Common use of Exposed Payments Clause in Contracts

Exposed Payments. 4.1 Upon termination of this Agreement Seller shall pay to Purchaser (or Purchaser may retain or hold in a non-segregated non-interest bearing account) the amount of all Exposed Payments (the "Preference Reserve"). 4.2 Purchaser may charge the Preference Reserve with the amount of any Exposed Payments that Purchaser pays or is reasonably likely to pay to the bankruptcy estate of a Payor that made the Exposed Payment, on account of a claim asserted under Section 547 of the Bankruptcy Code. 4.3 Purchaser shall refund to Seller 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 expiration of the statute of limitations, settlement with the bankruptcy estate of the Payor or otherwise.

Appears in 2 contracts

Samples: Factoring and Security Agreement, Factoring and Security Agreement (Sunvalley Solar, Inc.)

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Exposed Payments. 4.1 Upon termination of this Agreement Seller shall pay to Purchaser (or Purchaser may retain or with notice to Seller), to hold in a non-segregated non-interest bearing account) account the amount of all Exposed Payments (the "Preference Reserve"). 4.2 Purchaser may charge the Preference Reserve with the amount of any Exposed Payments that Purchaser pays or is reasonably likely to pay to the bankruptcy estate of a the Payor that made the Exposed Payment, on account of a claim asserted under Section 547 of the Bankruptcy Code. 4.3 Purchaser shall refund to Seller 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 expiration passage of the statute of limitations, settlement with the bankruptcy estate of the Payor or otherwise.

Appears in 1 contract

Samples: Factoring and Security Agreement (Eastside Distilling, Inc.)

Exposed Payments. 4.1 Upon termination of this Agreement upon the occurrence of an Event of Default, Seller shall pay to Purchaser (or Purchaser may retain or retain), to hold in a non-segregated segregated, non-interest interest-bearing account) account the amount of all Exposed Payments (the "Preference Reserve"). 4.2 . Purchaser may charge the Preference Reserve preference reserve with the amount of any Exposed Payments that Purchaser pays or is reasonably likely to pay to the bankruptcy estate of a the Payor that made the Exposed Payment, on account because of a claim asserted under Section 547 of the Bankruptcy Code. 4.3 . Purchaser shall refund to Seller from time to time that balance of the Preference Reserve preference reserve for which a claim under Section 547 of the Bankruptcy Code can no longer be asserted due to the expiration passage of the statute of limitations, settlement with the bankruptcy estate of the Payor or otherwise.

Appears in 1 contract

Samples: Ledgered Abl Agreement (Veritone, Inc.)

Exposed Payments. 4.1 4.1. Upon termination of this Agreement each Seller shall pay to Purchaser (or Purchaser may retain or retain), to hold in a non-segregated non-interest bearing account) account the amount of all Exposed Payments (the "Preference Reserve"). 4.2 4.2. Purchaser may charge the Preference Reserve with the amount of any Exposed Payments that Purchaser pays or is reasonably likely to pay to the bankruptcy estate of a the Payor that made the Exposed Payment, on account of a claim asserted under Section 547 of the Bankruptcy Code. 4.3 4.3. Purchaser shall refund to the applicable Seller 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 expiration passage of the statute of limitations, settlement with the bankruptcy estate of the Payor or otherwise.

Appears in 1 contract

Samples: Factoring and Security Agreement (Urban Ag. Corp.)

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Exposed Payments. 4.1 4.1. Upon termination of this Agreement Seller shall pay to Purchaser (or Purchaser may retain or retain), to hold in a non-segregated non-interest bearing account) account the amount of all Exposed Payments (the "Preference Reserve"). 4.2 4.2. Purchaser may charge the Preference Reserve with the amount of any Exposed Payments that Purchaser pays or is reasonably likely to pay to the bankruptcy estate of a the Payor that made the Exposed Payment, on account of a claim asserted under Section 547 of the Bankruptcy Code. 4.3 4.3. Purchaser shall refund to Seller 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 expiration passage of the statute of limitations, settlement with the bankruptcy estate of the Payor or otherwise.

Appears in 1 contract

Samples: Factoring and Security Agreement (ePhoto Image, Inc.)

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