Reconciliations. Any Merchant may contact XXXXX’s Reconciliation Department to request that CEDAR conduct a reconciliation in order to ensure that the amount that CEDAR has collected equals the Specified Percentage of Merchant(s)’s Receivables under this Agreement. A request for a reconciliation by any Merchant must be made by giving written notice of the request to CEDAR or by sending an e-mail to xxxxxxxxxxxxxxx@xxxxxxxxxxxx.xxx stating that a reconciliation is being requested. In order to effectuate the reconciliation, any Merchant must produce with its request any and all bank statements covering the period from the date of this Agreement through the date of the request for a reconciliation as well as Xxxxxxxx’s account reports showing transactions in the month to date, or other documents or reports available to Merchant for verification of its revenues, or, if available, the login and password for the Account. Once, notified of a request for reconciliation, XXXXX will instruct it’s ACH processor to pause ACH debits from Xxxxxxxx’s account until the reconciliation process is complete. XXXXX will complete each reconciliation requested by any Merchant within two business days after receipt of proper notice of a request for one accompanied by the information and documents required for it. CEDAR may also conduct a reconciliation on its own at any time by reviewing Merchant(s)’s Receivables covering the period from the date of this Agreement until the date of initiation of the reconciliation, each such reconciliation will be completed within two business days after its initiation, and CEDAR will give each Merchant written notice of the determination made based on the reconciliation within one business day after its completion. If a reconciliation determines that CEDAR collected more than it was entitled to, then CEDAR will credit to the Account all amounts to which CEDAR was not entitled and, if there is an Estimated Payment, decrease the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. If a reconciliation determines that CEDAR collected less than it was entitled to, then CEDAR will debit from the Account all additional amounts to which CEDAR was entitled and, if there is an Estimated Payment, increase the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. For the avoidance of doubt, in the event Merchant desires reconciliation it shall be Xxxxxxxx’s sole responsibility to initiate the reconciliation process in this Section 4. Nothing herein limits the amount of times that a reconciliation may be requested or conducted.
Appears in 3 contracts
Samples: Standard Merchant Cash Advance Agreement (Safe & Green Holdings Corp.), Standard Merchant Cash Advance Agreement (Safe & Green Holdings Corp.), Standard Merchant Cash Advance Agreement (Safe & Green Holdings Corp.)
Reconciliations. Any Merchant may contact XXXXXCCG’s Reconciliation Department to request that CEDAR CCG conduct a reconciliation in order to ensure that the amount that CEDAR CCG has collected equals the Specified Percentage of Merchant(s)’s Receivables under this Agreement. A request for a reconciliation by any Merchant must be made by giving written notice of the request to CEDAR CCG or by sending an e-mail to xxxxxxxxxxxxxxx@xxxxxxxxxxxx.xxx rxx@xxxxxxxxxxxxxxxxxxxx.xxx stating that a reconciliation is being requested. In order to effectuate the reconciliation, any Merchant must produce with its request any and all bank statements covering the period from the date of this Agreement through the date of the request for a reconciliation as well as Xxxxxxxx’s account reports showing transactions in the month to date, or other documents or reports available to Merchant for verification of its revenues, orand, if available, the login and password for the Account. Once, notified of a request for reconciliation, XXXXX will instruct it’s ACH processor to pause ACH debits from Xxxxxxxx’s account until the reconciliation process is complete. XXXXX CCG will complete each reconciliation requested by any Merchant within two business days after receipt of proper notice of a request for one accompanied by the information and documents required for it. CEDAR CCG may also conduct a reconciliation on its own at any time by reviewing Merchant(s)’s Receivables covering the period from the date of this Agreement until the date of initiation of the reconciliation, each such reconciliation will be completed within two business days after its initiation, and CEDAR CCG will give each Merchant written notice of the determination made based on the reconciliation within one business day after its completion. If a reconciliation determines that CEDAR CCG collected more than it was entitled to, then CEDAR CCG will credit to the Account all amounts to which CEDAR CCG was not entitled and, if there is an Estimated Payment, decrease the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. If a reconciliation determines that CEDAR CCG collected less than it was entitled to, then CEDAR CCG will debit from the Account all additional amounts to which CEDAR CCG was entitled and, if there is an Estimated Payment, increase the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. For the avoidance of doubt, in the event Merchant desires reconciliation it shall be Xxxxxxxx’s sole responsibility to initiate the reconciliation process in this Section 4. Nothing herein limits the amount of times that a reconciliation may be requested or conducted.
Appears in 2 contracts
Samples: Standard Merchant Cash Advance Agreement (First Person Ltd.), Standard Merchant Cash Advance Agreement (First Person Ltd.)
