Notification of Account Debtors. A. Notify any or all of the Borrower's Account Debtors, or any buyers or transferees of the Collateral or other persons of the Bank's interest in the Collateral and the proceeds thereof and instruct such person(s) to thereafter make any payment due the Borrower directly to the Bank. B. The Borrower hereby irrevocably and unconditionally appoints the Bank as its attorney-in-fact to: (i) endorse the Borrower's name on any notes, acceptances, checks, drafts, money orders or other evidence of payment that may come into the Bank's possession; (ii) sign the Borrower's name on any invoice or xxxx of lading relating to any of the Collateral; (iii) notify post office authorities to change the address for delivery of mail addressed to the Borrower to such address as the Bank may designate and take possession of and open mail addressed to the Borrower and remove therefrom, proceeds of and payments on the Collateral; and (iv) demand, receive and endorse payment and give receipts, releases and satisfactions for and xxx for all money payable to the Borrower. All of the preceding may be done either in the name of the Bank or in the name of the Borrower with the same force and effect as the Borrower could have done had this Agreement not been entered into. C. Require the Borrower to indicate on the face of all invoices (or such other documentation as may be specified by the Bank relating to the sale, delivery or shipment of goods giving rise to the account) that the account has been assigned to the Bank and that all payments are to be made directly to the Bank at such address as the Bank may designate.
Appears in 3 contracts
Samples: Agricultural Credit Agreement (Scheid Vineyards Inc), Term Loan Agreement (Atg Inc), Term Loan Agreement (Atg Inc)
Notification of Account Debtors. A. (a) Notify any or all of the Borrower's Account Debtorsaccount debtor, or any buyers or transferees transferee of the Collateral or any other persons of the Bank's interest in the Collateral and the proceeds thereof and instruct such person(s) to thereafter make any payment due the Borrower directly to the Bankthereof.
B. The (b) Sign the Borrower's name (which authority the Borrower hereby irrevocably and unconditionally appoints the Bank as its attorney-in-fact to:
(i) endorse the Borrower's name on any notes, acceptances, checks, drafts, money orders or other evidence of payment that may come into grants to the Bank's possession; (ii) sign the Borrower's name on any invoice or xxxx of lading relating to any of accounts or other drafts against the Collateral; (iii) account debtors, buyers or transferees, notify post office authorities to change the address for delivery of mail addressed to the Borrower to such address as the Bank may designate and take possession of and open mail addressed to the Borrower and remove therefrom, proceeds of and payments on the Collateral; , and (iv) demand, receive and endorse payment and give receipts, releases and satisfactions for and xxx for all money payable to the Borrower. All of the preceding may be done either in the name of the Bank or in the name of the Borrower with the same force and effect as the Borrower could have done had this Agreement not been entered into.
C. (c) Require the Borrower to indicate on the face of all invoices (or such other documentation as may be specified by the Bank relating to the sale, delivery or shipment of goods giving rise to the account) that the account has been assigned to the Bank and that all payments are to be made directly to the Bank at such address as the Bank may designate.
(d) Require the Borrower to direct all account debtors, buyers or transferees to forward all remittances, payments and proceeds of the Collateral directly to the Bank at such address as the Bank may designate. In connection therewith, the Borrower hereby irrevocably constitutes and appoints the Bank as its attorney-in-fact to endorse the Borrower's name on any notes, acceptances, checks, drafts, money orders or other evidence of payment that may come into the Bank's possession.
(e) Require the Borrower to deliver to the Bank, at such times designated by the Bank, records and schedules which show the status and condition of the Collateral, where it is located and such contracts or other matters which affect the Collateral.
(f) Send verification requests to any account debtor, buyer or transferee.
(g) Make inquiries of the Borrower's trade vendors.
Appears in 3 contracts
Samples: Line of Credit Agreement (Scheid Vineyards Inc), Line of Credit Agreement (Scheid Vineyards Inc), Line of Credit Agreement (Scheid Vineyards Inc)
Notification of Account Debtors. A. Notify any or all of the Borrower's Account Debtors, or any buyers or transferees of the Collateral or other persons of the Bank's interest in the Collateral and the proceeds thereof and instruct such person(s) to thereafter make any payment due the Borrower directly to the Bank.
B. The Borrower hereby irrevocably and unconditionally appoints the Bank as its attorney-in-fact to:
(i) endorse the Borrower's name on any notes, acceptances, checks, drafts, money orders or other evidence of payment that may come into the Bank's possession; (ii) sign the Borrower's name on any invoice or xxxx of bill xx lading relating to any of the Collateral; (iii) notify post office authorities to change the address for delivery of mail addressed to the Borrower to such address as the Bank may designate and take possession of and open mail addressed to the Borrower and remove therefrom, proceeds of and payments on the Collateral; and (iv) demand, receive and endorse payment and give receipts, releases and satisfactions for and sue xxx for all money payable to the Borrower. All of the preceding may be done either in the name of the Bank or in the name of the Borrower with the same force and effect as the Borrower could have done had this Agreement not been entered into.
