Common use of Designation of Collection Agent Clause in Contracts

Designation of Collection Agent. The servicing, administration and collection of the Transferred Receivables shall be conducted by such Person (the “Collection Agent”) so designated hereunder from time to time. Until the RIPA Final Payment Date, IR Company (or such other person as may be designated from time to time under the RIPA) is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. Following the RIPA Final Payment Date and so long as a Collection Agent Default has occurred and is continuing, the Purchaser may designate as Collection Agent any Person (including itself) to succeed IR Company or any successor Collection Agent, if such Person shall consent and agree to the terms hereof. Upon the receipt of notice designating a new Collection Agent, IR Company agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its assignee) believes will facilitate the transition of the performance of such activities to the new Collection Agent, and IR Company shall use its best efforts to assist the person designated as the new Collection Agent to take over the servicing, administration and collection of the Transferred Receivables, including, without limitation, providing access to and copies of all computer tapes or disks and other documents or instruments that evidence or relate to Transferred Receivables maintained in its capacity as Collection Agent and access to all employees and officers of IR Company responsible with respect thereto. The Collection Agent may subcontract with Club Car (with respect to Receivables originated by Club Car), or, with the prior written consent of the Purchaser and its assignees, any other Person for the servicing, administration or collection of Transferred Receivables. Any such subcontract shall not affect the Collection Agent’s liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall terminate upon designation of a successor Collection Agent.

Appears in 2 contracts

Samples: Tertiary Purchase Agreement, Tertiary Purchase Agreement (Ingersoll Rand Co LTD)

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Designation of Collection Agent. The servicing, administration and collection of the Transferred Receivables shall be conducted by such Person (the “Collection Agent”) so designated hereunder from time to time. Until the RIPA Final Payment Date, IR Company (or such other person as may be designated from time to time under the RIPA) is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. Following the RIPA Final Payment Date and so long as a Collection Agent Default has occurred and is continuing, the Purchaser may designate as Collection Agent any Person (including itself) to succeed IR Company or any successor Collection Agent, if such Person shall consent and agree to the terms hereof. Upon the receipt of notice designating a new Collection Agent, IR Company agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its assignee) believes will facilitate the transition of the performance of such activities to the new Collection Agent, and IR Company shall use its best efforts to assist the person designated as the new Collection Agent to take over the servicing, administration and collection of the Transferred Receivables, including, without limitation, providing access to and copies of all computer tapes or disks and other documents or instruments that evidence or relate to Transferred Receivables maintained in its capacity as Collection Agent and access to all employees and officers of IR Company responsible with respect thereto. The Collection Agent may subcontract with Club Car (with respect to Receivables originated by Club Car)Schlage, or, with the prior written consent of the Purchaser and its assignees, any other Person for the servicing, administration or collection of Transferred Receivables. Any such subcontract shall not affect the Collection Agent’s liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall terminate upon designation of a successor Collection Agent.

Appears in 2 contracts

Samples: Tertiary Purchase Agreement (Ingersoll Rand Co LTD), Secondary Purchase and Contribution Agreement (Ingersoll Rand Co LTD)

Designation of Collection Agent. The servicing, administration and collection of the Transferred Receivables shall be conducted by such Person (the “Collection Agent”) so designated hereunder from time to time. Until the RIPA Final Payment Date, IR Company (or such other person as may be designated from time to time under the RIPA) is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. Following the RIPA Final Payment Date and so long as a Collection Agent Default has occurred and is continuing, the Purchaser may designate as Collection Agent any Person (including itself) to succeed IR Company or any successor Collection Agent, if such Person shall consent and agree to the terms hereof. Upon the receipt of notice designating a new Collection Agent, IR Company agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its assignee) believes will facilitate the transition of the performance of such activities to the new Collection Agent, and IR Company shall use its best efforts to assist the person designated as the new Collection Agent to take over the servicing, administration and collection of the Transferred Receivables, including, without limitation, providing access to and copies of all computer tapes or disks and other documents or instruments that evidence or relate to Transferred Receivables maintained in its capacity as Collection Agent and access to all employees and officers of IR Company responsible with respect thereto. The Collection Agent may subcontract with Club Car (with respect to Receivables originated by Club Car)the Seller, or, with the prior written consent of the Purchaser and its assignees, any other Person for the servicing, administration or collection of Transferred Receivables. Any such subcontract shall not affect the Collection Agent’s liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall terminate upon designation of a successor Collection Agent.

