Common use of Protections Against Default Clause in Contracts

Protections Against Default. The following Protections 1 through 8 may be invoked by FUNDER immediately and without notice to Merchant in the event: (a) Merchant takes any action to discourage the use of electronic check processing that are settled through Processor, or permits any event to occur that could have an adverse effect on the use, acceptance, or authorization of checks or other payments or deposits for the purchase of Merchant’s services and products including but not limited to direct deposit of any checks into a bank account without scanning into the FUNDER electronic check processor; (b) Merchant changes its arrangements with Processor or the Bank in any way that is adverse or unacceptable to FUNDER; (c) Merchant changes the electronic check processor through which the Receipts are settled from Processor to another electronic check processor, or permits any event to occur that could cause diversion of any of Merchant’s check or deposit transactions to another processor; (d) Merchant intentionally interrupts or ceases the operation of this business transfers, moves, sells, disposes, or otherwise conveys its business and/or assets without (i) the express prior written consent of FUNDER, and (ii) the written agreement of any FUNDER or transferee to the assumption of all of Merchant’s obligations under this Agreement pursuant to documentation satisfactory to FUNDER; (e) Merchant takes any action, fails to take any action, or offers any incentive—economic or otherwise—the result of which will be to induce any customer or customers to pay for Merchant’s services with any means other than payments, checks or deposits that are settled through Processor; (f) Merchant fails to provide FUNDER with copies of any documents related to Merchant’s card processing activity of financial and banking affairs within five days after a request from FUNDER, or (g) Merchant breaches any terms of this Agreement, including but not limited any of the Events of Default contained in Section 3.1 herein. These protections are in addition to any other remedies available to FUNDER at law, in equity or otherwise pursuant to this Agreement.

Appears in 3 contracts

Samples: Revenue Based Factoring (Clearday, Inc.), Revenue Purchase Agreement (Clearday, Inc.), Revenue Based Factoring (Clearday, Inc.)

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Protections Against Default. The following Protections 1 through 8 may be invoked by FUNDER RCNY immediately and without notice to Merchant in the event: (a) Merchant takes any action to discourage the use of electronic check processing that are settled through Processor, or permits any event to occur that could have an adverse effect on the use, acceptance, or authorization of checks or other payments or deposits for the purchase of Merchant’s services and products including but not limited to direct deposit of any checks into a bank account without scanning into the FUNDER RCNY electronic check processor; (b) Merchant changes its arrangements with Processor or the Bank in any way that is adverse or unacceptable to FUNDERRCNY; (c) Merchant changes the electronic check processor through which the Receipts are settled from Processor to another electronic check processor, or permits any event to occur that could cause diversion of any of Merchant’s check or deposit transactions to another processor; (d) Merchant intentionally interrupts or ceases the operation of this business transfers, moves, sells, disposes, or otherwise conveys its business and/or assets without (i) the express prior written consent of FUNDERRCNY, and (ii) the written agreement of any FUNDER RCNY or transferee to the assumption of all of Merchant’s obligations under this Agreement pursuant to documentation satisfactory to FUNDERRCNY; (e) Merchant takes any action, fails to take any action, or offers any incentive—economic or otherwise—the result of which will be to induce any customer or customers to pay for Merchant’s services with any means other than payments, checks or deposits that are settled through Processor; (f) Merchant fails to provide FUNDER RCNY with copies of any documents related to Merchant’s card processing activity of financial and banking affairs within five days after a request from FUNDERRCNY, or (g) Merchant breaches any terms of this Agreement, including but not limited any of the Events of Default contained in Section 3.1 herein. These protections are in addition to any other remedies available to FUNDER RCNY at law, in equity or otherwise pursuant to this Agreement.

Appears in 2 contracts

Samples: Revenue Purchase Agreement (PARTS iD, Inc.), Security Agreement and Guaranty (PARTS iD, Inc.)

