Common use of Progress Billing Clause in Contracts

Progress Billing. Accounts (i) as to which a Borrower is not able to bring suit or otherwise enforce its remedies against the Account Debtor through judicial process or (ii) if the Account represents a progress billing consisting of an invoice for goods sold or used or services rendered pursuant to a contract under which the Account Debtor’s obligation to pay that invoice is subject to a Borrower’s completion of further performance under such contract or is subject to the equitable lien of a surety bond issuer;

Appears in 2 contracts

Samples: Credit Agreement (Evraz North America PLC), Credit Agreement (Evraz North America LTD)

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Progress Billing. Accounts (i) as to which a such Borrower is not able to bring suit or otherwise enforce its remedies against the Account Debtor through judicial process process, or (ii) if the Account represents a progress billing consisting of an invoice for goods sold or used or services rendered pursuant to a contract under which the Account Debtor’s obligation to pay that invoice is subject to a such Borrower’s completion of further performance under such contract or is subject to the equitable lien of a surety bond issuer;

Appears in 1 contract

Samples: Revolving Credit Agreement (Signature Group Holdings, Inc.)

Progress Billing. Accounts (i) as to which a Borrower is not able to bring suit or otherwise enforce its remedies against the Account Debtor through judicial process process, or (ii) if the Account represents a progress billing consisting of an invoice for goods sold or used or services rendered pursuant to a contract under which the Account Debtor’s obligation to pay that invoice is subject to a Borrower’s completion of further performance under such contract or is subject to the equitable lien of a surety bond issuer;

Appears in 1 contract

Samples: Credit Agreement (Winnebago Industries Inc)

Progress Billing. Accounts (i) as to which a the US Borrower is not able to bring suit or otherwise enforce its remedies against the Account Debtor through judicial process process, or (ii) if the Account represents a progress billing consisting of an invoice for goods sold or used or services rendered pursuant to a contract under which the Account Debtor’s obligation to pay that invoice is subject to a the US Borrower’s completion of further performance under such contract or is subject to the equitable lien of a surety bond issuer;

Appears in 1 contract

Samples: Credit Agreement (Essex Rental Corp.)

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Progress Billing. Accounts (i) as to which a Borrower such Borrowing Base Company is not able to bring suit or otherwise enforce its remedies against the Account Debtor through judicial process process, or (ii) if the Account represents a progress billing consisting of an invoice for goods sold or used or services rendered pursuant to a contract under which the Account Debtor’s 's obligation to pay that invoice is subject to a Borrower’s such Borrowing Base Company's completion of further performance under such contract or is subject to the equitable lien of a surety bond issuer;

Appears in 1 contract

Samples: Revolving Credit Agreement (Real Industry, Inc.)

Progress Billing. Accounts (i) as to which a the Borrower is not able to bring suit or otherwise enforce its remedies against the Account Debtor through judicial process process, or (ii) if the Account represents a progress billing consisting of an invoice for goods sold or used or services rendered pursuant to a contract under which the Account Debtor’s obligation to pay that invoice is subject to a the Borrower’s completion of further performance under such contract or is subject to the equitable lien of a surety bond issuer;

Appears in 1 contract

Samples: Credit Agreement (Essex Rental Corp.)

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