Common use of List of Receivables Clause in Contracts

List of Receivables. 5.1 Within three months after the end of each calendar year (for the first time for the calendar year 2010) and if an Enforcement Event has occurred and is continuing at any time upon reasonable request of the Collateral Agent, the Assignor shall deliver to the Collateral Agent a list of the Receivables as of the end of the relevant calendar year or, as the case may be, the last day of the month prior to the Collateral Agent’s request following the occurrence of an Enforcement Event which is continuing. In addition, the Assignor shall, at the reasonable request of the Collateral Agent following the occurrence of a Default and while it is continuing, deliver a list of the Customer Receivables, Current Account Receivables and Collection Arrangement Receivables as at the last day of the month prior to such request by the Collateral Agent. Each such list of the Receivables shall be on a computer disk or in such other form as agreed between the Collateral Agent and the Assignor. The Collateral Agent may in its reasonable discretion request a computer print-out in addition to any other form in which the list may be delivered. 5.2 Unless otherwise agreed between the Assignor and the Collateral Agent (acting on the instructions of the Secured Parties in accordance with the Principal Finance Documents), each list of the Receivables (or, as the case may be, Customer Receivables, Current Account Receivables and Collection Arrangement Receivables) referred to in sub-Clause 5.1 shall show the names and addresses of the relevant debtors as well as any outstanding amounts and the due dates for payment. In addition, each list shall include all unpaid counter claims, if any, which arise from contracts between the Assignor and the relevant debtors, and shall state the exact amount of such unpaid claim, the maturity date and the name of the respective debtor. 5.3 Any list of Receivables referred to in sub-Clauses 5.1 and 5.2 above is provided for information purposes only and if for any reason whatsoever the relevant Receivables are not, or are incompletely, contained in the list presented, then the assignment of the Receivables shall not be affected thereby. 5.4 In case the Assignor is under an obligation to deliver a list of Receivables pursuant to Clause 5.1 above and if the Assignor employs a third party for its bookkeeping and/or data processing, the Assignor hereby authorises the Collateral Agent to obtain any list of Receivables directly from such third party at the Assignor’s expense.

Appears in 11 contracts

Samples: Global Assignment Agreement (RenPac Holdings Inc.), Global Assignment Agreement (RenPac Holdings Inc.), Global Assignment Agreement (RenPac Holdings Inc.)

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List of Receivables. 5.1 Within three months 15 (fifteen) business days after the end of each calendar year (for the first time for the calendar year 2010) quarter and if an Enforcement Event has occurred and is continuing in addition at any time upon the reasonable request of the Collateral AgentAgent following an Enforcement Event which is continuing, the Assignor shall deliver to the Collateral Agent a list of the Receivables as of the end of the relevant calendar year or, as the quarter or in case may be, the last day of the month prior to the Collateral Agent’s request following the occurrence of an Enforcement Event which is continuing. In addition, the Assignor shall, at the information delivered upon reasonable request of the Collateral Agent following the occurrence of a Default and while it is continuingAgent, deliver a list as of the end of the preceding calendar month, provided that, in relation to Customer Receivables, Current Account Receivables and Collection Arrangement Receivables as at the last day of the month prior such lists to such request by the Collateral Agentbe delivered on a regular quarterly basis shall only be delivered to receivables against customers (Kundenforderungen). Each such This list of the Receivables shall be on a computer disk or in such other form as agreed between the Collateral Agent and the Assignor. The Collateral Agent may in its reasonable discretion request a computer print-out in addition to any other form in which the list may be delivered. 5.2 Unless otherwise agreed between agreed, the Assignor and the Collateral Agent (acting on the instructions of the Secured Parties in accordance with the Principal Finance Documents), each list of the Receivables (or, as the case may be, Customer Receivables, Current Account Receivables and Collection Arrangement Receivables) referred to in sub-Clause 5.1 shall show the names and addresses of the relevant debtors as well as any outstanding amounts and the due dates for payment. With respect to any Insurance Receivables, the name and address of the insurance holder (Versicherungsnehmer), the name and address of the insurant (Versicherter), the type of insurance and the insurance policy number shall also be included. In addition, each the list shall include all unpaid counter claims, if any, which arise from contracts between the Assignor and the relevant debtors, and shall state the exact amount of such unpaid claim, the maturity date and the name of the respective debtor. 5.3 Any list of Receivables referred to in sub-Clauses 5.1 and 5.2 above is provided for information purposes only and if for any reason whatsoever the relevant Receivables are not, or are incompletely, contained in the list presented, then the assignment of the Receivables shall not be affected thereby. 5.4 In case the Assignor is under an obligation to deliver a list of Receivables pursuant to Clause 5.1 above and if If the Assignor employs a third party for its bookkeeping and/or data processing, the Assignor hereby authorises the Collateral Agent to obtain any list of Receivables directly from such third party at the Assignor’s expenseexpense at the same times and under the same conditions as set out in this Clause 5. For the avoidance of doubt, such authorisation does not release the Assignor from its obligation to provide lists of the Receivables to the Collateral Agent under this Clause 5.

