Common use of Notification; Verification Clause in Contracts

Notification; Verification. Lender or its designee may, from time to time, whether or not a Default or Event of Default has occurred: (a) verify directly with the Account Debtors of the Loan Parties (or by any reasonable manner and through any reasonable medium Lender considers advisable in the exercise of its Permitted Discretion) the validity, amount and other matters relating to the Accounts and Chattel Paper of the Loan Parties, by means of mail, telephone or otherwise, either in the name of the applicable Loan Party or Lender or such other name as Lender may choose, (b) notify Account Debtors of the Loan Parties that Lender has a security interest in the Accounts of the Loan Parties, (c) require any Loan Party to cause all invoices and statements which it sends to Account Debtors or other third parties to be marked, in a manner satisfactory to Lender, to reflect Xxxxxx’s security interest therein and payment instructions acceptable to Lender, (d) direct such Account Debtors to make payment thereof directly to Lender; such notification to be sent on the letterhead of such Loan Party and substantially in the form of Exhibit E annexed hereto and (e) demand, collect or enforce payment of any Accounts and Chattel Paper (but without any duty to do so). Each Loan Party hereby authorizes Account Debtors to make payments directly to Lender and to rely on notice from Lender without further inquiry. Lender may on behalf of each Loan Party endorse all items of payment received by Lender that are payable to such Loan Party for the purposes described above.

Appears in 1 contract

Samples: Loan and Security Agreement (Sifco Industries Inc)

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Notification; Verification. Lender or its designee may, from time to time, whether or not a Default or Event of Default has occurred: (a) verify directly with the Account Debtors of the Loan Parties (or by any reasonable manner and through any reasonable medium Lender considers advisable in the exercise of its Permitted Discretion) the validity, amount and other matters relating to the Accounts and Chattel Paper of the Loan Parties, by means of mail, telephone or otherwise, either in the name of the applicable Loan Party or Lender or such other name as Lender may choose, choose and (b) notify Account Debtors of the Loan Parties that Lender has a security interest in the Accounts of the Loan Parties. Lender or its designee may, upon the occurrence and during the continuation of a Default or Event of Default: (ca) require any Loan Party to cause all invoices and statements which it sends to Account Debtors or other third parties to be marked, in a manner satisfactory to Lender, to reflect XxxxxxLender’s security interest therein and payment instructions acceptable to Lender, Lender (db) direct such Account Debtors to make payment thereof directly to Lender; such notification to be sent on the letterhead of such Loan Party and substantially in the form of Exhibit E annexed hereto hereto; and (ec) demand, collect or enforce payment of any Accounts and Chattel Paper (but without any duty to do so). Each After the occurrence and during the continuation of an Event of Default, each Loan Party hereby authorizes Account Debtors to make payments directly to Lender and to rely on notice from Lender without further inquiry. After the occurrence and during the continuation of an Event of Default, Lender may on behalf of each Loan Party endorse all items of payment received by Lender that are payable to such Loan Party for the purposes described above.

Appears in 1 contract

Samples: Loan and Security Agreement (FreightCar America, Inc.)

Notification; Verification. Lender or its designee may, from time to time, whether or not a Default or Event of Default has occurred: occurred and is continuing (except as otherwise specified below): (a) verify directly with the Account Debtors of the Loan Parties (or by any reasonable manner and through any reasonable medium Lender considers advisable in the exercise of its Permitted Discretion) the validity, amount and other matters relating to the Accounts and Chattel Paper of the Loan Parties, by means of mail, telephone or otherwise, either in the name of the applicable Loan Party or Lender or such other name as Lender may choose, (b) notify Account Debtors of the Loan Parties that Lender has a security interest in the Accounts of the Loan Parties, (c) if an Event of Default has occurred and is continuing, require any Loan Party to cause all invoices and statements which it sends to Account Debtors or other third parties to be marked, in a manner satisfactory to Lender, to reflect XxxxxxLender’s security interest therein and payment instructions acceptable to Lender, (d) if an Event of Default has occurred and is continuing, direct such Account Debtors to make payment thereof directly to Lender; such notification to be sent on the letterhead of such Loan Party and substantially in the form of Exhibit E annexed hereto hereto, and (e) demand, collect or enforce payment of any Accounts and Chattel Paper (but without any duty to do so). Each Loan Party hereby authorizes Account Debtors to make payments directly to Lender and to rely on notice from Lender without further inquiry. Lender may on behalf of each Loan Party endorse all items of payment received by Lender that are payable to such Loan Party for the purposes described above.

