Factoring Agreements. Enter into, amend or modify any Factoring Agreement with a Factor unless (a) subject to the proviso set forth in this Section below, the Factoring Agreement has been approved in writing by Agent and the conditions set forth in Section 9.03(e)(i), (ii) and (iii) hereof have been satisfied or (b) such amendment or modification thereof does not adversely affect the interest of the Agent (for purposes hereof, any change in fees, the rate of interest or the commissions charged by the Factor under the Factoring Agreement, or in the extension of the term of the Factoring Agreement, shall not be deemed to adversely affect the interest of the Agent); provided, that, with respect to Factoring Agreements entered into after the Restatement Date that provide that the Factor(s) may purchase certain Accounts from the Borrower or any Restricted Subsidiary in an amount not to exceed One Million Five Hundred Thousand Dollars ($1,500,000) in the aggregate, the conditions set forth in subclause (a) above (provided that the Borrower provide the Agent with a copy of the relevant Factoring Agreement) do not have to be satisfied until the 75th day after the date of the Factoring Agreement.
Factoring Agreements. Enter into, amend or modify any Factoring Agreement with a Factor unless same shall theretofore been approved in writing by Agent.
Factoring Agreements. Except as set forth on Schedule 2.13, no Borrower is party to any factoring agreement.
Factoring Agreements. 55 ARTICLE X
Factoring Agreements. The Credit Parties will not permit any Consolidated Party to incur or permit to exist any loans or advances from a Factor (excluding charges, fees and interest accruing in the ordinary course of business) under any Factoring Agreement.
Factoring Agreements. There shall occur a default or event of default under any Factoring Agreement and such default or event of default shall continue beyond any applicable cure period provided for therein.
Factoring Agreements. JAKKS shall maintain each Factoring Agreement in full force and effect, and purchase, and cause JAKKS Canada, JAKKS Hong Kong and JAKKS Hong Kong Subsidiaries to sell, all Accounts owing to each of them pursuant to the terms and conditions of the Factoring Agreements.
Factoring Agreements. Promptly upon the Borrower or any Material Subsidiary entering into a Factoring Agreement, deliver or cause such Person to deliver an assignment of factoring proceeds, consented to in writing by the applicable Factor and otherwise in form and substance satisfactory to the Administrative Agent, with respect to such Factoring Agreement.
Factoring Agreements. In addition to the remedies identified above, if any Event of Default has occurred and is continuing, the Collateral Agent shall upon the instruction of the Administrative Agent exercise all of the rights of the Borrower to receive payments under the Factoring Agreements. Anything contained herein or in the Factoring Agreements to the contrary notwithstanding, the Borrower shall at all times remain liable under the Factoring Agreements to perform all of the duties and obligations of the Borrower thereunder to the same extent as if this Agreement had not been executed, and the Agents and the Lenders shall not have any obligation or liability under the Factoring Agreements by reason of or arising out of this Agreement, nor shall the Agents or any of the Lenders be required or obligated in any manner to perform or fulfill any obligation of the Borrower under or pursuant to the Factoring Agreements or to make any payment, or to make any inquiry as to the nature or sufficiency of any payment received by it, or to present or file any claim, or take any action to collect or enforce the payment of any amounts which have been assigned to it or to which it may be entitled at any time or times.