Protections Against Default. The following Protections 1 through 8 9 may be invoked by FUNDER BCP immediately and without notice to Merchant in the event: (a) Merchant takes any action to discourage the use of electronic check processing that are settled through Processor, or permits any event to occur that could have an adverse effect on the use, acceptance, or authorization of c a s h , checks or other payments or deposits for the purchase of Merchant’s services and products including but not limited to direct deposit of any checks into a bank account without scanning into the FUNDER BCP electronic check processor; (b) Merchant changes its arrangements with Processor or the Bank in any way that is adverse or unacceptable to FUNDERBCP; (c) Merchant changes the electronic check processor through which the Receipts are settled from Processor to another electronic check processor, or permits any event to occur that could cause diversion of any of Merchant’s check or deposit transactions to another processor; (d) Merchant intentionally interrupts or ceases the normal operation of this business business, transfers, moves, sells, disposes, or otherwise conveys its business and/or assets without (i) the express prior written consent of FUNDERBCP, and (ii) the written agreement of any FUNDER purchaser or transferee to the assumption of all of Merchant’s obligations under this Agreement pursuant to documentation satisfactory to FUNDERBCP; (e) Merchant takes any action, fails to take any action, or offers any incentive—economic or otherwisethe result of which will be to induce any customer or customers to pay for Merchant’s services with any means other than payments, checks which lead directly to the Account to which BCP has unfettered and complete access until the full Purchase Price amount of the Receivables has been transferred; or deposits that are settled through Processor; (f) Merchant fails to provide FUNDER BCP with copies of any documents related to Merchant’s card processing activity of financial and banking affairs within five (5) days after a request from FUNDER, or (g) Merchant breaches any terms of this Agreement, including but not limited any of the Events of Default contained in Section 3.1 hereinBCP. These protections are in addition to any other remedies available to FUNDER BCP at law, in equity or otherwise pursuant to this Agreement: Protection #1: The full uncollected purchase amount plus all fees, including reasonable attorneys fees, returned transfer fees, returned ACH fees, late fees, and other fees, due under this agreement and the attached security Agreement become due and payable in full immediately. Protection #4: BCP may enforce its security interest in any Collateral.

Appears in 1 contract

Samples: Merchant Agreement (Mobiquity Technologies, Inc.)

Protections Against Default. The following Protections 1 through 8 may be invoked by FUNDER Purchaser immediately and without notice to Merchant in the event: (a) Merchant takes any action to discourage ceases the use of electronic check processing that are is settled through Processor, or permits takes any event to occur action that could have an has a material adverse effect on the use, acceptance, or authorization of checks or other payments or deposits for the purchase of Merchant’s services and products including but not limited to direct deposit of any checks into a bank account without scanning into the FUNDER Purchaser electronic check processor; (b) Merchant changes its arrangements with Processor or the Bank in any way that is materially adverse or unacceptable to FUNDERPurchaser’s ability to debit on each business day the Remittance from the Account; (c) Merchant changes the electronic check processor through which the Receipts are settled from Processor to another electronic check processor, or permits any event to occur that could cause diversion of any of Merchant’s check or deposit transactions to another processor; (d) Merchant intentionally interrupts or ceases the operation of this business transfers, moves, sells, disposes, or otherwise conveys its business and/or assets without (i) the express prior written consent of FUNDERPurchaser, and (ii) the written agreement of any FUNDER Purchaser or transferee to the assumption of all of Merchant’s obligations under this Agreement pursuant to documentation satisfactory to FUNDERPurchaser; (e) Merchant takes any action, fails to take any action, or offers any incentive—economic or otherwise—the result of action which will be to induce induces any customer or customers to pay for Merchant’s services with any means other than payments, checks or deposits that are settled through Processor; or (f) Merchant fails to provide FUNDER with copies of commits or suffers any documents related to Merchant’s card processing activity of financial and banking affairs within five days after a request from FUNDER, or (g) Merchant breaches any terms of this Agreement, including but not limited any of the Events Event of Default contained (defined below in Section 3.1 herein3.1). These protections are in addition to any other remedies available to FUNDER Purchaser at law, in equity or otherwise pursuant to this Agreement.

Appears in 1 contract

Samples: Revenue Purchase Agreement (Clearday, Inc.)

