Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or an Event of Default shall have occurred and be continuing, the Company shall, at the request and option of the Agent, notify account debtors and other persons obligated on any of the Collateral of the security interest of the Agent in any account, chattel paper, general intangible, instrument or other Collateral and that payment thereof is to be made directly to the Agent or to any financial institution designated by the Agent as the Agent's agent therefor, and the Agent may itself, if a Default or an Event of Default shall have occurred and be continuing, without notice to or demand upon the Company, so notify account debtors and other persons obligated on Collateral. After the making of such a request or the giving of any such notification, the Company shall hold any proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Company as trustee for the Agent, for the benefit of the Lenders and the Agent, without commingling the same with other funds of the Company and shall turn the same over to the Agent in the identical form received, together with any necessary endorsements or assignments. The Agent shall apply the proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Agent to the Obligations, such proceeds to be immediately credited after final payment in cash or other immediately available funds of the items giving rise to them.
Appears in 3 contracts
Samples: Security Agreement (PCD Inc), Security Agreement (PCD Inc), Security Agreement (PCD Inc)
Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or an Event of Default shall have occurred and be continuing, the Company Debtor shall, at the request and option of the AgentMajority Holders, notify account debtors and other persons obligated on any of the Collateral of the security interest of the Agent Secured Party in any accountAccount, chattel paperChattel Paper, general intangibleGeneral Intangible, instrument Instrument or other Collateral and that payment thereof is to be made directly to the Agent Secured Parties or to any financial institution designated by the Agent Majority Holders as the Agent's Secured Parties' agent therefor, and the Agent Majority Holders may itselfthemselves, if a Default or an Event of Default shall have occurred and be continuing, without notice to or demand upon the CompanyDebtor, so notify account debtors and other persons obligated on Collateral. After the making of such a request or the giving of any such notification, the Company Debtor shall hold any proceeds of collection of accountsAccounts, chattel paperChattel Paper, general intangiblesGeneral Intangibles, instruments Instruments and other Collateral received by the Company Debtor as trustee for the Agent, for the benefit of the Lenders and the Agent, Secured Parties without commingling the same with other funds of the Company Debtor and shall turn the same over to the Agent Secured Parties in the identical form received, together with any necessary endorsements or assignments. The Agent Secured Parties shall apply the proceeds of collection of accountsAccounts, chattel paperChattel Paper, general intangiblesGeneral Intangibles, instruments Instruments and other Collateral received by the Agent Secured Parties to the Obligations, such proceeds to be immediately credited after final payment in cash or other immediately available funds of the items giving rise to themLiabilities.
Appears in 3 contracts
Samples: Security Agreement (Red Brook Developments LTD), Security Agreement (Visual Bible International Inc), Security Agreement (Red Brook Developments LTD)
Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or an Event of Default shall have occurred and be continuing, the Company Debtor shall, at the request and option of the AgentSecured Party, notify account debtors and other persons obligated on any of the Collateral of the security interest of the Agent Secured Party in any account, chattel paper, general intangible, instrument or other Collateral and that payment thereof is to be made directly to the Agent Secured Party or to any financial institution designated by the Agent Secured Party as the AgentSecured Party's agent therefor, and the Agent Secured Party may itself, if a Default or an Event of Default shall have occurred and be continuing, without notice to or demand upon the CompanyDebtor, so notify account debtors and other persons obligated on Collateral. After the making of such a request or the giving of any such notification, the Company Debtor shall hold any proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Company Debtor as trustee for the Agent, for the benefit of the Lenders and the Agent, Secured Party without commingling the same with other funds of the Company Debtor and shall turn the same over to the Agent Secured Party in the identical form received, together with any necessary endorsements or assignments. The Agent Secured Party shall apply the proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Agent Secured Party to the Obligations, such proceeds to be immediately credited after final payment in cash or other immediately available funds of the items giving rise to them.
Appears in 2 contracts
Samples: Power Purchase Agreement, Security Agreement (Coactive Marketing Group Inc)
Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or an Event of Default shall have has occurred and be is continuing, the Company shallBorrower will, at the request and option of the AgentLender, notify account debtors and other persons obligated on any of the Collateral of the security interest of the Agent Lender in any account, chattel paper, general intangible, instrument or other Collateral and that payment thereof is to be made directly to the Agent Lender or to any financial institution designated by the Agent Lender as the Agent's Lender’s agent therefor, and the Agent Lender may itself, if a Default or an Event of Default shall have has occurred and be continuingis continuing beyond the applicable cure period, if any, without notice to or demand upon the CompanyBorrower, so notify account debtors and other persons obligated on Collateral. After the making of such a request or the giving of any such notification, the Company shall Borrower will hold any proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Company Borrower as trustee for the Agent, for the benefit of the Lenders and the Agent, Lender without commingling the same with other funds of the Company Borrower and shall will turn the same over to the Agent Lender in the identical form received, together with any necessary endorsements or assignments. The Agent shall Lender will apply the proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Agent Lender to the Obligations, such proceeds to be immediately credited entered after final payment in cash or other immediately available funds of the items giving rise to them.
