Common use of Request for Adjustment Procedure Clause in Contracts

Request for Adjustment Procedure. a. Xx shall be Mxxxxxxx’s sole responsibility and right to initiate the Adjustment by sending a request for Adjustment to Purchaser. b. A request for Adjustment (an “Adjustment Request”) shall be in writing, shall include copies of: (i) Merchant’s three (3) consecutive bank statements for the Approved Bank Account or Lockbox Account, as applicable, immediately preceding the date of Purchaser’s receipt of the Adjustment Request; (ii) Merchant’s three (3) consecutive payment card processing statements immediately preceding the date of Purchaser’s receipt of the Adjustment Request; and/or (iii) Merchant’s bank statements and payment card processing statements previously provided by Merchant to Purchaser when applying to sell Future Receipts to Purchaser, or when applying for the most recent Adjustment that was made, if applicable. The Adjustment Request shall be sent by email to Purchaser at cxxxxxxx.xxxxxxx@xxxxxxxxxxxxxxx.xxx within five (5) Business Days after the date that is the later of the last day for which activity is shown on the latest bank statement enclosed with the Adjustment Request and the last day for which activity is shown on the latest card processing statement enclosed with the Adjustment Request (time being of the essence). Any Adjustment Request received after this deadline will not be honored. c. Merchant may request Adjustment of the Weekly Delivery Amount as many times as it deems proper, and Purchaser shall comply with such Adjustment Requests, provided that: i. Each Adjustment Request is made in accordance with the requirements set forth in this Section 12; ix. Xx Adjustment Request may be made after Purchaser has received the Completion Amount; and iii. Unless Purchaser has received the Completion Amount, Purchaser is entitled to continue receiving weekly deliveries whether or not Merchant has made an Adjustment Request. Mxxxxxxx agrees not to take any action to interfere with weekly deliveries based on the pendency of an Adjustment Request.

Request for Adjustment Procedure. a. Xx It shall be MxxxxxxxSeller’s sole responsibility and the right to initiate the Adjustment by sending a request for Adjustment to PurchaserBuyer. b. A request for Adjustment (an “Adjustment Request”) shall be in writing, and shall include copies of: (i) Merchantof Seller’s last three (3) consecutive bank statements for of the Approved Bank Account or Lockbox Account, as applicable, immediately preceding the date of Purchaser’s receipt of the Adjustment Request; (ii) Merchant’s three (3) consecutive payment and credit card processing statements immediately preceding the date of PurchaserBuyer’s receipt of the Adjustment Request; and/or (iii) Merchant’s bank statements and payment card processing statements previously provided by Merchant to Purchaser when applying to sell Future Receipts to Purchaser, or when applying for the most recent Adjustment that was made, if applicable. The Adjustment Request shall must be sent received by Buyer by email to Purchaser at cxxxxxxx.xxxxxxx@xxxxxxxxxxxxxxx.xxx cxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, with the subject line “REQUEST FOR ADJUSTMENT” within five thirty (530) Business Days days after the date that is the later of (i) the last day for which activity is shown on of the latest bank statement enclosed with the Adjustment Request and (ii) the last day for which activity is shown on date of the latest credit card processing statement enclosed with the Adjustment Request (time being of the essence). Any Adjustment Request received after this deadline will not be honoredRequest. c. Merchant may Buyer’s receipt of a Seller’s Adjustment Request after the expiration of the above referenced thirty (30) day period nullifies and makes obsolete such Adjustment Request. d. Seller shall have the right to request Adjustment of the Weekly Delivery initial Remittance Amount (or any Adjusted Remittance Amount, as the case may be) as many times during the term of this Agreement as it deems proper, and Purchaser Buyer shall comply in good faith with such Adjustment Requestsrequest, provided that: i. Each such request for Adjustment Request is made in accordance with the requirements terms of this Section 13; and ii. No Adjustment shall be made after the Termination Date. e. Nothing set forth in Sections 12 or 13 of this Section 12; ix. Xx Adjustment Request may Agreement shall be made after Purchaser has received deemed to provide Seller with the Completion Amount; and iii. Unless Purchaser has received the Completion Amount, Purchaser is entitled right to continue receiving weekly deliveries whether or not Merchant has made an Adjustment Request. Mxxxxxxx agrees not to take any action to (i) interfere with weekly deliveries based on Buyer’s right and ability to debit the pendency Approved Bank Account while the request for Adjustment is pending or until the Purchased Amount is collected by Buyer in full or (ii) request Adjustment retroactively for the portion of the term of this Agreement preceding the date of an Adjustment Request.