Reconciliations. Any Merchant may contact XXXXX’s Reconciliation Department to request that CEDAR conduct a reconciliation in order to ensure that the amount that CEDAR has collected equals the Specified Percentage of Merchant(s)’s Receivables under this Agreement. A request for a reconciliation by any Merchant must be made by giving written notice of the request to CEDAR or by sending an e-mail to xxxxxxxxxxxxxxx@xxxxxxxxxxxx.xxx stating that a reconciliation is being requested. In order to effectuate the reconciliation, any Merchant must produce with its request any and all bank statements covering the period from the date of this Agreement through the date of the request for a reconciliation as well as Xxxxxxxx’s account reports showing transactions in the month to date, or other documents or reports available to Merchant for verification of its revenues, oror , if available, the login and password for the Account. Once, notified of a request for reconciliation, XXXXX will instruct it’s ACH processor to pause ACH debits from Xxxxxxxx’s account until the reconciliation process is complete. XXXXX will complete each reconciliation requested by any Merchant within two business days after receipt of proper notice of a request for one accompanied by the information and documents required for it. CEDAR may also conduct a reconciliation on its own at any time by reviewing Merchant(s)’s Receivables covering the period from the date of this Agreement until the date of initiation of the reconciliation, each such reconciliation will be completed within two business days after its initiation, and CEDAR will give each Merchant written notice of the determination made based on the reconciliation within one business day after its completion. If a reconciliation determines that CEDAR collected more than it was entitled to, then CEDAR will credit to the Account all amounts to which CEDAR was not entitled and, if there is an Estimated Payment, decrease the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. If a reconciliation determines that CEDAR collected less than it was entitled to, then CEDAR will debit from the Account all additional amounts to which CEDAR was entitled and, if there is an Estimated Payment, increase the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. For the avoidance of doubt, in the event Merchant desires reconciliation it shall be Xxxxxxxx’s sole responsibility to initiate the reconciliation process in this Section 4. Nothing herein limits the amount of times that a reconciliation may be requested or conducted.
Appears in 2 contracts
Samples: Standard Merchant Cash Advance Agreement (La Rosa Holdings Corp.), Standard Merchant Cash Advance Agreement (Safe & Green Holdings Corp.)
Reconciliations. Any Merchant may contact XXXXXCXXXX’s Reconciliation Department to request that CEDAR conduct a reconciliation in order to ensure that the amount that CEDAR has collected equals the Specified Percentage of Merchant(s)’s Receivables under this Agreement. A request for a reconciliation by any Merchant must be made by giving written notice of the request to CEDAR or by sending an e-mail to xxxxxxxxxxxxxxx@xxxxxxxxxxxx.xxx rxxxxxxxxxxxxxx@xxxxxxxxxxxx.xxx stating that a reconciliation is being requested. In order to effectuate the reconciliation, any Merchant must produce with its request any and all bank statements covering the period from the date of this Agreement through the date of the request for a reconciliation as well as XxxxxxxxMxxxxxxx’s account reports showing transactions in the month to date, or other documents or reports available to Merchant for verification of its revenues, oror , if available, the login and password for the Account. Once, notified of a request for reconciliation, XXXXX CXXXX will instruct it’s ACH processor to pause ACH debits from XxxxxxxxMxxxxxxx’s account until the reconciliation process is complete. XXXXX CXXXX will complete each reconciliation requested by any Merchant within two business days after receipt of proper notice of a request for one accompanied by the information and documents required for it. CEDAR may also conduct a reconciliation on its own at any time by reviewing Merchant(s)’s Receivables covering the period from the date of this Agreement until the date of initiation of the reconciliation, each such reconciliation will be completed within two business days after its initiation, and CEDAR will give each Merchant written notice of the determination made based on the reconciliation within one business day after its completion. If a reconciliation determines that CEDAR collected more than it was entitled to, then CEDAR will credit to the Account all amounts to which CEDAR was not entitled and, if there is an Estimated Payment, decrease the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. If a reconciliation determines that CEDAR collected less than it was entitled to, then CEDAR will debit from the Account all additional amounts to which CEDAR was entitled and, if there is an Estimated Payment, increase the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. For the avoidance of doubt, in the event Merchant desires reconciliation it shall be XxxxxxxxMxxxxxxx’s sole responsibility to initiate the reconciliation process in this Section 4. Nothing herein limits the amount of times that a reconciliation may be requested or conducted.
Appears in 2 contracts
Samples: Standard Merchant Cash Advance Agreement (INVO Bioscience, Inc.), Merchant Cash Advance Agreement (INVO Bioscience, Inc.)
Reconciliations. Any Merchant may contact XXXXX’s Reconciliation Department to request that CEDAR conduct a reconciliation in order to ensure that the amount that CEDAR has collected equals the Specified Percentage of Merchant(s)’s Receivables under this Agreement. A request for a reconciliation by any Merchant must be made by giving written notice of the request to CEDAR or by sending an e-mail to xxxxxxxxxxxxxxx@xxxxxxxxxxxx.xxx ### stating that a reconciliation is being requested. In order to effectuate the reconciliation, any Merchant must produce with its request any and all bank statements covering the period from the date of this Agreement through the date of the request for a reconciliation as well as Xxxxxxxx’s account reports showing transactions in the month to date, or other documents or reports available to Merchant for verification of its revenues, oror , if available, the login and password for the Account. Once, notified of a request for reconciliation, XXXXX will instruct it’s ACH processor to pause ACH debits from Xxxxxxxx’s account until the reconciliation process is complete. XXXXX will complete each reconciliation requested by any Merchant within two business days after receipt of proper notice of a request for one accompanied by the information and documents required for it. CEDAR may also conduct a reconciliation on its own at any time by reviewing Merchant(s)’s Receivables covering the period from the date of this Agreement until the date of initiation of the reconciliation, each such reconciliation will be completed within two business days after its initiation, and CEDAR will give each Merchant written notice of the determination made based on the reconciliation within one business day after its completion. If a reconciliation determines that CEDAR collected more than it was entitled to, then CEDAR will credit to the Account all amounts to which CEDAR was not entitled and, if there is an Estimated Payment, decrease the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. If a reconciliation determines that CEDAR collected less than it was entitled to, then CEDAR will debit from the Account all additional amounts to which CEDAR was entitled and, if there is an Estimated Payment, increase the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. For the avoidance of doubt, in the event Merchant desires reconciliation it shall be Xxxxxxxx’s sole responsibility to initiate the reconciliation process in this Section 4. Nothing herein limits the amount of times that a reconciliation may be requested or conducted.
