Payment of Accounts Receivable. All payments of Accounts Receivable and other payments on behalf of Company received by Factor shall be credited to Company's Reserve Account. No check, draft or other instrument received by Factor shall constitute final payment unless and until such check, draft or other instrument shall have been actually collected by Factor in immediately available funds. The amount of the Purchase Price of any Factor Risk Account Receivable which remains unpaid will be deemed collected and will be credited to Company's account as of the earlier of the following dates: (a) the date of the Account Receivables longest maturity if any proceeding or petition is instituted or filed by or against the Customer for relief under any federal or state bankruptcy or insolvency law, code or act, or if a receiver or trustee is appointed for the Customer; or (b) as of the last day of the fourth (4th) month following its longest maturity date if such Factor Risk Account Receivable remains unpaid as of such date without the happening of any of the events specified in the preceding clause (a). If any Factor Risk Account Receivable credited to Company's Reserve Account is not paid for any reason other than the Customer's financial inability to pay, Factor shall reverse the credit and charge Company's Reserve Account accordingly and such Account Receivable shall then be deemed a Company Risk Account Receivable. BN 1086443v3
Payment of Accounts Receivable. Following the Closing, DoveBid agrees ------------------------------ to use its commercially reasonable efforts to collect outstanding accounts receivable of the Company as of the Closing Date (such amounts, "Closing Company Receivables"). On each successive two week anniversary of the Closing Date, DoveBid agrees to pay to the Trees Trust in cash, all amounts received by DoveBid or the Company during the prior two weeks in payment of Closing Company Receivables until the aggregate amount of all such payments by DoveBid to the Trees Trust equals the amount of Trees Indebtedness as of the Closing Date, plus interest accrued under the notes evidencing the Trees Indebtedness. If, on the one year anniversary of the Closing Date, the payments of Closing Company Receivables have not satisfied the amount of Trees Indebtedness as of the Closing Date, DoveBid shall promptly pay in full the remaining unpaid principal and accrued interest of the Trees Indebtedness. Each of the Company, the Trees Trust, Xxxxxxx X. Trees and Xxxxxx X. Trees hereby agree that (i) the provisions of this Agreement regarding the satisfaction of the Trees Indebtedness supersede and amend in all respects each and every instrument evidencing or regarding the Trees Indebtedness, including, without limitation, the Secured Promissory Note dated March 11, 1998 and the Promissory Note dated December 2, 1998, and that the provisions thereof regarding the schedule of payments due thereunder and the acceleration thereof are of no further force or effect, and (ii) the Security Agreement executed by the Company and the Trees Trust on March 18, 1998 (the "Trees Security Agreement") is hereby terminated.
Payment of Accounts Receivable. Purchaser shall credit to Seller all payments by customers of Account Receivable promptly after crediting such payment to the customer's account. No check, draft or other instrument received by Purchaser shall constitute final payment unless and until such check, draft or other instrument shall have been actually collected by Purchaser in immediately available funds. The amount of the Purchase Price of any Purchaser Risk Account Receivable which remains unpaid shall be credited to Seller as of the earlier of the following dates: (a) the longest maturity date of such Purchaser Risk Account Receivable if any proceeding or petition is instituted or filed by or against the customer for relief under any federal or state bankruptcy or insolvency law, code or act, or if a receiver or trustee is appointed for the customer (each an "Insolvency Event"); or (b) as ofthe one hundred and eighty (180) days following its longest maturity date if such Purchaser Risk Account Receivable remains unpaid as of such date without the occurrence of an Insolvency Event; provided, however, that Purchaser shall not credit the Purchase Price of any unpaid Purchaser Risk Account Receivable if (i) Seller has breached any of its representations and warranties with respect to such unpaid Purchaser Risk Account Receivable as set forth in this Agreement or (ii) Purchaser determines that any Purchaser Risk Account Receivable remains unpaid for any reason other than the customer's financial inability to pay. In either case, such Account Receivable shall be converted to a Seller Risk Account Receivable.
Payment of Accounts Receivable. The Buyer Parent shall pay all accounts receivable relating to sales made by the Seller to the Buyer Parent prior to the Closing Date on terms mutually agreeable to the Seller and the Buyer Parent.
Payment of Accounts Receivable. Purchaser shall deliver to Seller all monies received by Purchaser in payment of any of the accounts receivable of Seller identified in the attached Schedule 1.2(a) (as such Schedule may be updated by Seller in accordance with --------------- Section 1.2(a)) within fifteen (15) days after Purchaser's receipt of such payment.