Appears in 1 contract

Samples: Loan and Security Agreement (Transact Technologies Inc)

Notification; Verification. Lender or its designee may, from time to time, whether or not a Default or Event of Default has occurred: (a) verify directly with the Account Debtors of the Loan Parties Party Obligors (or by any reasonable manner and through any reasonable medium Lender considers advisable in the exercise of its Permitted Discretion) the validity, amount and other matters relating to the Accounts and Chattel Paper of the Loan PartiesParty Obligors, by means of mail, telephone or otherwise, either in the name of the applicable Loan Party Obligor or Lender or such other name as Lender may choose, (b) and notify Account Debtors of the Loan Parties Party Obligors that Lender has a security interest in the Accounts of the Loan PartiesParty Obligors. Lender or its designee may, from time to time, if a Default or Event of Default has occurred and is continuing: (ci) require any Loan Party Obligor to cause all invoices and statements which it sends to Account Debtors or other third parties to be marked, in a manner satisfactory to Lender, to reflect XxxxxxLender’s security interest therein and payment instructions acceptable to Lender, (dii) direct such Account Debtors to make payment thereof directly to Lender; such notification to be sent on the letterhead of such Loan Party Obligor and substantially in the form of Exhibit E annexed hereto hereto; and (eiii) demand, collect or enforce payment of any Accounts and Chattel Paper (but without any duty to do so). Each Loan Party Obligor hereby authorizes Account Debtors to make payments directly to Lender and to rely on notice from Lender without further inquiry. Lender may on behalf of each Loan Party Obligor endorse all items of payment received by Lender that are payable to such Loan Party Obligor for the purposes described above.

Appears in 1 contract

Samples: Loan and Security Agreement (New Age Beverages Corp)

Notification; Verification. Lender or its designee may, from time to time, (a) whether or not a Default or Event of Default has occurred: (a) , verify directly with the Account Debtors of the Loan Parties (or by any reasonable manner and through any reasonable medium Lender Xxxxxx considers advisable in the exercise of its Permitted Discretion) the validity, amount and other matters relating to the Accounts and Chattel Paper of the Loan Parties, by means of mail, telephone or otherwise, either in the name of the applicable Loan Party or Lender or such other name as Lender may choose, (b) following the occurrence and during the continuance of an Event of Default: (i) notify Account Debtors of the Loan Parties that Lender Xxxxxx has a security interest in the Accounts of the Loan Parties, (cii) require any Loan Party to cause all invoices and statements which it sends to Account Debtors or other third parties to be marked, in a manner satisfactory to Lender, to reflect Xxxxxx’s security interest therein and payment instructions acceptable to Lender, Lender (diii) direct such Account Debtors to make payment thereof directly to Lender; such notification to be sent on the letterhead of such Loan Party and substantially in the form of Exhibit E annexed hereto hereto; and (eiv) demand, collect or enforce payment of any Accounts and Chattel Paper (but without any duty to do so). Each Loan Party hereby authorizes Account Debtors Debtors, upon the occurrence and during the continuance of an Event of Default, to make payments directly to Lender and to rely on notice from Lender without further inquiry. Lender may may, upon the occurrence and during the continuance of an Event of Default, on behalf of each Loan Party Party, endorse all items of payment received by Lender that are payable to such Loan Party for the purposes described above.

