Common use of Eligible Accounts Clause in Contracts

Eligible Accounts. As to each Account that is identified by a Borrower as an Eligible Account in a borrowing base report submitted to Agent, such Account is (a) a bona fide existing payment obligations of the applicable 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, (b) owed to Borrowers without any known defenses, disputes, offsets, counterclaims, or rights of return or cancellation, and (c) 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 and Security Agreement (Trust Created February 25 1986), Loan and Security Agreement (Evergreen Holdings Inc)

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

Appears in 2 contracts

Samples: Credit Agreement (Silicon Graphics Inc), Credit Agreement (Silicon Graphics Inc)

Eligible Accounts. As to each Account that is identified by a Borrower as an Eligible Account in a borrowing base report submitted to Agent, such Account is (a) a bona fide existing payment obligations obligation of the applicable 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, (b) owed to Borrowers without any known defenses, disputes, offsets, counterclaims, or rights of return or cancellation, and (c) 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: Credit Agreement (Altra Industrial Motion, Inc.), Credit Agreement (TB Wood's INC)

Eligible Accounts. As to each Account that is identified by a Borrower as an Eligible Account in a borrowing base report submitted to AgentLender, such Account is (a) a bona fide existing payment obligations obligation of the applicable Account Debtors Debtor created by the sale and delivery of Inventory or the rendition of services to such Account Debtors Debtor in the ordinary course of Borrowers’ Borrower’s business, (b) owed to Borrowers Borrower without any known defenses, disputes, offsets, counterclaims, or rights of return or cancellationcancellation except as expressly permitted by the definition of “Eligible Accounts”, and (c) 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 and Security Agreement (Swank, Inc.), Loan and Security Agreement (Swank, Inc.)

Eligible Accounts. As to each Account that is identified by a Borrower Borrowers as an Eligible Account in a borrowing base report Borrowing Base Certificate submitted to Agent, such Account is is, as of the date of such Borrowing Base Certificate, (a) a bona fide existing payment obligations obligation of the applicable Account Debtors Debtor created by the sale and delivery of Inventory or the rendition of services to such Account Debtors Debtor in the ordinary course of the Borrowers’ business, (b) owed to Borrowers a Borrower without any known defenses, disputes, offsets, counterclaims, or rights of return or cancellation, and (c) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any Agent-discretionary criteria) set forth in the definition of Eligible Accounts.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Brooks Automation Inc)

Eligible Accounts. As to each Account that is identified by a Borrower as an Eligible Account in a borrowing base report Borrowing Base Certificate submitted to Agent, such Account is (a) a bona fide existing payment obligations obligation of the applicable Account Debtors Debtor created by the sale and delivery of Inventory or the rendition of services to such Account Debtors Debtor in the ordinary course of Borrowers’ Borrower’s business, (b) owed to Borrowers Borrower without any known defenses, disputes, offsets, counterclaims, or rights of return or cancellation, and (c) 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: Credit Agreement (Utstarcom Inc)

Eligible Accounts. As to each Account that is identified by a Borrower Borrowers as an Eligible Account in a borrowing base report Borrowing Base Certificate submitted to Agent, such Account is (a) a bona fide existing payment obligations obligation of the applicable Account Debtors Debtor created by the sale and delivery of Inventory or the rendition of services to such Account Debtors Debtor in the ordinary course of the Borrowers’ business, (b) owed to Borrowers a Borrower without any known defenses, disputes, offsets, counterclaims, or rights of return or cancellationcancellation (except to the extent permitted by clause (h) of the definition of Eligible Account), and (c) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any Agent-discretionary criteria) set forth in the definition of Eligible Accounts.

Appears in 1 contract

Samples: Credit Agreement (Pernix Therapeutics Holdings, Inc.)

Eligible Accounts. As to each Account that is identified by a Borrower as an Eligible Account in a borrowing base report submitted to AgentLender, such Account is (a) a bona fide existing payment obligations obligation of the applicable Account Debtors Debtor created by the sale and delivery of Inventory or the rendition of services to such Account Debtors Debtor in the ordinary course of Borrowers’ Borrower's business, (b) owed to Borrowers Borrower without any known defenses, disputes, offsets, counterclaims, or rights of return or cancellationcancellation except as expressly permitted by the definition of "Eligible Accounts", and (c) 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 (Swank, Inc.)