Appears in 2 contracts
Samples: Security Agreement (Great Plains Ethanol LLC), Security Agreement (Golden Grain Energy)
Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or an Event of Default shall have occurred and be continuing, the Company Grantor shall, at the request and option of the AgentLender, notify account debtors and other persons obligated on any of the Collateral of the security interest of the Agent Lender in any account, chattel paper, general intangible, instrument or other Collateral and that payment thereof is to be made directly to the Agent Lender or to any financial institution designated by the Agent Lender as the Agent's Lender’s agent therefor, and the Agent Lender may itself, if a Default or an Event of Default shall have occurred and be continuing, without notice to or demand upon the CompanyGrantor, so notify account debtors and other persons obligated on Collateral. After the making of such a request or the giving of any such notification, the Company Grantor shall hold any proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Company Grantor as trustee for the Agent, for the benefit of the Lenders and the Agent, Lender without commingling the same with other funds of the Company Grantor and shall turn the same over to the Agent Lender in the identical form received, together with any necessary endorsements or assignments. The Agent Lender shall apply the proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Agent Lender to the Obligations, such proceeds to be immediately credited after final payment in cash or other immediately available funds of the items giving rise to them.
Appears in 2 contracts
Samples: Security Agreement (Ecoark Holdings, Inc.), Security Agreement (Pinnacle Data Systems Inc)
Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or an Event of Default shall have occurred and be continuing, the Company Debtor shall, at the request and option of the AgentSecured Party, notify account debtors and other persons obligated on any of the Collateral of the security interest of the Agent Secured Party in any account, chattel paper, general intangible, instrument or other Collateral and that payment thereof is to be made directly to the Agent Secured Party or to any financial institution designated by the Agent Secured Party as the Agent's Secured Party’s agent therefor, and the Agent Secured Party may itself, if a Default or an Event of Default shall have occurred and be continuing, without notice to or demand upon the CompanyDebtor, so notify account debtors and other persons obligated on Collateral. After the making of such a request or the giving of any such notification, the Company Debtor shall hold any proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Company Debtor as trustee for the Agent, for the benefit of the Lenders and the Agent, Secured Party without commingling the same with other funds of the Company Debtor and shall turn the same over to the Agent Secured Party in the identical form received, together with any necessary endorsements or assignments. The Agent Secured Party shall apply the proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Agent Secured Party to the Obligations, such proceeds to be immediately credited after final payment in cash or other immediately available funds of the items giving rise to them.
Appears in 2 contracts
Samples: Security Agreement (Highwater Ethanol LLC), Security Agreement (Cardinal Ethanol LLC)
Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or an Event of Default shall have occurred and be continuing, the Company Debtor shall, at the request and option of the AgentSecured Party, notify account debtors and other persons obligated on any of the Collateral of the security interest of the Agent Secured Party in any account, chattel paper, general intangible, instrument or other Collateral and that payment thereof is to be made directly to the Agent Secured Party or to any financial institution designated by the Agent Secured Party as the Agent's Secured Party’s agent therefor, and the Agent Secured Party may itself, if a Default or an Event of Default shall have occurred and be continuing, without notice to or demand upon the CompanyDebtor, so notify account debtors and other persons obligated on Collateral. After the making of such a request or the giving of any such notification, the Company Debtor shall hold any proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Company Debtor as trustee for the Agent, for the benefit of the Lenders and the Agent, Secured Party without commingling the same with other funds of the Company Debtor and shall turn the same over to the Agent Secured Party in the identical form received, together with any necessary endorsements or assignments. The Agent Secured Party shall apply the proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Agent Secured Party to the Obligations, such proceeds to be immediately credited entered after final payment in cash or other immediately available funds of the items giving rise to them.
Appears in 2 contracts
Samples: Security Agreement (Solar Power, Inc.), Security Agreement (Solar Power, Inc.)
Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or an Event of Default shall have occurred and be continuing, the Company Borrower shall, at the request and option of the AgentBank, notify account debtors and other persons obligated on any of the Collateral of the security interest of the Agent Bank in any account, chattel paper, general intangible, instrument or other Collateral and that payment thereof is to be made directly to the Agent Bank or to any financial institution designated by the Agent Bank as the Agent's Bank’s agent therefor, and the Agent Bank may itself, if a Default or an Event of Default shall have occurred and be continuing, without upon prior written notice to or demand upon the CompanyBorrower, so notify account debtors and other persons obligated on Collateral. After the making of such a request or the giving of any such notification, the Company Borrower shall hold any proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Company Borrower as trustee for the Agent, for the benefit of the Lenders and the Agent, Bank without commingling the same with other funds of the Company Borrower and shall turn the same over to the Agent Bank in the identical form received, together with any necessary endorsements or assignments. The Agent Bank shall apply the proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Agent Bank to the Obligations, such proceeds to be immediately credited entered after final payment in cash or other immediately available funds of the items giving rise to them.