Appears in 2 contracts

Samples: Global Assignment Agreement (Axalta Coating Systems Ltd.), Global Assignment Agreement (Axalta Coating Systems Ltd.)

List of Receivables. 5.1 Within three 3 (three) months after the end of each calendar year (for the first time for the calendar year 20102014) and if an Enforcement Event has occurred and is continuing at any time upon reasonable request of the Collateral Agent, the Assignor shall deliver to the Collateral Agent a list of the Receivables as of the end of the relevant calendar year or, as the case may be, the last day of the month prior to the Collateral Agent’s 's request following the occurrence of an Enforcement Event which is continuing. In addition, the Assignor shall, at the reasonable request of the Collateral Agent following the occurrence of a an Event of Default and while it is continuing, deliver a list of the Customer Receivables, Current Account Receivables and Collection Arrangement Receivables as at the last day of the month prior to such request by the Collateral Agent. Each such list of the Receivables shall be on a computer disk or in such other form as agreed between the Collateral Agent and the Assignor. The 19245-3-4551-v4.0 - 13 - 70-40145101 Collateral Agent may in its reasonable discretion request a computer print-out in addition to any other form in which the list may be delivered. 5.2 Unless otherwise agreed between the Assignor and the Collateral Agent (acting on the instructions of the Secured Parties in accordance with the Principal Finance Documents), each list of the Receivables (or, as the case may be, Customer Receivables, Current Account Receivables and Collection Arrangement Receivables) referred to in sub-Clause 5.1 ‎5.1 shall show the names and addresses of the relevant debtors as well as any outstanding amounts and the due dates for payment. In addition, each list shall include all unpaid counter claims, if any, which arise from contracts between the Assignor and the relevant debtors, and shall state the exact amount of such unpaid claim, the maturity date and the name of the respective debtor. 5.3 Any list of Receivables referred to in sub-Clauses 5.1 and 5.2 above is provided for information purposes only and if for any reason whatsoever the relevant Receivables are not, or are incompletely, contained in the list presented, then the assignment of the Receivables shall not be affected thereby. 5.4 In case the Assignor is under an obligation to deliver a list of Receivables pursuant to Clause 5.1 ‎5.1 above and if the Assignor employs a third party for its bookkeeping and/or data processing, the Assignor hereby authorises the Collateral Agent to obtain any list of Receivables directly from such third party at the Assignor’s 's expense.

Appears in 1 contract

Samples: Global Assignment Agreement (Reynolds Group Holdings LTD)

List of Receivables. 5.1 Within three months after the end of each calendar year (for the first time for the calendar year 2010) and if an Enforcement Event has occurred and is continuing at any time upon reasonable request of the Collateral Agent, the Assignor shall deliver to the Collateral Agent a list of the Receivables as of the end of the relevant calendar year or, as the case may be, the last day of the month prior to the Collateral Agent’s request following the occurrence of an Enforcement Event which is continuing. In addition, the Assignor shall, at the reasonable request of the Collateral Agent following the occurrence of a Default and while it is continuing, deliver a list of the Customer Receivables, Current Account Receivables and Collection Arrangement Receivables as at the last day of the month prior to such request by the Collateral Agent. Each such list of the Receivables shall be on a computer disk or in such other form as agreed between the Collateral Agent and the Assignor. The Collateral Agent may in its reasonable discretion request a computer print-out in addition to any other form in which the list may be delivered. 5.2 Unless otherwise agreed between the Assignor and the Collateral Agent (acting on the instructions of the Secured Parties in accordance with the Principal Finance Documents), each list of the Receivables (or, as the case may be, Customer Receivables, Current Account Receivables and Collection Arrangement Receivables) referred to in sub-Clause 5.1 shall show the names and addresses of the relevant debtors as well as any outstanding amounts and the due dates for payment. In addition, each list shall include all unpaid counter claims, if any, which arise from contracts between the Assignor and the relevant debtors, and shall state the exact amount of such unpaid claim, the maturity date and the name of the respective debtor. 5.3 Any list of Receivables referred to in sub-Clauses 5.1 and 5.2 above is provided for information purposes only and if for any reason whatsoever the relevant Receivables are not, or are incompletely, contained in the list presented, then the assignment of the Receivables shall not be affected thereby. 5.4 In case the Assignor is under an obligation to deliver a list of Receivables pursuant to Clause 5.1 5.45.1 above and if the Assignor employs a third party for its bookkeeping and/or data processing, the Assignor hereby authorises the Collateral Agent to obtain any list of Receivables directly from such third party at the Assignor’s expense.