Appears in 2 contracts

Samples: Initial Purchase and Contribution Agreement (Ingersoll Rand Co LTD), Initial Purchase and Contribution Agreement (Ingersoll Rand Co LTD)

Designation of Collection Agent. The servicing, administration and collection of the Transferred Receivables shall be conducted by such Person (the “Collection Agent”) so designated hereunder from time to time. Until the RIPA Final Payment Date, IR Company (or such other person as may be designated from time to time under the RIPA) is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. Following the RIPA Final Payment Date and so long as a Collection Agent Default has occurred and is continuing, the Purchaser may designate as Collection Agent any Person (including itself) to succeed IR Company or any successor Collection Agent, if such Person shall consent and agree to the terms hereof. Upon the receipt of notice designating a new Collection Agent, IR Company agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its assignee) believes will facilitate the transition of the performance of such activities to the new Collection Agent, and IR Company shall use its best efforts to assist the person designated as the new Collection Agent to take over the servicing, administration and collection of the Transferred Receivables, including, without limitation, providing access to and copies of all computer tapes or disks and other documents or instruments that evidence or relate to Transferred Receivables maintained in its capacity as Collection Agent and access to all employees and officers of IR Company responsible with respect thereto. The Collection Agent may subcontract with Club Car Hussmann (with respect to the Receivables originated by the “Hussmann Entities” identified on Schedule I) or Thermo King Corp. (with respect to Receivables originated by Club Carthe “Thermo King Entities” identified on Schedule I), or, with the prior written consent of the Purchaser and its assignees, any other Person for the servicing, administration or collection of Transferred Receivables. Any such subcontract shall not affect the Collection Agent’s liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall terminate upon designation of a successor Collection Agent.

Appears in 2 contracts

Samples: Initial Purchase and Contribution Agreement (Ingersoll Rand Co LTD), Secondary Purchase Agreement (Ingersoll Rand Co LTD)

Designation of Collection Agent. The servicing, administration and collection of the Transferred Receivables shall be conducted by such Person (the “Collection Agent”) so designated hereunder from time to time. Until the RIPA RPA Final Payment Date, IR Company the Parent (or such other person Person as may be designated from time to time under the RIPARPA) is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. Following the RIPA RPA Final Payment Date and so long as a Collection Agent Default has occurred and is continuingDate, the Purchaser Purchaser, by notice to the Parent, may designate as Collection Agent any Person (including itself) to succeed IR Company the Parent or any successor Collection Agent, if such Person shall consent and agree to the terms hereof. Upon the Parent’s receipt of notice designating a new Collection Agentsuch notice, IR Company the Parent agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its assigneedesignee) believes will facilitate the transition of the performance of such activities to the new Collection Agent, and IR Company the Parent shall use its best efforts to assist the person designated as the new Collection Agent Purchaser (or its designee) to take over the servicing, administration and collection of the Transferred Receivables, including, without limitation, providing access to and copies of all computer tapes or disks and other documents or instruments that evidence or relate to Transferred Receivables maintained in its capacity as Collection Agent and access to all employees and officers of IR Company the Parent responsible with respect thereto. The Collection Agent may subcontract with Club Car (with respect to Receivables originated by Club Car), any Affiliate or, with the prior written consent of the Purchaser and its assigneesPurchaser, subcontract with any other Person Person, for the servicing, administration or collection of Transferred Receivables. Any such subcontract shall not affect the Collection Agent’s liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall terminate upon designation of a successor Collection Agent.

Appears in 1 contract

Samples: Purchase and Contribution Agreement (Olin Corp)