Appears in 2 contracts
Samples: Security Agreement (XCel Brands, Inc.), Security Agreement (XCel Brands, Inc.)
Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or Whenever an Event of Default shall have occurred and be continuingexists, the Company shall, at the request and option of the AgentLenders, notify account debtors and other persons obligated on any of the Collateral of the security interest of the Agent Lenders in any accountAccount, chattel paperChattel Paper, general intangibleGeneral Intangible, instrument Instrument or other Collateral and that payment thereof is to be made directly to the Agent Lenders or to any financial institution designated by the Agent Lenders as the Agent's Lenders’ agent therefor, and the Agent Lenders may itself, if a Default or whenever an Event of Default shall have occurred and be continuingexists, without notice to or demand upon the Company, so notify account debtors and other persons obligated on Collateral. After the making of such a request or the giving of any such notification, the Company shall hold as trustee for the Lenders any proceeds Proceeds of collection of accountsAccounts, chattel paperChattel Paper, general intangiblesGeneral Intangibles, instruments Instruments and other Collateral received by the Company as trustee for the Agent, for the benefit of the Lenders and the Agent, without commingling the same with other funds of the Company and shall turn the same over to the Agent Lenders in the identical form received, together with any necessary endorsements or assignments. The Agent Lenders, at its option, shall apply the proceeds Proceeds of collection of accountsAccounts, chattel paperChattel Paper, general intangiblesGeneral Intangibles, instruments Instruments and other Collateral received by the Agent Lenders to the Secured Obligations, such proceeds Proceeds to be immediately credited entered after final payment in cash or other immediately available funds of the items giving rise to them, or hold such Proceeds as collateral for the Secured Obligations.
Appears in 2 contracts
Samples: Security Agreement (Smart Move, Inc.), Security Agreement (Infosmart Group, Inc.)
Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or an Event of Default shall have occurred and be continuing, the Company Grantors shall, at the reasonable request and option of the AgentAgent or any other Secured Party, notify account debtors and other persons obligated on any of the Collateral of the security interest of the Agent in any account, chattel paper, general intangible, instrument or other Collateral and that payment thereof is to be made directly to the Agent or to any financial institution designated by the Agent as the Agent's its agent therefor, and the Agent may itselfmay, if a Default or an Event of Default shall have occurred and be continuing, without notice to or demand upon the CompanyGrantor, so notify account debtors and other persons obligated on Collateral. After the making of such a request or the giving of any such notification, the Company Grantors shall hold any proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Company Grantor as trustee for the Agent, for the benefit of the Lenders and the Agent, Agent without commingling the same with other funds of the Company Grantor and shall turn the same over to the Agent in the identical form received, together with any reasonably necessary or advisable endorsements or assignments. The Agent shall apply the proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Agent to the Obligations, such proceeds to be immediately credited entered after final payment in cash or other immediately available funds of the items giving rise to them.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Zila Inc), Purchase Agreement (Zila Inc)
Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or an Event of Default shall have occurred and be continuing, the Company shall, at the request and option of the AgentLender, notify account debtors and other persons obligated on any of the Collateral of the security interest of the Agent Lender in any account, chattel paper, general intangible, instrument or other Collateral and that payment thereof is to be made directly to the Agent Lender or to any financial institution designated by the Agent Lender as the AgentLender's agent therefor, and the Agent Lender may itselfits elf, if a Default or an Event of Default shall have occurred and be continuing, without notice to or demand upon the Company, so notify account debtors and other persons obligated on Collateral. After the making of such a request or the giving of any such notificationnotification , the Company shall hold any proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Company as trustee for the Agent, for the benefit of the Lenders and the Agent, Lender without commingling the same with other funds of the Company and shall turn the same over to the Agent Lender in the identical form received, together with any necessary endorsements or assignments. The Agent Lender shall apply the proceeds of collection of accountsaccounts , chattel paper, general intangiblesintangibles , instruments and other Collateral received by the Agent Lender to the Obligations, such proceeds to be immediately credited entered after final payment in cash or other immediately available funds of the items giving rise to them.
Appears in 1 contract
Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or an Event of Default shall have occurred and be continuing, the Company shall, at the request and option of the AgentLender, notify account debtors and other persons obligated on any of the Collateral of the security interest of the Agent Lender in any account, chattel paper, general intangible, instrument or other Collateral and that payment thereof is to be made directly to the Agent Lender or to any financial institution designated by the Agent Lender as the AgentLender's agent therefor, and the Agent Lender may itself, if a Default or an Event of Default shall have occurred and be continuing, without notice to or demand upon the Company, so notify account debtors and other persons obligated on Collateral. After the making of such a request or the giving of any such notification, the Company shall hold any proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Company as trustee for the Agent, for the benefit of the Lenders and the AgentLender, without commingling the same with other funds of the Company and shall turn the same over to the Agent Lender in the identical form received, together with any necessary endorsements or assignments. The Agent Lender shall apply the proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Agent Lender to the Obligations, such proceeds to be immediately credited after final payment in cash or other immediately available funds of the items giving rise to them.
