FACTORING FEES AND OTHER CHARGES Sample Clauses

FACTORING FEES AND OTHER CHARGES. 15.1 For our services hereunder, you will pay us a factoring fee or charge of 0.65% of the gross face amount of all Accounts factored with us, except Accounts owed by Home Depot, Inc., which Accounts you will pay us a factoring fee or charge of 0.25% of the gross face amount of each Account. In addition, you will pay a fee of one-quarter of one percent (1/4 of 1%) of the gross face amount of each Account for each thirty (30) day period or part thereof by which the longest terms of sale applicable to such Account exceed sixty (60) days (whether as originally stated or as a result of a change of terms requested by you or the customer). For Accounts arising from sales to customers located outside the fifty states of the United States of America, you will pay us an additional factoring fee of 1% of the gross face amount of all such Accounts. All factoring fees or charges are due and charged to your account upon our purchase of the underlying Account. 15.2 You agree to pay all costs and expenses incurred by us in connection with the preparation, execution, administration and enforcement of this Agreement, including all reasonable fees and expenses attributable to the services of our attorneys (whether in-house or outside), search fees and public record filing fees. Furthermore, you agree to pay to us our fees (as more fully set forth in the Guide, see section 18.2 below) including fees for: (a) special reports prepared by us at your request; (b) wire transfers; (c) handling change of terms requests relating to Accounts; and (d) your usage of our on-line computer services. Beginning on the first of the month six months from the date hereof, you also agree to pay us our fees for: (i) each new customer set-up on our customer accounts receivable data base and each new customer relationship established for you; (ii) crediting your account with proceeds of non-factored invoices received by us; and (iii) charge backs of invoices factored with us that were paid directly to you. All such fees will be charged to your account when incurred. Our fees may be changed by us from time to time upon notice to you; however, any failure to give you such notice does not constitute a breach of this Agreement and does not impair our ability to institute any such change. 15.3 Any tax or fee of any governmental authority imposed on or arising from any transactions between us, any sales made by you, or any inventory relating to such sales is your sole responsibility (other than income a...

FACTORING FEES AND OTHER CHARGES. 15.1. For our services hereunder, you will pay us a factoring fee or charge as set forth below on the gross face amount of all Accounts factored with us, but in no event less than $5.00 per invoice. The factoring fee will be as follows: (a) 1.25% on the gross face amount of all Accounts factored with us during each calendar month on the first Five Million Dollars ($5,000,000.00) of Accounts during any Contract Year; and (b) 1% on the gross face amount of all Accounts factored with us during each calendar month on Accounts in excess of Five Million Dollars ($5,000,000.00) up to Ten Million Dollars ($10,000,000.00) during such Contract Year; and (c) 0.9% on the gross face amount of all Accounts factored with us during each calendar month on Accounts in excess of Ten Million Dollars ($10,000,000.00) during such Contract Year.

FACTORING FEES AND OTHER CHARGES. For our services hereunder, you will pay us the Factoring Fee specified in the Term Sheet, but in no event less than the Minimum Factoring Fee Per Invoice specified in the Term Sheet. In addition, you will pay us the Extended Terms Fee specified in the Term Sheet for any Factored Accounts whose terms exceed the Maximum Payment Terms specified in the Term Sheet (whether as originally stated or as a result of a change of terms requested by you or the Account Debtor). All factoring fees are due and charged to you upon our purchase of the underlying Account. The factoring fee on Accounts due from an Account Debtor (or any affiliates or subsidiaries thereof) listed on any schedule issued by us from time to time which refers to this Agreement and is designated a Special Accounts Schedule, shall be equal to the rate set forth above, plus an amount equal to the surcharge set forth on such Special Accounts Schedule for such Account Debtor. The surcharge with respect to any Account shall be due and payable on the date on which the factoring fee for such Account is due and payable, and shall be chargeable to your account. You agree that, notwithstanding your actual sales volume, you will pay us for each Contract Year (as hereinafter defined) total factoring fees under this Section 10 and total interest charges under Section 9 that are not less than the Minimum Contract Year Factoring Fee specified in the Term Sheet. You further agree that if the aggregate amount of factoring fees and interest payable by you hereunder for any calendar month is less than one-twelfth of the Minimum Contract Year Factoring Fee we may, at our option, charge the difference to your account with us at the end of such month (it being understood that we will make subsequent adjustments if necessary to ensure that you don’t pay us with respect to any Contract Year more than the greater of (a) the total factoring fees payable hereunder for such Contract Year and (b) the Minimum Contract Year Factoring Fee). You will pay any deficiency on demand, but in no event shall the amount charged hereunder exceed the maximum amount allowed under applicable law. You further agree to pay us a wire transfer fee of in the amount specified in the Term Sheet. In the event that any representation or warranty made in clause (l) or (m) of Section 4 hereof proves to be incorrect or you fail to comply with any of the Affiliated Company Restrictions, you shall pay us on demand a fee equal to 20% of all outstanding Acc...