Designation of Collection Agent. The servicing, administration and collection of the Transferred Receivables shall be conducted by such Person (the “Collection Agent”) so designated hereunder from time to time. Until the RIPA RPA Final Payment Date, IR Company the Seller (or such other person Person as may be designated from time to time under the RIPASale Agreement) is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. Following the RIPA RPA Final Payment Date and so long as a Collection Agent Default has occurred and is continuingDate, the Purchaser Purchaser, by notice to the Seller, may designate as Collection Agent any Person (including itself) to succeed IR Company the Seller or any successor Collection Agent, if such Person shall consent and agree to the terms hereof. Upon the Seller’s receipt of notice designating a new Collection Agentsuch notice, IR Company the Seller agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its assigneedesignee) believes will facilitate the transition of the performance of such activities to the new Collection Agent, and IR Company the Seller shall use its best efforts to assist the person designated as the new Collection Agent Purchaser (or its designee) to take over the servicing, administration and collection of the Transferred Receivables, including, without limitation, providing access to and copies of all computer tapes or disks and other documents or instruments that evidence or relate to Transferred Receivables maintained in its capacity as Collection Agent and access to all employees and officers of IR Company the Seller responsible with respect thereto. The Collection Agent may subcontract with Club Car (with respect to Receivables originated by Club Car), ormay, with the prior written consent of the Purchaser and its assigneesPurchaser, subcontract with any other Person for the servicing, administration or collection of Transferred ReceivablesReceivables (and the Purchaser, on behalf of itself and the Agent, hereby consents to the subcontracting of the servicing, administration and collection of Transferred Receivables in accordance with Section 6.01 of the Purchase Agreement). Any such subcontract shall not affect the Collection Agent’s liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall automatically terminate upon designation of a successor Collection Agent.

Appears in 1 contract

Samples: Purchase and Contribution Agreement (Ferro Corp)

Designation of Collection Agent. The servicing, administration and collection of the Transferred Receivables shall be conducted by such Person (the “Collection Agent”) so designated hereunder from time to time. Until the RIPA Final Payment Date, IR Company (or such other person as may be designated from time to time under the RIPA) is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. Following the RIPA Final Payment Date and so long as a Collection Agent Default has occurred and is continuing, the Purchaser may designate as Collection Agent any Person (including itself) to succeed IR Company or any successor Collection Agent, if such Person shall consent and agree to the terms hereof. Upon the receipt of notice designating a new Collection Agent, IR Company agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its assignee) believes will facilitate the transition of the performance of such activities to the new Collection Agent, and IR Company shall use its best efforts to assist the person designated as the new Collection Agent to take over the servicing, administration and collection of the Transferred Receivables, including, without limitation, providing access to and copies of all computer tapes or disks and other documents or instruments that evidence or relate to Transferred Receivables maintained in its capacity as Collection Agent and access to all employees and officers of IR Company responsible with respect thereto. The Collection Agent may subcontract with Club Car (with respect to Receivables originated by Club Car), or, with the prior written consent of the Purchaser and its assignees, any other Person for the servicing, administration or collection of Transferred Receivables. Any such subcontract shall not affect the Collection Agent’s liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall terminate upon designation of a successor Collection Agent.

Appears in 1 contract

Samples: Initial Purchase and Contribution Agreement (Ingersoll Rand Co LTD)

Designation of Collection Agent. The servicing, administration and collection of the Transferred Receivables shall be conducted by such Person (the “Collection Agent”) so designated hereunder from time to time. Until the RIPA Final Payment Date, IR Company (or such other person as may be designated from time to time under the RIPA) is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. Following the RIPA Final Payment Date and so long as a Collection Agent Default has occurred and is continuing, the Purchaser may designate as Collection Agent any Person (including itself) to succeed IR Company or any successor Collection Agent, if such Person shall consent and agree to the terms hereof. Upon the receipt of notice designating a new Collection Agent, IR Company agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its assignee) believes will facilitate the transition of the performance of such activities to the new Collection Agent, and IR Company shall use its best efforts to assist the person designated as the new Collection Agent to take over the servicing, administration and collection of the Transferred Receivables, including, without limitation, providing access to and copies of all computer tapes or disks and other documents or instruments that evidence or relate to Transferred Receivables maintained in its capacity as Collection Agent and access to all employees and officers of IR Company responsible with respect thereto. The Collection Agent may subcontract with Club Car the Seller (with respect to Receivables originated by Club Carthe Seller), or, with the prior written consent of the Purchaser and its assignees, any other Person for the servicing, administration or collection of Transferred Receivables. Any such subcontract shall not affect the Collection Agent’s liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall terminate upon designation of a successor Collection Agent.