C. Require the Borrower to indicate on the face of all invoices (or such other documentation as may be specified by the Bank relating to the sale, delivery or shipment of goods giving rise to the account) that the account has been assigned to the Bank and that all payments are to be made directly to the Bank at such address as the Bank may designate.
Appears in 3 contracts
Samples: Commercial Credit Agreement (Interactive Group Inc), Term Loan Agreement (Interactive Group Inc), Line of Credit Agreement (Interactive Group Inc)
Notification of Account Debtors. A. Notify any or all of the Borrower's Account Debtors, or any buyers or transferees of the Collateral or other persons of the Bank's interest in the Collateral and the proceeds thereof and instruct such person(s) to thereafter hereafter make any payment due the Borrower directly to the Bank.
B. The Borrower hereby irrevocably and unconditionally appoints the Bank as its attorney-in-fact to:
(i) endorse the Borrower's name on any notes, acceptances, checks, drafts, money orders or other evidence of payment that may come into the Bank's possession; (ii) sign the Borrower's name on any invoice or xxxx of bill xx lading relating to any of the Collateral; (iii) notify post office authorities to change the address for delivery of mail addressed to the Borrower to such address as the Bank may designate and take possession of and open mail addressed to the Borrower and remove therefrom, proceeds of and payments on the Collateral; and (iv) demand, receive and endorse payment and give receipts, releases and satisfactions for and sue xxx for all money payable to the Borrower. All of the preceding may be done either in the name of the Bank or in the name of the Borrower with the same force and effect as the Borrower could have done had this Agreement not been entered into.
C. Require the Borrower to indicate on the face of all invoices (or such other documentation as may be specified by the Bank relating to the sale, delivery or shipment of goods giving rise to the account) that the account has been assigned to the Bank and that all payments are to be made directly to the Bank at such address as the Bank may designate.
Appears in 1 contract
Samples: Term Loan Agreement (Dove Audio Inc)
Notification of Account Debtors. A. Notify any or all of the Borrower's Account Debtors, or any buyers or transferees of the Collateral or other persons of the Bank's interest in the Collateral and the proceeds thereof and instruct such person(s) to thereafter make any payment due the Borrower directly to the Bank.
B. The Borrower hereby irrevocably and unconditionally appoints the Bank as its attorney-in-fact to:
(i) endorse the Borrower's name on any notes, acceptances, checks, drafts, money orders or other evidence of payment that may come into the Bank's possession; (ii) sign the Borrower's name on any invoice or xxxx of lading relating to any of the Collateral; (iii) notify post office authorities to change the address for delivery of mail addressed to the Borrower to such address as the Bank may designate and take possession of and open mail addressed to the Borrower and remove therefrom, proceeds of and payments on the Collateral; and (iv) demand, receive and endorse payment and give receipts, releases and satisfactions for and xxx for all money payable to the Borrower. All of the preceding may be done either in the name of the Bank or in the name of the Borrower with the same force and effect as a the Borrower could have done had this Agreement not been entered into.
C. Require the Borrower to indicate on the face of all invoices (or such other documentation as may be specified by the Bank relating to the sale, delivery or shipment of goods giving rise to the account) that the account has been assigned to the Bank and that all payments are to be made directly to the Bank at such address as the Bank may designate.
Appears in 1 contract
Notification of Account Debtors. A. (1) Notify any or all of the Borrower's Account Debtorsaccount debtor, or any buyers or transferees transferee of the Collateral or any other persons of the Bank's ’s interest in the Collateral and the proceeds thereof and instruct such person(s) to thereafter make any payment due the Borrower directly to the Bankthereof.
B. The Borrower (2) Sign the Debtors name (which authority the Debtor hereby irrevocably and unconditionally appoints the Bank as its attorney-in-fact to:
(i) endorse the Borrower's name on any notes, acceptances, checks, drafts, money orders or other evidence of payment that may come into grants to the Bank's possession; (ii) sign the Borrower's name on any invoice or xxxx of lading relating to any of accounts or other drafts against the Collateral; (iii) account debtors, buyers or transferees, notify post office authorities to change the address for delivery of mail addressed to the Borrower Debtor to such address as the Bank may designate and take possession of and open mail addressed to the Borrower Debtor and remove therefrom, proceeds of and payments on the Collateral; , and (iv) demand, receive and endorse payment and give receipts, releases and satisfactions for and xxx for all money payable to the Borrower. All of the preceding may be done either in the name of the Bank or in the name of the Borrower with the same force and effect as the Borrower could have done had this Agreement not been entered intoDebtor.
