Governmental Entities 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 the Borrowers shall have caused the Lockbox Banks to establish the Borrower Lockboxes and the Borrower Lockbox Accounts. Each Borrower shall prepare, execute and deliver to each Governmental Entity or its fiscal intermediary who is or is proposed to be an Obligor of Receivables and that has not previously received such Notice or is not sending payments to a Borrower Lockboxes or a Borrower Lockbox Account in the manner required hereunder, with copies to the Lender, on or prior to the Initial Funding Date, Notices to Governmental Entities, which Notices to Governmental Entities shall provide that all checks from Governmental Entities on account of Receivables shall be sent to a Borrower Lockbox and all wire transfers on account of Receivables shall be wired directly into a Borrower Lockbox Account. (b) Each Borrower covenants and agrees that, on and after the Initial Funding Date, all invoices to be sent to Governmental Entities (and, if provided by such Borrower, return envelopes) shall set forth only the address of a Borrower Lockbox as a return address for payment of Receivables, and only a Borrower Lockbox Account with respect to wire transfers for payment of Receivables. Each Borrower 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 Governmental Entities with respect to Collections. (c) Each Borrower shall maintain its Borrower Lockbox Accounts exclusively for the receipt of payments on account of Receivables from Governmental Entities. Each Borrower shall take all actions necessary to ensure that no payments from any Person other than a Governmental Entity shall be deposited in the Borrower Lockbox Accounts.
Appears in 2 contracts
Samples: Loan and Security Agreement (BioScrip, Inc.), Loan and Security Agreement (BioScrip, Inc.)
Governmental Entities Payment Mechanics. (a) On or prior to the Initial Funding Transfer Date, each of the Borrower RepresentativePrimary Servicer, the applicable BorrowersProvider, the Lender Purchaser, and each Lockbox Bank DH-2 shall have entered into the Depositary AgreementsAgreement, and the Borrowers Provider shall have caused the Lockbox Banks Bank to establish the Borrower Lockboxes Provider Lockbox and the Borrower Provider Lockbox AccountsAccount. Each Borrower The Provider shall prepare, execute and deliver to each Governmental Entity or its fiscal intermediary who is or is proposed to be an Obligor of Receivables and that has not previously received such Notice or is not sending payments to a Borrower Lockboxes or a Borrower Lockbox Account in the manner required hereunderReceivables, with copies to the LenderPurchaser, on or prior to the Initial Funding Transfer Date, Notices a Notice to Governmental EntitiesEntities addressed to each such Governmental Entity, which Notices Notice to Governmental Entities shall provide that all checks checks, including any attached EOB's, from Governmental Entities on account of Receivables shall be sent to a Borrower the Provider Lockbox and all wire transfers on account of Receivables shall be wired directly into a Borrower the Provider Lockbox Account.
(b) Each Borrower The Provider covenants and agrees that, on and after the Initial Funding Transfer Date, all invoices to be sent to Governmental Entities (and, if provided by such Borrowerthe Provider, return envelopes) shall set forth only the address of a Borrower the Provider Lockbox as a return address for payment of ReceivablesReceivables and delivery of any EOB's attached to checks from Governmental Entities, and only a Borrower the Provider Lockbox Account with respect to wire transfers for payment of Receivables. Each Borrower The Provider 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 Governmental Entities with respect to Collections, wire transfers and EOB's.
(c) Each Borrower The Provider shall maintain its Borrower Provider Lockbox Accounts Account solely and exclusively for the receipt of payments on account of Receivables from Governmental Entities. Each Borrower The Provider shall take all actions necessary to ensure that no payments from any Person other than a Governmental Entity shall be deposited in the Borrower Provider Lockbox AccountsAccount.
Appears in 2 contracts
Samples: Healthcare Receivables Purchase and Transfer Agreement (Nu Tech Bio Med Inc), Healthcare Receivables Purchase and Transfer Agreement (Physicians Clinical Laboratory Inc)
Governmental Entities Payment Mechanics. (a) On or prior to the Initial Funding Restatement Date, each Loan Party, the Collateral Manager (for the benefit of the Borrower Representative, the applicable Borrowers, the Lender Secured Parties) and each Lockbox Bank shall have entered into the Depositary Agreements, and the Borrowers Loan Party shall have caused the Lockbox Banks to establish the Borrower Lockboxes and the Borrower Lockbox Accounts. Each Borrower Loan Party shall prepare, execute and deliver (or shall have prepared, executed and delivered) to each Governmental Entity or its fiscal intermediary who is or is proposed to be an Obligor of Receivables and that has not previously received such Notice or is not sending payments to a Borrower Lockboxes or a Borrower Lockbox Account in the manner required hereunder, with copies to the LenderCollateral Manager, on or prior to the Initial Funding Restatement Date, Notices to Governmental Entities, which Notices to Governmental Entities shall provide that all checks from Governmental Entities on account of Receivables shall be sent to a Borrower Lockbox and all wire transfers on account of Receivables shall be wired directly into a Borrower Lockbox Account.
