Common use of Non-Payment Report Clause in Contracts

Non-Payment Report. If a Purchased Receivable remains unpaid, in part or in full, past the date that is thirty (30) Business Days after the applicable Adjusted Due Date therefor (an “Overdue Receivable”), the applicable Servicer shall report to the Buyer in a written report describing in reasonable detail the cause of such non-payment, including whether a Dispute or Insolvency Event exists with respect to the applicable Account Debtor (each a “Non-Payment Report”) and if the reason for such non-payment is not a Dispute or an Insolvency Event, the Buyer may in its sole discretion, upon at least five (5) Business Days’ prior notice to the applicable Servicer, (i) contact such Account Debtor by phone or in person to discuss the status of such Purchased Receivable and to inquire whether such payment delay or non-payment is due to a Dispute or Insolvency Event and when payment can be expected and/or (ii) take any other lawful action to collect such Purchased Receivable directly from such Account Debtor and/or (iii) terminate the appointment of the relevant Seller as Servicer with respect to such Purchased Receivable. Notwithstanding the foregoing, in the event a Purchased Receivable has not been paid in full by the date that is thirty-five (35) Business Days after the Adjusted Due Date therefor, and the applicable Servicer has not provided to the Buyer a certification that the missed payment on such Overdue Receivable is a result of an Insolvency Event or other condition with the applicable Account Debtor which has caused the applicable Account Debtor to not have the financial ability to make payment on such Purchased Receivable (a “Credit Default Certification”), together with evidence reasonably satisfactory to the Buyer that such Credit Default Certification is true and accurate, a Dispute shall be deemed to exist with respect to such Overdue Receivable. (i)

Non-Payment Report. If In the event a Purchased Receivable remains unpaid, has not been paid in part or in full, past full by the date that is thirty seven (307) Business Days days after the applicable Adjusted Due Maturity Date therefor (an “Overdue Receivable”), the applicable Servicer Seller shall report use commercially reasonable efforts to determine the cause of such payment delay or non-payment, including whether it is due to a Dispute, and it shall deliver to the Buyer in Administrative Agent (for delivery [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. to the Buyer) by no later than fourteen (14) days after such Maturity Date, a written certification and report (a “Non-Payment Report”) identifying the Overdue Receivable and the Account Debtor thereof and describing in reasonable detail the cause of such non-payment, including whether a Dispute or Insolvency Event exists with respect to such Overdue Receivable, or certifying that such cause is unknown. In the applicable Account Debtor event a Purchased Receivable has not been paid in full by the date that is thirty (each 30) days after the Maturity Date therefor and no Non-Payment Report with respect thereto has been delivered or the Non-Payment Report delivered with respect thereto does not report a Dispute or states that the cause of such payment delay or non-payment is unknown (a “Non-Payment ReportEvent”) and if the reason for such non-payment is not a Dispute or an Insolvency Event), the Buyer Administrative Agent may in its sole discretiondiscretion (or shall, upon at least five the direction of the Required Buyers) (5) Business Days’ prior notice to the applicable Servicer, (ia) contact such Account Debtor by phone or in person to discuss the status of such Purchased Overdue Receivable and to inquire whether such payment delay or non-payment is due to a Dispute or Insolvency Event and when payment can be expected and/or (iib) take any other lawful action to collect such Purchased Receivable directly from such Account Debtor. If the Account Debtor and/or (iii) terminate advises the appointment Administrative Agent of the relevant Seller as Servicer with respect to such Purchased Receivable. Notwithstanding existence of a Dispute, the foregoing, in the event a Purchased Receivable has not been paid in full by the date that is thirty-five (35) Business Days after the Adjusted Due Date therefor, and Administrative Agent shall advise the applicable Servicer has not provided to the Buyer a certification that the missed payment on Seller of such Overdue Receivable is a result of an Insolvency Event or other condition with that the applicable Account Debtor which has caused the applicable Account Debtor to not have the financial ability to make payment on such Purchased Receivable (asserted a “Credit Default Certification”), together with evidence reasonably satisfactory to the Buyer that such Credit Default Certification is true and accurate, a Dispute shall be deemed to exist with respect to such Overdue Receivable. (i)Dispute.

