Common use of Eligible Accounts Clause in Contracts

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' business, owed to Borrowers without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Eligible Account, such Account is not:

Appears in 8 contracts

Samples: Loan and Security Agreement (Climachem Inc), Loan and Security Agreement (P Com Inc), Loan and Security Agreement (Cyrk Inc)

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Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' Borrower's business, owed to Borrowers Borrower without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Eligible Account, such Account is not:

Appears in 4 contracts

Samples: Loan and Security Agreement (Special Devices Inc /De), Loan and Security Agreement (Leapfrog Enterprises Inc), Loan and Security Agreement (Northland Cranberries Inc /Wi/)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' business, owed to Borrowers without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Eligible Account, such Account is not:

Appears in 4 contracts

Samples: Loan and Security Agreement (LSB Industries Inc), Loan and Security Agreement (LSB Industries Inc), Loan and Security Agreement (LSB Industries Inc)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' Borrower’s business, owed to Borrowers Borrower without any known defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Account that is identified by Borrower as an Eligible AccountAccount in a borrowing base report submitted to Agent, such Account is not:not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Accounts.

Appears in 3 contracts

Samples: Possession Loan and Security Agreement, Loan and Security Agreement (Sharper Image Corp), Loan and Security Agreement (Sharper Image Corp)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' business, owed to Borrowers without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Account that is identified by Administrative Borrower as an Eligible AccountAccount in a borrowing base report submitted to Agent, such Account is not:not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Accounts.

Appears in 3 contracts

Samples: Loan and Security Agreement (Advanced Lighting Technologies Inc), Contingent Warrant Agreement (Advanced Lighting Technologies Inc), Loan and Security Agreement (Amtrol Inc /Ri/)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created obligations. The property and services giving rise to such Eligible Accounts has been delivered or rendered to the account debtor or to the account debtor’s agent for immediate and unconditional acceptance by the sale and delivery account debtor. Borrower has not received notice of Inventory actual or the rendition imminent Insolvency Proceeding of services to such Account Debtors any account debtor that is included in the ordinary course of Borrowers' business, owed to Borrowers without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each any Borrowing Base Certificate as an Eligible Account, such Account is not:.

Appears in 2 contracts

Samples: Loan and Security Agreement (Inari Medical, Inc.), Loan and Security Agreement (Inari Medical, Inc.)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' the Borrower's business, owed to Borrowers the Borrower without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Eligible Account, such Account is not:

Appears in 2 contracts

Samples: Credit and Security Agreement (Pro Dex Inc), Credit and Security Agreement (Pro Dex Inc)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' Subsidiary Borrower's business, owed to Borrowers Subsidiary Borrower without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Eligible Account, such Account is not:not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Accounts.

Appears in 2 contracts

Samples: Loan Agreement (Palm Inc), Loan Agreement (Palm Inc)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' the Borrower’s business, owed to Borrowers the Borrower without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Eligible Account, such Account is not:

Appears in 2 contracts

Samples: Credit and Security Agreement and Waiver of Defaults (Corsair Components, Inc.), Credit and Security Agreement (Corsair Components, Inc.)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' a Borrower's business, and, to the Knowledge of Borrowers, are owed to Borrowers such Borrower without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Eligible Account, such Account is not:,

Appears in 2 contracts

Samples: Credit Agreement (Deckers Outdoor Corp), Revolving Credit Agreement (Deckers Outdoor Corp)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' the respective Borrower's business, owed to Borrowers such Borrower without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Eligible Account, such Account is not:

Appears in 2 contracts

Samples: Loan and Security Agreement (Zanett Inc), Loan and Security Agreement (Zanett Inc)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of the Borrowers' business, owed to the Borrowers without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Eligible Account, such Account is not:.

Appears in 1 contract

Samples: Loan and Security Agreement (Amtrol Inc /Ri/)

Eligible Accounts. The Eligible Accounts are are, and at all times, hereafter shall be, bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' Borrower's business, unconditionally owed to Borrowers Borrower without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As The property giving rise to each such Eligible AccountAccounts has been delivered to the Account Debtor, such or to the Account is not:Debtor's agent for immediate shipment to and unconditional acceptance by the Account Debtor.

Appears in 1 contract

Samples: Loan and Security Agreement (Global One Distribution & Merchandising Inc)

Eligible Accounts. The Eligible Accounts are bona fide existing ----------------- payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' Borrower's business, owed to Borrowers Borrower without defenses, disputes, offsets, offsets counterclaims, or rights of return or cancellation. As to each Eligible Account, such Account is not:

Appears in 1 contract

Samples: Loan and Security Agreement (DSG International LTD)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' business, owed to Borrowers without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Account that is identified by Administrative Borrower as an Eligible AccountAccount in a borrowing base report submitted to Agent, such Account is not:not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of eligible Accounts.