Appears in 1 contract

Samples: Loan and Security Agreement (Salem Media Group, Inc. /De/)

Notification; Verification. Lender or its designee may, from time to time, whether or not a Default or Event of Default has occurred: (ai) verify directly with the Account Debtors of the Loan Parties Party Obligors (or by any reasonable manner and through any reasonable medium Lender considers advisable in the exercise of its Permitted Discretion) the validity, amount and other matters relating to the Accounts and Chattel Paper of the Loan PartiesParty Obligors, by means of mail, telephone or otherwise, either in the name of the applicable Loan Party Obligor or Lender or such other name as Lender may choose, choose and (bii) notify Account Debtors of the Loan Parties Party Obligors that Lender has a security interest in the Accounts of the Loan PartiesParty Obligors. Subject to the Intercreditor Agreement, Lender or its designee may, from time to time after the occurrence and during the continuance of an Event of Default: (cx) require any Loan Party Obligor to cause all invoices and statements which it sends to Account Debtors or other third parties to be marked, in a manner satisfactory to Lender, to reflect XxxxxxLender’s security interest therein and payment instructions acceptable to Lender, Lender (dy) direct such Account Debtors to make payment thereof directly to Lender; such notification to be sent on the letterhead of such Loan Party Obligor and substantially in the form of Exhibit E annexed hereto hereto; and (ez) demand, collect or enforce payment of any Accounts and Chattel Paper (but without any duty to do so). Each Loan Party Obligor hereby authorizes Account Debtors to make payments directly to Lender and to rely on notice from Lender without further inquiry. Lender may on behalf of each Loan Party Obligor endorse all items of payment received by Lender that are payable to such Loan Party Obligor for the purposes described above.

Appears in 1 contract

Samples: Loan and Security Agreement (Sypris Solutions Inc)

Notification; Verification. Lender Agent or its designee may, from time to time, whether or not a Default or Event of Default has occurred: (ai) verify directly with the Account Debtors of the Loan Parties Party Obligors (or by any reasonable manner and through any reasonable medium Lender Agent considers advisable in the exercise of its Permitted Discretion) the validity, amount and other matters relating to the Accounts and Chattel Paper of the Loan PartiesParty Obligors, by means of mail, telephone or otherwise, either in the name of the applicable Loan Party Obligor or Lender Agent or such other name as Lender Agent may choose, choose and (bii) notify Account Debtors of the Loan Parties Party Obligors that Lender Agent has a security interest in the Accounts of the Loan PartiesParty Obligors. Subject to the Intercreditor Agreement, Agent or its designee may, from time to time after the occurrence and during the continuance of an Event of Default: (cx) require any Loan Party Obligor to cause all invoices and statements which it sends to Account Debtors or other third parties to be marked, in a manner satisfactory to LenderAgent, to reflect XxxxxxAgent’s security interest therein and payment instructions acceptable to Lender, Agent (dy) direct such Account Debtors to make payment thereof directly to LenderAgent; such notification to be sent on the letterhead of such Loan Party Obligor and substantially in the form of Exhibit E annexed hereto hereto; and (ez) demand, collect or enforce payment of any Accounts and Chattel Paper (but without any duty to do so). Each Loan Party Obligor hereby authorizes Account Debtors to make payments directly to Lender Agent and to rely on notice from Lender Agent without further inquiry. Lender Agent may on behalf of each Loan Party Obligor endorse all items of payment received by Lender Agent that are payable to such Loan Party Obligor for the purposes described above.

