Common use of Disputes, Returns and Adjustments Clause in Contracts

Disputes, Returns and Adjustments. (a) In the event amounts due and owing under any Receivable in excess of $300,000 are in dispute between the Account Debtor and the Borrowers, the Borrowers shall provide the Lender with prompt written notice thereof. (b) The Borrowers shall notify the Lender promptly of all material returns, credits, offsets or charges in excess of $250,000 in respect of any Receivable, which notice shall specify the Receivables affected. (c) The Borrowers may, in the ordinary course of business and prior to a Default or an Event of Default, grant any extension of time for payment of any Receivable or compromise, compound or settle the same for less than the full amount thereof or release wholly or partly any Person liable for the payment thereof or allow any credit or discount whatsoever thereon; provided that (i) no such action results in the reduction of more than $100,000 in the amount payable with respect to any Receivable of more than $300,000 with respect to all Receivables in any fiscal year of the Borrowers, and (ii) the Lender is promptly notified of the amount of such adjustments and the Receivable(s) affected thereby.

Appears in 1 contract

Samples: Loan and Security Agreement (Intellicall Inc)

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Disputes, Returns and Adjustments. (a) In the event any amounts due and owing under any Receivable for an amount in excess of $300,000 250,000 are in dispute between the Account Debtor and the Borrowersrelevant Borrower, the Borrowers such Borrower shall provide the Lender Agent with prompt written notice thereof. (b) The Borrowers Each Borrower shall notify the Lender Agent promptly of all material returns, credits, offsets or charges returns and credits in excess of $250,000 50,000 in respect of any Receivable, which notice shall specify the Receivables Receivable affected. (c) The Borrowers Each Borrower may, in the ordinary course of business and prior to unless a Default or an Event of DefaultDefault has occurred and is continuing, grant any extension of time for payment of any Receivable or compromise, compound or settle the same for less than the full amount thereof thereof, or release wholly or partly any Person liable for the payment thereof thereof, or allow any credit or discount whatsoever thereontherein; provided that (i) no such action results in the reduction of more than $100,000 50,000 in the amount payable with respect to any Receivable or of more than $300,000 250,000 with respect to all Receivables of the Borrowers in any fiscal year Fiscal Year (in each case, excluding the allowance of credits or discounts generally available to Account Debtors in the Borrowers, ordinary course of each Borrowers business and (ii) appropriate adjustments to the Lender is promptly notified accounts of Account Debtors in the amount ordinary course of such adjustments and the Receivable(s) affected therebybusiness).

Appears in 1 contract

Samples: Loan and Security Agreement (Collins Industries Inc)

Disputes, Returns and Adjustments. (a) In the event amounts due and owing under (i) any Receivable in excess of $300,000 50,000 individually or (ii) any Receivables in excess of $100,000 in the aggregate are in dispute between the any Account Debtor and the Borrowersany Borrower, the Borrowers such Borrower shall provide the Lender with prompt written notice thereof. (b) The Borrowers Each Borrower shall notify the Lender promptly of all material returns, credits, offsets or charges returns and credits in excess of $250,000 50,000 in respect of any Receivable, which notice shall specify the Receivables affected. (c) The Borrowers Each Borrower may, in the ordinary course of business and prior to a Default or an Event of Default, grant any extension of time for payment of any Receivable or compromise, compound or settle the same for less than the full amount thereof or release wholly or partly any Person liable for the payment thereof or allow any credit or discount whatsoever thereon; provided that (i) no such action results in the reduction of more than $100,000 50,000 in the amount payable with respect to any Receivable or of more than $300,000 200,000 with respect to all Receivables in any fiscal year of the Borrowerssuch Borrower, and (ii) the Lender is promptly notified of the amount of such adjustments and the Receivable(s) affected thereby.

