Common use of Discounts, Disputes and Returns Clause in Contracts

Discounts, Disputes and Returns. If any Borrower grants any discounts, allowances or credits that are not shown on the face of the invoice for the Account involved, Borrowers shall report such discounts, allowances or credits, as the case may be, to Agent as part of the next required Schedule of Accounts. If any amounts due and owing on Eligible Accounts in excess of $1,000,000 are in dispute between any Borrower and any Account Debtor, or if any returns are made in excess of $500,000 with respect to any Eligible Accounts owing from an Account Debtor, Borrowers shall provide Agent with written notice thereof at the time of submission of the next Schedule of Accounts, and upon Agent’s request, explaining in reasonable detail the reason for the dispute or return, all claims related thereto and the amount in controversy. Upon and after the occurrence of an Event of Default, Agent shall have the right to settle or adjust all disputes and claims directly with the Account Debtor and to compromise the amount or extend the time for payment of any Accounts comprising a part of the Collateral upon such terms and conditions as Agent may deem advisable, and to charge the deficiencies, costs and expenses thereof, including attorneys’ fees, to Borrowers.

Appears in 2 contracts

Samples: Loan and Security Agreement (Integrated Electrical Services Inc), Loan and Security Agreement (Integrated Electrical Services Inc)

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Discounts, Disputes and Returns. If any Borrower grants any discounts, allowances or credits that are not shown on the face of the invoice for the Account involved, Borrowers Borrower shall report such discounts, allowances or credits, as the case may be, be to Agent as part of the next required Schedule of Accounts. If any amounts due and owing on Eligible Accounts in excess of $1,000,000 100,000 are in dispute between any Borrower and any Account Debtor, or if any returns are made in excess of $500,000 100,000 with respect to any Eligible Accounts owing from an Account Debtor, Borrowers Borrower shall provide Agent with written notice thereof at the time of submission of the next Schedule of Accounts, and upon Agent’s request, explaining in reasonable detail the reason for the dispute or return, all claims related thereto and the amount in controversy. Upon and after the occurrence of an Event of Default, Agent shall have the right to settle or adjust all disputes and claims directly with the Account Debtor and to compromise the amount or extend the time for payment of any Accounts comprising a part of the Collateral upon such terms and conditions as Agent may deem advisable, and to charge the deficiencies, costs and expenses thereof, including attorneys’ attorney's fees, to BorrowersBorrower.

Appears in 2 contracts

Samples: Loan and Security Agreement (Drypers Corp), Loan and Security Agreement (Toms Foods Inc)

Discounts, Disputes and Returns. If any Borrower grants any discounts, allowances or credits that are not shown on the face of the invoice for the Account involved, Borrowers Borrower shall report such discounts, allowances or credits, as the case may be, to Agent as part of the next required Schedule of Accounts. If any amounts due and owing on Eligible Accounts in excess of $1,000,000 500,000 are in dispute between any Borrower and any Account Debtor, or if any returns are made in excess of $500,000 with respect to any Eligible Accounts owing from an Account Debtor, Borrowers Borrower shall provide Agent with written notice thereof at the time of submission of the next Schedule of Accounts. At the request of Agent, and upon Agent’s request, explaining Borrower will explain in reasonable detail the reason for the dispute or return, all claims related thereto and the amount in controversy. Upon and after the occurrence of an Event of Default, Agent shall have the right to settle or adjust all disputes and claims directly with the Account Debtor and to compromise the amount or extend the time for payment of any Accounts comprising a part of the Collateral upon such terms and conditions as Agent may deem advisable, and to charge the deficiencies, costs and expenses thereof, including attorneys' fees, to BorrowersBorrower.

Appears in 2 contracts

Samples: Loan and Security Agreement (Dixie Group Inc), Loan and Security Agreement (Dixie Group Inc)

Discounts, Disputes and Returns. If any Borrower grants any discounts, allowances or credits that are not shown on the face of the invoice for the Account involved, Borrowers Borrower shall report such discounts, allowances or credits, as the case may be, be to Agent Lender as part of the next required Schedule of Accounts. If any amounts due and owing on Eligible Accounts in excess of $1,000,000 10,000 are in dispute between any Borrower and any Account Debtor, or if any returns are made in excess of $500,000 10,000 with respect to any Eligible Accounts owing from an Account Debtor, Borrowers Borrower shall provide Agent Lender with written notice thereof at the time of submission of the next Schedule of Accounts, and upon Agent’s request, explaining in reasonable detail the reason for the dispute or return, all claims related thereto and the amount in controversy. Upon and after the occurrence of an Event of Default, Agent Lender shall have the right to settle or adjust all disputes and claims directly with the Account Debtor and to compromise the amount or extend the time for payment of any Accounts comprising a part of the Collateral upon such terms and conditions as Agent Lender may deem advisable, and to charge the deficiencies, costs and expenses thereof, including attorneys' fees, to BorrowersBorrower.

