Common use of ENFORCEMENT OF RIGHTS IN AND TO COLLATERAL Clause in Contracts

ENFORCEMENT OF RIGHTS IN AND TO COLLATERAL. 5.1 Until Borrower's authority to do so is curtailed or terminated at any time by FINOVA in its sole and absolute discretion, Borrower shall (at Borrower's expense) collect on FINOVA's behalf as FINOVA's property and in trust for FINOVA, and deliver to FINOVA in their original form on the same date as the date of the actual receipt thereof, all checks, drafts, notes, acceptances, cash, wire transfers and any other evidences of payment, applicable to any assigned Account. Five (5) working days shall be allowed subsequent to receipt by FINOVA of all Account Debtor or third party checks and two (2) working days shall be allowed subsequent to receipt by FINOVA of wire transfer by Account Debtors or third parties to permit bank clearance and collection. 5.2 FINOVA or FINOVA's representatives shall at all times (upon reasonable notice unless FINOVA alleges a default hereunder) have free access to and right of inspection of the Collateral and have full access to and the right to examine and make copies of Borrower's Records, to confirm and verify all Accounts, to perform general audits and to do whatever else FINOVA deems necessary to protect FINOVA's interests. FINOVA may at any time remove from Borrower's premises or require Borrower or its accountants or auditors to deliver any Records to FINOVA. FINOVA may, at Borrower's cost and expense, use any of Borrower's personnel, supplies, computer equipment (including all computer programs, software and data) and space at Borrower's places of business or at any other place as FINOVA may designate, as may be reasonably necessary for the handling of collections. 5.3 Merchandise received in settlement of any assigned Account shall be received in trust for, segregated and delivered to or for the account of FINOVA. All returns of merchandise, credits, issued by Borrower, claims or disputes of Account Debtors whether or not accepted by Borrower or given an allowance of any nature shall be reported by Borrower to FINOVA at least weekly. Each such report shall be accompanied by copies of all documentation provided to Borrower in support of all merchandise returns, credits, claims and disputes. Borrower shall immediately upon obtaining knowledge thereof report to FINOVA all reclaimed, repossessed and returned goods, Account Debtor claims and any other matter affecting the value, enforceability or collectability of Accounts. At FINOVA's request, any goods reclaimed or repossessed by or returned to Borrower will be set aside, marked with FINOVA's name and held by Borrower (at Borrower's place of business or at such other place as FINOVA may designate) for FINOVA's account and subject to FINOVA's security interest. 5.4 All claims and disputes relating to Accounts shall be adjusted within a reasonable time at Borrower's own cost and expense. 5.5 FINOVA is authorized and empowered upon alleging an Event of Default, to compromise or extend the time for payment of any Account, for such amounts and upon such terms as FINOVA may in its sole discretion determine, and to accept the return of the merchandise represented by any Account, all without notice to or consent by Borrower, and without discharging or affecting Borrower's obligations hereunder to any extent and Borrower's will, upon demand, pay to FINOVA the amount of any allowance given or authorized by FINOVA hereunder. FINOVA shall have the right (in addition to its other rights hereunder or otherwise), with or without the occurrence of an Event of Default and without notice to Borrower, to appropriate, set off and apply to the payment of any or all of the Obligations, any portion or all of the Collateral, in such manner as FINOVA shall in FINOVA's sole discretion determine, to enforce payment of any Collateral, to settle, compromise or release in whole or in part, any amounts owing on any Collateral, to prosecute any action, suit or proceeding with respect to the Collateral, to extend the time of payment of any and all Collateral, to make allowances and adjustments with respect thereto, to issue credits in FINOVA's or Borrower's name, to sell, assign and deliver the Collateral (or any part thereof) at public or private sale, for cash, upon credit or otherwise at FINOVA's sole option and discretion, and FINOVA may bid or become purchaser at any such sale, free from any right of redemption which is hereby expressly waived. Any public or private sale of the Collateral shall be deemed reasonable to the extent Borrower shall have received written notice of such sale at least five (5) days prior to its occurrence and shall not have delivered written objection to FINOVA.