FACTORING FEES AND OTHER CHARGES. 15.1 For our services hereunder, you will pay us a factoring fee or charge of (a) 0.20% of the gross face amount of all Accounts factored with us which are due from Nordstrom Inc., Saks Incorporated and Neiman Marcus Group, Inc., and any and all of their respective trade names, affiliates, divisions or subsidiaries; (b) 0.40% of the gross face amount of all Factor Risk Accounts and (c) 0.35% of the gross face amount of all Client Risk Accounts factored with us, but in no event less than $3.50 per invoice with respect to all Accounts. In addition, you will pay a fee of one-quarter of one percent (¼ of 1%) of the gross face amount of each Account for each thirty (30) day period or part thereof by which the longest terms of sale applicable to such Account exceed ninety (90) days (whether as originally stated or as a result of a change of terms requested by you or the customer). For Accounts arising from sales to customers located outside the fifty states of the United States of America, you will pay us an additional factoring fee of 1.00% of the gross face amount of all such Accounts. All factoring fees or charges are due and charged to your account upon your assignment to us of the underlying Account pursuant to section 1 of this Agreement. The actual combined factoring fees or charges paid to us by Xxxxxx Xxxxxx Designs and Xxxxxx Clothing during any Contract Year or part thereof (each, a “Period”) shall be no less than the following amounts for each Period in the term of this Agreement: (i) the first Period - $350,000; (ii) the second Period - $400,000; (iii) the third Period - $450,000; (iv) the fourth Period - $500,000; and (v) the fifth Period and each subsequent Period - $550,000.00 (“Minimum Factoring Fees”). If the actual factoring fees or charges paid to us by you during any Period are less than the applicable Minimum Factoring Fees, we shall charge your account as of the end of such Period with an amount equal to the difference between the actual factoring fees or charges paid during such Period and said Minimum Factoring Fees. “Contract Year” shall mean each twelve (12) consecutive month period beginning on January 1 of each year; provided, however, that the first Contract Year shall be the period beginning on the date hereof and ending on December 31, 2016. You agree that you shall follow our instructions given to you in respect of how you shall specifically identify to us and/or segregate the Client Risk Accounts (the “Client Risk Accounts Fee C...

FACTORING FEES AND OTHER CHARGES. 15.1 For our services hereunder, you will pay us a factoring fee or charge of eight tenths of one percent (.80%) of the gross face amount of all Accounts factored with us. In addition, you will pay a fee of one-quarter of one percent (1/4 of 11%) of the gross face amount of each Account for each thirty (30) day period or part thereof by which the longest terms of sale applicable to such Account exceed ninety (90) days (whether as originally stated or as a result of a change of terms requested by you or the customer). For Accounts arising from sales to customers located outside the fifty states of the United States of America, you will pay us an additional factoring fee of one percent (M) of the gross face amount of all such Accounts. All factoring fees or charges are due and charged to your account upon our purchase of the underlying Account. Commencing January 1, 2002, in no event shall the aggregate of the factoring fees or commissions payable to us hereunder for each quarter, or part thereof ("Period"), by you and Joe's Jeans, Inc. under the separate factoring agreements with us (the "Agreements"), be less than $9,000.00. The amount, if any, by which $9,000.00 exceeds commissions earned on accounts receivable factored with us by you and Joe's Jeans, Inc. for any Period, shall be charged to either of the aforementioned accounts, at our discretion, pursuant to the respective Agreements with us as of the end of such Period.

FACTORING FEES AND OTHER CHARGES. 15.1 For our services hereunder, you will pay us a factoring fee or charge as set forth below on the gross face amount of all Accounts factored with us, but in no event less than $5.00 per invoice. The factoring fee will be as follows: (a) 1% on the gross face amount of all Accounts factored with us during each calendar month on the first Ten Million Dollars ($10,000,000.00) of Accounts during any Contract Year; and

FACTORING FEES AND OTHER CHARGES. 15.1 For our services hereunder, you will pay us a factoring fee or charge as set forth below on the gross face amount of all Accounts factored with us, but in no event less than $4.50 per invoice. The factoring fee will be as follows: (a) 1% on the gross face amount of all of your Accounts factored with us and the accounts of USI (collectively, “Combined Accounts”) during each calendar month on the first Fifteen Million Dollars ($15,000,000.00) of Accounts during any Period; and (b) 0.875% on the gross face amount of all Combined Accounts factored with us during each calendar month on Combined Accounts in excess of Fifteen Million Dollars ($15,000,000.00) up to Thirty Million Dollars ($30,000,000.00) during such Period; and (c) 0.75% on the gross face amount of all Combined Accounts factored with us during each calendar month on Combined Accounts in excess of Thirty Million Dollars ($30,000,000.00) during such Period; and (d) 0.25% of the gross face amount of all Combined Accounts factored with us from Home Depot Inc., Home Depot Supply, Hxxxxx Supply, Inc. and Contractors Warehouse. (e) Commencing on the date occurring on the first day of the next month hereafter, if the actual factoring fees or charges paid to us by you and USI, during the period commencing on January 1, 2007 to December 31, 2007 (“Initial Period”) is less than $75,000.00 (such amount, the “Initial Minimum Factoring Fees”), we shall charge your account and/or USI’s account, at our option, as of the end of such Initial Period with an amount equal to the difference between the actual factoring fees or charges paid during such Initial Period and said Initial Minimum Factoring Fees. Commencing on the first day of the month immediately following the end of the Initial Period, if the actual factoring fees or charges paid to us by you and/or USI, during any calendar year or part thereof which follows (“Subsequent Period”) is less than the Initial Minimum Factoring Fees we shall charge your account and/or the account of USI, at our option, as of the end of such Subsequent Period with an amount equal to the difference between the actual factoring fees or charges paid during such Subsequent Period and the Initial Minimum Factoring Fees. For purposes of this Agreement the Initial Period and each Subsequent Period may be referred to as the “Period”. Without limiting the forgoing, upon any termination of this Agreement or upon the termination of the separate Factoring Agreements between you and USI,...