Appears in 2 contracts

Samples: Loan and Security Agreement (Health Systems Solutions Inc), Loan and Security Agreement (Health Systems Solutions Inc)

Discounts, Disputes and Returns. If any Borrower grants any discounts, allowances or credits that are not shown on the face of the invoice for the Account involved, Borrowers Borrower shall report such discounts, allowances or credits, as the case may be, be to Agent Lender as part of the next required Schedule of Accounts. If any amounts due and owing on Eligible Accounts in excess of $1,000,000 50,000 are in dispute between any Borrower and any Account Debtor, or if any returns are made in excess of $500,000 50,000 with respect to any Eligible Accounts owing from an Account Debtor, Borrowers Borrower shall provide Agent Lender with written notice thereof at the time of submission of the next Schedule of Accounts, and upon Agent’s request, explaining in reasonable detail the reason for the dispute or return, all claims related thereto and the amount in controversy. Upon and after the occurrence of an Event of Default, Agent Lender shall have the right to settle or adjust all disputes and claims directly with the Account Debtor and to compromise the amount or extend the time for payment of any Accounts comprising a part of the Collateral upon such terms and conditions as Agent Lender may deem advisable, and to charge the deficiencies, costs and expenses thereof, including attorneys’ fees, to BorrowersBorrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Elandia, Inc.)

Discounts, Disputes and Returns. If any a Borrower grants any discounts, allowances or credits (including co-operative advertising and volume rebates) that are not shown on the face of the invoice for the Account involved, Borrowers shall report such discounts, allowances or credits, as the case may be, be to Agent as part of the next required Schedule of Accounts. If any amounts due and owing on Eligible Accounts in excess of $1,000,000 are in dispute between any a Borrower and any Account Debtor, or if any returns are made in excess of $500,000 1,000,000 with respect to any Eligible Accounts owing from an Account Debtor, Borrowers such Borrower shall provide Agent with written notice thereof at the time of submission of the next Schedule of Accounts, and upon Agent’s request, explaining in reasonable detail the reason for the dispute or return, all claims related thereto and the amount in controversy. Upon and after the occurrence of an Event of Default, Agent shall have the right to settle or adjust all disputes and claims directly with the Account Debtor and to compromise the amount or extend the time for payment of any Accounts comprising of a part of the Collateral Borrower upon such terms and conditions as Agent may deem advisable, and to charge the deficiencies, costs and expenses thereof, including attorneys’ attorney's fees, to Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Remington Arms Co Inc/)

Discounts, Disputes and Returns. If any Borrower grants any discounts, allowances or credits that are not shown on the face of the invoice for the Account involved, Borrowers such Borrower shall report such discounts, allowances or credits, as the case may be, be to Administrative Agent as part of the next required Schedule of Accounts. If any amounts due and owing on Eligible Accounts in excess of $1,000,000 500,000 are in dispute between any Borrower and any Account Debtor, or if any returns are made in excess of $500,000 with respect to any Eligible Accounts owing from an Account Debtor, Borrowers such Borrower shall provide Administrative Agent with written notice thereof at the time of submission of the next Schedule of Accounts, and upon Agent’s request, explaining in reasonable detail the reason for the dispute or return, all claims related thereto and the amount in controversy. Upon and after the occurrence of At any time an Event of DefaultDefault exists, Administrative Agent shall have the right to settle or adjust all disputes and claims directly with the Account Debtor and to compromise the amount or extend the time for payment of any Accounts comprising a part of the Collateral upon such terms and conditions as Administrative Agent may deem advisable, and to charge the deficiencies, costs and expenses thereof, including attorneys’ fees, to Borrowers.

