Notification to Account Debtors and Other Obligors. In the event of the occurrence of any Default, the Debtor shall (subject, however, to the rights of any holders of superior liens or security interests relating to the Collateral), at the request of the Secured Party, notify account debtors on accounts, accounts receivable, chattel papers and general intangibles of the Debtor and obligors on instruments for which the Debtor is an obligee, of the security interest of the Secured Party in any account, account receivable, chattel paper, general intangible or instrument and that payment thereof is to be made directly to the Secured Party or to any financial institution designated by the Secured Party as the Secured Party's agent therefor, and the Secured Party may itself (subject, however, to the rights of any holders of superior liens or security interests relating to the Collateral), if a Default shall have occurred, without notice to or demand upon the Debtor, so notify account debtors and obligors. After the making of such a request or the giving of any such notification, the Debtor shall (subject, however, to the rights of any holders of superior liens or security interests relating to the Collateral) hold any proceeds of collection of accounts, accounts receivable, chattel paper, general intangibles and instruments received by the Debtor as trustee for the Secured Party without commingling the same with other funds of the Debtor and shall promptly turn the same over to the Secured Party in the identical form received, together with any necessary endorsements or assignments. The Secured Party shall (subject, however, to the rights of any holders of superior liens or security interests relating to the Collateral) apply the proceeds of collection of accounts, accounts receivable, chattel paper, general intangibles and instruments received by the Secured Party to the Secured Obligations, such proceeds to be immediately entered after final payment in cash or solvent credits of the items giving rise to them.
Appears in 2 contracts
Samples: Security Agreement (Datametrics Corp), Security Agreement (Datametrics Corp)
Notification to Account Debtors and Other Obligors. In the event If a Default or an Event of the occurrence of any DefaultDefault shall have occurred and be continuing, the Debtor shall (subject, however, to the rights of any holders of superior liens or security interests relating to the Collateral)each Grantor shall, at the request of the Secured Party, notify account debtors and other obligors on accounts, accounts receivablechattel paper, chattel papers general intangibles, promissory notes, instruments and general intangibles investment property of the Debtor and obligors on instruments such Grantor for which the Debtor such Grantor is an obligee, obligee of the security interest of the Secured Party in any account, account receivable, chattel paper, general intangible intangible, promissory note, instrument or instrument investment property and that payment thereof is to be made directly to the Secured Party or to any financial institution designated by the Secured Party as the Secured Party's ’s agent therefor, and the Secured Party may itself (subject, however, to the rights of any holders of superior liens or security interests relating to the Collateral)itself, if a Default or an Event of Default shall have occurredoccurred and be continuing, without notice to or demand upon the Debtorsuch Grantor, so notify account debtors and other obligors. After the making of such a request or the giving of any such notification, the Debtor each Grantor shall (subject, however, to the rights of any holders of superior liens or security interests relating to the Collateral) hold any proceeds of collection of accounts, accounts receivable, chattel paper, general intangibles and instruments received by the Debtor such Grantor as trustee for the Secured Party Party, without commingling the same with other funds of the Debtor such Grantor and shall promptly turn the same over to the Secured Party in the identical form received, together with any necessary endorsements or assignments. The Secured Party shall (subject, however, to the rights of any holders of superior liens or security interests relating to the Collateral) apply the proceeds of collection of accounts, accounts receivable, chattel paper, general intangibles and instruments received by the Secured Party to the Secured Obligations, such proceeds to be immediately entered after final payment in cash or solvent credits of the items giving rise to them.
Appears in 1 contract
Samples: Security Agreement (Levine Leichtman Capital Partners Ii Lp)
Notification to Account Debtors and Other Obligors. In the event of the occurrence of any Default, the Debtor shall (subject, however, to the rights of any holders of superior liens or security interests relating to the Collateral)Guarantor shall, at the request of the Secured Party, notify account debtors on accounts, accounts receivable, chattel papers and general intangibles of the Debtor Guarantor and obligors on instruments for which the Debtor Guarantor is an obligee, of the security interest of the Secured Party in any account, account receivable, chattel paper, general intangible or instrument and that payment thereof is to be made directly to the Secured Party or to any financial institution designated by the Secured Party as the Secured Party's agent therefor, and the Secured Party may itself (subject, however, to the rights of any holders of superior liens or security interests relating to the Collateral)itself, if a Default shall have occurred, without notice to or demand upon the DebtorGuarantor, so notify account debtors and obligors. After the making of such a request or the giving of any such notification, the Debtor Guarantor shall (subject, however, to the rights of any holders of superior liens or security interests relating to the Collateral) hold any proceeds of collection of accounts, accounts receivable, chattel paper, general intangibles and instruments received by the Debtor Guarantor as trustee for the Secured Party without commingling the same with other funds of the Debtor Guarantor and shall promptly turn the same over to the Secured Party in the identical form received, together with any necessary endorsements or assignments. The Secured Party shall (subject, however, to the rights of any holders of superior liens or security interests relating to the Collateral) apply the proceeds of collection of accounts, accounts receivable, chattel paper, general intangibles and instruments received by the Secured Party to the Secured Obligations, such proceeds to be immediately entered after final payment in cash or solvent credits of the items giving rise to them.