Appears in 2 contracts
Samples: Standard Merchant Cash Advance Agreement (Edible Garden AG Inc), Standard Merchant Cash Advance Agreement (Edible Garden AG Inc)
Reconciliations. Any Merchant may contact XXXXXWAVE’s Reconciliation Department to request that CEDAR WAVE conduct a reconciliation in order to ensure that the amount that CEDAR WAVE has collected equals the Specified Percentage of Merchant(s)’s Receivables under this Agreement. A request for a reconciliation by any Merchant must be made by giving written notice of the request to CEDAR WAVE or by sending an e-mail to xxxxxxxxxxxxxxx@xxxxxxxxxxxx.xxx xxxxx@xxxxxxxxxxxxxx.xxx stating that a reconciliation is being requested. In order to effectuate the reconciliation, any Merchant must produce with its request any and all bank statements covering the period from the date of this Agreement through the date of the request for a reconciliation as well as Xxxxxxxx’s account reports showing transactions in the month to date, or other documents or reports available to Merchant for verification of its revenues, orand, if available, the login and password for the Account. Once, notified of a request for reconciliation, XXXXX will instruct it’s ACH processor to pause ACH debits from Xxxxxxxx’s account until the reconciliation process is complete. XXXXX WAVE will complete each reconciliation requested by any Merchant within two business days after receipt of proper notice of a request for one accompanied by the information and documents required for it. CEDAR WAVE may also conduct a reconciliation on its own at any time by reviewing Merchant(s)’s Receivables covering the period from the date of this Agreement until the date of initiation of the reconciliation, each such reconciliation will be completed within two business days after its initiation, and CEDAR WAVE will give each Merchant written notice of the determination made based on the reconciliation within one business day after its completion. If a reconciliation determines that CEDAR WAVE collected more than it was entitled to, then CEDAR WAVE will credit to the Account all amounts to which CEDAR WAVE was not entitled and, if there is an Estimated Payment, decrease the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. If a reconciliation determines that CEDAR WAVE collected less than it was entitled to, then CEDAR WAVE will debit from the Account all additional amounts to which CEDAR WAVE was entitled and, if there is an Estimated Payment, increase the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. For the avoidance of doubt, in the event Merchant desires reconciliation it shall be Xxxxxxxx’s sole responsibility to initiate the reconciliation process in this Section 4. Nothing herein limits the amount of times that a reconciliation may be requested or conducted.
Appears in 1 contract
Samples: Standard Merchant Cash Advance Agreement (PARTS iD, Inc.)
Reconciliations. Any Merchant may contact XXXXXALPINE’s Reconciliation Department to request that CEDAR ALPINE conduct a reconciliation in order to ensure that the amount that CEDAR ALPINE has collected equals the Specified Percentage of Merchant(s)’s Receivables under this Agreement. A request for a reconciliation by any Merchant must be made by giving written notice of the request to CEDAR ALPINE or by sending an e-mail to xxxxxxxxxxxxxxx@xxxxxxxxxxxx.xxx Xxx@Xxxxxxxxxxxxx.xxx stating that a reconciliation is being requested. In order to effectuate the reconciliation, any Merchant must produce with its request any and all bank statements covering the period from the date of this Agreement through the date of the request for a reconciliation as well as Xxxxxxxx’s account reports showing transactions in the month to date, or other documents or reports available to Merchant for verification of its revenues, orand, if available, the I have read and agree to the terms and conditions set forth above: _ _ Name: Title: Date: _ 2/8/2023 _ login and password for the Account. Once, notified of a request for reconciliation, XXXXX will instruct it’s ACH processor to pause ACH debits from Xxxxxxxx’s account until the reconciliation process is complete. XXXXX ALPINE will complete each reconciliation requested by any Merchant within two business days after receipt of proper notice of a request for one accompanied by the information and documents required for it. CEDAR ALPINE may also conduct a reconciliation on its own at any time by reviewing Merchant(s)’s Receivables covering the period from the date of this Agreement until the date of initiation of the reconciliation, each such reconciliation will be completed within two business days after its initiation, and CEDAR ALPINE will give each Merchant written notice of the determination made based on the reconciliation within one business day after its completion. If a reconciliation determines that CEDAR ALPINE collected more than it was entitled to, then CEDAR ALPINE will credit to the Account all amounts to which CEDAR ALPINE was not entitled and, if there is an Estimated Payment, decrease the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. If a reconciliation determines that CEDAR ALPINE collected less than it was entitled to, then CEDAR ALPINE will debit from the Account all additional amounts to which CEDAR ALPINE was entitled and, if there is an Estimated Payment, increase the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. For the avoidance of doubt, in the event Merchant desires reconciliation it shall be Xxxxxxxx’s sole responsibility to initiate the reconciliation process in this Section 4. Nothing herein limits the amount of times that a reconciliation may be requested or conducted.
