Common use of Designation of Collection Agent Clause in Contracts

Designation of Collection Agent. The servicing, administration and collection of the Pool Receivables shall be conducted by such Person (the "Collection Agent") so designated from time to time in accordance with this Section 6.01. Until the Agent gives notice to the Seller of a designation of a new Collection Agent, the Originator is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. The Agent, at any time after the occurrence of an Event of Termination or Incipient Event of Termination, upon notice to the Seller, may designate as Collection Agent any Person (including itself) to succeed the Originator or any successor Collection Agent, on the condition in each case that any such Person so designated agrees in writing (a) to perform the duties and obligations of the Collection Agent pursuant to the terms hereof and (b) to adhere to the provisions of Section 11.07, which agreement shall survive the termination of this Agreement or such writing. For purposes of satisfying the condition contained in the preceding sentence, the Agent hereby agrees that if and when it shall designate itself as the Collection Agent it shall perform the duties and obligations of the Collection Agent pursuant to the terms hereof. The Collection Agent may subcontract with Northeast Utilities Service Company and may, upon 45 days' notice to the Seller, with the prior consent of the Agent, subcontract with any other Person for the administration and collection of the Pool Receivables, provided that the Collection Agent shall remain liable for the performance of the duties and obligations of the Collection Agent pursuant to the terms hereof. In performing its duties as Collection Agent, the Collection Agent shall exercise the same care and apply the same policies as it would exercise and apply if it owned such Receivables and shall act in the best interests of the Seller, the Purchasers and the Banks.

Appears in 2 contracts

Samples: Receivables Purchase and Sale Agreement (Northeast Utilities System), Purchase and Sale Agreement (North Atlantic Energy Corp /Nh)

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Designation of Collection Agent. The servicing, administration and collection of the Pool 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 in accordance with this Section 6.01. Until under the Agent gives notice to the Seller of a designation of a new Collection Agent, the Originator RIPA) is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. The AgentFollowing the RIPA Final Payment Date and so long as a Collection Agent Default has occurred and is continuing, at any time after the occurrence of an Event of Termination or Incipient Event of Termination, upon notice to the Seller, Purchaser may designate as Collection Agent any Person (including itself) to succeed the Originator IR Company or any successor Collection Agent, on the condition in each case that any if such Person so designated agrees in writing (a) to perform the duties shall consent and obligations of the Collection Agent pursuant to the terms hereof and (b) to adhere to the provisions of Section 11.07, which agreement shall survive the termination of this Agreement or such writing. For purposes of satisfying the condition contained in the preceding sentence, the Agent hereby agrees that if and when it shall designate itself as the Collection Agent it shall perform the duties and obligations of the Collection Agent pursuant 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 Northeast Utilities Service Company and may, upon 45 days' notice to the Seller, or, with the prior written consent of the AgentPurchaser and its assignees, subcontract with any other Person for the servicing, administration and or collection of the Pool Transferred Receivables, provided that . Any such subcontract shall not affect the Collection Agent shall remain liable Agent’s liability for the performance of the its duties and obligations of the Collection Agent pursuant to the terms hereof. In performing its duties as , and any such subcontract shall terminate upon designation of a successor Collection Agent, the Collection Agent shall exercise the same care and apply the same policies as it would exercise and apply if it owned such Receivables and shall act in the best interests of the Seller, the Purchasers and the Banks.

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 Pool 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 in accordance with this Section 6.01. Until under the Agent gives notice to the Seller of a designation of a new Collection Agent, the Originator RIPA) is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. The AgentFollowing the RIPA Final Payment Date and so long as a Collection Agent Default has occurred and is continuing, at any time after the occurrence of an Event of Termination or Incipient Event of Termination, upon notice to the Seller, Purchaser may designate as Collection Agent any Person (including itself) to succeed the Originator IR Company or any successor Collection Agent, on the condition in each case that any if such Person so designated agrees in writing (a) to perform the duties shall consent and obligations of the Collection Agent pursuant to the terms hereof and (b) to adhere to the provisions of Section 11.07, which agreement shall survive the termination of this Agreement or such writing. For purposes of satisfying the condition contained in the preceding sentence, the Agent hereby agrees that if and when it shall designate itself as the Collection Agent it shall perform the duties and obligations of the Collection Agent pursuant 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 Northeast Utilities Service Company and mayClub Car (with respect to Receivables originated by Club Car), upon 45 days' notice to the Selleror, with the prior written consent of the AgentPurchaser and its assignees, subcontract with any other Person for the servicing, administration and or collection of the Pool Transferred Receivables, provided that . Any such subcontract shall not affect the Collection Agent shall remain liable Agent’s liability for the performance of the its duties and obligations of the Collection Agent pursuant to the terms hereof. In performing its duties as , and any such subcontract shall terminate upon designation of a successor Collection Agent, the Collection Agent shall exercise the same care and apply the same policies as it would exercise and apply if it owned such Receivables and shall act in the best interests of the Seller, the Purchasers and the Banks.

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 Pool Set Receivables shall be conducted by such Person (the "Collection Agent") so designated from time to time in accordance with this Section 6.01. Until the Agent gives notice to the Seller of a designation of a new Collection Agent, the Originator Seller is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. The Agent, at any time after the occurrence of an Event of Termination or Incipient Event of Termination, upon notice to the Seller, may designate as Collection Agent any Person (including itself) to succeed the Originator Seller or any successor Collection Agent, on the condition in each case that any such Person so designated agrees in writing (a) to perform the duties and obligations of the Collection Agent pursuant to the terms hereof and (b) to adhere to the provisions of Section 11.07, which agreement shall survive the termination of this Agreement or such writing. For purposes of satisfying the condition contained in the preceding sentence, the Agent hereby agrees that if and when it shall designate itself as the Collection Agent it shall perform the duties and obligations of the Collection Agent pursuant to the terms hereof. The Collection Agent may subcontract with Northeast Utilities Service Company and may, upon 45 days' notice to the Seller, with the prior consent of the Agent, subcontract with any other Person for the administration and collection of the Pool Set Receivables, provided that the Collection Agent shall remain liable for the performance of the duties and obligations of the Collection Agent pursuant to the terms hereof. In performing its duties as Collection Agent, the Collection Agent shall exercise the same care and apply the same policies as it would exercise and apply if it owned such Receivables and shall act in the best interests of the Seller, the Purchasers and the Banks.

Appears in 1 contract

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

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