Protections Against Default. The Merchant represents and warrants that it will not violate Conditions (a) through (e) below and in the event of default thereunder the following Protections 1 through 8 may be invoked by FUNDER PURCHASER, immediately and without notice to Merchant in the event: (a) Merchant takes any action to discourage the use of electronic check processing that are settled through Processor, or permits any event to occur that could have an adverse effect on the use, acceptance, or authorization of checks or other payments or deposits for the purchase of Merchant’s 's services and products including but not limited to direct deposit of any checks into a bank account without scanning into the FUNDER PURCHASER electronic check processor; (b) Merchant changes its arrangements with Processor or the Bank in any way that is adverse or unacceptable to FUNDERPURCHASER; (c) Merchant changes the electronic check processor through which the Receipts are settled from Processor to another electronic check processor, or permits any event to occur that could cause diversion of any of Merchant’s 's check or deposit transactions to another processor; (d) Merchant intentionally interrupts or ceases the operation of this business (other than adverse weather, natural disasters or acts of God) transfers, moves, sells, disposes, transfers or otherwise conveys its business and/or or assets without (i) the express prior written consent of FUNDERPURCHASER, and (ii) the written agreement of any FUNDER purchaser or transferee to the assumption of all of Merchant’s 's obligations under this Agreement pursuant to documentation satisfactory to FUNDERPURCHASER; or (e) Merchant takes any action, fails to take any action, or offers any incentive—economic or otherwise—the result of which will be to induce any customer or customers to pay for Merchant’s 's services with any means other than payments, checks or deposits that are settled through Processor; (f) Merchant fails to provide FUNDER with copies of any documents related to Merchant’s card processing activity of financial and banking affairs within five days after a request from FUNDER, or (g) Merchant breaches any terms of this Agreement, including but not limited any of the Events of Default contained in Section 3.1 herein. These protections are in addition to any other remedies available to FUNDER PURCHASER at law, in equity or otherwise pursuant to this Agreement. Protection 1. The full uncollected Purchase Amount plus all fees due under this Agreement and the attached Security Agreement become due and payable in full immediately. Protection 2. Upon breach of ANY MATERIAL PROVISION OR BREACH OF REPRESENT-ATIONS AND WARRANTIES in this Agreement, PURCHASER may enter that confession of judgment (judgment) with the Clerk of the Court and execute thereon. Protection 3. Purchaser may enforce its security interest in the Collateral identified in Article III hereof.

Appears in 1 contract

Samples: Factoring Agreement (Activecare, Inc.)

Protections Against Default. The following Protections 1 through 8 7 may be invoked by FUNDER GCF immediately and without notice to Merchant in the event: (a) Merchant takes any action to discourage the use of electronic check processing that are settled through Processor, or permits any event to occur that could have an adverse effect on the use, acceptance, or authorization of checks or other payments or deposits for the purchase of Merchant’s 's services and products including but not limited to direct deposit of any checks into a bank account without scanning into the FUNDER GCF electronic check processor; (b) Merchant changes its arrangements with Processor or the Bank in any way that is adverse or unacceptable to FUNDERGCF; (c) Merchant changes the electronic check processor through which the Receipts are settled from Processor to another electronic check processor, or permits any event to occur that could cause diversion of any of Merchant’s 's check or deposit transactions to another processor; (d) Merchant intentionally interrupts or ceases the operation of this business (other than adverse weather, natural disasters or acts of God) transfers, moves, sells, disposes, or otherwise conveys its business and/or assets without (i) the express prior written consent of FUNDERGCF, and (ii) the written agreement of any FUNDER purchaser or transferee to the assumption of all of Merchant’s 's obligations under this Agreement pursuant to documentation satisfactory to FUNDERGCF; or (e) Merchant takes any action, fails to take any action, or offers any incentive-economic or otherwise-the result of which will be to induce any customer or customers to pay for Merchant’s 's services with any means other than payments, checks or deposits that are settled through Processor; (f) Merchant fails to provide FUNDER with copies of any documents related to Merchant’s card processing activity of financial and banking affairs within five days after a request from FUNDER, or (g) Merchant breaches any terms of this Agreement, including but not limited any of the Events of Default contained in Section 3.1 herein. These protections are in addition to any other remedies available to FUNDER GCF at law, in equity or otherwise pursuant to this Agreement.