Appears in 1 contract

Samples: Loan and Security Agreement (Sypris Solutions Inc)

Notification; Verification. Lender or its designee may, from time to time, whether or not a Default or Event of Default has occurred: (a) verify directly with the Account Debtors of the Loan Parties (or by any reasonable manner and through any reasonable medium Lender considers advisable in the exercise of its Permitted Discretion) the validity, amount and other matters relating to the Accounts and Chattel Paper of the Loan Parties, by means of mail, telephone or otherwise, either in the name of the applicable Loan Party or Lender or such other name as Lender may choose, (b) notify Account Debtors of the Loan Parties that Lender has a security interest in the Accounts of the Loan Parties, (c) require any Loan Party to cause all invoices and statements which it sends to Account Debtors or other third parties to be marked, in a manner satisfactory to Lender, to reflect Xxxxxx’s security interest therein and payment instructions acceptable to Lender, Lender (d) direct such Account Debtors to make payment thereof directly to Lender; such notification to be sent on the letterhead of such Loan Party and substantially in the form of Exhibit E annexed hereto hereto; and (e) demand, collect or enforce payment of any Accounts and Chattel Paper (but without any duty to do so). Each Loan Party hereby authorizes Account Debtors to make payments directly to Lender and to rely on notice from Lender without further inquiry. Lender may on behalf of each Loan Party endorse all items of payment received by Lender that are payable to such Loan Party for the purposes described above.

Appears in 1 contract

Samples: Loan and Security Agreement (Inseego Corp.)

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Notification; Verification. Lender or its designee may, from time to time, whether or not a Default or Event of Default has occurred: (a) verify directly with the Account Debtors of the Loan Parties (or by any reasonable manner and through any reasonable medium Lender Xxxxxx considers advisable in the exercise of its Permitted Discretionreasonable discretion) the validity, amount and other matters relating to the Accounts and Chattel Paper of the Loan Parties, by means of mail, telephone or otherwise, either in the name of the applicable Loan Party or Lender or such other name as Lender may choose, (b) notify Account Debtors of the Loan Parties that Lender has a security interest in the Accounts of the Loan Parties, (c) require any Loan Party to cause all invoices and statements which it sends to Account Debtors or other third parties to be marked, in a manner satisfactory to Lender, to reflect Xxxxxx’s security interest therein and payment instructions acceptable to Lender, Lender (d) direct such Account Debtors to make payment thereof directly to Lender; Lender (such notification to be sent on the letterhead of such Loan Party and substantially in the form of Exhibit E annexed hereto Party) and (e) demand, collect or enforce payment of any Accounts and Chattel Paper (but without any duty to do so). Each Loan Party hereby authorizes Account Debtors to make payments directly to Lender and to rely on notice from Lender without further inquiry. Lender may on behalf of each Loan Party endorse all items of payment received by Lender that are payable to such Loan Party for the purposes described above.

Appears in 1 contract

Samples: Loan and Security Agreement (Inseego Corp.)

Notification; Verification. Lender or its designee may, from time to time, whether or not a Default or Event of Default has occurred: (ai) verify directly with the Account Debtors of the Loan Parties Party Obligors (or by any reasonable manner and through any reasonable medium Lender considers advisable in the exercise of its Permitted Discretion) the validity, amount and other matters relating to the Accounts and Chattel Paper of the Loan PartiesParty Obligors, by means of mail, telephone or otherwise, either in the name of the applicable Loan Party Obligor or Lender or such other name as Lender may choose, choose and (bii) notify Account Debtors of the Loan Parties Party Obligors that Lender has a security interest in the Accounts of the Loan PartiesParty Obligors. Lender or its designee may, from time to time after the occurrence and during the continuance of an Event of Default: (cx) require any Loan Party Obligor to cause all invoices and statements which it sends to Account Debtors or other third parties to be marked, in a manner reasonably satisfactory to Lender, to reflect XxxxxxLender’s security interest therein and payment instructions acceptable to Lender, Lender (dy) direct such Account Debtors to make payment thereof directly to Lender; such notification to be sent on the letterhead of such Loan Party Obligor and substantially in the form of Exhibit E annexed hereto hereto; and (ez) demand, collect or enforce payment of any Accounts and Chattel Paper (but without any duty to do so). Each Loan Party Obligor hereby authorizes Account Debtors to make payments directly to Lender and to rely on notice from Lender without further inquiry. Lender may on behalf of each Loan Party Obligor endorse all items of payment received by Lender that are payable to such Loan Party Obligor for the purposes described above.