C. (3) Require the Borrower Debtor to indicate on the face of all invoices (or such other documentation as may be specified by the Bank relating to the sale, delivery or shipment of goods giving rise to the account) that the account has been assigned to the Bank and that all payments are to be made directly to the Bank at such address as the Bank may designate.
(4) Require the Debtor to direct all account debtors, buyers or transferees to forward all remittances, payments and proceeds of the Collateral directly to the Bank at such address as the Bank may designate. In connection therewith, the Debtor hereby irrevocably constitutes and appoints the Bank as its attorney-in-fact to endorse the Debtors name on any notes, acceptances, checks, drafts, money orders or other evidence of payment that may come into the Bank’s possession.
(5) Require the Debtor to deliver to the Bank, at such times designated by the Bank, records and schedules which show the status and condition of the Collateral, where it is located and such contracts or other matters which affect the Collateral.
(6) Send verification requests to any account debtor, buyer or transferee.
(7) Make inquiries of the Debtor’s trade vendors.
Appears in 1 contract
Notification of Account Debtors. A. If an Event of Default shall occur, ------------------------------- the Bank may at its sole and absolute discretion and in addition to any other remedies available to it hereunder:
(a) Notify any or all of the Borrower's Account DebtorsDebtor, or any buyers or transferees transferee of the Collateral or any other persons Persons of the Bank's interest in the Collateral and the proceeds thereof and instruct such person(sthereof;
(b) to thereafter make any payment due Sign the Borrower directly to Company's name (which authority the Bank.
B. The Borrower Company hereby irrevocably and unconditionally appoints the Bank as its attorney-in-fact to:
(i) endorse the Borrower's name on any notes, acceptances, checks, drafts, money orders or other evidence of payment that may come into grants the Bank's possession; (ii) sign the Borrower's name on any invoice or xxxx of lading relating to any of accounts or other drafts against the Collateral; (iii) Accounts Debtors, notify post office authorities to change the address for delivery of mail addressed to the Borrower Company to such address as the Bank may designate and take possession of and open mail addressed to the Borrower Company and remove therefrom, proceeds of and payments an payment on the Collateral; , and (iv) demand, receive and endorse payment and give receipts, releases and satisfactions for and xxx for all money payable to the Borrower. All of the preceding may be done either in the name of the Bank or in the name of the Borrower with the same force and effect as the Borrower could have done had this Agreement not been entered into.Company;
C. (c) Require the Borrower Company to indicate on the face of all invoices (or such other documentation as may be specified by the Bank relating to the sale, delivery or shipment of goods giving rise to the account) that the account has been assigned to the Bank and that all payments are to be made directly to the Bank at such address as the Bank may designate; and
(d) Require the Company to direct all Account Debtors to forward all remittances, payments and proceeds of the Collateral directly to the Bank at such address as the Bank may designate. In connection therewith, the Company hereby irrevocably constitutes and appoints the Bank as its attorney-in-fact to endorse the Company's name on any notes, acceptances, checks drafts, money orders or other evidence of payment that may come into the Bank's possession.
Appears in 1 contract
Samples: Credit Agreement (Adac Laboratories)
Notification of Account Debtors. A. Notify any or all of the Borrower's Account Debtors, or any buyers or transferees of the Collateral or other persons of the Bank's interest in the Collateral and the proceeds thereof and instruct such person(s) to thereafter make any payment due the Borrower directly to the Bank.
B. The Borrower hereby irrevocably and unconditionally appoints the Bank as its attorney-in-fact to:
(i) endorse the Borrower's name on any notes, acceptances, checks, drafts, money orders or other evidence of payment that may come into the Bank's possession; (ii) sign the Borrower's name on any invoice or xxxx of lading relating to any of the Collateral; (iii) notify post office authorities to change the address for delivery of mail addressed to the Borrower to such address as the Bank may designate and take possession of and open mail addressed to the Borrower and remove therefrom, proceeds of and payments on the Collateral; and (iv) demand, receive and endorse payment and give receipts, releases and satisfactions for and xxx for all money payable to the Borrower. All of the preceding may be done either in the name of the Bank or in the name of the Borrower with the same force and effect as the Borrower could have done had this Agreement not been entered into.
C. Require the Borrower to indicate on the face of all invoices (or such other documentation as may be specified by the Bank relating to the sale, delivery or shipment of goods giving rise ???? to the account) that the account has been assigned to the Bank and that all payments are to be made directly to the Bank at such address as the Bank may designate.
Appears in 1 contract
Samples: Equipment Purchase Line of Credit Agreement (Ise Labs Inc)