Eligible Accounts. As to each Account that is identified by a Borrower as an Eligible Account in a borrowing base report submitted to Agent, such Account is (a) a bona fide existing payment obligations obligation of the applicable 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 applicable Borrower’s or Mondel’s business, (b) owed to Borrowers the applicable Borrower or Mondel without any known defenses, disputes, offsets, counterclaims, or rights of return or cancellation, and (c) 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: Credit Agreement (Magnetek Inc)

Eligible Accounts. As to each Account that is identified by a Borrower or any Guarantor as an Eligible Account in a borrowing base report submitted to Agent, Lender such Account is (a) a bona fide existing payment obligations of the applicable 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 and each Guarantor's business, (b) owed to Borrowers Borrower or such Guarantor without any known defenses, disputes, offsets, counterclaims, or rights of return or cancellation, and (c) not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Accounts (other than as a result of the criteria set forth in clause (l) of the definition of Eligible Accounts).

Appears in 1 contract

Samples: Loan and Security Agreement (Anacomp Inc)

Eligible Accounts. As to each Account that is identified by a Borrower as an Eligible Account in a borrowing base report submitted to AgentLender, such Account is (a) a bona fide existing payment obligations obligation of the applicable Account Debtors Debtor created by the sale and delivery of Inventory or the rendition of services to such Account Debtors Debtor in the ordinary course of Borrowers' business, (b) owed to Borrowers without any known defenses, disputes, offsets, counterclaims, or rights of return or cancellation, and (c) 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: Credit Agreement (Easylink Services Corp)

Eligible Accounts. As to each Account that is identified by a Borrower as an Eligible Account in a borrowing base report submitted to Agent, such Account is (a) a bona fide existing payment obligations obligation of the applicable 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, (b) owed to Borrowers without any known defenses, disputes, offsets, counterclaims, or rights of return or cancellation, and (c) 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: Credit Agreement (Primedex Health Systems Inc)

Eligible Accounts. As to each Account that is identified by a Borrower as an Eligible Account in a borrowing base report submitted to Agent, such Account is (a) a bona fide existing payment obligations of the applicable 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, (b) owed to Borrowers without any known defenses, disputes, offsets, counterclaims, or rights of return or cancellation, and (c) 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 (Evergreen International Aviation Inc)

Eligible Accounts. As to each Account that is identified by a Borrower as an Eligible Account in a borrowing base report submitted to Agent, such Account is (a) a bona fide existing payment obligations obligation of the applicable Account Debtors Debtor created by the sale and delivery of Inventory or the rendition of services to such Account Debtors Debtor in the ordinary course of Borrowers' business, (b) owed to Borrowers without any known defenses, disputes, offsets, counterclaims, or rights of return or cancellation, and (c) 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: Credit Agreement (MSX International Inc)

Eligible Accounts. As to each Account that is identified by a the Administrative Borrower as an Eligible Account in a borrowing base report Borrowing Base Certificate submitted to Agentthe Agents, such Account is (a) a bona fide existing payment obligations obligation of the applicable Account Debtors Debtor created by the sale and delivery of Inventory or the rendition of services to such Account Debtors Debtor in the ordinary course of Borrowers’ a Loan Party’s business, (b) owed to Borrowers a Loan Party without any known defenses, disputes, offsets, counterclaims, or rights of return or cancellationcancellation (except to the extent reflected therein), and (c) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any discretionary criteria) set forth in the definition of Eligible Accounts.

Appears in 1 contract

Samples: Abl Financing Agreement (Limbach Holdings, Inc.)

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Eligible Accounts. As to each Account that is identified by a Borrower as an Eligible Account in a borrowing base report submitted to Agent, such Account is (a) a bona fide existing payment obligations obligation of the applicable Account Debtors Debtor created by the sale and delivery of Inventory or the rendition of services to such Account Debtors Debtor in the ordinary course of Borrowers’ business, (b) except as reflected in such borrowing base report, owed to Borrowers without any known defenses, disputes, offsets, counterclaims, or rights of return or cancellation, and (c) 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: Credit Agreement (Velocity Express Corp)

Eligible Accounts. As to each Account that is identified by a Borrower as an Eligible Account in a borrowing base report submitted to Agent, such Account is is, as of the date so identified (a) a bona fide existing payment obligations obligation of the applicable Account Debtors Debtor created by the sale and delivery of Inventory or the rendition of services to such Account Debtors Debtor in the ordinary course of Borrowers’ Borrower’s business, (b) owed to Borrowers Borrower without any known defenses, disputes, offsets, counterclaims, or rights of return or cancellation, and (c) 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: Credit Agreement (Hawaiian Holdings Inc)