Appears in 1 contract

Samples: Loan and Security Agreement (Id Systems Inc)

Notification; Verification. Lender or its designee may, from time to time, whether or not a Default or Event of Default has occurred: (aa)(i) prior to the occurrence of an Event of Default, verify directly with the Account Debtors of the Loan Parties (or by any reasonable manner and through any reasonable medium Lender considers advisable in the exercise of its Permitted Discretion) the validity, amount and other matters relating to the Accounts and Chattel Paper of the Loan Parties, by means of mail, telephone or otherwise, either in each case, in the name of the applicable Loan Party and (ii) following the occurrence and during the continuance of an Event of Default, verify directly with the Account Debtors of the Loan Parties (or by any reasonable manner and through any reasonable medium Lender considers advisable in the exercise of its Permitted Discretion) the validity, amount and other matters relating to the Accounts and Chattel Paper of the Loan Parties, by means of mail, telephone or otherwise, in each case, in the name of Lender or such other name as Lender may choose, (b) following the occurrence and during the continuance of an Event of Default, notify Account Debtors of the Loan Parties that Lender Xxxxxx has a security interest in the Accounts of the Loan Parties, Parties and (c) following the occurrence and during the continuance of an Event of Default, require any Loan Party to cause all invoices and statements which it sends to Account Debtors or other third parties to be marked, in a manner satisfactory to Lender, to reflect Xxxxxx’s security interest therein and payment instructions acceptable to Lender. Lender or its designee may, from time to time, after an Event of Default has occurred and is continuing: (da) direct such Account Debtors to make payment thereof directly to Lender; such notification to be sent on the letterhead of such Loan Party and substantially in the form of Exhibit E annexed hereto and hereto; or (eb) demand, collect or enforce payment of any Accounts and Chattel Paper (but without any duty to do so). Each Loan Party hereby authorizes Account Debtors Debtors, upon the occurrence and during the continuance of an Event of Default, to make payments directly to Lender in accordance with the terms hereof and to rely on notice from Lender without further inquiry. Lender may may, upon the occurrence and during the continuance of an Event of Default, on behalf of each Loan Party Party, endorse all items of payment received by Lender that are payable to such Loan Party for the purposes described above.

Appears in 1 contract

Samples: Loan and Security Agreement (Grove Collaborative Holdings, Inc.)

Notification; Verification. Lender or its designee may, from time to time, whether or not a Default or Event of Default has occurred: (a) verify directly with the Account Debtors of the Loan Parties (or by any reasonable manner and through any reasonable medium Lender considers advisable in the exercise of its Permitted Discretion) the validity, amount and other matters relating to the Accounts and Chattel Paper of the Loan Parties, by means of mail, telephone or otherwise, either in the name of the applicable Loan Party or Lender or such other name as Lender may choose, choose and (b) notify Account Debtors of the Loan Parties that Lender has a security interest in the Accounts of the Loan Parties. Lender or its designee may, from time to time after the occurrence and during the continuance of an Event of Default: (cx) require any Loan Party to cause all invoices and statements which it sends to Account Debtors or other third parties to be marked, in a manner satisfactory to Lender, to reflect XxxxxxLender’s security interest therein and payment instructions acceptable to Lender, Lender (dy) direct such Account Debtors to make payment thereof directly to Lender; such notification to be sent on the letterhead of such Loan Party and substantially in the form of Exhibit E annexed hereto hereto; and (ez) demand, collect or enforce payment of any Accounts and Chattel Paper (but without any duty to do so). Each Loan Party hereby authorizes Account Debtors to make payments directly to Lender and to rely on notice from Lender without further inquiry. Lender may on behalf of each Loan Party endorse all items of payment received by Lender that are payable to such Loan Party for the purposes described above.

Appears in 1 contract

Samples: Loan and Security Agreement (usell.com, Inc.)

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