Direction to Account Debtors; Contracting Parties; etc. Upon the occurrence and during the continuance of an Event of Default and delivery of notice to the Borrower in accordance with Section 10 of the Credit Agreement to the extent such notice is required pursuant to Section 10 of the Credit Agreement, and if the Collateral Agent so directs each Pledgor, to the extent permitted by applicable law, each Pledgor agrees (x) to cause all payments on account of the Accounts and Contracts to be made directly the Cash Collateral Account, (y) that the Collateral Agent may, at its option, directly notify the obligors with respect to any Accounts and/or under any Contracts to make payments with respect thereto as provided in preceding clause (x), and (z) that the Collateral Agent may enforce collection of any such Accounts and Contracts and may adjust, settle or compromise the amount of payment thereof, in the same manner and to the same extent as such Pledgor. Without notice to or assent by any Pledgor, the Collateral Agent may apply any or all amounts then in, or thereafter deposited in, the Cash Collateral Account which application shall be effected in the manner provided in Section 7.4 of this Agreement. The reasonable costs and expenses (including reasonable attorneys' fees) of collection, whether incurred by any Pledgor or the Collateral Agent, shall be borne by the Pledgors.
Appears in 2 contracts
Samples: Security Agreement (Appliance Warehouse of America Inc), Security Agreement (Coinmach Corp)
Direction to Account Debtors; Contracting Parties; etc. Upon the occurrence and during the continuance of an Event of Default and delivery of notice to the Borrower Pledgor in accordance with Section 10 of the Credit Agreement to the extent such notice is required pursuant to Section 10 Article X of the Credit Agreement, and if the Collateral Agent so directs each the Pledgor, to the extent permitted by applicable law, each the Pledgor agrees (x) to cause all payments on account of the Accounts Receivables and Contracts to be made directly to the Cash Collateral Account, (y) that the Collateral Agent may, at its option, directly notify the obligors with respect to any Accounts Receivables and/or under any Contracts to make payments with respect thereto as provided in preceding clause (x), and (z) that the Collateral Agent may enforce collection of any such Accounts Receivables and Contracts and may adjust, settle or compromise the amount of payment thereof, in the same manner and to the same extent as such the Pledgor. Without notice to or assent by any the Pledgor, the Collateral Agent may apply any or all amounts then in, or thereafter deposited in, the Cash Collateral Account which application shall be effected in the manner provided in Section 7.4 of this Agreement. The reasonable costs and expenses (including reasonable attorneys' fees) of collection, whether incurred by any the Pledgor or the Collateral Agent, shall be borne by the PledgorsPledgor.
Appears in 2 contracts
Samples: Security Agreement (Coinmach Corp), Security Agreement (Coinmach Laundry Corp)
Direction to Account Debtors; Contracting Parties; etc. Upon the occurrence and during the continuance of an Event of Default and delivery of notice thereof to the Borrower Company in accordance with Section 10 Article Six of the Credit Agreement Indenture to the extent such notice is required pursuant to Section 10 Article Six of the Credit AgreementIndenture, and if the Collateral Agent so directs each Pledgor, to the extent permitted by applicable law, each Pledgor agrees (x) to cause all payments on account of the Accounts and Contracts to be made directly to the Cash Collateral Account, (y) that the Collateral Agent may, at its option, may directly notify the obligors with respect to any Accounts and/or under any Contracts to make payments with respect thereto as provided in preceding clause (x), and (z) that the Collateral Agent may enforce collection of any such Accounts and Contracts and may adjust, settle or compromise the amount of payment thereof, in the same manner and to the same extent as such Pledgor. Without notice to or assent by any Pledgor, the Collateral Agent may apply any or all amounts then in, or thereafter deposited in, the Cash Collateral Account which application shall be effected in the manner provided in Section 7.4 of this Agreement. The reasonable costs and expenses (including reasonable attorneys' ’ fees) of collection, whether incurred by any Pledgor or the Collateral Agent, shall be borne by the Pledgors.
Appears in 2 contracts
Samples: Security Agreement (Coinmach Service Corp), Indenture (Coinmach Service Corp)
Direction to Account Debtors; Contracting Parties; etc. Upon the occurrence and during the continuance of an Event of Default and delivery of notice thereof to the Borrower Company in accordance with Section 10 Article Six of the Credit Agreement Indenture to the extent such notice is required pursuant to Section 10 Article Six of the Credit AgreementIndenture, and if the Collateral Agent so directs each Pledgor, to the extent permitted by applicable law, each Pledgor agrees (x) to cause all payments on account of the Accounts and Contracts to be made directly to the Cash Collateral Account, (y) that the Collateral Agent may, at its option, directly notify the obligors with respect to any Accounts and/or under any Contracts to make payments with respect thereto as provided in preceding clause (x), and (z) that the Collateral Agent may enforce collection of any such Accounts and Contracts and may adjust, settle or compromise the amount of payment thereof, in the same manner and to the same extent as such Pledgor. Without notice to or assent by any Pledgor, the Collateral Agent may apply any or all amounts then in, or thereafter deposited in, the Cash Collateral Account which application shall be effected in the manner provided in Section 7.4 of this Agreement. The reasonable costs and expenses (including reasonable attorneys' fees) of collection, whether incurred by any Pledgor or the Collateral Agent, shall be borne by the Pledgors.
Appears in 1 contract
Samples: Security Agreement (Appliance Warehouse of America Inc)