Protection of Buyer's Interests. (a) The Originator agrees that from time to time, at its expense, it will promptly execute and deliver all instruments and documents, and take all actions, that may be necessary or desirable, or that the Buyer (or its assignees) may reasonably request, to perfect, protect or more fully evidence the Buyer's ownership of the Receivables, or to enable the Buyer (or its assignees) to exercise and enforce their rights and remedies hereunder. The Buyer may, or the Buyer may direct the Originator to, notify the Obligors of Receivables, at any time following the replacement of the Originator as Sub-Servicer and at the Originator's expense, of the Buyer's ownership of the Receivables and may also direct that payments of all amounts due or that become due under any or all Receivables be made directly to the Buyer or its designee. (b) If the Originator or the Sub-Servicer fails to perform any of its obligations hereunder, the Buyer (or any of its assignees) may (but shall not be required to) perform, or cause the performance of, such obligation; and the Buyer's (and any of its assignee's) reasonable costs and expenses actually incurred in connection therewith shall be payable by the Originator or the Sub-Servicer, as applicable, on demand. The Originator and the Sub-Servicer each irrevocably authorizes the Buyer at any time and from time to time in the sole discretion of the Buyer, and appoints the Buyer as its attorney-in-fact, to act on behalf of the Originator and the Sub-Servicer (i) to execute on behalf of the Originator as seller/debtor and to file financing statements necessary or desirable in the Buyer's sole discretion to perfect and to maintain the perfection and priority of the Buyer's ownership interest in the Receivables and (ii) to file a carbon, photographic or other reproduction of this Agreement or any financing statement with respect to the Receivables as a financing statement in such offices as the Buyer in its sole discretion deems necessary or desirable to perfect and to maintain the perfection and priority of the Buyer's ownership interest in the Receivables. This appointment is coupled with an interest and is irrevocable.
Appears in 1 contract
Protection of Buyer's Interests. (a) The Originator Each of the Originators agrees that from time to time, at its expense, it will promptly execute and deliver all instruments and documents, and take all actions, that may be necessary or desirable, or that the Buyer (Buyer, Funding, the Agent, North Coast or its assignees) Surety Provider may reasonably request, to perfect, protect or more fully evidence the Buyer's ownership of the Receivables, or to enable the Buyer (Buyer, Funding, the Agent, North Coast or its assignees) Surety Provider to exercise and enforce their rights and remedies hereunder. The Buyer Surety Provider may, or the Buyer may direct the applicable Originator to, notify the Obligors of Receivables, on Receivables at any time following the replacement occurrence of the Originator as Sub-a Servicer and Default, at the such Originator's expense, of the Buyer's ownership of the Receivables and may also direct that payments of all amounts due or that become due under any or all Receivables be made directly to the Buyer or its designeeFacility Account.
(b) If either of the Originator or the Sub-Servicer Originators fails to perform any of its obligations hereunder, the Buyer (Buyer, Funding, the Agent or any of its assignees) the Surety Provider may (but shall not be required to) perform, or cause the performance of, such obligation; and the Buyersuch Person's (and any of its assignee's) reasonable costs and expenses actually incurred in connection therewith shall be payable by the such Originator or the Sub-Servicer, as applicable, on demand. The Originator and Each of the Sub-Servicer each Originators irrevocably authorizes the Buyer WFLLC and Funding at any time and from time to time in the their sole discretion of the Buyerdiscretion, and appoints the Buyer them and each of them as its attorney-in-fact, to act on behalf of the such Originator and the Sub-Servicer (i) to execute on behalf of the Originator as seller/debtor and to file financing statements necessary or desirable in the BuyerSurety Provider's sole discretion to perfect and to maintain the perfection and priority of the Buyer's ownership interest in the Receivables Purchased Assets and (ii) to file a carbon, photographic or other reproduction of this Agreement or any financing statement with respect to the Receivables as a financing statement in such offices as the Buyer in its sole discretion deems necessary or desirable to perfect and to maintain the perfection and priority of the Buyer's, Funding's ownership interest and the Agent's (on behalf of North Coast and Surety Provider) respective interests in the ReceivablesPurchased Assets. This appointment is coupled with an interest and is irrevocable.