ENFORCEMENT OF RIGHTS IN AND TO COLLATERAL. 5.1 Until Borrower's authority to do so is curtailed or terminated at any time by FINOVA in its sole and absolute discretion, (a) Borrower shall instruct their Account Debtors that all Accounts have been assigned to Lender and to direct their payment as follows: (at Borrower's expenseb) collect on FINOVA's behalf as FINOVA's property and in trust for FINOVA, and deliver to FINOVA in their original form In computing interest on the same date as the date of the actual receipt thereofObligations, all checks, draftswire transfers and other items of payment received by Lender (including proceeds of Accounts and payment of the Obligations in full) shall be deemed applied by Lender on account of the Obligations on the day such payment is received or, notesif received after 00xxxx Xxx Xxxx, acceptancesXX time, cashthe next business day. However, Lender shall be entitled to charge Borrower’s account five (5) business days of “clearance” or “float” at the rates set forth in Section 3.1 above, and all checks, wire transfers and any other evidences items received by Lender, regardless of payment, applicable to any assigned Account. Five whether such five (5) working business days of clearance or float actually occur, and shall be allowed subsequent deemed to receipt be the equivalent of charging five (5) business days of interest on such collections. This across-the-board five (5) business days clearance or float charge on all collections is acknowledged by FINOVA of all Account Debtor or third party checks and two (2) working days shall be allowed subsequent to receipt by FINOVA of wire transfer by Account Debtors or third the parties to permit bank clearance constitute an integral aspect of the pricing of Lender’s financing to Borrower. Lender shall not, however, be required to credit Borrower’s account for the amount of any item of payment which is unsatisfactory to Lender, in Lenders reasonable business discretion, and collectionLender may charge Borrower’s loan account for the amount of any item of payment which is returned to Lender unpaid. 5.2 FINOVA 5.2. Lender or FINOVA's Lender’s representatives shall at all reasonable times (upon reasonable notice unless FINOVA alleges a default hereunder) have free access to and right of inspection of the Collateral and have full access to and the right to examine and make copies of Borrower's ’s Records, to confirm and verify all Accounts, to perform general audits and field examinations and to do whatever else FINOVA Lender deems reasonably necessary to protect FINOVA's Lender’s interests. FINOVA may Lender may, in its reasonable business discretion and at any time all reasonable times, remove from Borrower's ’s premises or require Borrower or its accountants or auditors to deliver any Records (or copies thereof) to FINOVALender. FINOVA Lender may, at Borrower's ’s cost and expense, use any of Borrower's ’s personnel, supplies, computer equipment (including all computer programs, software and data) and space at Borrower's ’s places of business or at any other place as FINOVA Lender may designate, as may be reasonably necessary for the handling of collections. 5.3 Merchandise 5.3. Goods received in settlement of any assigned Account shall be received in trust for, segregated and delivered to or for the account of FINOVALender. All returns of merchandisegoods, credits, credits issued by Borrower, claims or disputes of Account Debtors whether or not accepted by Borrower or given an allowance of any nature shall be reported by Borrower to FINOVA Lender at least weekly. Each such report shall be accompanied by copies of all documentation provided to Borrower in support of all merchandise returnsreturned goods, credits, claims and disputes. Borrower shall immediately upon obtaining knowledge thereof report to FINOVA Lender all reclaimed, repossessed and returned goods, Account Debtor claims and any other matter affecting the value, enforceability or collectability of Accounts. At FINOVA's request, any All returned goods reclaimed or repossessed by or returned to Borrower will shall be set aside, marked with FINOVA's name and held by Borrower (at Borrower's place of business or at such other place as FINOVA may designate) for FINOVA's account and subject to FINOVA's Lender’s security interest. 5.4 5.4. All claims and disputes relating to Accounts shall be adjusted within a reasonable time at Borrower's ’s own cost and expense. 