Appears in 1 contract

Samples: Secondary Purchase and Contribution Agreement (Ingersoll Rand Co LTD)

Designation of Collection Agent. The servicing, administration and collection of the Transferred Receivables Purchased Assets shall be conducted by such Person (the "Collection Agent") so designated hereunder from time to time. Until the RIPA RFA Final Payment Date, IR Company the Seller (or such other person Person as may be designated from time to time under the RIPAFinancing Agreement) is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. Following the RIPA Final Payment Date and so long as a Collection Agent Default has occurred and is continuingThereafter, the Purchaser Purchaser, by notice to the Seller, may designate as Collection Agent any Person (including itself) to succeed IR Company the Seller or any successor Collection Agent, if such Person shall consent and agree to the terms hereof. Upon the Seller's receipt of notice designating a new Collection Agentsuch notice, IR Company the Seller agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its assigneedesignee) believes will facilitate the transition of the performance of such activities to the new Collection Agent, and IR Company the Seller shall use its best efforts to assist the person designated as the new Collection Agent Purchaser (or its designee) to take over the servicing, administration and collection of the Transferred ReceivablesPurchased Assets, including, without limitation, providing access to and copies of all computer tapes or disks and other documents or instruments that evidence or relate to Transferred Receivables Purchased Assets maintained in its capacity as Collection Agent and access to all employees and officers of IR Company the Seller responsible with respect thereto. The Collection Agent may subcontract with Club Car (with respect to Receivables originated by Club Car), ormay, with the prior written consent of the Purchaser and its assigneesPurchaser, subcontract with any other Person for the servicing, administration or collection of Transferred ReceivablesPurchased Assets. Any such subcontract shall not affect the Collection Agent’s 's liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall terminate upon designation of a successor Collection Agent.

Appears in 1 contract

Samples: Secondary Purchase Agreement (Rite Aid Corp)

Designation of Collection Agent. The servicing, administration and collection of the Transferred Purchased Receivables shall be conducted by such Person (the “Collection Agent”) so designated hereunder from time to time. Until the RIPA RPA Final Payment Date, IR Company Ferro (or such other person Person as may be designated from time to time under the RIPASale Agreement) is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. Following the RIPA RPA Final Payment Date and so long as a Collection Agent Default has occurred and is continuingDate, the Purchaser Purchaser, by notice to Ferro, may designate as Collection Agent any Person (including itself) to succeed IR Company Ferro or any successor Collection Agent, if such Person shall consent and agree to the terms hereof. Upon the Ferro’s receipt of notice designating a new Collection Agentsuch notice, IR Company Ferro agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its assigneedesignee or assignees) believes will facilitate the transition of the performance of such activities to the new Collection Agent, and IR Company Ferro shall use its best efforts to assist the person designated as the new Collection Agent Purchaser (or its designee or assignee) to take over the servicing, administration and collection of the Transferred Purchased Receivables, including, without limitation, providing access to and copies of all computer tapes or disks and other documents or instruments that evidence or relate to Transferred Purchased Receivables maintained in its capacity as Collection Agent and access to all employees and officers of IR Company Ferro responsible with respect thereto. The Collection Agent may subcontract with Club Car (with respect to Receivables originated by Club Car), ormay, with the prior written consent of the Purchaser and its assigneesPurchaser, subcontract with any other Person for the servicing, administration or collection of Transferred ReceivablesPurchased Receivables (and the Purchaser, on behalf of itself and the Agent, hereby consents to the subcontracting to Ferro Color or FPL, as the case may be of the servicing, administration and collection of Purchased Receivables originated by Ferro Color or FPL, as the case may be). Any such subcontract shall not affect the Collection Agent’s liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall automatically terminate upon designation of a successor Collection Agent.

Appears in 1 contract

Samples: Purchase Agreement (Ferro Corp)

Designation of Collection Agent. The servicing, administration and collection of the Transferred Receivables shall be conducted by such Person (the “Collection Agent”) so designated hereunder from time to time. Until the RIPA Final Payment Date, IR Company (or such other person as may be designated from time to time under the RIPA) is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. Following the RIPA Final Payment Date and so long as a Collection Agent Default has occurred and is continuing, the Purchaser may designate as Collection Agent any Person (including itself) to succeed IR Company or any successor Collection Agent, if such Person shall consent and agree to the terms hereof. Upon the receipt of notice designating a new Collection Agent, IR Company agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its assignee) believes will facilitate the transition of the performance of such activities to the new Collection Agent, and IR Company shall use its best efforts to assist the person designated as the new Collection Agent to take over the servicing, administration and collection of the Transferred Receivables, including, without limitation, providing access to and copies of all computer tapes or disks and other documents or instruments that evidence or relate to Transferred Receivables maintained in its capacity as Collection Agent and access to all employees and officers of IR Company responsible with respect thereto. The Collection Agent may subcontract with Club Car (with respect to Receivables originated by Club Car)Trane U.S., or, with the prior written consent of the Purchaser and its assignees, any other Person for the servicing, administration or collection of Transferred Receivables. Any such subcontract shall not affect the Collection Agent’s liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall terminate upon designation of a successor Collection Agent.