Appears in 1 contract
Samples: Revolving Loan Agreement (Aspect Medical Systems Inc)
Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or an Event of Default shall have occurred and be continuing, the Company each Debtor shall, at the request and option of the Agent, notify account debtors Account Debtors and other persons obligated on any of the Collateral of the security interest of the Agent Secured Parties in any accountAccount, chattel paperChattel Paper, general intangibleGeneral Intangible, instrument Instrument or other Collateral and that payment thereof is to be made directly to the Agent or to any financial institution designated by the Agent as the Agent's agent therefor, and the Agent may itself, if a Default or an Event of Default shall have occurred and be continuing, without notice to or demand upon the Companysuch Debtor, so notify account debtors Account Debtors and other persons obligated on Collateral. After the making of such a request or the giving of any such notification, the Company each Debtor shall hold any proceeds of collection of accountsAccounts, chattel paperChattel Paper, general intangiblesGeneral Intangibles, instruments Instruments and other Collateral received by the Company such Debtor as trustee for the Agent, for the benefit of the Lenders and the Agent, Secured Parties without commingling the same with other funds of the Company such Debtor and shall turn the same over to the Agent in the identical form received, together with any necessary endorsements or assignments. The Agent shall apply the proceeds of collection of accountsAccounts, chattel paperChattel Paper, general intangiblesGeneral Intangibles, instruments Instruments and other Collateral received by the Agent to the Obligations, such proceeds to be immediately credited after final payment in cash or other immediately available funds of the items giving rise to them.
Appears in 1 contract
Samples: Credit Agreement (Protective Products of America, Inc.)
Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or an Event of Default shall have occurred and be continuing, each of the Company Obligors shall, at the request and option of the Collateral Agent, notify its account debtors and other persons obligated on any of the Collateral of the security interest of the Collateral Agent in any account, chattel paper, general intangible, instrument or other Collateral and that payment thereof is to be made directly to the Collateral Agent or to any financial institution designated by the Collateral Agent as the Collateral Agent's agent therefor, and the Collateral Agent may itself, if a Default or an Event of Default shall have occurred and be continuing, without notice to or demand upon the CompanyObligors, so notify account debtors and other persons obligated on Collateral. After the making of such a request or the giving of any such notification, the Company each Obligor shall hold any proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Company such Obligor as trustee for the Agent, for the benefit of the Lenders and the Agent, Collateral Agent without commingling the same with other funds of the Company such Obligor and shall turn the same over to the Collateral Agent in the identical form received, together with any necessary endorsements or assignments. The Collateral Agent shall apply the proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Collateral Agent pursuant to the Obligations, such proceeds to be immediately credited after final payment in cash or other immediately available funds of the items giving rise to themIntercreditor Agreement.
Appears in 1 contract
Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or an Event of Default shall have occurred and be continuing, the Company Grantors shall, at the request and option of the AgentCollateral Agent , notify account debtors and other persons obligated on any of the Collateral of the security interest of the Collateral Agent in any account, chattel paper, general intangible, instrument or other Collateral and that payment thereof is to be made directly to the Collateral Agent or to any financial institution designated by the Collateral Agent as the Agent's its agent therefor, and the Collateral Agent may itselfthemselves, if a Default or an Event of Default shall have occurred and be continuing, without notice to or demand upon the CompanyGrantor, so notify account debtors and other persons obligated on Collateral. After the making of such a request or the giving of any such notification, the Company Grantors shall hold any proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Company Grantor as trustee for the Agent, for the benefit of the Lenders and the Agent, Collateral Agent without commingling the same with other funds of the Company Grantor and shall turn the same over to the Collateral Agent in the identical form received, together with any necessary endorsements or assignments. The Collateral Agent shall apply the proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Collateral Agent to the Obligations, such proceeds to be immediately credited entered after final payment in cash or other immediately available funds of the items giving rise to them.
Appears in 1 contract
Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or an Event of Default shall have occurred and be continuing, the Company The Borrower shall, at the request and option of the AgentLender, notify account debtors and other persons Persons obligated on any of the Collateral of the security interest of the Agent Lender in any account, chattel paper, general intangible, instrument or other Collateral and that payment thereof is to be made directly to the Agent Lender or to any financial institution designated by the Agent Lender as the Agent's Lender’s agent therefor, and the Agent Lender may itself, if a Default or an Event of Default shall have occurred and be continuing, without notice to or demand upon the CompanyBorrower, so notify account debtors and other persons Persons obligated on Collateral. After the making of such a request or the giving of any such notification, the Company Borrower shall hold any proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Company Borrower as trustee for the Agent, for the benefit of the Lenders and the Agent, Lender without commingling the same with other funds of the Company Borrower and shall turn the same over to the Agent Lender in the identical form received, together with any necessary endorsements or assignments. The Agent Lender shall apply the proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Agent Lender to the Obligations, such proceeds to be immediately credited after final payment in cash or other immediately available funds of the items giving rise to them.