Appears in 1 contract

Samples: Security Agreement (SANUWAVE Health, Inc.)

Protections Against Default. The following Protections 1 through 8 may be invoked by FUNDER immediately and without notice to Merchant in the event: (a) Merchant takes any action to discourage the use of electronic check processing that are settled through Processor, or permits any event to occur that could have an adverse effect on the use, acceptance, or authorization of checks or other payments or deposits for the purchase of Merchant’s services and products including but not limited to direct deposit of any checks into a bank account without scanning into the FUNDER electronic check processor; (b) Merchant changes its arrangements with Processor or the Bank in any way that is adverse or unacceptable to FUNDER; (c) Merchant changes the electronic check processor through which the Receipts are settled from Processor to another electronic check processor, or permits any event to occur that could cause diversion of any of Merchant’s check or deposit transactions to another processor; (d) Merchant intentionally interrupts or ceases the operation of this business transfers, moves, sells, disposes, or otherwise conveys its business and/or assets without (i) the express prior written consent of FUNDER, and (ii) the written agreement of any FUNDER or transferee to the assumption of all of Merchant’s obligations under this Agreement pursuant to documentation satisfactory to FUNDER; (e) Merchant takes any action, fails to take any action, or offers any incentive—economic or otherwise—the result of which will be to induce any customer or customers to pay for Merchant’s services with any means other than payments, checks or deposits that are settled through Processor; (f) Merchant fails to provide FUNDER with copies of any documents related to Merchant’s card processing activity of financial and banking affairs within five days after a request from FUNDER, or (g) Merchant breaches any terms of this Agreement, including but not limited any of the Events of Default contained in Section 3.1 herein. These protections are in addition to any other remedies available to FUNDER at law, in equity or otherwise pursuant to this Agreement.. Initial: _________

Appears in 1 contract

Samples: Revenue Purchase Agreement (Clearday, Inc.)

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Protections Against Default. The following Protections 1 through 8 7 may be invoked by FUNDER DDF , immediately and without notice to Merchant in the event: (a) Merchant takes any action to discourage the use of electronic check processing that are settled through Processor, or permits any event to occur that could have an adverse effect on the use, acceptance, or authorization of checks or other payments or deposits for the purchase of Merchant’s services and products including but not limited to direct deposit of any checks into a bank account without scanning into the FUNDER DDF electronic check processor; (bprocessor;(b) Merchant changes its arrangements with Processor or the Bank in any way that is adverse or unacceptable to FUNDERDDF ; (c) Merchant changes the electronic check processor or other payment processor through which the Receipts are settled from Processor to another electronic check processor or other payment processor, or permits any event to occur that could cause diversion of any of Merchant’s check or deposit transactions to another processorprocessor without the express prior written consent of DDF ; (d) Merchant intentionally interrupts or ceases the operation of this business business, transfers, moves, sells, disposes, transfers or otherwise conveys its business and/or or assets without (i) the express prior written consent of FUNDERDDF , and (ii) the written agreement of any FUNDER purchaser or transferee to the assumption of all of Merchant’s obligations under this Agreement pursuant to documentation satisfactory to FUNDERDDF ; or (e) Merchant takes any action, fails to take any action, or offers any incentive—economic or otherwise—the result of which will be to induce any customer or customers to pay for Merchant’s services with any means other than payments, checks or deposits that are settled through Processor; (f) Merchant fails to provide FUNDER with copies of any documents related to Merchant’s card processing activity of financial and banking affairs within five days after a request from FUNDER, or (g) Merchant breaches any terms of this Agreement, including but not limited any of the Events of Default contained in Section 3.1 herein. These protections are in addition to any other remedies available to FUNDER DDF at law, in equity or otherwise pursuant to this Agreement.