Appears in 1 contract

Samples: Secondary Purchase Agreement (Ingersoll Rand Co LTD)

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Designation of Collection Agent. The servicing, administration and collection of the Transferred Receivables Purchased Assets shall be conducted by such Person (the "Collection Agent") so designated hereunder from time to time. Until the RIPA RFA Final Payment Date, IR Company HQ (or such other person Person as may be designated from time to time under the RIPAFinancing Agreement) is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. Following the RIPA Final Payment Date and so long as a Collection Agent Default has occurred and is continuingThereafter, the Purchaser Purchaser, by notice to HQ and the Seller, may designate as Collection Agent any Person (including itself) to succeed IR Company HQ or any successor Collection Agent, if such Person shall consent and agree to the terms hereof. Upon the HQ's receipt of notice designating a new Collection Agentsuch notice, IR Company HQ agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its assigneedesignee) believes will facilitate the transition of the performance of such activities to the new Collection Agent, and IR Company HQ shall use its best efforts to assist the person designated as the new Collection Agent Purchaser (or its designee) to take over the servicing, administration and collection of the Transferred ReceivablesPurchased Assets, including, without limitation, providing access to and copies of all computer tapes or disks and other documents or instruments that evidence or relate to Transferred Receivables Purchased Assets maintained by HQ in its capacity as Collection Agent and access to all employees and officers of IR Company HQ responsible with respect thereto. The Collection Agent may subcontract with Club Car (with respect to Receivables originated by Club Car), ormay, with the prior written consent of the Purchaser and its assigneesPurchaser, subcontract with any other Person for the servicing, administration or collection of Transferred ReceivablesPurchased Assets. Any such subcontract shall not affect the Collection Agent’s 's liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall terminate upon designation of a successor Collection Agent.

Appears in 1 contract

Samples: Tertiary Purchase Agreement (Rite Aid Corp)

Designation of Collection Agent. The servicing, administration and collection of the Transferred Receivables shall be conducted by such Person (the “Collection Agent”) so designated hereunder from time to time. Until the RIPA RFA Final Payment Date, IR Company the Herc Seller (or such other person Person as may be designated as “Servicer” from time to time under the RIPARFA) is hereby designated as, and hereby xxxxxx agrees to perform the duties and obligations of, the Collection Agent, and the duties of the Collection Agent shall be deemed performed by performance of the Servicer under the RFA pursuant to the terms hereofthereof. In the event of any conflict between the terms of the RFA and this Agreement regarding the duties of the Servicer or Collection Agent, the terms of the RFA shall prevail. Following the RIPA RFA Final Payment Date and so long as a Collection Agent Default has occurred and is continuingDate, the Purchaser Purchaser, by notice to the Sellers, may designate as Collection Agent any Person (including itself) to succeed IR Company the Herc Seller or any successor Collection Agent, if such Person shall consent and agree to the terms hereof. Upon the Herc Seller’s receipt of notice designating a new Collection Agentsuch notice, IR Company the Herc Seller agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its assigneedesignee) believes will facilitate the transition of the performance of such activities to the new Collection Agent, and IR Company the Herc Seller shall use its best efforts to assist the person designated as the new Collection Agent Purchaser (or its designee) to take over the servicing, administration and collection of the Transferred Receivables, including, without limitation, providing access to and copies of all computer tapes or disks and other documents or instruments that evidence or relate to Transferred Receivables maintained in its capacity as Collection Agent and access to all employees and officers of IR Company the Herc Seller responsible with respect thereto. The Collection Agent may subcontract with Club Car (with respect to Receivables originated by Club Car), ormay, with the prior written consent of the Purchaser and its assigneesPurchaser, subcontract with any other Person for the servicing, administration or collection of Transferred Receivables. Any such subcontract shall not affect the Collection Agent’s liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall terminate upon designation of a successor Collection Agent.