5.5 FINOVA 5.5. Upon the occurrence of an Event of Default and the expiration of the stated cure period, (i) Lender is authorized and empowered upon alleging an Event of Default, to compromise or extend the time for payment of any Account, for such amounts and upon such terms as FINOVA may Lender may, in its sole reasonable business discretion determine, determine and to accept the return of the merchandise represented by any Account, all without notice to or consent by Borrower, and without discharging or affecting Borrower's obligations ’s Obligations hereunder to any extent extent, and Borrower's Borrower will, upon demand, pay to FINOVA Lender the amount of any allowance given or authorized by FINOVA Lender hereunder. FINOVA ; and (ii) Lender shall have the right (in addition to its other rights hereunder or otherwise), with or without the occurrence of an Event of Default and without notice to Borrower, to appropriate, set off and apply to the payment of any or all of the Obligations, any portion or all of the Collateral, in such manner as FINOVA Lender shall in FINOVA's sole Lender’s reasonable business discretion determine, to enforce payment of any Collateral, to settle, compromise or release in whole or in part, any amounts owing on any Collateral, to prosecute any action, suit or proceeding with respect to the Collateral, to extend the time of payment of any and all Collateral, to make allowances and adjustments with respect thereto, to issue credits in FINOVA's Lender’s or Borrower's ’s name, to sell, assign and deliver the Collateral (or any part thereof) at public or private sale, for cash, upon credit or otherwise at FINOVA's Lender’s sole option and reasonable business discretion, and FINOVA Lender may bid or become purchaser at any such sale, free from any right of redemption which is hereby expressly waived. Any public or private sale of the Collateral shall be deemed reasonable to the extent Borrower shall have received written notice of such sale at least five (5) days prior to its occurrence as provided in Section 8.3 below and Borrower shall not have delivered written objection to FINOVALender.

ENFORCEMENT OF RIGHTS IN AND TO COLLATERAL. 5.1 5.1. Until Borrower's authority to do so is curtailed or terminated at any time by FINOVA in its sole and absolute discretion, Borrower shall (at Borrower's expense) collect on FINOVA's behalf as FINOVA's property and in trust for FINOVA, and deliver to FINOVA in their original form on the same date as the date of the actual receipt thereof, all checks, drafts, notes, acceptances, cash, wire transfers and any other evidences of payment, applicable to any assigned AccountAccount ("Collection"). Five (5) working days shall be allowed subsequent to receipt by FINOVA of all Account Debtor Collections (other than wire transfers) to permit bank clearance and collection for the purpose of calculating interest charged or third party checks and two chargeable to Borrower on all Obligations. Two (2) working days shall be allowed subsequent to receipt by FINOVA of all wire transfer by Account Debtors transfers for the purpose of calculating interest charged or third parties chargeable to permit bank clearance and collectionBorrower on all Obligations. 5.2 5.2. FINOVA or FINOVA's representatives shall at all times (upon reasonable notice unless FINOVA alleges a default hereunder) have free access to and right of inspection of the Collateral and have full access to and the right to examine and make copies of Borrower's Records, to confirm and verify all Accounts, to perform general audits and to do whatever else FINOVA deems necessary to protect FINOVA's interests. FINOVA may at any time remove from Borrower's premises or require Borrower or its accountants or auditors to deliver any Records to FINOVA. FINOVA may, at Borrower's cost and expense, use any of Borrower's personnel, supplies, computer equipment (including all computer programs, software and data) and space at Borrower's places of business or at any other place as FINOVA may designate, as may be reasonably necessary for the handling of collections. 