Delivery of Receivables. Upon Lender's or Agent's request, upon the occurrence of an Event of Default, the Guarantors will, at any reasonable time and at Guarantor's own expense, physically deliver to Lender or Agent all Accounts assigned to Lender at any reasonable place or places designated by Lender or Agent. Failure to deliver any Account, or failure to deliver physical possession of any instruments, documents or writings in respect of any Account shall not invalidate Lender's Lien and security interest therein, except to the extent that possession may be required by applicable law for the perfection of said Lien or security interest, in which latter case, the Account shall be deemed to be held by Guarantors as the custodian agent of Lender, for the benefit of Lender. Failure of Lender or Agent to demand or require Guarantors to include any Account in any schedule, to execute any schedule, to assign and deliver any schedule or to deliver physical possession of any instruments, documents or writings related to any Account shall not relieve Guarantors of their duty so to do.
Delivery of Receivables. Upon our payment of the Advance or otherwise upon our initially making the amount of the Advance available for your use with an Approved Card (as defined below) or the Invoice Payment Dashboard (as defined below), (a) you sell, assign, and transfer to us, and we purchase from you, all of your right, title, and interest in and to the Specified Amount of Future Receivables, and you will deliver, and cause to be delivered, each business day to us the Specified Percentage of Future Receivables until we have received the Specified Amount and any other amounts owed to us in accordance with this Agreement, and (b) you acknowledge that good, sufficient and valuable consideration has been received. You agree that all Future Receivables generated by your business will be deposited in the bank account we have on file (“Bank Account”) to which an irrevocable ACH authorization agreement or direct or pre-authorized debit agreement, as applicable (any such agreement, the “Authorization Agreement”), relates. You agree to instruct your payment processor to deposit all payments it processes for you into the Bank Account. You agree not to change your Bank Account or payment processor without our advance written consent. You will provide us with read-only access codes to your Bank Account (including via Plaid or similar services) and agree not to change such access codes without our advance written consent. We may access your Bank Account, including to assess the amount of Future Receivables you have generated and to debit your Bank Account. You will provide us any information we request to conduct this assessment. You agree to provide us with an irrevocable Authorization Agreement. You understand that we would not make the Advance without you providing the irrevocable Authorization Agreement. You agree to deliver the Specified Amount (a) if available, by having it delivered to us directly, and (b) by authorizing us to debit the Specified Percentage of Future Receivables and any other amounts you owe us each business day from your Bank Account by ACH, direct or pre-authorized debit, electronic check or other method until the full Specified Amount has been delivered. You understand that it is your responsibility to ensure that the Specified Percentage of Future Receivables and any other amounts you owe us are always available in your Bank Account. You are solely responsible for any fees or charges incurred from overdrafts or rejected transactions. If a transaction is rejected,...
Delivery of Receivables. Borrower hereby agrees to deliver to the Custodian (i) the original Contract evidencing each Eligible Receivable, together with all related credit applications, truth-in-lending disclosures, credit reports and similar information provided by or related to each Obligor for such Eligible Receivable, and (ii) all applications for Auto Title, guaranties of title, the original Auto Title documentation relating to each Auto Title and all other related information, each as required by and in accordance with the Auto Title Procedures. All Receivables shall, regardless of their location, be deemed to be under the dominion and control of the Collateral Agent for the benefit of Lender (with files so labeled) and deemed to be in the possession of the Collateral Agent for the benefit of Lender.
Delivery of Receivables. With respect to any of its Receivables in excess of $5,000,000 individually that is evidenced by, or constitutes, Chattel Paper or Instruments (other than Instruments deposited or to be deposited for collection in the ordinary course of business), each Grantor shall, at the reasonable request of the Collateral Agent, cause each originally executed copy thereof to be delivered to the Collateral Agent (or its agent or designee) appropriately indorsed to the Collateral Agent or indorsed in blank: (i) with respect to any such Receivables in existence on the date hereof, on or prior to the date hereof and (ii) with respect to any such Receivables hereafter arising, promptly after such Grantor acquiring rights therein.