Appears in 1 contract
Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or an Event of Default shall have has occurred and be is continuing, the Company shallBorrower will, at the request and option of the AgentLender, notify account debtors and other persons obligated on any of the Collateral of the security interest of the Agent Lender in any account, chattel paper, general intangible, instrument or other Collateral and that payment thereof is to be made directly to the Agent Lender or to any financial institution designated by the Agent Lender as the AgentLender's agent therefor, and the Agent Lender may itself, if a Default or an Event of Default shall have has occurred and be continuingis continuing beyond the applicable cure period, if any, without notice to or demand upon the CompanyBorrower, so notify account debtors and other persons obligated on Collateral. After the making of such a request or the giving of any such notification, the Company shall Borrower will hold any proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Company Borrower as trustee for the Agent, for the benefit of the Lenders and the Agent, Lender without commingling the same with other funds of the Company Borrower and shall will turn the same over to the Agent Lender in the identical form received, together with any necessary endorsements or assignments. The Agent shall Lender will apply the proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Agent Lender to the Obligations, such proceeds to be immediately credited entered after final payment in cash or other immediately available funds of the items giving rise to them.
Appears in 1 contract
Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or an Event of Default shall have occurred and be continuing, the Company Borrower shall, at the request and option of the AgentLender, notify account debtors and other persons obligated on any of the Collateral of the security interest of the Agent Lender in any account, chattel paper, general intangible, instrument or other Collateral and that payment thereof is to be made directly to the Agent Lender or to any financial institution designated by the Agent Lender as the AgentLender's agent therefor, and the Agent Lender may itself, if a Default or an Event of Default shall have occurred and be continuing, without notice to or demand upon the CompanyBorrower, so notify account debtors and other persons obligated on Collateral. After the making of such a request or the giving of any such notification, the Company Borrower shall hold any proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Company Borrower as trustee for the Agent, for the benefit of the Lenders and the Agent, Lender without commingling the same with other funds of the Company Borrower and shall turn the same over to the Agent Lender in the identical form received, together with any necessary endorsements or assignments. The Agent Periodically, Lender shall apply the proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Agent Lender to the ObligationsObligations in such order as Lender may elect, such proceeds to be immediately credited after final payment in cash or other immediately available funds of the items giving rise to them.
Appears in 1 contract
Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or an Event of Default shall have occurred and be continuing, the Company shall, at the request and option of the AgentLender, notify account debtors and other persons obligated on any of the Collateral of the security interest of the Agent Lender in any account, chattel paper, general intangible, instrument or other Collateral and that payment thereof is to be made directly to the Agent Lender or to any financial institution designated by the Agent Lender as the Agent's Lender’s agent therefor, and the Agent Lender may itself, if a Default or an Event of Default shall have occurred and be continuing, without notice to or demand upon the Company, so notify account debtors and other persons obligated on Collateral. After the making of such a request or the giving of any such notification, the Company shall hold any proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Company as trustee for the Agent, for the benefit of the Lenders and the Agent, Lender without commingling the same with other funds of the Company and shall turn the same over to the Agent Lender in the identical form received, together with any necessary endorsements or assignments. The Agent Lender shall apply the proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Agent Lender to the Obligations, such proceeds to be immediately credited entered after final payment in cash or other immediately available funds of the items giving rise to them.