Appears in 1 contract
Reconciliations. Any Merchant may contact XXXXX’s Reconciliation Department to request that CEDAR conduct a reconciliation in order to ensure that the amount that CEDAR has collected equals the Specified Percentage of Merchant(s)’s Receivables under this Agreement. A request for a reconciliation by any Merchant must be made by giving written notice of the request to CEDAR or by sending an e-mail to xxxxxxxxxxxxxxx@xxxxxxxxxxxx.xxx ### stating that a reconciliation is being requested. In order to effectuate the reconciliation, any Merchant must produce with its request any and all bank statements covering the period from the date of this Agreement through the date of the request for a reconciliation as well as Xxxxxxxx’s account reports showing transactions in the month to date, or other documents or reports available to Merchant for verification of its revenues, oror , if available, the login and password for the Account. Once, notified of a request for reconciliation, XXXXX CEDAR will instruct it’s ACH processor to pause ACH debits from Xxxxxxxx’s account until the reconciliation process is complete. XXXXX will complete each reconciliation requested by any Merchant within two business days after receipt of proper notice of a request for one accompanied by the information and documents required for it. CEDAR may also conduct a reconciliation on its own at any time by reviewing Merchant(s)’s Receivables covering the period from the date of this Agreement until the date of initiation of the reconciliation, each such reconciliation will be completed within two business days after its initiation, and CEDAR will give each Merchant written notice of the determination made based on the reconciliation within one business day after its completion. If a reconciliation determines that CEDAR collected more than it was entitled to, then CEDAR will credit to the Account all amounts to which CEDAR was not entitled and, if there is an Estimated Payment, decrease the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. If a reconciliation determines that CEDAR collected less than it was entitled to, then CEDAR will debit from the Account all additional amounts to which CEDAR was entitled and, if there is an Estimated Payment, increase the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. For the avoidance of doubt, in the event Merchant desires reconciliation it shall be Xxxxxxxx’s sole responsibility to initiate the reconciliation process in this Section 4. Nothing herein limits the amount of times that a reconciliation may be requested or conducted.
Appears in 1 contract
Samples: Standard Merchant Cash Advance Agreement (Edible Garden AG Inc)
Reconciliations. Any Merchant may contact XXXXX’s Reconciliation Department to request that CEDAR conduct a reconciliation in order to ensure that the amount that CEDAR has collected equals the Specified Percentage of Merchant(s)’s Receivables under this Agreement. A request for a reconciliation by any Merchant must be made by giving written notice of the request to CEDAR or by sending an e-mail to xxxxxxxxxxxxxxx@xxxxxxxxxxxx.xxx stating that a reconciliation is being requested. In order to effectuate the reconciliation, any Merchant must produce with its request any and all bank statements covering the period from the date of this Agreement through the date of the request for a reconciliation as well as Xxxxxxxx’s account reports showing transactions in the month to date, or other documents or reports available to Merchant for verification of its revenues, oror , if available, the login and password for the Account. Once, notified of a request for reconciliation, XXXXX CEDAR will instruct it’s ACH processor to pause ACH debits from Xxxxxxxx’s account until the reconciliation process is complete. XXXXX will complete each reconciliation requested by any Merchant within two business days after receipt of proper notice of a request for one accompanied by the information and documents required for it. CEDAR may also conduct a reconciliation on its own at any time by reviewing Merchant(s)’s Receivables covering the period from the date of this Agreement until the date of initiation of the reconciliation, each such reconciliation will be completed within two business days after its initiation, and CEDAR will give each Merchant written notice of the determination made based on the reconciliation within one business day after its completion. If a reconciliation determines that CEDAR collected more than it was entitled to, then CEDAR will credit to the Account all amounts to which CEDAR was not entitled and, if there is an Estimated Payment, decrease the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. If a reconciliation determines that CEDAR collected less than it was entitled to, then CEDAR will debit from the Account all additional amounts to which CEDAR was entitled and, if there is an Estimated Payment, increase the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. For the avoidance of doubt, in the event Merchant desires reconciliation it shall be Xxxxxxxx’s sole responsibility to initiate the reconciliation process in this Section 4. Nothing herein limits the amount of times that a reconciliation may be requested or conducted.
Appears in 1 contract
Samples: Standard Merchant Cash Advance Agreement (La Rosa Holdings Corp.)
Reconciliations. Any Merchant may contact XXXXX’s Reconciliation Department to request that CEDAR conduct a reconciliation in order to ensure that the amount that CEDAR has collected equals the Specified Percentage of Merchant(s)’s Receivables under this Agreement. A request for a reconciliation by any Merchant must be made by giving written notice of the request to CEDAR or by sending an e-mail to xxxxxxxxxxxxxxx@xxxxxxxxxxxx.xxx stating that a reconciliation is being requested. In order to effectuate the reconciliation, any Merchant must produce with its request any /s/ XXXXXXXXXXX X XXXXXXX Name: Xxxxxxxxxxx X Xxxxxxx Title: Date: 9/29/2023 Page 3 of 16 and all bank statements covering the period from the date of this Agreement through the date of the request for a reconciliation as well as Xxxxxxxx’s account reports showing transactions in the month to date, or other documents or reports available to Merchant for verification of its revenues, oror , if available, the login and password for the Account. Once, notified of a request for reconciliation, XXXXX will instruct it’s ACH processor to pause ACH debits from Xxxxxxxx’s account until the reconciliation process is complete. XXXXX will complete each reconciliation requested by any Merchant within two business days after receipt of proper notice of a request for one accompanied by the information and documents required for it. CEDAR may also conduct a reconciliation on its own at any time by reviewing Merchant(s)’s Receivables covering the period from the date of this Agreement until the date of initiation of the reconciliation, each such reconciliation will be completed within two business days after its initiation, and CEDAR will give each Merchant written notice of the determination made based on the reconciliation within one business day after its completion. If a reconciliation determines that CEDAR collected more than it was entitled to, then CEDAR will credit to the Account all amounts to which CEDAR was not entitled and, if there is an Estimated Payment, decrease the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. If a reconciliation determines that CEDAR collected less than it was entitled to, then CEDAR will debit from the Account all additional amounts to which CEDAR was entitled and, if there is an Estimated Payment, increase the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. For the avoidance of doubt, in the event Merchant desires reconciliation it shall be Xxxxxxxx’s sole responsibility to initiate the reconciliation process in this Section 4. Nothing herein limits the amount of times that a reconciliation may be requested or conducted.
