Common use of Representations Relating to Accounts Clause in Contracts

Representations Relating to Accounts. Borrower represents and warrants to PFG as follows: Each Account with respect to which Loans are requested by Borrower shall, on the date each Loan is requested and made, (i) represent an undisputed bona fide existing unconditional obligation of the Account Debtor created by the sale, delivery, and acceptance of goods or the rendition of services, or the licensing of Intellectual Property, in the ordinary course of Borrower’s business, and (ii) meet the Minimum Eligibility Requirements set forth in Section 8 below.

Appears in 2 contracts

Samples: Loan and Security Agreement (Bioject Medical Technologies Inc), Loan and Security Agreement (Bioject Medical Technologies Inc)

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Representations Relating to Accounts. Borrower represents and warrants to PFG as follows: Each Account with respect to which Loans are requested by Borrower shall, on the date each Loan is requested and made, (i) represent an undisputed bona fide existing unconditional obligation of the Account Debtor created by the sale, delivery, and acceptance of goods or the rendition of services, or the non-exclusive licensing of Intellectual Property, in the ordinary course of Borrower’s 's business, and (ii) meet the Minimum Eligibility Requirements set forth in Section 8 belowsubject to any such Account Debtor’s right to return goods that are defective.

Appears in 1 contract

Samples: Loan and Security Agreement (North American Scientific Inc)

Representations Relating to Accounts. Borrower represents and warrants to PFG as follows: Each Account with respect reflected from time to which Loans are requested by Borrower time in Reports provided to PFG under Section 6 of the Schedule or otherwise represented in Borrower’s Financial Statements shall, on as of the date each Loan is requested of such Reports and madeFinancial Statements, (i) represent an undisputed bona fide existing unconditional obligation of the Account Debtor created by the sale, delivery, and acceptance of goods or the rendition of services, or the non-exclusive licensing of Intellectual Property, in the ordinary course of Borrower’s business, and (ii) meet the Minimum Eligibility Requirements set forth in Section 8 below.

Appears in 1 contract

Samples: Loan and Security Agreement (Mattersight Corp)

Representations Relating to Accounts. Borrower represents and warrants to PFG as follows: Each Account with respect to which Facility A Loans are requested by Borrower shall, on the date each such Loan is requested and made, (i) represent an undisputed bona fide existing unconditional un-conditional obligation of the Account Debtor created by the sale, delivery, and acceptance of goods or the rendition of services, or the non-exclusive licensing of Intellectual Property, in the ordinary course of Borrower’s 's business, and (ii) meet the Minimum Eligibility Requirements set forth in Section 8 7 below.

Appears in 1 contract

Samples: Loan and Security Agreement (Activecare, Inc.)

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Representations Relating to Accounts. Borrower represents and warrants to PFG as follows: Each Account with respect to which Loans are requested used by Borrower to determine its compliance with the financial covenant set forth in Section 5 of the Schedule shall, on the date each Loan is requested and made, (i) represent an undisputed bona fide existing unconditional obligation of the Account Debtor created by the sale, delivery, and acceptance of goods or the rendition of services, or the licensing of Intellectual Property, in the ordinary course of Borrower’s business, and (ii) meet the Minimum Eligibility Requirements set forth in Section 8 below.

Appears in 1 contract

Samples: Loan and Security Agreement (Bioject Medical Technologies Inc)

Representations Relating to Accounts. Borrower represents and warrants to PFG as follows: Each Account with respect to which Loans are requested by Borrower shall, on the date each Loan is requested and made, (i) represent an undisputed bona fide existing unconditional obligation of the Account Debtor created by the sale, delivery, and acceptance of goods or the rendition of services, or the non-exclusive licensing of Intellectual Property, in the ordinary course of Borrower’s 's business, and (ii) meet the Minimum Eligibility Requirements set forth in Section 8 below.

Appears in 1 contract

Samples: Loan and Security Agreement (St. Bernard Software, Inc.)

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