(b) Each Borrower Loan Party represents, covenants and agrees that, on and after the Initial Funding Closing Date, all invoices sent to be sent to Governmental Entities (and, if provided by such Borrowera Loan Party, return envelopes) shall set forth only the address of a Borrower Lockbox as a return address for payment of Receivables, and only a Borrower Lockbox Account with respect to wire transfers for payment of Receivables. Each Borrower Loan Party 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 Governmental Entities with respect to Collections.
(c) Each Borrower Loan Party shall maintain its Borrower Lockbox Accounts exclusively for the receipt of payments on account of Receivables from Governmental Entities. Each Borrower Loan Party shall take all actions necessary to ensure that no payments from any Person other than a Governmental Entity shall be deposited in the Borrower Lockbox Accounts.
Appears in 1 contract
Governmental Entities Payment Mechanics. (a) On or prior to the Initial Funding Transfer Date, each of the Borrower RepresentativePrimary Servicer, the applicable BorrowersProviders, the Lender Purchaser, the Program Manager, the Collateral Agent and each the Lockbox Bank shall have entered into the Depositary AgreementsAgreement, and the Borrowers Providers shall have caused the Lockbox Banks Bank to establish the Borrower Primary Provider Account and the Government Lockboxes and Government Lockbox Accounts for those Providers indicated on Schedule VIII. In addition, on or prior to the Borrower Initial Transfer Date, each of the Providers listed on Schedule VIII hereto that have or will have established a Government Lockbox Accountsand Government Lockbox Account at a bank other than the Lockbox Bank shall have entered into a Government Depositary Agreement with the bank listed next to such Provider's name on Schedule VIII, the Primary Servicer, the Purchaser, the Program Manager and the Collateral Agent, and shall have caused such bank to establish a Government Lockbox and a Government Lockbox Account. Each Borrower Provider shall prepare, execute and deliver to each Governmental Entity or its fiscal intermediary who is or is proposed expected to be an Obligor of Receivables and that has not previously received such Notice or is not sending payments to a Borrower Lockboxes or a Borrower Lockbox Account in the manner required hereunderObligor, with copies to the LenderPurchaser, on or prior to the Initial Funding Transfer Date, Notices to Governmental Entities, which Notices to Governmental Entities shall provide that all checks and EOB's from Governmental Entities on account of Receivables shall be sent to a Borrower the applicable Government Lockbox and all wire transfers on account of Receivables shall be wired directly into a Borrower Lockbox the applicable Provider Account.
(ba) Each Borrower Provider covenants and agrees that, on and after the Initial Funding Transfer Date, all invoices to be sent to Governmental Entities (and, if provided by such BorrowerProvider, return envelopes) shall set forth only the address of a Borrower the applicable Government Lockbox as a return address for payment of ReceivablesReceivables and delivery of EOB's, and only a Borrower Lockbox the applicable Provider Account with respect to wire transfers for payment of Receivables. Each Borrower Provider 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 Governmental Entities with respect to Collectionspayment of Receivables, wire transfers and EOB's.
(cb) Each Borrower The Providers shall maintain its Borrower the Government Lockbox, the Government Lockbox Accounts Account and the Provider Account solely and exclusively for the receipt of payments on account of Receivables from Governmental Entities. Each Borrower The Providers and the Primary Servicer shall take all actions necessary to ensure that no payments from any Person other than a Governmental Entity shall be deposited in the Borrower any Government Lockbox Accountsor any Provider Account.
Appears in 1 contract
Samples: Receivables Purchase and Transfer Agreement (Five Star Quality Care Inc)
Governmental Entities Payment Mechanics. (a) On or prior to the Initial initial Funding Date, each of the Borrower Representative, the applicable Borrowers, the Lender and each the applicable Lockbox Bank Banks shall have entered into the Depositary Agreements, and the Borrowers shall have caused the applicable Lockbox Banks to establish the Borrower Lockboxes and the Borrower Lockbox Accounts. Each Borrower shall prepare, execute and deliver to each Governmental Entity or its fiscal intermediary who is or is proposed to be an Obligor of Receivables and that has not previously received such Notice or is not sending payments to a Borrower Lockboxes or a Borrower Lockbox Account in the manner required hereunderReceivables, with copies to the Lender, on or prior to the Initial initial Funding Date, Notices to Governmental Entities, which Notices to Governmental Entities shall provide that all checks and EOB's from Governmental Entities on account of Receivables shall be sent to a the Borrower Lockbox Lockboxes and all wire transfers on account of Receivables shall be wired directly into a the Borrower Lockbox AccountAccounts.
(b) Each Borrower covenants The Borrowers covenant and agrees agree that, on and after the Initial Funding Closing Date, all invoices to be sent to Governmental Entities (and, if provided by such any Borrower, return envelopes) shall set forth only the address of a the designated Borrower Lockbox as a return address for payment of ReceivablesReceivables and delivery of EOB's, and only a the designated Borrower Lockbox Account with respect to wire transfers for payment of Receivables. Each Borrower 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 Governmental Entities with respect to Collections, wire transfers and EOB's.