Eligible Accounts. As to each Account that is identified by a Borrower as an Eligible Account in a borrowing base report submitted to Agent, such Account is (a) a bona fide existing payment obligations obligation of the applicable Account Debtors Debtor created by the sale and delivery of Inventory or the rendition of services to such Account Debtors Debtor in the ordinary course of Borrowers’ business, (b) to the extent it is included in the Borrowing Base, owed to Borrowers without any known defenses, disputes, offsets, counterclaims, or rights of return or cancellation, and (c) not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Billed Accounts or Eligible Unbilled Accounts, as applicable.

Appears in 1 contract

Samples: Credit Agreement (TRC Companies Inc /De/)

Eligible Accounts. As to each Account that is identified by a Borrower Borrowers as an Eligible Account in a borrowing base report Borrowing Base Certificate submitted to Agent, such Account is (a) a bona fide existing payment obligations obligation of the applicable Account Debtors Debtor created by the sale and delivery of Inventory or the rendition of services to such Account Debtors Debtor in the ordinary course of Borrowers’ business, (b) owed to Borrowers a Borrower without any known defenses, disputes, offsets, counterclaims, or rights of return or cancellation, and (c) 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: Credit Agreement (Skechers Usa Inc)

Eligible Accounts. As to each Account that is identified by a Borrower as an Eligible Account in a borrowing base report submitted to Agent, such Account is (a) a bona fide existing payment obligations obligation of the applicable Account Debtors Debtor created by the sale and delivery of Inventory or the rendition of services to such Account Debtors Debtor in the ordinary course of Borrowers’ Borrower’s business, (b) owed to Borrowers Borrower without any known defenses, disputes, offsets, counterclaims, or rights of return or cancellation, and (c) not known to a Responsible Officer of Borrower to be 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: Credit Agreement (Lexar Media Inc)

Eligible Accounts. As to each Account that is identified by a Borrower Borrowers as an Eligible Account in a borrowing base report Borrowing Base Certificate submitted to AgentLender, such Account is (a) a bona fide existing payment obligations obligation of the applicable Account Debtors Debtor created by the sale and delivery of Inventory or the rendition of services to such Account Debtors Debtor in the ordinary course of Borrowers’ a Borrower's business, (b) owed to Borrowers such Borrower without any known defenses, disputes, offsets, counterclaims, or rights of return or cancellation, and (c) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any Lender-discretionary criteria) set forth in the definition of Eligible Accounts.

Appears in 1 contract

Samples: Credit Agreement (Emmis Communications Corp)

Eligible Accounts. As to each Account that is identified by a Borrower Borrowers as an Eligible Account in a borrowing base report Borrowing Base Certificate submitted to Agent, such Account is (a) a bona fide existing payment obligations obligation of the applicable Account Debtors Debtor created by the sale and delivery of Inventory or the rendition of services to such Account Debtors Debtor in the ordinary course of Borrowers’ a Borrower’s or a Designated Subsidiary Guarantor’s business, (b) owed to Borrowers a Borrower without any known defenses, disputes, offsets, counterclaims, or rights of return or cancellation, and (c) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any Agent-discretionary criteria) set forth in the definition of Eligible Accounts.

Appears in 1 contract

Samples: Credit Agreement (CPI Card Group Inc.)

Eligible Accounts. As to each Account that is identified by a Borrower as an Eligible Account in a borrowing base report submitted to Agent, such Account is (a) a bona fide existing payment obligations obligation of the applicable Account Debtors Debtor created by the sale and delivery of Inventory or the rendition of services to such Account Debtors Debtor in the ordinary course of Borrowers’ business, (b) owed to Borrowers without any known defenses, disputes, offsets, counterclaims, or rights of return or cancellation, and (c) 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: Credit Agreement (Ascendia Brands, Inc.)

Eligible Accounts. As to each Account that is identified by a Borrower as an Eligible Account in a borrowing base report submitted to Administrative Agent, such Account is (a) a bona fide existing payment obligations obligation of the applicable Account Debtors Debtor created by the sale and delivery of Inventory or the rendition of services to such Account Debtors Debtor in the ordinary course of Borrowers’ Borrower's business, (b) owed to Borrowers Borrower without any known defenses, disputes, offsets, counterclaims, or rights of return or cancellation, and (c) 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: Credit Agreement (Transtechnology Corp)

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