Appears in 1 contract

Samples: Loan and Security Agreement (Harolds Stores Inc)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' DF's business, owed to Borrowers DF without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Eligible Account, such Account is not:

Appears in 1 contract

Samples: Loan and Security Agreement (FFP Marketing Co Inc)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' Borrower's business, owed to Borrowers Borrower without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Eligible Account, such Account is not:

Appears in 1 contract

Samples: Loan and Security Agreement (I Link Inc)

Eligible Accounts. The Eligible Accounts are bona fide existing ----------------- payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' business, owed to Borrowers without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Eligible Account, such Account is not:

Appears in 1 contract

Samples: Loan and Security Agreement (Learningstar Corp)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of BorrowersCollateral Obligors' business, owed to Borrowers a Collateral Obligor without defenses, disputes, offsets, counterclaims, or rights of return or cancellationcancellation (except as, and to the extent, provided in clause (d) below). As to each Eligible Account, such Account is not:

Appears in 1 contract

Samples: Loan and Security Agreement (Communications & Power Industries Inc)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' Borrower’s business, owed to Borrowers Borrower without defenses, disputes, offsetsoffsets (except Accounts where Ocean Spray is the Account Debtor to the extent offsets are permitted under the Toll Processing Agreement), counterclaims, or rights of return or cancellation. As to each Eligible Account, such Account is not:

Appears in 1 contract

Samples: Loan and Security Agreement (Northland Cranberries Inc /Wi/)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of Table of Contents services to such Account Debtors in the ordinary course of Borrowers' Borrower’s business, owed to Borrowers Borrower without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Eligible Account, such Account is not:

Appears in 1 contract

Samples: Loan and Security Agreement (BGF Industries Inc)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the that arise out of Borrowers' sale and delivery or licensing of Inventory Software or the rendition of training, installation and/or other related consulting services to such Account Debtors in the ordinary course of Borrowers' business, owed to Borrowers without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Eligible Account, such Account is not:

Appears in 1 contract

Samples: Loan and Security Agreement (Frontstep Inc)

Eligible Accounts. The Eligible Accounts are Purchased Accounts which are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowersthe Originators' business, owed to Borrowers Borrower without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to Each such Eligible Account complies with each Eligible Account, such Account is not:clause of the definition thereof set forth in SECTION 1.1.

Appears in 1 contract

Samples: Loan and Security Agreement (Foster Wheeler LTD)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' Borrower’s business, owed to Borrowers Borrower without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Account that is identified by Borrower as an Eligible AccountAccount in a borrowing base report submitted to Lender, such Account is not:not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Accounts.

Appears in 1 contract

Samples: Loan and Security Agreement (RMH Teleservices Inc)

Eligible Accounts. The Eligible Accounts are and will remain bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' Borrower's business, unconditionally owed to Borrowers Borrower without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each At the time of the creation of an Eligible Account Borrower has not received notice of actual or imminent bankruptcy, insolvency, or material impairment of the financial condition of any applicable Account Debtor regarding such Eligible Account, such Account is not:.

Appears in 1 contract

Samples: Loan and Security Agreement (Scolr Inc)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' business, owed to Borrowers without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Eligible Account, such Account is not:not excluded as ineligible by virtue of one or more of the criteria set forth in clauses (a) through (o) contained in the definition of “Eligible Accounts” in Section 1.1.

Appears in 1 contract

Samples: Loan and Security Agreement (Silicon Graphics Inc /Ca/)

Eligible Accounts. (a) The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors Borrowers' customers in the ordinary course of Borrowers' business, owed to Borrowers a Borrower without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Eligible Account, such Eligible Account is not:in compliance with the criteria for eligibility set forth under the definition of "Eligible Accounts" in Section 1.1.

Appears in 1 contract

Samples: Loan and Security Agreement (Guitar Center Inc)

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Eligible Accounts. The Eligible Accounts are bona fide existing ----------------- payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' business, owed to Borrowers without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Eligible Account, such Account is not:

Appears in 1 contract

Samples: Loan and Security Agreement (Hologic Inc)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' business, owed to Borrowers without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Account that is included as an Eligible AccountAccount on a Borrowing Base Certificate, such Account is not:meets all of the requirements of an Eligible Account.