(c) Each Borrower shall maintain its respective Borrower Lockbox Accounts Account solely and exclusively for the receipt of payments on account of Receivables from Governmental Entities. Each Borrower shall take all actions necessary to ensure that no payments from any Person other than a Governmental Entity shall be deposited in the its respective Borrower Lockbox AccountsAccount.
Appears in 1 contract
Samples: Loan and Security Agreement (Matria Healthcare Inc)
Governmental Entities Payment Mechanics. (a) On or prior to the Initial Funding Closing Date, Date, each Loan Party, the Administrative Agent, the Collateral Manager (for the benefit of the Borrower Representative, the applicable Borrowers, the Lender Secured Parties) and each Lockbox Bank shall have entered into the Depositary Agreements, and the Borrowers Loan Party shall have caused the Lockbox Banks to establish the Borrower Lockboxes and the Borrower Lockbox Accounts. Each Borrower Loan Party shall prepare, execute and deliver to each Governmental Entity or its fiscal intermediary who is or is proposed to be an Obligor of Receivables and that has not previously received such Notice or is not sending payments to a Borrower Lockboxes or a Borrower Lockbox Account in the manner required hereunder, with copies to the LenderCollateral Manager, on or prior to the Initial Funding Closing Date, Notices to Governmental Entities, which Notices to Governmental Entities shall provide that all checks from Governmental Entities on account of Receivables shall be sent to a Borrower Lockbox and all wire transfers on account of Receivables shall be wired directly into a Borrower Lockbox Account.
(b) Each Borrower Loan Party covenants and agrees that, on and after the Initial Funding Closing Date, all invoices to be sent to Governmental Entities (and, if provided by such Borrowera Loan Party, return envelopes) shall set forth only the address of a Borrower Lockbox as a return address for payment of Receivables, and only a Borrower Lockbox Account with respect to wire transfers for payment of Receivables. Each Borrower Loan Party 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 Governmental Entities with respect to Collections.
(c) Each Borrower Loan Party shall maintain its Borrower Lockbox Accounts exclusively for the receipt of payments on account of Receivables from Governmental Entities. Each Borrower Loan Party shall take all actions necessary to ensure that no payments from any Person other than a Governmental Entity shall be deposited in the Borrower Lockbox Accounts.
Appears in 1 contract
Samples: Credit Agreement (BioScrip, Inc.)
Governmental Entities Payment Mechanics. (a) On or prior to the Initial Funding Transfer Date, each of the Borrower RepresentativePrimary Servicer, the applicable BorrowersOriginators, the Lender Company, the Lender, and each Lockbox the Collecting Bank shall have entered into the Depositary AgreementsAgreement, and the Borrowers Originators shall have caused the Lockbox Banks Collecting Bank to establish the Borrower Lockboxes Originator Lockbox and the Borrower Originator Lockbox Accounts. Each Borrower Account.
(b) On or prior to the Initial Transfer Date, each Originator shall prepare, execute and deliver to each Designated Obligor who is a Governmental Entity Entity, or its fiscal intermediary who is or is proposed to be an Obligor of Receivables and that has not previously received such Notice or is not sending payments to a Borrower Lockboxes or a Borrower Lockbox Account in the manner required hereunderintermediary, with copies to the LenderCompany and the Agent, on or prior to the Initial Funding Date, Notices a Notice to Governmental EntitiesEntities addressed to each such Governmental Entity, which Notices Notice to Governmental Entities shall provide that all checks and EOB's from Governmental Entities on account of Receivables Accounts shall be sent to a Borrower the Originator Lockbox and all wire transfers on account of Receivables Accounts shall be wired directly into a Borrower the Originator Lockbox Account.
(bc) Each Borrower Originator covenants and agrees that, on and after the Initial Funding Transfer Date, all invoices to be that are sent to Designated Obligors who are Governmental Entities (andand return envelopes, if provided by such Borrower, return envelopesOriginator) shall set forth only the address of a Borrower the Originator Lockbox as a return address for payment of ReceivablesAccounts and delivery of EOB's, and only a Borrower the Originator Lockbox Account with respect to wire transfers for payment of ReceivablesAccounts. Each Borrower Originator 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 Governmental Entities with respect to Collections, wire transfers and EOB's.
(cd) Each Borrower The Originators shall maintain its Borrower the Originator Lockbox Accounts and the Originator Lockbox Account solely and exclusively for the receipt of payments on account of Receivables from Governmental Entities. Each Borrower shall take all actions necessary to ensure that no payments from any Person other than a Governmental Entity shall be deposited in the Borrower Lockbox Accounts.Accounts (and delivery of EOB's) from
Appears in 1 contract
Samples: Originator Purchase and Contribution Agreement (National Diagnostics Inc)