Appears in 1 contract

Samples: Security Agreement

Protections Against Default. The following Protections 1 through 8 may be invoked by FUNDER immediately and without notice to Merchant and Guarantor in the event: (a) Merchant takes any action to discourage the use of electronic check processing that are settled through Processor, or permits any event to occur that could have has an adverse effect on the use, acceptance, or authorization of checks or other payments or deposits for the purchase of Merchant’s services and products including but not limited to direct deposit of any checks into a an unauthorized bank account without scanning into the FUNDER electronic check processor; (b) Merchant changes its arrangements with Processor or the Bank in any way that is adverse or unacceptable to FUNDER; (c) Merchant changes the electronic check processor through which the Receipts are settled from Processor to another electronic check processor, or permits any event to occur that could cause diversion of any of Merchant’s check or deposit transactions to another processor; (d) Merchant intentionally interrupts or ceases the operation of this business transfers, moves, sells, disposes, or otherwise conveys its business and/or assets without (i) the express prior written consent of FUNDER, and (ii) the written agreement of any FUNDER or transferee to the assumption of all of Merchant’s obligations under this Agreement pursuant to documentation satisfactory to FUNDER; (ed) Merchant takes any action, fails to take any action, or offers any incentive—incentive- economic or otherwise-the result of which will be to induce any customer or customers to pay for Merchant’s services with any means other than payments, checks or deposits that are settled through ProcessorProcessor or the approved bank account; (fe) Merchant fails to provide FUNDER with copies of any documents related view only bank log in to Merchant’s verify receipts or bank statements or credit card processing activity of financial and banking affairs statements within five three days after a request from FUNDER, ; or (gf) Merchant breaches any terms of this Agreement, including but not limited any of the Events of Default contained in Section 3.1 herein. These protections are in addition to any other remedies available to FUNDER at law, in equity or otherwise pursuant to this Agreement. i) the express prior written consent of , and (ii) the written agreement of any or transferee to the assumption of all of Merchant’s obligations under this Agreement pursuant to documentation satisfactory to ; (e) Merchant takes any action, fails to take any action, or offers any incentive-economic or otherwise-the result of which will be to induce any customer or customers to pay for Merchant’s services with any means other than payments, checks or deposits that are settled through Processor; or (f) Merchant fails to provide with copies of any documents related to Merchant’s card processing activity of financial and banking affairs within five days after a request from These protections are in addition to any other remedies available to at law, in equity or otherwise pursuant to this Agreement.

Appears in 1 contract

Samples: Revenue Purchase Agreement (Zerify, Inc.)

Protections Against Default. The following Protections 1 through 8 7 may be invoked by FUNDER GCF immediately and without notice to Merchant in the event: (a) Merchant takes any action to discourage the use of electronic check processing that are settled through Processor, or permits any event to occur that could have an adverse effect on the use, acceptance, or authorization of checks or other payments or deposits for the purchase of Merchant’s services and products including but not limited to direct deposit of any checks into a bank account without scanning into the FUNDER GCF electronic check processor; (b) Merchant changes its arrangements with Processor or the Bank in any way that is adverse or unacceptable to FUNDERGCF; (c) Merchant changes the electronic check processor through which the Receipts are settled from Processor to another electronic check processor, or permits any event to occur that could cause diversion of any of Merchant’s check or deposit transactions to another processor; (d) Merchant intentionally interrupts or ceases the operation of this business (other than adverse weather, natural disasters or acts of God) transfers, moves, sells, disposes, or otherwise conveys its business and/or assets without (i) the express prior written consent of FUNDERGCF, and (ii) the written agreement of any FUNDER purchaser or transferee to the assumption of all of Merchant’s obligations under this Agreement pursuant to documentation satisfactory to FUNDERGCF; or (e) Merchant takes any action, fails to take any action, or offers any incentive—incentive economic or otherwise-the result of which will be to induce any customer or customers to pay for Merchant’s services with any means other than payments, checks or deposits that are settled through Processor; (f) Merchant fails to provide FUNDER with copies of any documents related to Merchant’s card processing activity of financial and banking affairs within five days after a request from FUNDER, or (g) Merchant breaches any terms of this Agreement, including but not limited any of the Events of Default contained in Section 3.1 herein. These protections are in addition to any other remedies available to FUNDER GCF at law, in equity or otherwise pursuant to this Agreement.

Appears in 1 contract

Samples: Future Receivables Agreement (SANUWAVE Health, Inc.)

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