5.3 5.3. Merchandise received in settlement of any assigned Account shall be received in trust for, segregated and delivered to or for the account of FINOVA. All returns of merchandise, credits, credits issued by Borrower, claims or disputes of Account Debtors whether or not accepted by Borrower or given an allowance of any nature shall be reported by Borrower to FINOVA at least weekly. Each such report shall be accompanied by copies of all documentation provided to Borrower in support of all merchandise returns, credits, claims and disputes. Borrower shall immediately upon obtaining knowledge thereof report to FINOVA all reclaimed, repossessed and returned goods, Account Debtor claims and any other matter affecting the value, enforceability or collectability of Accounts. At FINOVA's request, any goods reclaimed or repossessed by or returned to Borrower will be set aside, marked with FINOVA's name and held by Borrower (at Borrower's place of business or at such other place as FINOVA may designate) for FINOVA's account and subject to FINOVA's security interest. 5.4 All claims and disputes relating to Accounts shall be adjusted within a reasonable time at Borrower's own cost and expense. 5.5 FINOVA is authorized and empowered upon alleging an Event of Default, to compromise or extend the time for payment of any Account, for such amounts and upon such terms as FINOVA may in its sole discretion determine, and to accept the return of the merchandise represented by any Account, all without notice to or consent by Borrower, and without discharging or affecting Borrower's obligations hereunder to any extent and Borrower's will, upon demand, pay to FINOVA the amount of any allowance given or authorized by FINOVA hereunder. FINOVA shall have the right (in addition to its other rights hereunder or otherwise), with or without the occurrence of an Event of Default and without notice to Borrower, to appropriate, set off and apply to the payment of any or all of the Obligations, any portion or all of the Collateral, in such manner as FINOVA shall in FINOVA's sole discretion determine, to enforce payment of any Collateral, to settle, compromise or release in whole or in part, any amounts owing on any Collateral, to prosecute any action, suit or proceeding with respect to the Collateral, to extend the time of payment of any and all Collateral, to make allowances and adjustments with respect thereto, to issue credits in FINOVA's or Borrower's name, to sell, assign and deliver the Collateral (or any part thereof) at public or private sale, for cash, upon credit or otherwise at FINOVA's sole option and discretion, and FINOVA may bid or become purchaser at any such sale, free from any right of redemption which is hereby expressly waived. Any public or private sale of the Collateral shall be deemed reasonable to the extent Borrower shall have received written notice of such sale at least five (5) days prior to its occurrence and shall not have delivered written objection to FINOVA.

ENFORCEMENT OF RIGHTS IN AND TO COLLATERAL. 5.1 Until Borrower's authority (a) BORROWER SHALL INSTRUCT ITS ACCOUNT DEBTORS TO DIRECT THEIR PAYMENTS AS FOLLOWS: NAME OF BORROWER X.X. XXX 000 XXXXXXXX, XX 00000 Borrower shall cause all proceeds of Collateral to do so is curtailed be deposited into the deposit account associated with the foregoing mailing address or terminated other blocked account as Lender may require, each of which shall be assigned to Lender. Lender may at any time by FINOVA in its sole and absolute discretion, from time to time direct Borrower shall (at Borrower's expense) to collect on FINOVA's behalf as FINOVA's property and in trust for FINOVA, and deliver to FINOVA Lender in their original form on the same date as the date of the actual receipt thereof, all checks, drafts, notes, acceptances, cash, wire transfers and any other evidences of payment, applicable direct Borrower to cause all proceeds of Collateral to be deposited into the deposit account associated with the foregoing address or other blocked account as Lender may require or take any assigned Accountother action Lender may require. Five (5) working days Lender shall not, however, be allowed subsequent required to receipt by FINOVA of all Account Debtor or third party checks and two (2) working days shall be allowed subsequent to receipt by FINOVA of wire transfer by Account Debtors or third parties to permit bank clearance and collection. 5.2 FINOVA or FINOVA's representatives shall at all times (upon reasonable notice unless FINOVA alleges a default hereunder) have free access to and right of inspection of the Collateral and have full access to and the right to examine and make copies of credit Borrower's Records, to confirm and verify all Accounts, to perform general audits and to do whatever else FINOVA deems necessary to protect FINOVA's interests. FINOVA may at any time remove from Borrower's premises or require Borrower or its accountants or auditors to deliver any Records to FINOVA. FINOVA may, at Borrower's cost and expense, use any of Borrower's personnel, supplies, computer equipment (including all computer programs, software and data) and space at Borrower's places of business or at any other place as FINOVA may designate, as may be reasonably necessary account for the handling of collections. 