Appears in 1 contract

Samples: Credit and Security Agreement (PNA Group Holding CORP)

Discounts, Disputes and Returns. If any Borrower grants any discounts, allowances or credits that are not shown on the face of the invoice for the Account involved, Borrowers shall report such discounts, allowances or credits, as the case may be, to Agent Lender as part of the next required Schedule of Accounts. If any amounts due and owing on Eligible Accounts in excess of $1,000,000 250,000 are in dispute between any Borrower and any single Account Debtor, or if any returns are made in excess of $500,000 250,000 with respect to any Eligible Accounts owing from an a single Account Debtor, Borrowers shall provide Agent Lender with written notice thereof at the time of submission of the next Schedule of Accounts, and upon Agent’s request, explaining in reasonable detail the reason for the dispute or return, all claims related thereto and the amount in controversy. Upon and after the occurrence of At any time an Event of DefaultDefault exists, Agent Lender shall have the right to settle or adjust all disputes and claims directly with the Account Debtor and to compromise the amount or extend the time for payment of any Accounts comprising a part of the Collateral upon such terms and conditions as Agent Lender may deem advisable, and to charge the deficiencies, costs and expenses thereof, including attorneys’ fees, to Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Artesyn Technologies Inc)

Discounts, Disputes and Returns. If any Borrower Obligor grants any discounts, allowances or credits that are not shown on the face of the invoice for the Account involved, Borrowers such Obligor shall report such discounts, allowances or credits, as the case may be, be to Agent as part of the next required Schedule of Accounts. If any amounts due and owing on Eligible Accounts in excess of $1,000,000 2,500,000 are in dispute between any Borrower Obligor and any Account Debtor, or if any returns are made in excess of $500,000 2,500,000 with respect to any Eligible Accounts owing from an Account Debtor, Borrowers such Obligor shall provide Agent with written notice thereof at the time of submission of the next Schedule of Accounts, and upon Agent’s request, explaining in reasonable detail the reason for the dispute or return, all claims related thereto and the amount in controversy. Upon and after the occurrence of At any time an Event of DefaultDefault exists, Agent shall have the right to settle or adjust all disputes and claims directly with the Account Debtor and to compromise the amount or extend the time for payment of any Accounts comprising a part of the Collateral upon such terms and conditions as Agent may deem advisable, and to charge the deficiencies, costs and expenses thereof, including attorneys’ fees, to Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Mastec Inc)

Discounts, Disputes and Returns. If any Borrower grants any discounts, allowances or credits that are not shown on the face of the invoice for the Account involved, Borrowers shall report such discounts, allowances or credits, as the case may be, to Agent as part of the next required Schedule of Accounts. If any amounts due and owing on Eligible Accounts in excess of $1,000,000 500,000 are in dispute between any Borrower and any Account Debtor, or if any returns are made in excess of $500,000 with respect to any Eligible Accounts owing from an Account Debtor, Borrowers shall provide Agent with written notice thereof at the time of submission of the next Schedule of Accounts, and upon Agent’s request, explaining in reasonable detail the reason for the dispute or return, all claims related thereto and the amount in controversy. Upon and after the occurrence of At any time an Event of DefaultDefault exists, Agent shall have the right to settle or adjust all disputes and claims directly with the Account Debtor and to compromise the amount or extend the time for payment of any Accounts comprising a part of the Collateral upon such terms and conditions as Agent may deem advisable, and to charge the deficiencies, costs and expenses thereof, including attorneys’ fees, to Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Rowe Companies)

Discounts, Disputes and Returns. If any Borrower grants any discounts, allowances or credits that are not shown on the face of the invoice for the Account involved, Borrowers shall report such discounts, allowances or credits, as the case may be, to Agent as part of the next required Schedule of Accounts. If any amounts due and owing on Eligible Accounts in excess of $1,000,000 are in dispute between any Borrower and any Account Debtor, or if any returns are made in excess of $500,000 with respect to any Eligible Accounts owing from an Account Debtor, Borrowers shall provide Agent with written notice thereof at the time of submission of the next Schedule of Accounts, and upon Agent’s 's request, explaining in reasonable detail the reason for the dispute or return, all claims related thereto and the amount in controversy. Upon and after the occurrence of an Event of Default, Agent shall have the right to settle or adjust all disputes and claims directly with the Account Debtor and to compromise the amount or extend the time for payment of any Accounts comprising a part of the Collateral upon such terms and conditions as Agent may deem advisable, and to charge the deficiencies, costs and expenses thereof, including attorneys' fees, to Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Integrated Electrical Services Inc)