Appears in 1 contract

Samples: Purchase and Contribution Agreement (Herc Holdings Inc)

Designation of Collection Agent. The servicing, administration and collection of the Transferred Receivables shall be conducted by such Person (the “Collection Agent”) so designated hereunder from time to time. Until the RIPA Final Payment DatePurchaser or its assignee gives notice to Ferro Corporation of the designation of a new Collection Agent, IR Company (or such other person as may be designated from time to time under the RIPA) Ferro Corporation is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. Following Ferro Corporation agrees that such notice may be given at any time in the RIPA Final Payment Date and so long as a Collection Agent Default has occurred and is continuing, the Purchaser may designate as Collection Agent any Person (including itself) to succeed IR Company Purchaser’s or any successor Collection Agent, if such Person shall consent and agree to the terms hereofassignee’s Purchaser’s or assignee’s discretion. Upon the receipt by Ferro Corporation of notice designating a new Collection Agentsuch notice, IR Company Ferro Corporation agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its assigneedesignee) believes will facilitate the transition of the performance of such activities to the new Collection Agent, and IR Company Ferro Corporation shall use its best efforts to assist the person designated as the new Collection Agent Purchaser (or its designee) to take over the servicing, administration and collection of the Transferred Receivables, including, without limitation, providing access to and copies of all computer tapes or disks and other documents or instruments that evidence or relate to Transferred Receivables maintained in its capacity as Collection Agent and access to all employees and officers of IR Company Ferro Corporation responsible with respect thereto. The Purchaser at any time after giving such notice may designate as Collection Agent may subcontract with Club Car any Person (with respect including itself) to Receivables originated by Club Car)succeed Ferro Corporation or any successor Collection Agent, orif such Person shall consent and agree to the terms hereof. The Collection Agent may, with the prior written consent of the Purchaser and its assigneesPurchaser, subcontract with any other Person for the servicing, administration or collection of Transferred ReceivablesReceivables (and the Purchaser, on behalf of itself and the Agent, hereby consents to the subcontracting to Ferro Electronic of the servicing, administration and collection of Transferred Receivables originated by Ferro Electronic). Any such subcontract shall not affect the Collection Agent’s Agent’s liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall automatically terminate upon designation of a successor Collection Agent.

Appears in 1 contract

Samples: Purchase and Contribution Agreement (Ferro Corp)

Designation of Collection Agent. The servicing, administration and collection of the Transferred Receivables shall be conducted by such Person (the “Collection Agent”) so designated hereunder from time to time. Until the RIPA RFA Final Payment Date, IR Company the Herc Seller (or such other person Person as may be designated as “Servicer” from time to time under the RIPARFA) is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent, and the duties of the Collection Agent shall be deemed performed by performance of the Servicer under the RFA pursuant to the terms hereofthereof. In the event of any conflict between the terms of the RFA and this Agreement regarding the duties of the Servicer or Collection Agent, the terms of the RFA shall prevail. Following the RIPA RFA Final Payment Date and so long as a Collection Agent Default has occurred and is continuingDate, the Purchaser Purchaser, by notice to the Sellers, may designate as Collection Agent any Person (including itself) to succeed IR Company the Herc Seller or any successor Collection Agent, if such Person shall consent and agree to the terms hereof. Upon the Herc Seller’s receipt of notice designating a new Collection Agentsuch notice, IR Company the Herc Seller agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its assigneedesignee) believes will facilitate the transition of the performance of such activities to the new Collection Agent, and IR Company the Herc Seller shall use its best efforts to assist the person designated as the new Collection Agent Purchaser (or its designee) to take over the servicing, administration and collection of the Transferred Receivables, including, without limitation, providing access to and copies of all computer tapes or disks and other documents or instruments that evidence or relate to Transferred Receivables maintained in its capacity as Collection Agent and access to all employees and officers of IR Company the Herc Seller responsible with respect thereto. The Collection Agent may subcontract with Club Car (with respect to Receivables originated by Club Car), ormay, with the prior written consent of the Purchaser and its assigneesPurchaser, subcontract with any other Person for the servicing, administration or collection of Transferred Receivables. As of the date of this Agreement, Purchaser provides its consent for the Herc Seller to engage the Cinelease Seller as a subservicer with respect to Transferred Receivables sold to Purchaser by the Cinelease Seller. Any such subcontract shall not affect the Collection Agent’s liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall terminate upon designation of a successor Collection Agent.