Appears in 1 contract
Samples: Security Agreement (Janel Corp)
Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or an Event of Default shall have has occurred and be is continuing, the Company then (a) each Grantor shall, at the request and option of the Collateral Agent, notify account debtors and other persons obligated on any of the Collateral of the security interest of the Agent in any accountAccount, chattel paperChattel Paper, general intangibleGeneral Intangible, instrument Instrument or other property of such Grantor constituting Collateral and that payment thereof of such obligors obligation is to be made directly to the Collateral Agent or to any financial institution designated by the Collateral Agent as the Collateral Agent's agent therefor, and (b) the Collateral Agent may itself, if a Default or an Event of Default shall have occurred and be continuing, without notice to or demand upon the Companyany Grantor, so notify such account debtors and other persons obligated on such Collateral. After the making of such a request or the giving of any such notification, the Company such Grantor shall hold any proceeds Proceeds of collection of accountsAccounts, chattel paperChattel Paper, general intangiblesGeneral Intangibles, instruments Instruments and other Collateral received by the Company such Grantor as trustee for the Agent, for the benefit of the Lenders and the Agent, Collateral Agent without commingling the same with other funds of the Company such Grantor and shall turn the same over to the Collateral Agent in the identical form received, together with any necessary endorsements or assignments. The Collateral Agent shall may apply the proceeds Proceeds of collection of accountsAccounts, chattel paperChattel Paper, general intangiblesGeneral Intangibles, instruments Instruments and other Collateral received by the Collateral Agent to the ObligationsSecured Obligations or hold such Proceeds as additional Collateral, such proceeds to be immediately credited after final payment in cash or other immediately available funds at the option of the items giving rise to themCollateral Agent.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Reliant Resources Inc)
Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or The Company shall, after the occurrence of and during the continuance of an Event of Default shall have occurred and be continuing, the Company shallDefault, at the request and option of the AgentLender, notify account debtors and other persons obligated on any of the Collateral of the security interest of the Agent Lender in any account, chattel paper, general intangible, instrument or other Collateral and that payment thereof is to be made directly to the Agent Lender or to any financial institution designated by the Agent Lender as the AgentLender's agent therefor, and the Agent Lender may itself, if a Default or an Event of Default shall have occurred and be continuing, without notice to or demand upon the Company, so notify account debtors and other persons obligated on Collateral. After the making of such a request or the giving of any such notification, the Company shall hold any proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Company as trustee for the Agent, for the benefit of the Lenders and the Agent, Lender without commingling the same with other funds of the Company and shall turn the same over to the Agent Lender in the identical form received, together with any necessary endorsements or assignments. The Agent Lender shall apply the proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Agent Lender to the Obligations, such proceeds to be immediately credited after final payment in cash or other immediately available funds of the items giving rise to them.
Appears in 1 contract
Samples: Security Agreement (Precision Optics Corporation, Inc.)
Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or an Event of Default shall have occurred and be continuing, the Company Borrower shall, at the request and option of the AgentLender, notify account debtors and other persons obligated on any of the Collateral of the security interest of the Agent Lender in any account, chattel paper, general intangible, instrument or other Collateral and that payment thereof is to be made directly to the Agent Lender or to any financial institution designated by the Agent Lender as the Agent's Lender’s agent therefor, and the Agent Lender may itself, if a Default or an Event of Default shall have occurred and be continuing, without notice to or demand upon the CompanyBorrower, so notify account debtors and other persons obligated on Collateral. After the making of such a request or the giving of any such notification, the Company Borrower shall hold any proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Company Borrower as trustee for the Agent, for the benefit of the Lenders and the Agent, Lender without commingling the same with other funds of the Company Borrower and shall turn the same over to the Agent Lender in the identical form received, together with any necessary endorsements or assignments. The Agent Lender shall apply the proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Agent Lender to the Obligations, such proceeds to be immediately credited after final payment in cash or other immediately available funds of the items giving rise to them.
Appears in 1 contract
Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or an Event of Default shall have occurred and be continuing, the Company shall, at the request and option of the AgentInvestor and subject to the rights of Thermo Credit LLC, notify account debtors and other persons obligated on any of the Collateral of the security interest of the Agent Investor in any account, chattel paper, general intangible, instrument or other Collateral and that payment thereof is to be made directly to the Agent Investor or to any financial institution designated by the Agent Investor as the AgentInvestor's agent therefor, and the Agent Investor may itself, if a Default or an Event of Default shall have occurred and be continuing, without notice to or demand upon the Company, so notify account debtors and other persons obligated on Collateral. After the making of such a request or the giving of any such notification, the Company shall hold any proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Company as trustee for the Agent, for the benefit of the Lenders and the Agent, Investor without commingling the same with other funds of the Company and shall turn the same over to the Agent Investor in the identical form received, together with any necessary endorsements or assignments. The Agent Investor shall apply the proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Agent Investor to the Obligations, such proceeds to be immediately credited after final payment in cash or other immediately available funds of the items giving rise to them.
Appears in 1 contract
Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or an Event of Default shall have occurred and be continuing, the Company Borrower shall, at the request and option of the AgentLender, notify account debtors and other persons obligated on any of the Collateral of the security interest of the Agent Lender in any account, chattel paper, general intangible, instrument or other Collateral and that payment thereof is to be made directly to the Agent Lender or to any financial institution designated by the Agent Lender as the Agent's Lender’s agent therefor, and the Agent Lender may itself, if a Default or an Event of Default shall have occurred and be continuingcontinuing beyond the applicable cure period, if any, without notice to or demand upon the CompanyBorrower, so notify account debtors and other persons obligated on Collateral. After the making of such a request or the giving of any such notification, the Company Borrower shall hold any proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Company Borrower as trustee for the Agent, for the benefit of the Lenders and the Agent, Lender without commingling the same with other funds of the Company Borrower and shall turn the same over to the Agent Lender in the identical form received, together with any necessary endorsements or assignments. The Agent Lender shall apply the proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Agent Lender to the Obligations, such proceeds to be immediately credited entered after final payment in cash or other immediately available funds of the items giving rise to them.