Appears in 1 contract
Samples: Standard Merchant Cash Advance Agreement (Alpine 4 Holdings, Inc.)
Reconciliations. Any Merchant may contact XXXXXKYF’s Reconciliation Department to request that CEDAR KYF conduct a reconciliation in order to ensure that the amount that CEDAR KYF has collected equals the Specified Percentage of Merchant(s)’s Receivables under this Agreement. A request for a reconciliation by any Merchant must be made by giving written notice of the request to CEDAR KYF or by sending an e-mail to xxxxxxxxxxxxxxx@xxxxxxxxxxxx.xxx XXX@xxxxxxxxxxxxxxxxx.xxx stating that a reconciliation is being requested. In order to effectuate the reconciliation, any Merchant must produce with its request any and all bank statements covering the period from the date of this Agreement through the date of the request for a reconciliation as well as Xxxxxxxx’s account reports showing transactions in the month to date, or other documents or reports available to Merchant for verification of its revenues, orand, if available, the login and password for the Account. Once, notified of a request for reconciliation, XXXXX will instruct it’s ACH processor to pause ACH debits from Xxxxxxxx’s account until the reconciliation process is complete. XXXXX KYF will complete each reconciliation requested by any Merchant within two business days after receipt of proper notice of a request for one accompanied by the information and documents required for it. CEDAR KYF may also conduct a reconciliation on its own at any time by reviewing Merchant(s)’s Receivables covering the period from the date of this Agreement until the date of initiation of the reconciliation, each such reconciliation will be completed within two business days after its initiation, and CEDAR KYF will give each Merchant written notice of the determination made based on the reconciliation within one business day after its completion. If a reconciliation determines that CEDAR KYF collected more than it was entitled to, then CEDAR KYF will credit to the Account all amounts to which CEDAR KYF was not entitled and, if there is an Estimated Payment, decrease the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. If a reconciliation determines that CEDAR KYF collected less than it was entitled to, then CEDAR KYF will debit from the Account all additional amounts to which CEDAR KYF was entitled and, if there is an Estimated Payment, increase the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. For the avoidance of doubt, in the event Merchant desires reconciliation it shall be Xxxxxxxx’s sole responsibility to initiate the reconciliation process in this Section 4. Nothing herein limits the amount of times that a reconciliation may be requested or conducted.. Name: XXXXX XXX XXXXX Title: OWNER Date: 3/28/2023
Appears in 1 contract
Samples: Merchant Cash Advance Agreement (Wolf Energy Services Inc.)
Reconciliations. Any Merchant may contact XXXXXMFG’s Reconciliation Department to request that CEDAR MFG conduct a reconciliation in order to ensure that the amount that CEDAR MFG has collected equals the Specified /s/ Xxxxxxxxxxx Xxxxxxx Name and Title: XXXXXXXXXXX XXXX XXXXXXX, CFO Date: 11/08/2023 Percentage of Merchant(s)’s Receivables under this Agreement. A request for a reconciliation by any Merchant must be made by giving written notice of the request to CEDAR MFG or by sending an e-mail to xxxxxxxxxxxxxxx@xxxxxxxxxxxx.xxx xxxx@xxxxxxxxxxxx.xxx stating that a reconciliation is being requested. In order to effectuate the reconciliation, any Merchant must produce with its request any and all bank statements covering the period from the date of this Agreement through the date of the request for a reconciliation as well as Xxxxxxxx’s account reports showing transactions in the month to date, or other documents or reports available to Merchant for verification of its revenues, orand, if available, the login and password for the Account. Once, notified of a request for reconciliation, XXXXX will instruct it’s ACH processor to pause ACH debits from Xxxxxxxx’s account until the reconciliation process is complete. XXXXX MFG will complete each reconciliation requested by any Merchant within two business days after receipt of proper notice of a request for one accompanied by the information and documents required for it. CEDAR MFG may also conduct a reconciliation on its own at any time by reviewing Merchant(s)’s Receivables covering the period from the date of this Agreement until the date of initiation of the reconciliation, each such reconciliation will be completed within two business days after its initiation, and CEDAR MFG will give each Merchant written notice of the determination made based on the reconciliation within one business day after its completion. If a reconciliation determines that CEDAR MFG collected more than it was entitled to, then CEDAR MFG will credit to the Account all amounts to which CEDAR MFG was not entitled and, if there is an Estimated Payment, decrease the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. If a reconciliation determines that CEDAR MFG collected less than it was entitled to, then CEDAR MFG will debit from the Account all additional amounts to which CEDAR MFG was entitled and, if there is an Estimated Payment, increase the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. For the avoidance of doubt, in the event Merchant desires reconciliation it shall be Xxxxxxxx’s sole responsibility to initiate the reconciliation process in this Section 4. Nothing herein limits the amount of times that a reconciliation may be requested or conducted.