Discounts, Disputes and Returns. If any a Borrower grants any discounts, allowances or credits (including co-operative advertising and volume rebates) that are not shown on the face of the invoice for the Account involved, Borrowers shall report such discounts, allowances or credits, as the case may be, be to Agent as part of the next required Schedule of Accounts. If any amounts due and owing on Eligible Accounts in excess of $1,000,000 are in dispute between any a Borrower and any Account Debtor, or if any returns are made in excess of $500,000 1,000,000 with respect to any Eligible Accounts owing from an Account Debtor, Borrowers such Borrower shall provide Agent with written notice thereof at the time of submission of the next Schedule of Accounts, and upon Agent’s request, explaining in reasonable detail the reason for the dispute or return, all claims related thereto and the amount in controversy. Upon and after the occurrence of an Event of Default, Agent shall have the right to settle or adjust all disputes and claims directly with the Account Debtor and to compromise the amount or extend the time for payment of any Accounts comprising of a part of the Collateral Borrower upon such terms and conditions as Agent may deem advisable, and to charge the deficiencies, costs and expenses thereof, including attorneys’ attorney’s fees, to Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Remington Arms Co Inc/)

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Discounts, Disputes and Returns. If any Borrower grants any discounts, allowances or credits that are not shown on the face of the invoice for the Account involved, Borrowers shall report such discounts, allowances or credits, as the case may be, be to Agent as part of the next required Schedule of Accounts. If any amounts due and owing on Eligible Accounts in excess of $1,000,000 500,000 are in dispute between any Borrower and any Account Debtor, or if any returns are made in excess of $500,000 with respect to any Eligible Accounts owing from an Account Debtor, Borrowers shall provide Agent with written notice thereof at the time of submission of the next Schedule of Accounts, and upon Agent’s request, explaining in reasonable detail the reason for the dispute or return, all claims related thereto and the amount in controversy. Upon and after the occurrence of If an Event of DefaultDefault exists, Agent shall have the right to settle or adjust all disputes and claims directly with the Account Debtor and to compromise the amount or extend the time for payment of any Accounts comprising a part of the Collateral upon such terms and conditions as Agent may deem advisable, and to charge the deficiencies, costs and expenses thereof, including attorneys’ attorney's fees, to Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Tropical Sportswear Co Inc)

Discounts, Disputes and Returns. If any Borrower grants any discounts, allowances or credits that are not shown on the face of the invoice for the Account involved, Borrowers such Borrower shall report such discounts, allowances or credits, as the case may be, be to Agent as part of the next required Schedule of Accounts. If any amounts due and owing on Eligible Accounts in excess of $1,000,000 500,000 are in dispute between any Borrower and any Account Debtor, or if any returns are made in excess of $500,000 with respect to any Eligible Accounts owing from an Account Debtor, Borrowers such Borrower shall provide Agent with written notice thereof at the time of submission of the next Schedule of Accounts, and upon Agent’s request, explaining in reasonable detail the reason for the dispute or return, all claims related thereto and the amount in controversy. Upon and after the occurrence of At any time an Event of DefaultDefault exists, Agent shall have the right to settle or adjust all disputes and claims directly with the Account Debtor and to compromise the amount or extend the time for payment of any Accounts comprising a part of the Collateral upon such terms and conditions as Agent may deem advisable, and to charge the deficiencies, costs and expenses thereof, including attorneys' fees, to Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Tropical Sportswear International Corp)

Discounts, Disputes and Returns. If any Borrower grants any discounts, allowances or credits that are not shown on the face of the invoice for the Account involved, Borrowers such Borrower shall report such discounts, allowances or credits, as the case may be, to Agent as part of the next required Schedule of Accounts. If any amounts due and owing on Eligible Accounts in excess of $1,000,000 250,000 are in dispute between any Borrower and any Account Debtor, or if any returns are made in excess of $500,000 250,000 with respect to any Eligible Accounts owing from an Account Debtor, Borrowers such Borrower shall provide Agent with written notice thereof at the time of submission of the next Schedule of Accounts, and upon Agent’s request, explaining in reasonable detail the reason for the dispute or return, all claims related thereto and the amount in controversy. Upon and after the occurrence of At any time an Event of DefaultDefault exists, Agent shall have the right to settle or adjust all disputes and claims directly with the Account Debtor and to compromise the amount or extend the time for payment of any Accounts comprising a part of the Collateral upon such terms and conditions as Agent may deem advisable, and to charge the deficiencies, costs and expenses thereof, including attorneys' fees, to Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Tropical Sportswear International Corp)