Appears in 1 contract
Samples: Receivables Sale Agreement (Wabash National Corp /De)
Protection of Buyer's Interests. (a) The WFLLC agrees and shall cause each Originator agrees to agree that from time to time, at its their respective expense, it they will promptly execute and deliver all instruments and documents, and take all actions, that may be necessary or desirable, or that the Buyer (or its assignees) the Surety Provider may reasonably request, to perfect, protect or more fully evidence the Buyer's ownership interest of the ReceivablesPurchased Assets, or to enable the Buyer (or its assignees) Buyer, the Surety Provider and the Agent on behalf of the Purchaser and Surety Provider to exercise and enforce their rights and remedies hereunder. The Buyer Surety Provider may, or the Buyer may direct WFLLC and the applicable Originator to, notify the Obligors of on Receivables, at any time following the replacement occurrence of the Originator as Sub-a Servicer Default, at WFLLC's and at the such Originator's expense, of the Buyer's ownership of the Receivables and the interest therein of the Agent on behalf of the Purchaser and Surety Provider and may also direct that payments of all amounts due or that become due under any or all Receivables be made directly to the Buyer or its designeeFacility Account.
(b) If the Originator or the Sub-Servicer WFLLC fails to perform any of its obligations hereunder, the Buyer (Buyer, the Agent or any of its assignees) the Surety Provider may (but shall not be required to) perform, or cause the performance of, such obligation; and the Buyer's, the Agent's (and any of its assignee's) reasonable or the Surety Provider's costs and expenses actually incurred in connection therewith shall be payable by the Originator or the Sub-Servicer, as applicableWFLLC, on demand. The WFLLC authorizes and shall cause each Originator and the Sub-Servicer each to authorize irrevocably authorizes the Buyer at any time and from time to time in the sole discretion of the Buyer, and appoints the Buyer as its attorney-in-factattorneyinfact, to act on behalf of WFLLC, such Originator and, as applicable, the Originator and the Sub-Servicer Servicer: (i) to execute on behalf of the Originator as seller/debtor and to file financing statements necessary or desirable in the BuyerSurety Provider's sole discretion to perfect and to maintain the perfection and priority of the Buyer's ownership interest in the Receivables Purchased Assets and (ii) to file a carbon, photographic or other reproduction of this Agreement or any financing statement with respect to the Receivables Purchased Assets as a financing statement in such offices as the Buyer Surety Provider in its sole discretion deems necessary or desirable to perfect and to maintain the perfection and priority of the Buyer's ownership interest in the ReceivablesPurchased Assets. This appointment is coupled with an interest and is irrevocable.
Appears in 1 contract
Samples: Receivables Sale Agreement (Wabash National Corp /De)
Protection of Buyer's Interests. (a) The Originator agrees that from time to time, at its expense, it will promptly execute and deliver all instruments and documents, and take all actions, that may be necessary or desirable, or that the Buyer (or its assignees) may reasonably request, to perfect, protect or more fully evidence the Buyer's ownership of the Receivables, or to enable the Buyer (or its assignees) to exercise and enforce their rights and remedies hereunder. The Buyer may, or the Buyer may direct the Originator to, notify the Obligors of Receivables, at any time following the replacement of the Originator as Sub-Sub- Servicer and at the Originator's expense, of the Buyer's ownership of the Receivables and may also direct that payments of all amounts due or that become due under any or all Receivables be made directly to the Buyer or its designee.
(b) If the Originator or the Sub-Servicer fails to perform any of its obligations hereunder, the Buyer (or any of its assignees) may (but shall not be required to) perform, or cause the performance of, such obligation; and the Buyer's (and any of its assignee's) reasonable costs and expenses actually incurred in connection therewith shall be payable by the Originator or the Sub-Servicer, as applicable, on demand. The Originator and the Sub-Servicer each irrevocably authorizes the Buyer at any time and from time to time in the sole discretion of the Buyer, and appoints the Buyer as its attorney-in-fact, to act on behalf of the Originator and the Sub-Servicer (i) to execute on behalf of the Originator as seller/debtor and to file financing statements necessary or desirable in the Buyer's sole discretion to perfect and to maintain the perfection and priority of the Buyer's ownership interest in the Receivables and (ii) to file a carbon, photographic or other reproduction of this Agreement or any financing statement with respect to the Receivables as a financing statement in such offices as the Buyer in its sole discretion deems necessary or desirable to perfect and to maintain the perfection and priority of the Buyer's ownership interest in the Receivables. This appointment is coupled with an interest and is irrevocable.