5.3 Merchandise received in settlement of any assigned Account shall be received in trust for, segregated and delivered to or for the account of FINOVA. All returns of merchandise, credits, issued by Borrower, claims or disputes of Account Debtors whether or not accepted by Borrower or given an allowance of any nature shall be reported by Borrower to FINOVA at least weekly. Each such report shall be accompanied by copies of all documentation provided to Borrower in support of all merchandise returns, credits, claims and disputes. Borrower shall immediately upon obtaining knowledge thereof report to FINOVA all reclaimed, repossessed and returned goods, Account Debtor claims and any other matter affecting the value, enforceability or collectability of Accounts. At FINOVA's request, any goods reclaimed or repossessed by or returned to Borrower will be set aside, marked with FINOVA's name and held by Borrower (at Borrower's place of business or at such other place as FINOVA may designate) for FINOVA's account and subject to FINOVA's security interest. 5.4 All claims and disputes relating to Accounts shall be adjusted within a reasonable time at Borrower's own cost and expense. 5.5 FINOVA is authorized and empowered upon alleging an Event of Default, to compromise or extend the time for payment of any Account, for such amounts and upon such terms as FINOVA may in its sole discretion determine, and to accept the return of the merchandise represented by any Account, all without notice to or consent by Borrower, and without discharging or affecting Borrower's obligations hereunder to any extent and Borrower's will, upon demand, pay to FINOVA the amount of any allowance given or authorized by FINOVA hereunder. FINOVA shall have item of payment which is unsatisfactory to Lender, in Lender's reasonable business discretion, and Lender may charge Borrower's loan account for the right (in addition to its other rights hereunder or otherwise), with or without the occurrence of an Event of Default and without notice to Borrower, to appropriate, set off and apply to the payment amount of any or all item of payment which is returned to Lender unpaid. (b) In computing interest on the Obligations, any portion or all checks, wire transfers and other items of payment received by Lender (including proceeds of Accounts and payment of the Collateral, Obligations in such manner as FINOVA shall in FINOVA's sole discretion determine, to enforce payment of any Collateral, to settle, compromise or release in whole or in part, any amounts owing on any Collateral, to prosecute any action, suit or proceeding with respect to the Collateral, to extend the time of payment of any and all Collateral, to make allowances and adjustments with respect thereto, to issue credits in FINOVA's or Borrower's name, to sell, assign and deliver the Collateral (or any part thereoffull) at public or private sale, for cash, upon credit or otherwise at FINOVA's sole option and discretion, and FINOVA may bid or become purchaser at any such sale, free from any right of redemption which is hereby expressly waived. Any public or private sale of the Collateral shall be deemed reasonable applied by Lender on account of the Obligations on the day such payment is received or, if received after 00xxxx Xxx Xxxx, XX time, the next business day. However, Lender shall be entitled to charge Borrower's account four (4) business days of "clearance" or "float" at the extent Borrower shall have rates set forth in Section 3.1 above, and all checks, wire transfers and other items received written notice by Lender, regardless of whether such sale at least five four (54) business days prior to its occurrence of clearance or float actually occur, and shall not have delivered written objection be deemed to FINOVAbe the equivalent of charging four (4) business days of interest on such collections. This across-the-board four (4) business days clearance or float charge on all collections is acknowledged by the parties to constitute an integral aspect of the pricing of Lender's financing to Borrower.