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 $250,000 are in dispute between the Account Debtor and any Borrower, the Borrowers' Agent shall provide the Agent with prompt written notice thereof. (b) The Borrowers' Agent shall notify the Agent promptly of all material returns and credits 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 $250,000 in the amount payable with respect to any Receivable or of more than $500,000 with respect to all Receivables in any fiscal year of the Borrower, and (ii) the Agent is promptly notified of the amount of such adjustments and the Receivable(s) affected thereby.

Appears in 1 contract

Samples: Loan and Security Agreement (Galileo Corp)

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Disputes, Returns and Adjustments. (a) In the event amounts due and owing under any Receivable in excess of $250,000 100,000 are in dispute between the Account Debtor and any a Borrower, the Borrowers' Agent shall provide the Agent with prompt written notice thereof. (b) The Borrowers' Agent shall notify the Agent promptly of all material returns and credits in excess of $250,000 150,000 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 $250,000 100,000 in the amount payable with respect to any Receivable or of more than $500,000 1,000,000 with respect to all Receivables in any fiscal year of the BorrowerBorrowers, and (ii) the Agent is promptly notified of the amount of such adjustments and the Receivable(s) affected thereby.

Appears in 1 contract

Samples: Loan and Security Agreement (Supreme International Corp)

Disputes, Returns and Adjustments. (a) In the event amounts due and owing under any Receivable in excess of $250,000 10,000 are in dispute between the Account Debtor and any the Borrower, the Borrowers' Agent Borrower shall provide the Agent with prompt written notice thereof. (b) The Borrowers' Agent Borrower shall notify the Agent promptly of all material returns and credits in excess of $250,000 15,000 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 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 $250,000 10,000 in the amount payable with respect to any Receivable or of more than $500,000 100,000 with respect to all Receivables in any fiscal year of the Borrower, and (ii) the Agent is promptly notified of the amount of such adjustments and the Receivable(s) affected thereby.

Appears in 1 contract

Samples: Loan and Security Agreement (Supreme International Corp)

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Disputes, Returns and Adjustments. (a) In the event amounts due and owing under any Receivable in excess of $250,000 50,000 are in dispute between the Account Debtor and any the Borrower, the Borrowers' Agent Borrower shall provide the Agent Lender with prompt written notice thereof. (b) The Borrowers' Agent Borrower shall notify the Agent Lender promptly of all material 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 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 thereonthereon (an "ADJUSTMENT"); PROVIDED that (i) no such action Adjustment results in the reduction of more than $250,000 75,000 in the amount payable with respect to any Receivable or of more than $500,000 200,000 with respect to all Receivables in any fiscal year of the Borrower, and (ii) the Agent Lender is promptly notified of the amount of such adjustments any Adjustment in excess of $10,000 for any Receivable, and the Receivable(s) affected thereby.

Appears in 1 contract

Samples: Loan and Security Agreement (Airport Systems International Inc)

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