Request for Adjustment Procedure. a. Xx It shall be MxxxxxxxMerchant’s sole responsibility and the right to initiate the Adjustment by sending a request for Adjustment to Purchaser. b. A request for Adjustment (an “Adjustment Request”) shall be in writing, shall include copies of: (i) Merchant’s three (3) consecutive bank statements for of the Approved Bank Account or Lockbox Account, as applicable, immediately preceding the date of Purchaser’s receipt of the Adjustment Request; (ii) Merchant’s three (3) consecutive payment and credit card processing statements immediately preceding the date of Purchaser’s receipt of the Adjustment Request; and/or , and (iiiii) Merchant’s bank statements and payment credit card processing statements previously provided by Merchant to Purchaser when applying based upon which statements the amount of Daily Delivery set forth in preamble to sell Future Receipts to Purchaserthis Agreement (or the then current Adjusted Daily Delivery, or when applying for as the most recent Adjustment that case may be) was madedetermined, if applicable. The Adjustment Request and shall be sent received by Purchaser by email to Purchaser at cxxxxxxx.xxxxxxx@xxxxxxxxxxxxxxx.xxx xxxxxxxx.xxxxxxx@xxxxxxxxxxxxxxx.xxx within five (5) Business Days after the date that is the later of the last day for which activity is shown on of the latest bank statement enclosed with the Adjustment Request and the last day for which activity is shown on date of the latest card processing statement enclosed with the Adjustment Request (time being of the essence). Any essence as to the last day of the period during which an Adjustment Request shall be received after this deadline will not be honoredby Purchaser). c. Purchaser’s receipt of a Merchant’s Adjustment Request after the expiration of the above referenced Five-Business-Day period nullifies and makes obsolete such Adjustment Request. d. Merchant may shall have the right to request Adjustment of the Weekly Daily Delivery Amount (or Adjusted Daily Delivery, as the case may be) as many times during the term of this Agreement as it deems seems proper, and Purchaser shall comply with such Adjustment Requestsrequest, provided that: i. Each such request for Adjustment Request is made in accordance with the requirements terms of this Section 12. ii. A request for Adjustment shall not be made after the expiration of the term of this Agreement. e. Nothing set forth in Sections 11 or 12 of this Section 12; ix. Xx Adjustment Request may Agreement shall be made after Purchaser has received deemed to provide Merchant with the Completion Amount; and iii. Unless Purchaser has received the Completion Amount, Purchaser is entitled to continue receiving weekly deliveries whether or not Merchant has made an Adjustment Request. Mxxxxxxx agrees not to take any action right to interfere with weekly deliveries based on Purchaser’s right and ability to debit the pendency Approved Bank Account while the request for Adjustment is pending or until the Sold Amount of an Adjustment RequestFuture Receipts is delivered to Purchaser in full.