Appears in 1 contract

Samples: Global Assignment Agreement (RenPac Holdings Inc.)

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List of Receivables. 5.1 Within three months after Upon the end occurrence of each calendar year (for an Insolvency Event of Default or upon request of the first time for Security Trustee if the calendar year 2010) Security Trustee has been so instructed pursuant to the Security Trust and if an Enforcement Event has occurred and is continuing Intercreditor Deed upon or at any time upon reasonable request after the occurrence of an Event of Default which is continuing the Assignor shall, within ten (10) Business Days of the Collateral Agent, the Assignor shall deliver to the Collateral Agent a list occurrence of the Receivables as Insolvency Event of the end Default or request following an Event of the relevant calendar year or, Default (as the case may be), the last day of the month prior deliver to the Collateral Agent’s request following the occurrence of an Enforcement Event which is continuing. In addition, the Assignor shall, at the reasonable request of the Collateral Agent following the occurrence of a Default and while it is continuing, deliver Security Trustee a list of the Customer Receivables, Current Account Receivables and Collection Arrangement Receivables as at the last day of the month prior to such request by the Collateral Agent. Each such list of the Receivables shall be on a computer disk or in such other form as agreed between the Collateral Agent Security Trustee and the Assignor. The Collateral Agent may in , containing information on the Receivables. 5.2 In the event the Security Trustee, having used its reasonable discretion efforts, has been unable to access any computer disk, the Assignor undertakes to provide the Security Trustee, upon request by the Security Trustee, with a computer print-out in addition to any other form in which the list may be delivered. 5.2 Unless otherwise agreed between the Assignor and the Collateral Agent (acting on the instructions of the Secured Parties in accordance with the Principal Finance Documents), each list of the Receivables (orin addition to, as or instead of, the case may be, Customer Receivables, Current Account Receivables and Collection Arrangement Receivables) computer disks referred to under Clause 5.1. 5.3 The list referred to in sub-Clause 5.1 shall show the names and addresses of the relevant debtors as well as any outstanding amounts and the due dates is for payment. In addition, each list shall include all unpaid counter claims, if any, which arise from contracts between the Assignor and the relevant debtors, and shall state the exact amount of such unpaid claim, the maturity date and the name of the respective debtor. 5.3 Any list of Receivables referred to in sub-Clauses 5.1 and 5.2 above is provided for information notification purposes only and if for any reason whatsoever the relevant Receivables are not, or are incompletely, incompletely contained in the list presented, then the assignment of the Receivables Collateral shall not be affected thereby. 5.4 In Unless otherwise agreed, the list under Clause 5.1 shall show the names and addresses of the third-party debtors (each a "DEBTOR" and together the "DEBTORS") or the insurers (each an "INSURER" and together the "INSURERS"), as the case my be, as well as the Assignor is under outstanding amounts and the due dates for payment. 5.5 Upon the occurrence of an obligation to deliver a list Insolvency Event of Receivables Default or upon request of the Security Trustee if the Security Trustee has been so instructed pursuant to Clause 5.1 above the Security Trust and Intercreditor Deed upon or at any time after the occurrence of an Event of Default and if the Assignor employs a third party for its bookkeeping and/or data processing, data-processing then the Assignor hereby authorises the Collateral Agent Security Trustee to obtain any list of Receivables the lists directly from such third party at the Assignor’s 's expense.

Appears in 1 contract

Samples: Global Assignment Agreement (Marconi Corp PLC)

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