Appears in 1 contract
Samples: Standard Merchant Cash Advance Agreement (Alpine 4 Holdings, Inc.)
Reconciliations. Any Merchant may contact XXXXX’s Reconciliation Department to request that CEDAR conduct a reconciliation in order to ensure that the amount that CEDAR has collected equals the Specified Percentage of Merchant(s)’s Receivables under this Agreement. A request for a reconciliation by any Merchant must be made by giving written notice of the request to CEDAR or by sending an e-mail to xxxxxxxxxxxxxxx@xxxxxxxxxxxx.xxx stating that a reconciliation is being requested. In order to effectuate the reconciliation, any Merchant must produce with its request any and all bank statements covering the period from the date of this Agreement through the date of the request for a reconciliation as well as Xxxxxxxx’s account reports showing transactions in the month to date, or other documents or reports available to Merchant for verification of its revenues, oror , if available, the login and password for the Account. Once, notified of a request for reconciliation, XXXXX will instruct it’s ACH processor to pause ACH debits from Xxxxxxxx’s account until the reconciliation process is complete. XXXXX will complete each reconciliation requested by any Merchant within two business days after receipt of proper notice of a request for one accompanied by the information and documents required for it. CEDAR may also conduct a reconciliation on its own at any time by reviewing Merchant(s)’s Receivables covering the period from the date of this Agreement until the date of initiation of the reconciliation, each such reconciliation will be completed within two business days after its initiation, and CEDAR will give each Merchant written notice of the determination made based on the reconciliation within one business day after its completion. If a reconciliation determines that CEDAR collected more than it was entitled to, then CEDAR will credit to the Account all amounts to which CEDAR was not entitled and, if there is an Estimated Payment, decrease the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. If a reconciliation determines that CEDAR collected less than it was entitled to, then CEDAR will debit from the Account all additional amounts to which CEDAR was entitled and, if there is an Estimated Payment, increase the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. For the avoidance of doubt, in the event Merchant desires reconciliation it shall be Xxxxxxxx’s sole responsibility to initiate the reconciliation process in this Section 4. Nothing herein limits the amount of times that a reconciliation may be requested or conducted.. Name: Xxxxxx Xx Xxxx Title: Date: 07/03/2023
Appears in 1 contract
Samples: Standard Merchant Cash Advance Agreement (La Rosa Holdings Corp.)
Reconciliations. Any Merchant may contact XXXXX’s Reconciliation Department The following provisions shall apply to request that CEDAR conduct a the calculation and reconciliation in order to ensure that the amount that CEDAR has collected equals the Specified Percentage of Merchant(s)’s Receivables payments of Services Fees made under this Agreement.
5.6.1 The Parties shall, at the times set forth in this Section, reconcile all payments of Services Fees and applications of Fee Adjustments contemplated by this Agreement, as well as amounts from which such payments and adjustments are derived, including Client Net Tuition and Fees Revenue, Operating Costs, Per Capita Operating Costs, and Direct Cost Charges (“Reconciliations”). Reconciliations shall take into account payments made and adjustments provided, if any, based on Reconciliations performed for prior applicable periods of the same Contract Period. A request for statement reflecting the results of each Reconciliation (a “Reconciliation Statement”) shall be prepared and agreed to by the Parties as provided in this Section, detailing the discrepancies between the amounts received by, and amounts owed to, a Party, and any resulting payment obligation of either Party, pursuant to this Section, during the applicable period to which such Reconciliation Statement relates. Quarterly and Year-End Reconciliations shall be based on the applicable financial books and records of the Parties maintained as required by this Agreement, and the Year-End Reconciliation shall be prepared based on Client’s Audited Financial Statements. Any disputes regarding quarterly and Year-End Reconciliations will be resolved pursuant to Section 5.7.2 and Section 5.7.3 below.