Delivery of Receivables. Subject to the rights of the holders of the Senior Obligations, upon Agent's request, upon the occurrence and during the continuance of an Event of Default, Borrower will, at any reasonable time and at Borrower's own expense, physically deliver to Agent, all Accounts (including inter-company receivables) assigned to Agent at any reasonable place or places designated by Agent. Failure to deliver any Account, or failure to deliver physical possession of any instruments, documents or writings in respect of any Account shall not invalidate Agent's Lien and security interest therein, except to the extent that possession may be required by applicable law for the perfection of said Lien or security interest, in which latter case, the Account shall be deemed to be held by the Borrower (for the holders of the Senior Obligations, as applicable) as the custodian agent of Agent, for the benefit of Lender. Failure of Agent to demand or require Borrower to include any Account in any schedule, to execute any schedule, to assign and deliver any schedule or to deliver physical possession of any instruments, documents or writings related to any Account shall not relieve Borrower of its duty so to do.
Delivery of Receivables. All promissory notes and other instruments and documents evidencing or related to the Eligible Receivables shall be held by and delivered to the Custodian pursuant to the terms of the Custodial Agreement. Lender may terminate the Custodial Agreement on the terms specified therein.
Delivery of Receivables. Borrower and each other Related Party hereby agrees to deliver to the Custodian the original Consumer Loan Documents evidencing each Receivable owned or held by such Related Party, together with all other Custodian Deliverables, within five (5) Business Days after the Consumer Loan evidenced by such Consumer Loan Document is made by Borrower or such Related Party to the subject Account Debtor. All Receivables shall, regardless of their location, be deemed to be under Lender’s dominion and control (with files so labeled) and deemed to be in Lender’s possession.
Delivery of Receivables. Upon Lender’s request, upon the occurrence of an Event of Default, the Guarantors will, at any reasonable time and at Guarantor’s own expense, physically deliver to Lender all Accounts assigned to Lender at any reasonable place or places designated by Lender. Failure to deliver any Account, or failure to deliver physical possession of any instruments, documents or writings in respect of any Account shall not invalidate Lender’s Lien and security interest therein, except to the extent that possession may be required by applicable law for the perfection of said Lien or security interest, in which latter case, the Account shall be deemed to be held by Guarantors as the custodian agent of Lender, for the benefit of Lender. Failure of Lender to demand or require Guarantors to include any Account in any schedule, to execute any schedule, to assign and deliver any schedule or to deliver physical possession of any instruments, documents or writings related to any Account shall not relieve Guarantors of their duty so to do. 4.
Delivery of Receivables. (a) On each Business Day prior to the Purchase Termination Date, each Originator shall deliver, or shall cause to be delivered, all of its Receivables to the Purchaser by delivering to the Purchaser a statement or report (a "RECEIVABLES STATEMENT") specifying to the Purchaser the aggregate outstanding principal balance of such Receivables.
(b) Upon the fulfillment of the conditions set forth in ARTICLE III, the delivery to the Purchaser of the Receivables Statement and payment of the Purchase consideration as provided in Section 2.03, all such Originator's right, title and interest in and to such Receivables shall have been sold, assigned, transferred, conveyed and set over to the Purchaser.
Delivery of Receivables. Upon Secured Party's request, upon the occurrence of an Event of Default, Debtor will, at any reasonable time and at Debtor's own expense, physically deliver to Secured Party all Accounts assigned to Secured Party at any reasonable place or places designated by Secured Party. Failure to deliver any Account, or failure to deliver physical possession of any instruments, documents or writings in respect of any Account shall not invalidate Secured Party's Lien and security interest therein, except to the extent that possession may be required by applicable law for the perfection of said Lien or security interest, in which latter case, the Account shall be deemed to be held by Debtor as the custodian agent of Secured Party, for the benefit of Secured Party. Failure of Secured Party to demand or require Debtor to include any Account in any schedule, to execute any schedule, to assign and deliver any schedule or to deliver physical possession of any instruments, documents or writings related to any Account shall not relieve Debtor of its duty so to do.