Appears in 1 contract
Notification to Account Debtors and Other Persons Obligated on Collateral. If at any time a Default or an Cash Dominion Event of Default shall have has occurred and be is continuing, and a Cash Dominion Cure Event has not occurred, the Company Companies shall, at the request and option of the Collateral Agent, notify account debtors and other persons obligated on any of the Collateral of the security interest of the Collateral Agent in any account, chattel paper, general intangible, instrument account or other Collateral and that payment thereof is to be made directly to the Collateral Agent or to any financial institution designated by the Collateral Agent as the Collateral Agent's agent therefor, and the Collateral Agent may itself, if a Default or an Event of Default shall have occurred and be continuing, without notice to or demand upon the such Company, so notify account debtors and other persons obligated on Collateral. After the making of such a request or the giving of any such notification, the such Company shall hold any proceeds of collection of accounts, chattel paper, general intangibles, instruments accounts and other Collateral received by the such Company as trustee for the Collateral Agent, for the benefit of the Lenders and the AgentSecured Parties, without commingling the same with other funds of the Company such Companies and shall turn the same over to the Collateral Agent in the identical form received, together with any necessary endorsements or assignments. The Collateral Agent shall apply the proceeds of collection of accounts, chattel paper, general intangibles, instruments accounts and other Collateral received by the Collateral Agent to the ObligationsObligations in accordance with the requirements of the Collateral Agency Agreement, such proceeds to be immediately credited after final payment in cash or other immediately available funds of the items giving rise to them.
Appears in 1 contract
Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or an Event of Default shall have occurred and be continuing, the Company shall, at the request and option of the Agent, notify account debtors and other persons obligated on any of the Collateral of the security interest of the Agent in any account, chattel paper, general intangible, instrument or other Collateral and that payment thereof is to be made directly to the Agent or to any financial institution designated by the Agent as the Agent's its agent therefor, and the Agent may itself, if a Default or an Event of Default shall have occurred and be continuing, without notice to or demand upon the Company, so notify account debtors and other persons obligated on Collateral. After the making of such a request or the giving of any such notification, the Company shall hold any proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Company as trustee for the Agent, for the benefit of the Lenders and the Agent, Agent without commingling the same with other funds of the Company and shall turn the same over to the Agent in the identical form received, together with any necessary endorsements or assignments. The Agent shall apply the proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Agent to the Obligations, such proceeds to be immediately credited after final payment in cash or other immediately available funds of the items giving rise to them.
Appears in 1 contract
Samples: Security Agreement (Mac-Gray Corp)
Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or an Event of Default shall have occurred and be continuing, the Company Grantor shall, at the request and option of the AgentLender, notify account debtors and other persons obligated on any of the Collateral of the security interest of the Agent Lender in any account, chattel paper, general intangible, instrument instalment or other Collateral and that payment thereof is to be made directly to the Agent Lender or to any financial institution designated by the Agent Lender as the Agent's Lender’s agent therefor, and the Agent Lender may itself, if a Default or an Event of Default shall have occurred and be continuing, without notice to or demand upon the CompanyGrantor, so notify account debtors and other persons obligated on Collateral. After the making of such a request or the giving of any such notification, the Company Grantor shall hold any proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Company Grantor as trustee for the Agent, for the benefit of the Lenders and the Agent, Lender without commingling the same with other funds of the Company Grantor and shall turn the same over to the Agent Lender in the identical form received, together with any necessary endorsements or assignments. The Agent Lender shall apply the proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Agent Lender to the Obligations, such proceeds to be immediately credited after final payment in cash or other immediately available funds of the items giving rise to them.
Appears in 1 contract
Samples: Security Agreement (Mod Pac Corp)
Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or an Event of Default shall have occurred and be continuing, the Company Debtor shall, at the request and option of the AgentSecured Party, notify account debtors and other persons obligated on any of the Collateral of the security interest of the Agent Secured Party in any account, chattel paper, general intangible, instrument or other Collateral and that payment thereof is to be made directly to the Agent Secured Party or to any financial institution designated by the Agent Secured Party as the AgentSecured Party's agent therefor, and the Agent Secured Party may itself, if a Default or an Event of Default shall have occurred and be continuing, without notice to or demand upon the CompanyDebtor, so notify account debtors and other persons obligated on Collateral. After the making of such a request or the giving of any such notification, the Company Debtor shall hold any proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Company Debtor as trustee for the Agent, for the benefit of the Lenders and the Agent, Secured Party without commingling the same with other funds of the Company Debtor and shall turn the same over to the Agent Secured Party in the identical form received, together with any necessary endorsements or assignments. The Agent Secured Party shall apply the proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Agent Secured Party to the ObligationsObligations in the order provided for in the Loan Agreement, such proceeds to be immediately credited after final payment in cash or other immediately available funds of the items giving rise to them.
