Qualified Account. Qualified Account" means an Account of Borrower generated in the ordinary course of Borrower's business from the sale of goods or rendition of Medical Services which Lender, in its sole credit judgment, deems to be a Qualified Account. Without limiting the generality of the foregoing, no Account shall be a Qualified Account if: (a) the Account or any portion of the Account is payable by an individual beneficiary, recipient or subscriber individually and not directly to Borrower by a Medicaid/Medicare Account Debtor or commercial medical insurance carrier acceptable to Lender in its sole discretion; (b) the Account remains unpaid more than one hundred twenty (120) days past the claim or invoice date (but in no event more than one hundred thirty-five (135) days after the applicable Medical Services have been rendered); (c) the Account is subject to any defense, set-off, counterclaim, deduction, discount, credit, chargeback, freight claim, allowance, or adjustment of any kind; (d) any part of any goods the sale of which has given rise to the Account has been returned, rejected, lost, or damaged; (e) if the Account arises from the sale of goods by Borrower, the sale was not an absolute sale, or the sale was made on consignment or on approval or on a sale-or-return basis, or the sale was made subject to any other repurchase or return agreement, or the goods have not been shipped to the Account Debtor or its designee; (f) if the Account arises from the performance of services, the services have not been actually been performed or the services were undertaken in violation of any law; (g) the Account is subject to a lien other than a Permitted Lien; (h) Borrower knows or should have known of the bankruptcy, receivership, reorganization, or insolvency of the Account Debtor; (i) the Account is evidenced by chattel paper or an instrument of any kind, or has been reduced to judgment; (j) the Account is an Account of an Account Debtor having its principal place of business or executive office outside the United States; (k) the Account Debtor is an Affiliate or Subsidiary of Borrower; (l) more than ten percent (10%) of the aggregate balance of all Accounts owing from the Account Debtor obligated on the Account are outstanding more than one hundred fifty (150) days past their invoice date; (m) fifty percent (50%) or more of the aggregate unpaid Accounts from any single Account Debtor are not deemed Qualified Accounts under this Agreement; (n) the total unpaid Accounts of...
Qualified Account. An Account listed under the Qualified Accounts provision which receives favorable tax treatment under the Code.
Qualified Account. Any Account of the Borrower which the Agent, in its sole discretion exercised in good faith, determines to have met all of the following minimum requirements:
Qualified Account. An Account maintained pursuant to:
Qualified Account. A Qualified Account means at any time, an account of the Borrower which met all of the following requirements at the time it first came into existence and which continues to meet the same until collected in full:
Qualified Account any investment or other non-operating account of a Borrower maintained by the Lender and subject to a Deposit Account Control Agreement in favor of Lender providing for sole control of the disposition of the amounts held in such account, without regard to whether a Dominion Trigger Period is in effect. 20
Qualified Account. “Qualified Account” means an Account of Borrower generated in the ordinary course of Borrower’s business from the rendition of Healthcare Services pursuant to a Customer Contract which Lender, in its reasonable credit judgment, deems to be a Qualified Account. Without limiting the generality of the foregoing, no Account shall be a Qualified Account if: (a) the Account or any portion of the Account is payable by an individual beneficiary, recipient or subscriber individually and not directly to Borrower by an Account Debtor acceptable to Lender in its reasonable discretion; (b) the Account remains unpaid more than one hundred fifty (150) calendar days past the claim or invoice date (but in no event more than one hundred and sixty-five (165) calendar days after the applicable Healthcare Services have been rendered); (c) such part of the Account as is subject to any defense, set-off, counterclaim, deduction, discount, credit, chargeback, freight claim, allowance, or adjustment of any kind; (d) any part of any goods the sale of which has given rise to the Account has been returned, rejected, lost, or damaged; (e) if the Account arises from the sale of goods by Borrower, the sale was not an absolute sale, or the sale was made on consignment or
Qualified Account. Qualified Account" means an Account of Borrower generated in the ordinary course of Borrower's business from rendition of Services by Borrower to pharmaceutical companies and clinical research organizations which Lender, in its sole credit judgment, deems to be a Qualified Account. Without limiting the generality of the foregoing, no Account shall be a Qualified Account if: (a) the Account remains unpaid more than ninety (90) days after the event which triggers the milestone payment under the contract pursuant to which the applicable Services were rendered; (b) the Account is subject to any defense, set-off, counterclaim, deduction, discount, credit, chargeback, freight claim, allowance, or adjustment of any kind; (c) the Services giving rise to the Account have not actually been performed or were undertaken in violation of any law; (d) the Account is subject to a lien other than a Permitted Lien; (e) Borrower knows or should have known of the bankruptcy, receivership, reorganization, or insolvency of the Account Debtor; (f) the Account is evidenced by Chattel Paper or an Instrument of any kind, or has been reduced to judgment; (g) the Account is an Account of an Account Debtor having its principal place of business or executive office outside the United
Qualified Account any investment or other non-operating account of a Borrower maintained by the Lender and subject to a Deposit Account Control Agreement in favor of Lender providing for sole control of the disposition of the amounts held in such account, without regard to whether a Dominion Trigger Period is in effect. Qualified ECP: an Obligor with total assets exceeding $10,000,000, or that constitutes an “eligible contract participant” under the Commodity Exchange Act and can cause another Person to qualify as an “eligible contract participant” under Section 1a(18)(A)(v)(II) of such act.
Qualified Account. The Lenders hereby waive the occurrence and continuance of the Event of Default for the Borrowers' failure to comply with Section 6.10 of the Credit Agreement, provided that the Company shall, by no later than July 31, 2002, take all actions necessary to be in full compliance with such Section 6.10.