Non-Payment Report. If In the event a Purchased Receivable remains unpaid, has not been paid in part or in full, past full by the date that is thirty seven (307) Business Days days after the applicable Adjusted Due Maturity Date therefor (an “Overdue Receivable”), the applicable Servicer Seller shall report use commercially reasonable efforts to determine the cause of such payment delay or non-payment, including whether it is due to a Dispute, and it shall deliver to the Buyer in Administrative Agent (for delivery to the Buyer) by no later than fourteen (14) days after such Maturity Date, a written certification and report (a “Non-Payment Report”) identifying the Overdue Receivable and the Account Debtor thereof and describing in reasonable detail the cause of such non-payment, including whether a Dispute or Insolvency Event exists with respect to such Overdue Receivable, or certifying that such cause is unknown. In the applicable Account Debtor event a Purchased Receivable has not been paid in full by the date that is thirty (each 30) days after the Maturity Date therefor and no Non-Payment Report with respect thereto has been delivered or the Non-Payment Report delivered with respect thereto does not report a Dispute or states that the cause of such payment delay or non-payment is unknown (a “Non-Payment ReportEvent”) and if the reason for such non-payment is not a Dispute or an Insolvency Event), the Buyer Administrative Agent may in its sole discretiondiscretion (or shall, upon at least five the direction of the Required Buyers) (5) Business Days’ prior notice to the applicable Servicer, (ia) contact such Account Debtor by phone or in person to discuss the status of such Purchased Overdue Receivable and to inquire whether such payment delay or non-payment is due to a Dispute or Insolvency Event and when payment can be expected and/or (iib) take any other lawful action to collect such Purchased Receivable directly from such Account Debtor. If the Account Debtor and/or (iii) terminate advises the appointment Administrative Agent of the relevant Seller as Servicer with respect to such Purchased Receivable. Notwithstanding existence of a Dispute, the foregoing, in the event a Purchased Receivable has not been paid in full by the date that is thirty-five (35) Business Days after the Adjusted Due Date therefor, and Administrative Agent shall advise the applicable Servicer has not provided to the Buyer a certification that the missed payment on Seller of such Overdue Receivable is a result of an Insolvency Event or other condition with that the applicable Account Debtor which has caused the applicable Account Debtor to not have the financial ability to make payment on such Purchased Receivable (asserted a “Credit Default Certification”), together with evidence reasonably satisfactory to the Buyer that such Credit Default Certification is true and accurate, a Dispute shall be deemed to exist with respect to such Overdue Receivable. (i)Dispute.