(a) On a quarterly basis, Client shall prepare and submit to Provider a reconciliation by any Merchant must be made by giving written notice of the request Services Fees paid to CEDAR Provider to determine whether, and to what extent, Provider may have received Services Fees in an amount in excess of, or less than, the amount which it should have been paid in accordance with the terms of this Agreement based on the actual Client Net Tuition and Fees Revenue, the Priority Cost Amount, and Direct Cost Charges for such quarterly period (in the case of the Stub Period, such reconciliation shall be prepared and submitted by sending an e-mail Client to xxxxxxxxxxxxxxx@xxxxxxxxxxxx.xxx stating that a reconciliation is being requested. In order to effectuate Provider following the reconciliation, any Merchant must produce with its request any first full calendar quarter of such Stub Period and all bank statements covering shall cover the period from the date of this Agreement Effective Date through the date end of such calendar quarter). Except with respect to the request for a reconciliation as well as Xxxxxxxx’s account reports showing transactions in the month to date, or other documents or reports available to Merchant for verification last calendar quarter of its revenues, or, if availableeach Contract Period (which is covered by Section 5.6.1(b) below), the login and password for the Account. Once, notified of a request for reconciliation, XXXXX will instruct it’s ACH processor to pause ACH debits from Xxxxxxxx’s account until the reconciliation process is complete. XXXXX will complete each reconciliation requested by any Merchant within two business days after receipt of proper notice of a request for one accompanied by the information and documents required for it. CEDAR may also conduct a reconciliation on its own at any time by reviewing Merchant(s)’s Receivables covering the period from the date of this Agreement until the date of initiation of the reconciliation, each such reconciliation will quarterly Reconciliation shall be completed within two business thirty (30) days after its initiation, and CEDAR will give immediately following the end of each Merchant written notice of calendar quarter during the determination made based Term. Based on the reconciliation within one business day after its completionquarterly Reconciliation, the Parties shall re-calculate the Services Fees paid to Provider during the immediately preceding quarter and determine whether Provider received excess Services Fees or whether Provider received an underpayment of Services Fees for such quarter. If For any excess Services Fees paid to Provider for such prior quarter, Provider shall reflect such amount as a reconciliation determines that CEDAR collected more than it was entitled to, then CEDAR will credit to the Account all amounts to which CEDAR was not entitled and, if there is an Estimated Payment, decrease downward adjustment in the amount of the Estimated Payment so that it is Services Fees due and payable by Client upon receipt of the next invoice delivered to Client under Section 5.4.2. For any underpayment of Services Fees paid to Provider for such prior quarter, Provider shall add such amount to the Services Fees due and payable by Client upon receipt of the next invoice delivered to Client under Section 5.4.2.
(b) Client shall complete an independent audit, and shall cause to be prepared and approved Client’s Audited Financial Statements, within ninety (90) days immediately following the end of the Stub Period and each Fiscal Year thereafter. Within ten (10) days immediately following Client’s approval of the Audited Financial Statements, Client shall prepare and submit to Provider, based upon and consistent with Client’s Audited Financial Statements, (i) a Reconciliation of Services Fees for the Specified Percentage calendar quarter just-ended to make the same determination described in Section 5.6.1(a) above, and (ii) a Reconciliation for the full Contract Period based on the Contract Period end numbers reflecting, for such Contract Period (or portion thereof), all Client Net Tuition and Fees Revenue earned, all Operating Costs and Direct Cost Charges, any applicable refunds of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. If a reconciliation determines that CEDAR collected less than it was entitled to, then CEDAR will debit from the Account all additional amounts to which CEDAR was entitled and, if there is an Estimated Payment, increase Direct Cost Charges due under Section 2.15.5 (together with specific documentation supporting the amount of any such refund claim), and such other information as the Estimated Payment so Parties require in order to determine if Provider received the accurate amount of Services Fees due it for such Contract Period pursuant to the terms of this Agreement and if Client received at least the applicable Minimum Residual Amount due it for such Contract Period pursuant to the terms of this Agreement (the “Year-End Reconciliation”). Based on the Year-End Reconciliation, the Parties shall effect a “true-up” of all payments made pursuant to this Section 5 for the Contract Period just-ended in order to assure that Provider received the correct amount of Services Fees for such Contract Period to which it is consistent with entitled under the Specified Percentage Agreement and that Client received at least the applicable Minimum Residual Amount for such Contract Period to which it is entitled under the Agreement. Subject to Section 5.7.3 below, any payments made by Client to Provider, or by Provider to Client, pursuant to the foregoing (the Party required to make any such “true up” payment as a result of Merchant(s)’s Receivables from such Year-End Reconciliation or following the dispute resolution process under Section 5.7.3 below being referred to as the “Paying Party”) shall be made within fifteen (15) days’ following the date of upon which the Agreement through the date of the reconciliation. For the avoidance of doubt, in the event Merchant desires reconciliation it shall be Xxxxxxxx’s sole responsibility Year-End Reconciliation is completed and delivered to initiate the reconciliation process in this Section 4. Nothing herein limits the amount of times that a reconciliation may be requested or conductedProvider as provided above.
Appears in 1 contract
Reconciliations. Any Merchant may contact XXXXXALPINE’s Reconciliation Department to request that CEDAR ALPINE conduct a reconciliation in order to ensure that the amount that CEDAR ALPINE has collected equals the Specified Percentage of Merchant(s)’s Receivables under this Agreement. A request for a reconciliation by any Merchant must be made by giving written notice of the request to CEDAR ALPINE or by sending an e-mail to xxxxxxxxxxxxxxx@xxxxxxxxxxxx.xxx Xxx@Xxxxxxxxxxxxx.xxx stating that a reconciliation is being requested. In order to effectuate the reconciliation, any Merchant must produce with its request any and all bank statements covering the period from the date of this Agreement through the date of the request for a reconciliation as well as Xxxxxxxx’s account reports showing transactions in the month to date, or other documents or reports available to Merchant for verification of its revenues, orand, if available, the login and password for the Account. Once, notified of a request for reconciliation, XXXXX will instruct it’s ACH processor to pause ACH debits from Xxxxxxxx’s account until the reconciliation process is complete. XXXXX ALPINE will complete each reconciliation requested by any Merchant within two business days after receipt of proper notice of a request for one accompanied by the information and documents required for it. CEDAR ALPINE may also conduct a reconciliation on its own at any time by reviewing Merchant(s)’s Receivables covering the period from the date of this Agreement until the date of initiation of the reconciliation, each such reconciliation will be completed within two business days after its initiation, and CEDAR ALPINE will give each Merchant written notice of the determination made based on the reconciliation within one business day after its completion. If a reconciliation determines that CEDAR ALPINE collected more than it was entitled to, then CEDAR ALPINE will credit to the Account all amounts to which CEDAR ALPINE was not entitled and, if there is an Estimated Payment, decrease the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. If a reconciliation determines that CEDAR ALPINE collected less than it was entitled to, then CEDAR ALPINE will debit from the Account all additional amounts to which CEDAR ALPINE was entitled and, if there is an Estimated Payment, increase the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. For the avoidance of doubt, in the event Merchant desires reconciliation it shall be Xxxxxxxx’s sole responsibility to initiate the reconciliation process in this Section 4. Nothing herein limits the amount of times that a reconciliation may be requested or conducted.