Payment of Accounts Receivable. Seller shall deliver to Purchaser all monies received by Seller in payment of any accounts receivable attributable to orders for product included in the Acquired Assets made after the Closing Date within fifteen (15) days after Purchaser's receipt of such payment. For purposes of the foregoing, any account receivable relating to the SysDraw Business that is not identified in the attached Schedule 1.2(a) (as such Schedule may be updated by Seller in --------------- accordance with Section 1.2(a)) shall be presumed to be an account receivable for which Purchaser is entitled to receive payment under this Section 6.3.
Payment of Accounts Receivable. 9.1 All payments of Accounts Receivable and other payments on behalf of Company received by Factor shall be credited to Company’s Reserve Account. No check, draft or other instrument received by Factor shall constitute final payment unless and until such check, draft or other instrument shall have been actually collected by Factor in immediately available funds.
9.2 Checks and other proceeds received by Factor in payment of Accounts Receivable will be promptly applied to Company’s account in accordance with Factor’s normal business practice. The Purchase Price with respect to which such remittances have been received and applied by Factor, less any amounts due us hereunder, will be transferred and disbursed to Company as follows: on Monday of the following week (or on the next business day thereafter, if that Monday is not a business day) for payments applied by Factor on Monday or Tuesday of any week, and on Wednesday of the following week (or on the next business day thereafter, if that Wednesday is not a business day) for payments applied on Wednesday, Thursday or Friday of any week. No checks, drafts or other instruments received by Factor will constitute final payment of an Account Receivable unless and until such instruments have actually been collected. At Factor’s option, it may send to Company, at any time and without prior notice to Company, any credit balance in Company’s Funds-In-Use Account.
9.3 The amount of the Purchase Price of any Factor Risk Account Receivable which remains unpaid will be deemed collected and will be credited to Company’s account as of the earlier of the following dates: (a) the date of the Account Receivables longest maturity if any proceeding or petition is instituted or filed by or against the Customer for relief under any federal or state bankruptcy or insolvency law, code or act, or if a receiver or trustee is appointed for the Customer; or (b) as of the last day of the fourth (4th) month following its longest maturity date if such Factor Risk Account Receivable remains unpaid as of such date without the happening of any of the events specified in the preceding clause (a). If any Factor Risk Account Receivable credited to Company’s Reserve Account is not paid for any reason other than the Customer’s financial inability to pay, Factor shall reverse the credit and charge Company’s Reserve Account accordingly and such Account Receivable shall then be deemed a Company Risk Account Receivable.
Payment of Accounts Receivable. In the event that the Sellers shall receive any instrument or other payment in respect of any account receivable belonging to the Purchasers, the Sellers shall forthwith deliver the same to the Purchasers, endorsed where necessary, without recourse, in favor of the Purchasers. The Sellers agree to give the Purchasers such assistance as the Purchasers may reasonably request in collecting pre-Closing Date receivables. Any accounts receivable that are uncollectible in full within 90 days after billing, and for which the Sellers have indemnified the Purchasers in accordance with Section 5.2 hereof, shall be assigned to the Sellers without recourse.
Payment of Accounts Receivable. If Seller receives payments to satisfy any accounts receivable of the Business after the Closing, Seller shall promptly, and in any event within five business days after receipt, notify Buyer and pay such proceeds to Buyer.
Payment of Accounts Receivable. Factor shall credit to Client all payments by customers of Accounts Receivable and other payments on behalf of Client promptly after crediting such payment to the customer's account. No check, draft or other instrument received by Factor shall constitute final payment unless and until such check, draft or other instrument shall have been actually collected by Factor in immediately available funds. Client shall pay to Factor a Fifteen Dollar ($15) fee for each check received by Factor as payment (in whole or in part) against Client Risk Accounts Receivable that is returned because of insufficient funds. The amount of the Purchase Price of any Factor Risk Account Receivable which remains unpaid shall be credited to Client as of the earlier of the following dates: (a) the longest maturity date of such Factor Risk Account Receivable if any proceeding or petition is instituted or filed by or against the customer for relief under any federal or state bankruptcy or insolvency law, code or act, or if a receiver or trustee is appointed for the customer (each an "INSOLVENCY EVENT"); or (b) as of the one hundred twentieth