Non-Payment Report. If In the event a Purchased Receivable remains unpaid, has not been paid in part or in full, past full by the date that is thirty seven (307) Business Days days after the applicable Adjusted Due Maturity Date therefor (an “Overdue Receivable”), the applicable Servicer Seller shall report use commercially reasonable efforts to determine the cause of such payment delay or non-payment, including whether it is due to a Dispute, and it shall deliver to the Buyer in Administrative Agent (for delivery to the Buyer) by no later than fourteen (14) days after such Maturity Date, a written certification and report (a “Non-Payment Report”) identifying the Overdue Receivable and the Account Debtor thereof and describing in reasonable detail the cause of such non-payment, including whether a Dispute or Insolvency Event exists with respect to such [***] Confidential treatment has been requested for the applicable Account Debtor bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. Overdue Receivable, or certifying that such cause is unknown. In the event a Purchased Receivable has not been paid in full by the date that is thirty (each 30) days after the Maturity Date therefor and no Non-Payment Report with respect thereto has been delivered or the Non-Payment Report delivered with respect thereto does not report a Dispute or states that the cause of such payment delay or non-payment is unknown (a “Non-Payment ReportEvent”) and if the reason for such non-payment is not a Dispute or an Insolvency Event), the Buyer Administrative Agent may in its sole discretiondiscretion (or shall, upon at least five the direction of the Required Buyers) (5) Business Days’ prior notice to the applicable Servicer, (ia) contact such Account Debtor by phone or in person to discuss the status of such Purchased Overdue Receivable and to inquire whether such payment delay or non-payment is due to a Dispute or Insolvency Event and when payment can be expected and/or (iib) take any other lawful action to collect such Purchased Receivable directly from such Account Debtor. If the Account Debtor and/or (iii) terminate advises the appointment Administrative Agent of the relevant Seller as Servicer with respect to such Purchased Receivable. Notwithstanding existence of a Dispute, the foregoing, in the event a Purchased Receivable has not been paid in full by the date that is thirty-five (35) Business Days after the Adjusted Due Date therefor, and Administrative Agent shall advise the applicable Servicer has not provided to the Buyer a certification that the missed payment on Seller of such Overdue Receivable is a result of an Insolvency Event or other condition with that the applicable Account Debtor which has caused the applicable Account Debtor to not have the financial ability to make payment on such Purchased Receivable (asserted a “Credit Default Certification”), together with evidence reasonably satisfactory to the Buyer that such Credit Default Certification is true and accurate, a Dispute shall be deemed to exist with respect to such Overdue Receivable. (i)Dispute.

Non-Payment Report. If In the event a Purchased Receivable remains unpaid, has not been paid in part or in full, past full by the date that is thirty seven (307) Business Days days after the applicable Adjusted Due Maturity Date therefor (an “Overdue Receivable”), the applicable Servicer Seller shall report use commercially reasonable efforts to determine the cause of such payment delay or non-payment, including whether it is due to a Dispute, and such Seller shall deliver to the Buyer in Administrative Agent (for distribution to the Buyers) by no later than fourteen (14) days after such Maturity Date, a written certification and report (a “Non-Payment Report”) identifying the Overdue Receivable 755140592 23744443 and the Account Debtor thereof and describing in reasonable detail the cause of such non-payment, including whether a Dispute or Insolvency Event exists with respect to such Overdue Receivable, or certifying that such cause is unknown. In the applicable Account Debtor event a Purchased Receivable has not been paid in full by the date that is thirty (each 30) days after the Maturity Date therefor and no Non-Payment Report with respect thereto has been delivered or the Non-Payment Report delivered with respect thereto does not report a Dispute or states that the cause of such payment delay or non-payment is unknown (a “Non-Payment ReportEvent”) and if the reason for such non-payment is not a Dispute or an Insolvency Event), the Buyer Administrative Agent may in its sole discretiondiscretion (or shall, upon at least five the direction of the Required Buyers) (5) Business Days’ prior notice to the applicable Servicer, (ia) contact such Account Debtor by phone or in person to discuss the status of such Purchased Overdue Receivable and to inquire whether such payment delay or non-payment is due to a Dispute or Insolvency Event and when payment can be expected and/or (iib) take any other lawful action to collect such Purchased Receivable directly from such Account Debtor. If the Account Debtor and/or (iii) terminate advises the appointment Administrative Agent of the relevant Seller as Servicer with respect to such Purchased Receivable. Notwithstanding existence of a Dispute, the foregoing, in the event a Purchased Receivable has not been paid in full by the date that is thirty-five (35) Business Days after the Adjusted Due Date therefor, and Administrative Agent shall advise the applicable Servicer has not provided to the Buyer a certification that the missed payment on Seller of such Overdue Receivable is a result of an Insolvency Event or other condition with that the applicable Account Debtor which has caused the applicable Account Debtor to not have the financial ability to make payment on such Purchased Receivable (asserted a “Credit Default Certification”), together with evidence reasonably satisfactory to the Buyer that such Credit Default Certification is true and accurate, a Dispute shall be deemed to exist with respect to such Overdue Receivable. (i)Dispute.