Appears in 1 contract
Reconciliations. Any Merchant may contact XXXXX’s CURVE’S Reconciliation Department to request that CEDAR CURVE conduct a reconciliation in order to ensure that the amount that CEDAR CURVE has collected equals the Specified Percentage of Merchant(s)’s Receivables under this Agreement. A request for a reconciliation by any Merchant must be made by giving written notice of the request to CEDAR CURVE or by sending an e-mail to xxxxxxxxxxxxxxx@xxxxxxxxxxxx.xxx rxxxxxxxxxxxxxx@xxxxxxxxxxxxxxx.xxx stating that a reconciliation is being requested. In order to effectuate the reconciliation, any Merchant must produce with its request any and all bank statements covering the period from the date of this Agreement through the date of the request for a reconciliation as well as XxxxxxxxMxxxxxxx’s account reports showing transactions in the month to date, or other documents or reports available to Merchant for verification of its revenues, or, if available, the login and password for the Account. Once, notified of a request for reconciliation, XXXXX CURVE will instruct it’s ACH processor to pause ACH debits from XxxxxxxxMxxxxxxx’s account until the reconciliation process is complete. XXXXX CURVE will complete each reconciliation requested by any Merchant within two business days after receipt of proper notice of a request for one accompanied by the information and documents required for it. CEDAR CURVE may also conduct a reconciliation on its own at any time by reviewing Merchant(s)’s Receivables covering the period from the date of this Agreement until the date of initiation of the reconciliation, each such reconciliation will be completed within two business days after its initiation, and CEDAR CURVE will give each Merchant written notice of the determination made based on the reconciliation within one business day after its completion. If a reconciliation determines that CEDAR CURVE collected more than it was entitled to, then CEDAR CURVE will credit to the Account all amounts to which CEDAR CURVE was not entitled and, if there is an Estimated Payment, decrease the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. If a reconciliation determines that CEDAR CURVE collected less than it was entitled to, then CEDAR CURVE will debit from the Account all additional amounts to which CEDAR CURVE was entitled and, if there is an Estimated Payment, increase the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. For the avoidance of doubt, in the event Merchant desires reconciliation it shall be XxxxxxxxMxxxxxxx’s sole responsibility to initiate the reconciliation process in this Section 4. Nothing herein limits the amount of times that a reconciliation may be requested or conducted.
Appears in 1 contract
Samples: Standard Merchant Cash Advance Agreement (First Person Ltd.)
Reconciliations. Any Merchant may contact XXXXX’s BCA’S Reconciliation Department to request that CEDAR BCA conduct a reconciliation in order to ensure that the amount that CEDAR BCA has collected equals the Specified Percentage of Merchant(s)’s Receivables under this Agreement. A request for a reconciliation by any Merchant must be made by giving written notice of the request to CEDAR BCA or by sending an e-mail to xxxxxxxxxxxxxxx@xxxxxxxxxxxx.xxx xxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx stating that a reconciliation is being requested. In order to effectuate the reconciliation, any Merchant must produce with its request any and all bank statements covering the period from the date of this Agreement through the date of the request for a reconciliation as well as Xxxxxxxx’s account reports showing transactions in the month to date, or other documents or reports available to Merchant for verification of its revenues, orand, if available, the login and password for the Account. Once, notified of a request for reconciliation, XXXXX will instruct it’s ACH processor to pause ACH debits from Xxxxxxxx’s account until the reconciliation process is complete. XXXXX BCA will complete each reconciliation requested by any Merchant within two business days after receipt of proper notice of a request for one accompanied by the information and documents required for it. CEDAR BCA may also conduct a reconciliation on its own at any time by reviewing Merchant(s)’s Receivables covering the period from the date of this Agreement until the date of initiation of the reconciliation, each such reconciliation will be completed within two business days after its initiation, and CEDAR BCA will give each Merchant written notice of the determination made based on the reconciliation within one business day after its completion. If a reconciliation determines that CEDAR BCA collected more than it was entitled to, then CEDAR BCA will credit to the Account all amounts to which CEDAR BCA was not entitled and, if there is an Estimated Payment, decrease the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. If a reconciliation determines that CEDAR BCA collected less than it was entitled to, then CEDAR BCA will debit from the Account all additional amounts to which CEDAR BCA was entitled and, if there is an Estimated Payment, increase the amount of the Estimated Payment so that it is consistent with the Specified Percentage of Merchant(s)’s Receivables from the date of the Agreement through the date of the reconciliation. For the avoidance of doubt, in the event Merchant desires reconciliation it shall be Xxxxxxxx’s sole responsibility to initiate the reconciliation process in this Section 4. Nothing herein limits the amount of times that a reconciliation may be requested or conducted.
Appears in 1 contract
Samples: Standard Merchant Cash Advance Agreement (Safe & Green Holdings Corp.)