FACTORING FEES AND OTHER CHARGES. 15.1 For our services hereunder, you will pay us a factoring fee or charge of three-tenths of one percent (.30%) of the gross face amount of all Accounts, less trade and cash discounts, factored with us. 15.2 You agree to pay all costs and expenses incurred by us in connection with the preparation, execution, administration and enforcement of this Agreement, including all reasonable fees and expenses attributable to the services of our attorneys (whether In-house or outside), search fees and public record filing fees. Furthermore, you agree to pay our fees (as more fully set forth in the Guide, see section 18.2 below) including fees for: (a) special reports prepared by us at your request; (b) wire transfers, in the amount of $15.00 each, but not to exceed $300.00 per month: (c) your usage of our on-line computer services, at a rate of $20.00 per hour, or any part thereof, but not to exceed $100.00 per month, or any part thereof. All such fees will be charged to your account when incurred. We may change our fees from time to time upon notice to you; however, any failure to give you such notice does not constitute a breach of this Agreement and does not impair our ability to institute any such change. 15.3 Any tax or fee of any governmental authority imposed on or arising from any transactions between us, any sales made by you, or any inventory relating to such sales is your sole responsibility (other than income and franchise taxes imposed on us which are not related to any specific transaction between us). If we are required to withhold or pay any such tax or fee, or any interest or penalties thereon, you hereby indemnify and hold us harmless therefor and we shall charge your account with the full amount thereof.

FACTORING FEES AND OTHER CHARGES. 15.1 For our services hereunder, you will pay us a factoring fee or charge of one-half of one percent (.50%) of the gross face amount of all Accounts factored with us, but in no event less than $5.00 per invoice. In addition, you will pay a fee of one-quarter of one percent (1/4 of 1%) of the gross face amount of each Account for each thirty (30) day period or part thereof by which the longest terms of sale applicable to such Account exceed sixty (60) days (whether as originally stated or as a result of a change of terms requested by you or the customer). For Accounts arising from sales to customers located outside the fifty states of the United States of America, you will pay us an additional factoring fee of 1% of the gross face amount of all such Accounts. All factoring fees or charges are due as of the 15th day of that month. You agree to factor with us a minimum of $10,000,000 in factored sales (the "Minimum Volume") during each Contract Year (defined below). If you do not factor with us the Minimum Volume with respect to each Contract Year or part thereof, we shall be entitled to charge your account as of the end of such Contract Year or part thereof with an amount equal to the difference between the Minimum Volume multiplied by the Rate and the actual factoring fees or charges paid by you during such Contract Year or part thereof (the "Minimum Fee Difference"). "Contract Year" means the twelve-month period ending on the Anniversary Date and each Anniversary Date thereafter.

FACTORING FEES AND OTHER CHARGES. 15.1 For our services hereunder, you will pay us a factoring fee or charge of one-half of one percent (.50%) of the gross face amount of all Accounts factored with us, but in no event less than $1.00 per invoice. In addition, except for Accounts due from Kohl's Department Stores representing promotional sales for new store openings, you will pay a fee of one-quarter of one percent (1/4 of 1%) of the gross face amount of each Account for each thirty (30) day period or part thereof by which the longest terms of sale applicable to such Account exceed sixty (60) days (whether as originally stated or as a result of a change of terms requested by you or the customer). For Accounts arising from sales to customers located outside the fifty states of the United States of America, you will pay us an additional factoring fee of one percent (1%) of the gross face amount of all such Accounts. All factoring fees or charges are due and charged to your account upon our purchase of the underlying Account. Commencing on even date herewith, if the actual factoring fees or charges paid to us by you during any consecutive twelve-month period commencing April 1, 2004 or part thereof ("Period"), is less than $400,000 ("Minimum Factoring Fees"), we shall charge your account as of the end of such Period with an amount equal to the difference between the actual factoring fees or charges paid during such Period and said Minimum Factoring Fees. 15.2 You agree to pay all out of pocket costs and expenses incurred by us in connection with the preparation, execution, administration and enforcement of this Agreement, including all reasonable fees and expenses attributable to the services of our attorneys (whether in-house or outside), search fees and public record filing fees. Furthermore, you agree to pay to us our fees (as more fully set forth in the Guide, see section 18.2 below) including fees for: (a) special reports prepared by us at your request;