Appears in 1 contract
Samples: Guaranty and Security Agreement (Digital Creative Development Corp)
Notification to Account Debtors and Other Obligors. In the event of the occurrence of any Default, the Debtor shall (subject, however, to the rights of any holders of superior liens or security interests relating to the Collateral)shall, at the request of the Secured Party, notify account debtors on accounts, accounts receivable, chattel papers and general intangibles of the Debtor and obligors on instruments for which the Debtor is an obligee, of the security interest of the Secured Party in any account, account receivable, chattel paper, general intangible or instrument and that payment thereof is to be made directly to the Secured Party or to any financial institution designated by the Secured Party as the Secured Party's agent therefor, and the Secured Party may itself (subject, however, to the rights of any holders of superior liens or security interests relating to the Collateral)itself, if a Default shall have occurred, without notice to or demand upon the Debtor, so notify account debtors and obligors. After the making of such a request or the giving of any such notification, the Debtor shall (subject, however, to the rights of any holders of superior liens or security interests relating to the Collateral) hold any proceeds of collection of accounts, accounts receivable, chattel paper, general intangibles and instruments received by the Debtor as trustee for the Secured Party without commingling the same with other funds of the Debtor and shall promptly turn the same over to the Secured Party in the identical form received, together with any necessary endorsements or assignments. The Secured Party shall (subject, however, to the rights of any holders of superior liens or security interests relating to the Collateral) apply the proceeds of collection of accounts, accounts receivable, chattel paper, general intangibles and instruments received by the Secured Party to the Secured Obligations, such proceeds to be immediately entered after final payment in cash or solvent credits of the items giving rise to them.
Appears in 1 contract
Notification to Account Debtors and Other Obligors. In the event At any time after an Event of the occurrence of any Default, the Debtor shall Default has occurred and is continuing:
(subject, however, to the rights of any holders of superior liens or security interests relating to the Collateral), at the request of the a) Secured Party, Party may notify account debtors on accounts, accounts receivable, chattel papers paper and general intangibles of the Debtor and obligors on instruments for which the Debtor is an obligee, of the security interest of the Secured Party in any account, account receivable, chattel paper, general intangible or instrument and obligee that payment thereof is to be made directly to the Secured Party or to such other address as may be specified by Secured Party, and may advise any financial institution designated by the Secured Party as the other person of Secured Party's agent therefor, security interest in and the Secured Party may itself (subject, however, to the rights of any holders of superior liens or security interests relating to the Collateral), if a Default shall have occurredand may collect directly from the obligors thereon, without notice to or demand upon all amounts due on account of the DebtorCollateral;
(b) At Secured Party's request, so Debtor will notify account debtors and obligors. After the making of obligors that payment thereof is to be made directly to Secured Party or such a request or the giving of any such notification, the other address as may be specified by Secured Party;
(c) Debtor shall (subject, however, to the rights of any holders of superior liens or security interests relating to the Collateral) hold any proceeds of collection of accounts, accounts receivablechattel paper, general intangibles, instruments and any other Collateral received by Debtor as trustee for Secured Party without commingling the same with other funds of Debtor; and shall deliver each of the following duly endorsed, assigned or otherwise made payable to Secured Party: (i) all such proceeds to Secured Party immediately upon the receipt thereof by Debtor in the identical form received, and (ii) all security or collateral for, guaranties of, letters of credit, trade and bankers' acceptances, and similar letters and instruments in respect of any of the Collateral. Secured Party shall apply the proceeds of collection of accounts, chattel paper, general intangibles and instruments received by the Debtor as trustee for the Secured Party without commingling the same with other funds of the Debtor and shall promptly turn the same over to the Secured Party in the identical form received, together with any necessary endorsements or assignments. The Secured Party shall (subject, however, to the rights of any holders of superior liens or security interests relating to the Collateral) apply the proceeds of collection of accounts, accounts receivable, chattel paper, general intangibles and instruments received by the Secured Party to the Secured Obligations, such proceeds to be immediately entered after final payment in cash or solvent credits of the items giving rise to them.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Enernoc Inc)
Notification to Account Debtors and Other Obligors. In the event If a Default or an Event of the occurrence of any DefaultDefault shall have occurred and be continuing, the Debtor shall (subject, however, to the rights of any holders of superior liens or security interests relating to the Collateral)Company shall, at the request of the Secured Party, notify account debtors and other obligors on accounts, accounts receivablechattel paper, chattel papers general intangibles, promissory notes, instruments and general intangibles investment property of the Debtor and obligors on instruments Company for which the Debtor Company is an obligee, obligee of the security interest of the Secured Party in any account, account receivable, chattel paper, general intangible intangible, promissory note, instrument or instrument investment property and that payment thereof is to be made directly to the Secured Party or to any financial institution designated by the Secured Party as the Secured Party's ’s agent therefor, and the Secured Party may itself (subject, however, to the rights of any holders of superior liens or security interests relating to the Collateral)itself, if a Default or an Event of Default shall have occurredoccurred and be continuing, without notice to or demand upon the DebtorCompany, so notify account debtors and other obligors. After the making of such a request or the giving of any such notification, the Debtor Company shall (subject, however, to the rights of any holders of superior liens or security interests relating to the Collateral) hold any proceeds of collection of accounts, accounts receivable, chattel paper, general intangibles and instruments received by the Debtor Company as trustee for the Secured Party Party, without commingling the same with other funds of the Debtor Company and shall promptly turn the same over to the Secured Party in the identical form received, together with any necessary endorsements or assignments. The Secured Party shall (subject, however, to the rights of any holders of superior liens or security interests relating to the Collateral) apply the proceeds of collection of accounts, accounts receivable, chattel paper, general intangibles and instruments received by the Secured Party to the Secured Obligations, such proceeds to be immediately entered after final payment in cash or solvent credits of the items giving rise to them.
Appears in 1 contract
Samples: Security Agreement (Levine Leichtman Capital Partners Ii Lp)