Appears in 1 contract
Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or Whenever an Event of Default shall have occurred and be continuingexists, the Company shall, at the request and option of the AgentLenders, notify account debtors and other persons obligated on any of the Collateral of the security interest of the Agent Lenders in any accountAccount, chattel paperChattel Paper, general intangibleGeneral Intangible, instrument Instrument or other Collateral and that payment thereof is to be made directly to the Agent Lenders or to any financial institution designated by the Agent Lenders as the Agent's Lenders’ agent therefor, and the Agent Lenders may itself, if a Default or themselves whenever an Event of Default shall have occurred and be continuingexists, without notice to or demand upon the Company, so notify account debtors and other persons obligated on Collateral. After the making of such a request or the giving of any such notification, the Company shall hold as trustee for the Lenders any proceeds Proceeds of collection of accountsAccounts, chattel paperChattel Paper, general intangiblesGeneral Intangibles, instruments Instruments and other Collateral received by the Company as trustee for the Agent, for the benefit of the Lenders and the Agent, without commingling the same with other funds of the Company and shall turn the same over to the Agent Lenders in the identical form received, together with any necessary endorsements or assignments. The Agent Lenders, at their option, shall apply the proceeds Proceeds of collection of accountsAccounts, chattel paperChattel Paper, general intangiblesGeneral Intangibles, instruments Instruments and other Collateral received by the Agent Lenders to the Secured Obligations, such proceeds Proceeds to be immediately credited entered after final payment in cash or other immediately available funds of the items giving rise to them, or hold such Proceeds as collateral for the Secured Obligations.
Appears in 1 contract
Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or an Event of Default shall have occurred and be continuing, the Company :
(a) each Debtor shall, at the request and option of the AgentSecured Parties, notify account debtors and other persons Persons obligated on any of the Collateral of the security interest of each of the Agent Secured Parties in any account, chattel paper, general intangible, instrument or other Collateral and that payment thereof is to be made directly to the Agent Secured Parties or to any financial institution designated by the Agent as the Agent's Secured Parties’ agent therefor, and ;
(b) the Agent Secured Parties may itself, if a Default or an Event of Default shall have occurred and be continuingthemselves, without notice to or demand upon the CompanyDebtors, so notify account debtors and other persons Persons obligated on Collateral. After ;
(c) after the making of such a request or the giving of any such notification, the Company each Debtor shall hold any proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Company such Debtor as trustee for the AgentSecured Parties, for the benefit of the Lenders and the AgentSecured Parties, without commingling the same with other funds of the Company such Debtor and shall turn the same over to the Agent Secured Parties in the identical form received, together with any necessary endorsements or assignments. The Agent ; and
(d) the Secured Parties shall apply the proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral and received by the Agent Secured Parties to the payment of the Obligations, such proceeds to be immediately credited after final payment in cash or other immediately available funds of the items giving rise to them.
Appears in 1 contract
Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or an Event of Default shall have occurred and be continuing, the Company shall, at the request and option of the AgentLender, notify account debtors and other persons obligated on any of the Collateral of the security interest of the Agent Lender in any account, chattel paper, general intangible, instrument or other Collateral and that payment thereof is to be made directly to the Agent Lender or to any financial institution designated by the Agent Lender as the AgentLender's agent therefor, and the Agent Lender may itself, if a Default or an Event of Default shall have occurred and be continuing, without notice to or demand upon the Company, so notify account debtors and other persons obligated on Collateral. After the making of such a request or the giving of any such notification, the Company shall hold any proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Company as trustee for the AgentLender, for the benefit of the Lenders and the AgentLender, without commingling the same with other funds of the Company and shall turn the same over to the Agent Lender in the identical form received, together with any necessary endorsements or assignments. The Agent Lender shall apply the proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Agent Lender to the Obligations, such proceeds to be immediately credited after final payment in cash or other immediately available funds of the items giving rise to them.
Appears in 1 contract
Notification to Account Debtors and Other Persons Obligated on Collateral. If a Default or an Event of Default shall have occurred and be continuing, the Company each Grantor shall, at the request and option of the AgentSecured Party, notify account debtors and other persons obligated on any of the Collateral of the security interest of the Agent Secured Party in any account, chattel paper, general intangible, instrument or other Collateral and that payment thereof is to be made directly to the Agent Secured Party or to any financial institution designated by the Agent Secured Party as the Agent's Secured Party’s agent therefor, and the Agent Secured Party may itself, if a Default or an Event of Default shall have occurred and be continuing, without notice to or demand upon the CompanyGrantor, so notify account debtors and other persons obligated on Collateral. After the making of such a request or the giving of any such notification, the Company Grantor shall hold any proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Company Grantor as trustee for the Agent, for the benefit of the Lenders and the Agent, Secured Party without commingling the same with other funds of the Company Grantor and shall turn the same over to the Agent Secured Party in the identical form received, together with any necessary endorsements or assignments. The Agent Secured Party shall apply the proceeds of collection of accounts, chattel paper, general intangibles, instruments and other Collateral received by the Agent Secured Party to the Obligations, such proceeds to be immediately credited after final payment in cash or other immediately available funds of the items giving rise to them.
Appears in 1 contract