Appears in 1 contract

Samples: Loan and Security Agreement (Denali Inc)

Disputes, Returns and Adjustments. (a) In the event amounts due and owing under any Receivable in excess of $300,000 100,000 are in dispute between the Account Debtor and the BorrowersBorrower, the Borrowers Borrower shall provide the Lender with prompt written notice thereof. (b) The Borrowers Borrower shall notify the Lender promptly of all material returns, credits, offsets or charges returns and credits in excess of $250,000 100,000 in respect of any Receivable, which notice shall specify the Receivables affected. (c) The Borrowers Borrower may, in the ordinary course of business and prior to a Default or business, unless an Event of DefaultDefault shall have then occurred and be continuing, grant any extension of time for payment of any Receivable or compromise, compound or settle the same for less than the full amount thereof or release wholly or partly any Person liable for the payment thereof or allow any credit or discount whatsoever thereon; provided that (i) no such action results in the reduction of more than $100,000 in the amount payable with respect to any Receivable or of more than $300,000 250,000 with respect to all Receivables in any fiscal year of the Borrowers, and (ii) the Lender is promptly notified of the amount of such adjustments and the Receivable(s) affected therebyBorrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Shoneys Inc)

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Disputes, Returns and Adjustments. (a) In the event amounts due and owing under any Receivable account in excess of $300,000 75,000 are in dispute between the Account Debtor and the BorrowersBorrower, the Borrowers Borrower shall provide the Lender with prompt written notice thereof. (b) The Borrowers Borrower shall notify the Lender promptly of all material returns, credits, offsets or charges in excess of $250,000 returns and credits in respect of any Receivableaccount, which notice shall specify the Receivables accounts affected and be included in the Borrowing Base Certificate delivered to Lender in accordance with SECTION 8.3(e). If Borrower becomes aware of any pending return or credit in excess of $75,000, Borrower shall notify Lender promptly thereof and shall specify the account affected, the related Account Debtor and the goods to be returned. (c) The Borrowers Borrower may, in the ordinary course of business and prior to a Default or an Event of Default, grant any extension of time for payment of any Receivable account or compromise, compound or settle the same for less than the full amount thereof or release wholly or partly any Person liable for the payment thereof or allow any credit or discount whatsoever thereon; provided PROVIDED that (i) no such action results in the reduction of more than $100,000 in the amount payable with respect to any Receivable of more than $300,000 with respect to all Receivables in any fiscal year of the Borrowers, and (ii) the Lender is promptly notified of the amount of such adjustments and the Receivable(s) affected thereby.to

Appears in 1 contract

Samples: Loan and Security Agreement (TBM Holdings Inc)

Disputes, Returns and Adjustments. (a) In the event any amounts due and owing under any Receivable for an amount in excess of $300,000 500,000 are in dispute between the Account Debtor and the BorrowersBorrower, the Borrowers Borrower shall provide the Lender Agent with prompt written notice thereof. (b) The Borrowers Borrower shall notify the Lender Agent promptly of all material returns, credits, offsets or charges returns and credits in excess of $250,000 350,000 in respect of any Receivable, which notice shall specify the Receivables Receivable affected. (c) The Borrowers Borrower may, in the ordinary course of business and prior to a Default or unless an Event of DefaultDefault has occurred and is continuing, grant any extension of time for payment of any Receivable or compromise, compound or settle the same for less than the full amount thereof thereof, or release wholly or partly any Person liable for the payment thereof thereof, or allow any credit or discount whatsoever thereontherein; provided that (i) no such action results in the reduction of more than $100,000 500,000 in the amount payable with respect to any Receivable (excluding the allowance of more than $300,000 with respect credits or discounts generally available to all Receivables Account Debtors in any fiscal year the ordinary course of the Borrowers, Borrower's business and (ii) appropriate adjustments to the Lender is promptly notified accounts of Account Debtors in the amount ordinary course of such adjustments and the Receivable(s) affected therebybusiness).

Appears in 1 contract

Samples: Loan and Security Agreement (Ithaca Industries Inc)

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