General Payment Mechanics. (a) On or prior to the Initial Funding Date, each of the Borrower Representative, the applicable Borrowers, the Lender and each Lockbox Bank shall have entered into the Depositary Agreements and shall have caused the Lockbox Banks to establish the Lender Lockboxes and the Lender Lockbox Accounts. (b) Each Borrower shall prepare, execute and deliver to each non-Governmental Entity who is or is proposed to be a payor of Receivables and that has not previously received such Notice or is not sending payments to a Lender Lockbox or Lender Lockbox Account in the manner required hereunder, with copies to the Lender, on or prior to the Initial Funding Date, a Notice to Obligors addressed to each such non-Governmental Entity, which Notice to Obligors shall state that all present and future Receivables owing to such Borrower are subject to a Lien in favor of the Lender and that all checks from such non-Governmental Entity on account of Receivables shall be sent to a Lender Lockbox and all wire transfers from such non-Governmental Entity on account of Receivables shall be wired directly into a Lender Lockbox Account. (c) Each Borrower covenants and agrees that, on and after the Initial Funding Date, all invoices (and, if provided by such Borrower, return envelopes) to be sent to non-Governmental Entities shall set forth only the address of a Lender Lockbox as a return address for payment of Receivables, and only a Lender Lockbox Account with respect to wire transfers for payment of Receivables. Each Borrower hereby further covenants and agrees to instruct and notify each of the members of its accounting and collections staff to provide identical information in communications with non-Governmental Entities with respect to Collections.
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Samples: Loan and Security Agreement (BioScrip, Inc.), Loan and Security Agreement (BioScrip, Inc.)
General Payment Mechanics. (a) On or prior to the Initial Funding Transfer Date, each of the Borrower RepresentativePrimary Servicer, the applicable BorrowersProviders, the Lender Purchaser, Healthco-4, and each the Lockbox Bank shall have entered into the Depositary Agreements Agreement and shall have caused the Lockbox Banks Bank to establish the Lender Lockboxes Purchaser Lockbox and the Lender Purchaser Lockbox AccountsAccount.
(b) Each Borrower Provider shall prepare, execute and deliver to each non-Governmental Entity who is or is proposed to be a payor of Receivables and that has not previously received such Notice or is not sending payments to a Lender Lockbox or Lender Lockbox Account in the manner required hereunderReceivables, with copies to the LenderPurchaser, on or prior to the Initial Funding Transfer Date, a Notice to Obligors addressed to each such non-Governmental Entity, which Notice to Obligors shall state that all present and future Receivables owing to such Borrower are subject Provider have been and will be transferred to a Lien in favor of the Lender Purchaser and that all checks from such non-Governmental Entity on account of Receivables shall be sent to a Lender the Purchaser Lockbox and all wire transfers from such non-Governmental Entity on account of Receivables shall be wired directly into a Lender the Purchaser Lockbox Account.
(c) Each Borrower Provider covenants and agrees that, on and after the Initial Funding Transfer Date, all invoices (and, if provided by such BorrowerProvider, return envelopes) to be sent to non-Governmental Entities shall set forth only the address of a Lender the Purchaser Lockbox as a return address for payment of Receivables, and only a Lender the Purchaser Lockbox Account with respect to wire transfers for payment of Receivables. Each Borrower Provider hereby further covenants and agrees to instruct and notify each of the members of its accounting and collections staff to provide identical information in communications with non-Governmental Entities with respect to Collections.
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Samples: Receivables Purchase and Transfer Agreement (Mim Corp)
General Payment Mechanics. (a) On or prior to the Initial Funding Closing Date, each of the Borrower RepresentativeBorrower, each Subsidiary Guarantor, the applicable BorrowersAdministrative Agent, the Lender Collateral Manager (for the benefit of the Secured Parties) and each Lockbox Bank shall have entered into the Depositary Agreements and shall have caused the Lockbox Banks to establish the Lender Lockboxes and the Lender Lockbox Accounts.
(b) Each Borrower Loan Party shall prepare, execute and deliver to each non-Governmental Entity who is or is proposed to be a payor of Receivables and that has not previously received such Notice or is not sending payments to a Lender Lockbox or Lender Lockbox Account in the manner required hereunder, with copies to the LenderCollateral Manager, on or prior to the Initial Funding Closing Date, a Notice to Obligors addressed to each such non-Governmental Entity, which Notice to Obligors shall state that all present and future Receivables owing to such Borrower Loan Party are subject to a Lien in favor of the Lender Collateral Agent (for the benefit of the Secured Parties) and that all checks from such non-Governmental Entity on account of Receivables shall be sent to a Lender Lockbox and all wire transfers from such non-Governmental Entity on account of Receivables shall be wired directly into a Lender Lockbox Account.