Discounts, Disputes and Returns. If any a Borrower grants any discounts, allowances or credits that are not shown on the face of the invoice for the Account involved, Borrowers shall report such discounts, allowances or credits, as the case may be, be to Agent Lender as part of the next required Schedule of Accounts. If any amounts due and owing on Eligible Accounts in excess of $1,000,000 100,000 are in dispute between any Borrower Borrowers and any Account Debtor, or if any returns are made in excess of $500,000 100,000 with respect to any Eligible Accounts owing from an Account Debtor, Borrowers shall provide Agent Lender with written notice thereof at the time of submission of the next Schedule of Accounts, and upon Agent’s request, explaining in reasonable detail the reason for the dispute or return, all claims related thereto and the amount in controversy. Upon and after the occurrence of an Event of Default, Agent Lender shall have the right to settle or adjust all disputes and claims directly with the Account Debtor and to compromise the amount or extend the time for payment of any Accounts comprising a part of the Collateral upon such terms and conditions as Agent Lender may deem advisable, and to charge the deficiencies, costs and expenses thereof, including attorneys' fees, to Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Cmi Industries Inc)

Discounts, Disputes and Returns. If any Borrower grants any discounts, allowances or credits that are not shown on the face of the invoice for the Account involved, Borrowers Borrower shall report such discounts, allowances or credits, as the case may be, to Agent as part of the next required Schedule of Accounts. If any amounts due and owing on Eligible Accounts in excess of $1,000,000 500,000 are in dispute between any Borrower and any Account Debtor, or if any returns are made in excess of $500,000 with respect to any Eligible Accounts owing from an Account Debtor, Borrowers Borrower shall provide Agent with written notice thereof at the time of submission of the next Schedule of Accounts, and upon Agent’s request, explaining in reasonable detail the reason for the dispute or return, all claims related thereto and the amount in controversy. Upon and after the occurrence of an Event of Default, Agent shall have the right to settle or adjust all disputes and claims directly with the Account Debtor and to compromise the amount or extend the time for payment of any Accounts comprising a part of the Collateral upon such terms and conditions as Agent may deem advisable, and to charge the deficiencies, costs and expenses thereof, including attorneys' fees, to BorrowersBorrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Dixie Group Inc)

Discounts, Disputes and Returns. If any Borrower Obligor grants any discounts, allowances or credits that are not shown on the face of the invoice for the Account involved, Borrowers such Obligor shall report such discounts, allowances or credits, as the case may be, be to Agent as part of the next required Schedule of Accounts. If any amounts due and owing on Eligible Accounts in excess of $1,000,000 2,500,000 are in dispute between any Borrower Obligor and any Account Debtor, or if any returns are made in excess of $500,000 2,500,000 with respect to any Eligible Accounts owing from an Account Debtor, Borrowers such Obligor shall provide Agent with written notice thereof at the time of submission of the next Schedule of Accounts, and upon Agent’s request, explaining in reasonable detail the reason for the dispute or return, all claims related thereto and the amount in controversy. Upon and after the occurrence of At any time an Event of DefaultDefault exists, Agent shall have the right to settle or adjust all disputes and claims directly with the Account Debtor and to compromise the amount or extend the time for payment of any Accounts comprising a part of the Collateral upon such terms and conditions as Agent may deem advisable, and to charge the deficiencies, costs and expenses thereof, including attorneys' fees, to Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Mastec Inc)

Discounts, Disputes and Returns. If any Borrower grants any discounts, allowances or credits that are not shown on the face of the invoice for the Account involved, Borrowers Borrower shall report such discounts, allowances or credits, as the case may be, be to Agent as part of the next required Schedule of Accounts. If any amounts due and owing on Eligible Accounts in excess of $1,000,000 100,000 are in dispute between any Borrower and any Account Debtor, or if any returns are made in excess of $500,000 25,000 with respect to any Eligible Accounts owing from an Account Debtor, Borrowers Borrower shall provide Agent with written notice thereof at the time of submission of the next Schedule of Accounts, and upon Agent’s request, explaining in reasonable detail the reason for the dispute or return, all claims related thereto and the amount in controversy. Upon and after the occurrence of At any time that an Event of DefaultDefault exists, Agent shall have the right to settle or adjust all disputes and claims directly with the Account Debtor and to compromise the amount or extend the time for payment of any Accounts comprising a part of the Collateral upon such terms and conditions as Agent may deem advisable, and to charge the any deficiencies, costs and expenses thereof, including reasonable attorneys' fees, to Borrowersshall constitute part of the Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Metromedia International Group Inc)

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