Appears in 1 contract

Samples: Loan and Security Agreement (Cellstar Corp)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery or lease of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' Borrower's business, owed to Borrowers Borrower without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Eligible Account, such Account (or rights to payment under chattel paper) is not:

Appears in 1 contract

Samples: Loan and Security Agreement (Paradyne Networks Inc)

Eligible Accounts. The Eligible Accounts are bona fide existing payment ----------------- obligations of Account Debtors created by the sale sale, delivery and delivery unconditional acceptance of Inventory or the rendition and unconditional acceptance of services to such Account Debtors in the ordinary course of Borrowers' business, and such Accounts, to the extent not excluded from the definition of "Eligible Accounts" pursuant to paragraph (n) thereof, are unconditionally owed to Borrowers a Borrower without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to Further, each Eligible Account, such Account is not:

Appears in 1 contract

Samples: Loan and Security Agreement (Friede Goldman Halter Inc)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' Borrower's business, owed to Borrowers Borrower (net of reserves) without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Eligible Account, such Account is (1) subject to a valid and perfected first priority security interest in favor of Agent for the benefit of the Lender Group, and (2) is not:

Appears in 1 contract

Samples: Loan and Security Agreement (Star Telecommunications Inc)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' business, owed to Borrowers without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Eligible Account, such Account is not:not excluded as ineligible by virtue of one or more of the criteria set forth in clauses (a) through (o) contained in the definition of "Eligible Accounts" in Section 1.1.

Appears in 1 contract

Samples: Loan and Security Agreement (Silicon Graphics Inc /Ca/)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' business, owed to Borrowers without any known defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Account that is identified by Administrative Borrower as an Eligible AccountAccount in a borrowing base report submitted to Agent, such Account is not:not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Accounts.

Appears in 1 contract

Samples: Loan and Security Agreement (Aegis Communications Group Inc)

Eligible Accounts. The Eligible Accounts are bona fide existing payment ----------------- obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' business, owed to Borrowers without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Account that is included as an Eligible AccountAccount on a Borrowing Base Certificate, such Account is not:meets all of the requirements of an Eligible Account.

Appears in 1 contract

Samples: Loan and Security Agreement (Cellstar Corp)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' an Eligible Loan Party's business, owed to Borrowers without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Account that is identified by Administrative Borrower as an Eligible AccountAccount in a borrowing base report submitted to Agent, such Account is not:an Eligible Account and is otherwise not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Accounts.

Appears in 1 contract

Samples: Loan and Security Agreement (Midas Inc)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' Subsidiary Borrower's business, owed to Borrowers Subsidiary Borrower without known defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Eligible Account, such Account is not:

Appears in 1 contract

Samples: Loan Agreement (Futurelink Corp)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors Borrowers' customers in the ordinary course of Borrowers' business, owed to Borrowers a Borrower without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Eligible Account, such Eligible Account is not:in compliance with the criteria for eligibility set forth under the definition of "Eligible Accounts" in Section 1.1.

Appears in 1 contract

Samples: Loan and Security Agreement (Guitar Center Inc)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' business, owed to Borrowers without without, to the knowledge of Borrowers, defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Eligible Account, such Account is not:

Appears in 1 contract

Samples: Loan and Security Agreement (Kroll Inc)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' Borrower's business, owed to Borrowers Borrower without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Account that is identified by Borrower as an Eligible AccountAccount in a borrowing base report submitted to Agent, such Account is not:not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of eligible Accounts.

Appears in 1 contract

Samples: Loan and Security Agreement (Pierre Foods Inc)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors in the ordinary course of Borrowers' Borrower's business, owed to Borrowers Borrower without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Account that is identified by Borrower as an Eligible AccountAccount in a borrowing base report submitted to Agent, such Account is not:not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Accounts.

Appears in 1 contract

Samples: Loan and Security Agreement (En Pointe Technologies Inc)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery licensing of Inventory or the rendition of services software to such Account Debtors in the ordinary course of Borrowers' business, owed to Borrowers without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Account that is identified by Administrative Borrower as an Eligible AccountAccount in a borrowing base report submitted to Agent, such Account is not:not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of eligible Accounts.

Appears in 1 contract

Samples: Loan and Security Agreement (Peregrine Systems Inc)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory or the rendition of services to such Account Debtors Borrowers' customers in the ordinary course of Borrowers' business, owed to Borrowers a Borrower without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. As to each Eligible Account, such Eligible Account is not:in compliance with the criteria for eligibility set forth under the definition of "Eligible Accounts" in SECTION 1.1.

Appears in 1 contract

Samples: Loan and Security Agreement (Guitar Center Inc)

Eligible Accounts. The Eligible Accounts are bona fide existing payment obligations of Account Debtors created by the sale and delivery of Inventory goods in which Borrower has title or an exclusive license or the rendition of services to such Account Debtors in the ordinary course of Borrowers' Borrower's business, owed to Borrowers Borrower without defenses, disputes, offsets, counterclaims, or rights of return or cancellation. Lender acknowledges that Ingrxx, Xxch Data, and Merisel each have a right of return with respect to ACT! Products in their distribution agreements. As to each Eligible Account, such Account is not:

Appears in 1 contract

Samples: Loan and Security Agreement (Interact Commerce Corp)

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