(c) Each Borrower Loan Party covenants and agrees that, on and after the Initial Funding Closing Date, all invoices (and, if provided by such Borrowera Loan Party, return envelopes) to be sent to non-Governmental Entities shall set forth only the address of a Lender Lockbox as a return address for payment of Receivables, and only a Lender Lockbox Account with respect to wire transfers for payment of Receivables. Each Borrower Loan Party hereby further covenants and agrees to instruct and notify each of the members of its accounting and collections staff to provide identical information in communications with non-Governmental Entities with respect to Collections.
Appears in 1 contract
Samples: Credit Agreement (BioScrip, Inc.)
General Payment Mechanics. (a) On or prior to the Initial Funding Date, Transfer Date each of the Borrower RepresentativePrimary Servicer, the applicable BorrowersProviders, the Lender Purchaser, and each Lockbox Bank DH-2 shall have entered into the Depositary Agreements Agreement and shall have caused the Lockbox Banks Bank to establish the Lender Lockboxes Purchaser Lockbox, the Purchaser Lockbox Account, the Provider Ancillary Lockbox, and the Lender Provider Ancillary Lockbox AccountsAccount.
(b) Each Borrower Provider shall prepare, execute and deliver to each non-Governmental Entity Insurer, with copies to the Purchaser, on or prior to the Initial Transfer Date, a Notice to Insurers addressed to each Insurer who is or is proposed to be a payor of Receivables and that has not previously received such Notice or is not sending payments to a Lender Lockbox or Lender Lockbox Account in the manner required hereunder, with copies to the Lender, on or prior to the Initial Funding Date, a Notice to Obligors addressed to each such non-Governmental EntityReceivables, which Notice to Obligors Insurers shall state that all present and future Receivables owing to such Borrower are subject to a Lien in favor of provide that, effective the Lender and that Initial Transfer Date, all checks and EOB's from such non-Governmental Entity Insurers on account of Receivables shall be sent to a Lender the Purchaser Lockbox and all wire transfers from such non-Governmental Entity on account of Receivables shall be wired directly into a Lender the Purchaser Lockbox Account.
(c) Each Borrower Provider covenants and agrees that, on and after the Initial Funding Transfer Date, all invoices (and, if provided by such BorrowerProvider, return envelopes) shall, (i) if to be sent to non-Governmental Entities shall Insurers, set forth only the address of a Lender the Purchaser Lockbox as a return address for payment of ReceivablesReceivables and delivery of EOB's, and only a Lender the Purchaser Lockbox Account with respect to wire transfers for payment of Receivables, and (ii) if to be sent to private payors, set forth only the address of the Provider Ancillary Lockbox as a return address for payment of such Receivables and delivery of EOB's, and only the Provider Ancillary Lockbox Account with respect to wire transfers for payment of such Receivables. Each Borrower Provider hereby further covenants and agrees to instruct and notify each of the members of its accounting and collections staff to provide identical information in communications with non-Persons other than Governmental Entities with respect to Collections, wire transfers and EOB's.
Appears in 1 contract
Samples: Healthcare Receivables Purchase and Transfer Agreement (Community Care of America Inc)
General Payment Mechanics. (a) On or prior to the Initial Funding Restatement Date, each of the Borrower RepresentativeBorrower, each other applicable Loan Party, the applicable Borrowers, Collateral Manager (for the Lender benefit of the Secured Parties) and each Lockbox Bank shall have entered into the Depositary Agreements and shall have caused the Lockbox Banks to establish the Lender Lockboxes and the Lender Lockbox Accounts.
(b) Each Borrower Loan Party shall prepare, execute and deliver (or shall have prepared, executed and delivered) to each non-Governmental Entity who is or is proposed to be a payor of Receivables and that has not previously received such Notice or is not sending payments to a Lender Lockbox or Lender Lockbox Account in the manner required hereunder, with copies to the LenderCollateral Manager, on or prior to the Initial Funding Restatement Date, a Notice to Obligors addressed to each such non-Governmental Entity, which Notice to Obligors shall state that all present and future Receivables owing to such Borrower Loan Party are subject to a Lien in favor of the Lender Collateral Agent (for the benefit of the Secured Parties) and that all checks from such non-Governmental Entity on account of Receivables shall be sent to a Lender Lockbox and all wire transfers from such non-Governmental Entity on account of Receivables shall be wired directly into a Lender Lockbox Account.
(c) Each Borrower Loan Party represents, covenants and agrees that, on and after the Initial Funding Closing Date, all invoices (and, if provided by such Borrowera Loan Party, return envelopes) sent or to be sent to non-Governmental Entities shall set forth only the address of a Lender Lockbox as a return address for payment of Receivables, and only a Lender Lockbox Account with respect to wire transfers for payment of Receivables. Each Borrower Loan Party hereby further covenants and agrees to instruct and notify each of the members of its accounting and collections staff to provide identical information in communications with non-Governmental Entities with respect to Collections.
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