Appears in 1 contract

Samples: Purchase and Contribution Agreement (Herc Holdings Inc)

Designation of Collection Agent. The servicing, administration and collection of the Transferred Receivables shall be conducted by such Person (the “Collection Agent”) so designated hereunder from time to time. Until the RIPA Final Payment DatePurchaser or its assignee gives notice to the Seller of the designation of a new Collection Agent, IR Company (or such other person as may be designated from time to time under the RIPA) EIS is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. Following EIS agrees that such notice may be given at any time after the RIPA Final Payment Date occurrence of an Event of Termination or an Incipient Bankruptcy Event of Termination and so long as a Collection Agent Default has occurred and is continuingit shall continue, in the Purchaser’s or assignee’s discretion. Upon EIS’s receipt of such notice, the Purchaser may designate as Collection Agent any Person (including itself) to succeed IR Company or any successor Collection Agent, if such Person shall consent and agree to the terms hereof. Upon the receipt of notice designating a new Collection Agent, IR Company Seller agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its assigneedesignee) believes will facilitate the transition of the performance of such activities to the new Collection Agent, and IR Company EIS shall use its best efforts to assist the person designated as the new Collection Agent Purchaser (or its designee) to take over the servicing, administration and collection of the Transferred Receivables, including, without limitation, providing access to and copies of all computer tapes or disks and other documents or instruments that evidence or relate to Transferred Receivables maintained in its capacity as Collection Agent; provided, however, that such documents or instruments (i) shall not include Contracts or any part or abstract thereof or any confidential information of the Seller or any of its Affiliates, but (ii) shall include sufficient information to enable the Purchaser or its designee or a replacement Collection Agent to administer, collect and access enforce the Transferred Receivables. The Purchaser at any time after giving such notice may designate as Collection Agent any Person (including itself) to all employees succeed EIS or any successor Collection Agent, if such Person shall consent and officers of IR Company responsible with respect theretoagree to the terms hereof. The Collection Agent may subcontract with Club Car (with respect to Receivables originated by Club Car), ormay, with the prior written consent of the Purchaser and its assigneesPurchaser, subcontract with any other Person for the servicing, administration or collection of Transferred Receivables. Any such subcontract shall not affect the Collection Agent’s liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall terminate upon designation of a successor Collection Agent.

Appears in 1 contract

Samples: Purchase and Contribution Agreement (Electronic Data Systems Corp /De/)

Designation of Collection Agent. The servicing, administration and collection of the Transferred Receivables shall be conducted by such Person (the "Collection Agent") so designated hereunder from time to time. Until the RIPA Final Payment DatePurchaser or its assignee gives notice to the Seller of the designation of a new Collection Agent, IR Company (or such other person as may be designated from time to time under the RIPA) Seller is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. Following The Seller agrees that such notice may be given at any time in the RIPA Final Payment Date and so long as a Collection Agent Default has occurred and is continuing, Purchaser's or assignee's discretion after the Purchaser may designate as Collection Agent any Person (including itself) to succeed IR Company occurrence of an Event of Termination or any successor Collection Agent, if such Person shall consent and agree to the terms hereofIncipient Event of Termination. Upon the Seller's receipt of notice designating a new Collection Agentsuch notice, IR Company the Seller agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its assigneedesignee) believes will facilitate the transition of the performance of such activities to the new Collection Agent, and IR Company the Seller shall use its best efforts to assist the person designated as the new Collection Agent Purchaser (or its designee) to take over the servicing, administration and collection of the Transferred Receivables, including, without limitation, providing access to and copies of all computer tapes or disks and other documents or instruments that evidence or relate to Transferred Receivables maintained in its capacity as Collection Agent and access to all employees and officers of IR Company the Seller responsible with respect thereto. The Purchaser at any time after giving such notice may designate as Collection Agent any Person (including itself) to succeed the Seller or any successor Collection Agent, if such Person shall consent and agree to the terms hereof. The Collection Agent may subcontract with Club Car (with respect to Receivables originated by Club Car), orNortheast Utilities Service Company and may, with the prior written consent of the Purchaser and its assigneesPurchaser, subcontract with any other Person for the servicing, administration or collection of Transferred Receivables. Any such subcontract shall not affect the Collection Agent’s 's liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall terminate upon designation of a successor Collection Agent.

Appears in 1 contract

Samples: Purchase and Contribution Agreement (North Atlantic Energy Corp /Nh)

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