same are subject to CDF’s security interest and immediately thereafter deliver such chattel paper and instruments to CDF with appropriate endorsements and assignments to CDF; (f) within ten (10) Business Days days after the end of each Brunswick fiscal month endmonth, provide CDF with a detailed aging of its Accounts and accounts payable for each monthmonth and deferred revenue reports, together with the names and addresses of all obligors.

Appears in 1 contract

Samples: Business Financing Agreement (FusionStorm Global, Inc.)

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Continuing Requirements. Advances hereunder will be made by CDF, at BorrowerDealer’s direction, by paper check, electronic transfer by Automated Clearing House (“ACH”), ) Fed Wire Funds Transfer (“Fed Wire”) or such other electronic means as CDF may announce from time to time (payments to or from Borrower Dealer by ACH, Fed Wire and such other electronic transfer are collectively referred to as “Electronic Transfers”). If Borrower Dealer does not request advances be made in a specific method of transfer, CDF may determine from time to time in its sole discretion what method of transfer to use. Borrower Dealer will: (a) if from time to time required by CDF, immediately upon their creation, deliver to CDF copies of all invoices, delivery evidences and other such documents relating to each Account; (b) not permit or agree to any extension, compromise or compromise, settle settlement or make any change to any Account in an amount in excess of $250,000 without CDF’s prior written consentAccount; (c) affix appropriate endorsements or assignments upon all such items of payment and proceeds so that the same may be properly deposited by CDF to CDF’s account; (d) promptly immediately notify CDF in writing which Accounts may be deemed ineligible as defined in Subsection 3.3; (e) use its best efforts to xxxx all chattel paper and instruments now owned or hereafter acquired by it relating to Accounts to show that the same are subject to CDF’s security interest and immediately thereafter deliver such chattel paper and instruments to CDF with appropriate endorsements and assignments to CDF; (f) within ten (10) Business Days days after the end of each Brunswick fiscal month endmonth, provide CDF with a detailed aging of its Accounts for each month, together with the names and addresses of all obligors.

Appears in 1 contract

Samples: Business Financing Agreement (FusionStorm Global, Inc.)

Continuing Requirements. Advances hereunder will be made by CDF, at Borrower’s Dealer's direction, by paper check, electronic transfer by Automated Clearing House ("ACH"), Fed Wire Funds Transfer ("Fed Wire") or such other electronic means as CDF may announce from time to time (payments to or from Borrower by ACH, Fed Wire and such other electronic transfer are collectively referred to as "Electronic Transfers"). If Borrower Dealer does not request advances be made in a specific method of transfer, CDF may determine from time to time in its sole discretion what method of transfer to use. Borrower Dealer will: (a) if from time to time required by CDF, immediately upon their creation, deliver to CDF copies of all invoices, delivery evidences and other such documents relating to each Account; (b) not permit or agree to any material extension, compromise or compromise, settle settlement or make any change to any Account in an amount in excess unless it has notified CDF of $250,000 without CDF’s prior written consentits intention to do so; (c) affix appropriate endorsements or assignments upon all such items of payment and proceeds so that the same may be properly deposited by CDF to CDF’s 's account; (d) promptly notify CDF in writing which Accounts may be deemed become ineligible for a material reason other than aging and report such event on the Schedule as defined in Subsection 3.3; (e) use its best efforts to xxxx all chattel paper and instruments now owned or hereafter acquired by it relating to Accounts to show that the same are subject to CDF’s 's security interest and immediately thereafter deliver such chattel paper and instruments to CDF with appropriate endorsements and assignments to CDF; (f) within ten (10) Business Days days after the end of each Brunswick fiscal month endmonth, provide CDF with a detailed aging of its Accounts for each month, together with (g) provide the names name and addresses of all obligorsobligors upon CDF’s request.

Appears in 1 contract

Samples: Amended and Restated Business Financing Agreement (Eplus Inc)

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