Exposed Payments. 17.4.1. Upon termination of this Agreement, Borrower shall pay to Lender (or Lender may retain), to hold in a non-segregated non-interest bearing account the amount of all Exposed Payments (the “Preference Reserve”). 17.4.2. Lender may charge the Preference Reserve with the amount of any Exposed Payments which Lender pays to the bankruptcy estate of the Account Debtor which made the Exposed Payment, on account of a claim asserted under Section 547 of the Bankruptcy Code. 17.4.3. Lender shall refund to Borrower from time to time that balance of the Preference Reserve for which a claim under Section 547 of the Bankruptcy Code can no longer be asserted due to the passage of the statute of limitations, settlement with the bankruptcy estate of the Account Debtor or otherwise.
Appears in 4 contracts
Samples: Loan and Security Agreement (Jones Soda Co), Loan and Security Agreement (Jones Soda Co), Loan and Security Agreement (Synthetech Inc)
Exposed Payments. 17.4.14.6.1. Upon termination of this Agreement, Borrower Client shall pay to Lender Crestmark (or Lender Crestmark may retain), to hold in a non-segregated non-interest bearing account account, the amount of all Exposed Payments (the “Preference Reserve”).
17.4.24.6.2. Lender Crestmark may charge the Preference Reserve with the amount of any Exposed Payments which Lender Crestmark pays to the bankruptcy estate of the Account Debtor which made the Exposed Payment, on account of a claim asserted under Section 547 of the Bankruptcy Code.
17.4.34.6.3. Lender Crestmark shall refund to Borrower Client from time to time that balance of the Preference Reserve for which a claim under Section 547 of the Bankruptcy Code can no longer be asserted due to the passage of the statute of limitations, settlement with the bankruptcy estate of the Account Debtor or otherwise.
Appears in 2 contracts
Samples: Accounts Receivable Financing Agreement (interCLICK, Inc.), Accounts Receivable Financing Agreement (Capital City Energy Group, Inc.)
Exposed Payments. 17.4.1. 17.4.1 Upon termination of this Agreement, Borrower shall pay to Lender (or Lender may retain), to hold in a non-segregated non-interest bearing account the amount of all Exposed Payments (the “Preference Reserve”).
17.4.2. 17.4.2 Lender may charge the Preference Reserve with the amount of any Exposed Payments which Lender pays to the bankruptcy estate of the Account Debtor which made the Exposed Payment, on account of a claim asserted under Section 547 of the Bankruptcy Code.
17.4.3. 17.4.3 Lender shall refund to Borrower from time to time that balance of the Preference Reserve for which a claim under Section 547 of the Bankruptcy Code can no longer be asserted due to the passage of the statute of limitations, settlement with the bankruptcy estate of the Account Debtor or otherwise.
Appears in 1 contract
Exposed Payments. 17.4.1. 17.4.1 Upon termination of this Agreement, Borrower shall pay to Lender (or Lender may retain), to hold in a non-segregated non-interest bearing account the amount of all Exposed Payments (the “"Preference Reserve”").
17.4.2. 17.4.2 Lender may charge the Preference Reserve with the amount of any Exposed Payments which Lender pays to the bankruptcy estate of the Account Debtor which made the Exposed Payment, on account of a claim asserted under Section 547 of the Bankruptcy Code.
17.4.3. 17.4.3 Lender shall refund to Borrower from time to time that balance of the Preference Reserve for which a claim under Section 547 of the Bankruptcy Code can no longer be asserted due to the passage of the statute of limitations, settlement with the bankruptcy estate of the Account Debtor or otherwise.
Appears in 1 contract
Samples: Loan and Security Agreement (3do Co)
Exposed Payments. 17.4.119.4.1. Upon termination of this Agreement, Borrower shall pay to Lender (or Lender may retain), to hold in a non-segregated non-interest bearing account the amount of all Exposed Payments (the “"Preference Reserve”").
17.4.219.4.2. Lender may charge the Preference Reserve with the amount of any Exposed Payments which that Lender pays to the bankruptcy estate of the Account Debtor which that made the Exposed Payment, on account of a claim asserted under Section 547 of the Bankruptcy Code.
17.4.319.4.3. Lender shall refund to Borrower from time to time that balance of the Preference Reserve for which a claim under Section 547 of the Bankruptcy Code can no longer be asserted due to the passage of the statute of limitations, settlement with the bankruptcy estate of the Account Debtor or otherwise.
Appears in 1 contract