Appears in 1 contract
Protection of Buyer's Interests. (a) The Originator agrees that from time to time, at its expense, it will promptly execute and deliver all instruments and documents, and take all actions, ,. that may be necessary or desirable, or that the Buyer (or its assignees) may reasonably request, to perfect, protect or more fully evidence the Buyer's ownership of the Receivables, or to enable the Buyer (or its assignees) to exercise and enforce their its rights and remedies hereunder. The Buyer may, or the Buyer may direct the Originator to, notify the Obligors of Receivables, at any time following the replacement of the Originator as Sub-Servicer and at the Originator's expense, of the Buyer's ownership of the Receivables and may also direct that payments of all amounts due or that become due under any or all Receivables be made directly to the Buyer or its designee.
(b) If the Originator or the Sub-Servicer fails to perform any of its obligations hereunder, the Buyer (or any of its assignees) assignees may (but shall not be required to) perform, or cause the performance of, such obligation; and the Buyer's (and or any of its assignee's) reasonable 's costs and expenses actually incurred in connection therewith shall be payable by the Originator or the Sub-Servicer, as applicable, on demand. The Originator and the Sub-Servicer each irrevocably authorizes the Buyer at any time and from time to time in the sole discretion of the Buyer, and appoints the Buyer as its attorney-in-fact, to act on behalf of the Originator and the Sub-Servicer (i) to execute on behalf of the Originator as seller/debtor and to file financing statements necessary or desirable in the Buyer's sole discretion to perfect and to maintain the perfection and priority of the Buyer's ownership interest in the Receivables and (ii) to file a carbon, photographic or other reproduction of this Agreement or any financing statement with respect to the Receivables as a financing statement in such offices as the Buyer in its sole discretion deems necessary or desirable to perfect and to maintain the perfection and priority of the Buyer's ownership interest in the Receivables. This appointment is coupled with an interest and is irrevocable.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Amkor Technology Inc)
Protection of Buyer's Interests. (a) The Originator Each of the Originators agrees that from time to time, at its expense, it will promptly execute and deliver all instruments and documents, and take all actions, that may be necessary or desirable, or that the Buyer (or its assignees) may reasonably request, to perfect, protect or more fully evidence the Buyer's ’s ownership of the Receivables, or to enable the Buyer (or its assignees) to exercise and enforce their rights and remedies hereunder. The Buyer may, or the Buyer may direct the applicable Originator to, notify the Obligors of Receivables, at any time following the replacement of the such Originator as a Sub-Servicer and at the such Originator's ’s expense, of the Buyer's ’s ownership of the Receivables and may also direct that payments of all amounts due or that become due under any or all Receivables be made directly to the Buyer or its designee.
(b) If the any Originator or the Sub-Servicer fails to perform any of its obligations hereunder, the Buyer (or any of its assignees) may (but shall not be required to) perform, or cause the performance of, such obligation; and the Buyer's ’s (and any of its assignee's’s) reasonable costs and expenses actually incurred in connection therewith shall be payable by the such Originator or the Sub-Servicer, as applicable, on demand. The Each Originator and the Sub-Servicer each irrevocably authorizes the Buyer at any time and from time to time in the sole discretion of the Buyer, and appoints the Buyer as its attorney-in-fact, to act on behalf of the such Originator and the Sub-Servicer (i) to execute (if necessary) on behalf of the such Originator as seller/debtor and to file financing statements necessary or desirable in the Buyer's ’s sole discretion to perfect and to maintain the perfection and priority of the Buyer's ’s ownership interest in the Receivables and (ii) to file a carbon, photographic or other reproduction of this Agreement or any financing statement with respect to the Receivables as a financing statement in such offices as the Buyer in its sole discretion deems necessary or desirable to perfect and to maintain the perfection and priority of the Buyer's ’s ownership interest in the Receivables. This appointment is coupled with an interest and is irrevocable.
Appears in 1 contract