Request for Adjustment Procedure. a. Xx shall be Mxxxxxxx’s 's sole responsibility and right to initiate the Adjustment by sending a request for Adjustment to Purchaser. b. A request for Adjustment (an “Adjustment Request”) shall be in writing, shall include copies of: (i) Merchant’s 's three (3) consecutive bank statements for the Approved Bank Account or Lockbox Account, as applicable, immediately preceding the date of Purchaser’s 's receipt of the Adjustment Request; (ii) Merchant’s 's three (3) consecutive payment card processing statements immediately preceding the date of Purchaser’s 's receipt of the Adjustment Request; and/or (iii) Merchant’s 's bank statements and payment card processing statements previously provided by Merchant to Purchaser when applying to sell Future Receipts to Purchaser, or when applying for the most recent Adjustment that was made, if applicable. The Adjustment Request shall be sent by email to Purchaser at cxxxxxxx.xxxxxxx@xxxxxxxxxxxxxxx.xxx within five (5) Business Days after the date that is the later of the last day for which activity is shown on the latest bank statement enclosed with the Adjustment Request and the last day for which activity is shown on the latest card processing statement enclosed with the Adjustment Request (time being of the essence). Any Adjustment Request received after this deadline will not be honored. c. Merchant may request Adjustment of the Weekly Delivery Amount as many times as it deems proper, and Purchaser shall comply with such Adjustment Requests, provided that: i. Each Adjustment Request is made in accordance with the requirements set forth in this Section 12; ix. Xx Adjustment Request may be made after Purchaser has received the Completion Amount; and iii. Unless Purchaser has received the Completion Amount, Purchaser is entitled to continue receiving weekly deliveries whether or not Merchant has made an Adjustment Request. Mxxxxxxx agrees not to take any action to interfere with weekly deliveries based on the pendency of an Adjustment Request.

Request for Adjustment Procedure. a. Xx It shall be MxxxxxxxMerchant’s sole responsibility and the right to initiate the Adjustment by sending a request for Adjustment to Purchaser. b. A request for Adjustment (an “Adjustment Request”) shall be in writing, shall include copies of: (i) Merchant’s three (3) consecutive bank statements for of the Approved Bank Account or Lockbox Account, as applicable, immediately preceding the date of Purchaser’s receipt of the Adjustment Request; (ii) Merchant’s three (3) consecutive payment and credit card processing statements immediately preceding the date of Purchaser’s receipt of the Adjustment Request; and/or , and (iiiii) Merchant’s bank statements and payment credit card processing statements previously provided by Merchant to Purchaser when applying based upon which statements the amount of Daily Delivery set forth in preamble to sell Future Receipts to Purchaserthis Agreement (or the then current Adjusted Daily Delivery, or when applying for as the most recent Adjustment that case may be) was madedetermined, if applicable. The Adjustment Request and shall be sent received by Purchaser by email to Purchaser at cxxxxxxx.xxxxxxx@xxxxxxxxxxxxxxx.xxx within five (5) Business Days after the date that is the later of the last day for which activity is shown on of the latest bank statement enclosed with the Adjustment Request and the last day for which activity is shown on date of the latest card processing statement enclosed with the Adjustment Request (time being of the essence). Any essence as to the last day of the period during which an Adjustment Request shall be received after this deadline will not be honoredby Purchaser). c. Purchaser’s receipt of a Merchant’s Adjustment Request after the expiration of the above referenced Five-Business-Day period nullifies and makes obsolete such Adjustment Request. d. Merchant may shall have the right to request Adjustment of the Weekly Daily Delivery Amount (or Adjusted Daily Delivery, as the case may be) as many times during the term of this Agreement as it deems seems proper, and Purchaser shall comply with such Adjustment Requestsrequest, provided that: i. Each such request for Adjustment Request is made in accordance with the requirements terms of this Section 12. ii. A request for Adjustment shall not be made after the expiration of the term of this Agreement. e. Nothing set forth in Sections 11 or 12 of this Section 12; ix. Xx Adjustment Request may Agreement shall be made after Purchaser has received deemed to provide Merchant with the Completion Amount; and iii. Unless Purchaser has received the Completion Amount, Purchaser is entitled to continue receiving weekly deliveries whether or not Merchant has made an Adjustment Request. Mxxxxxxx agrees not to take any action right to interfere with weekly deliveries based on Purchaser’s right and ability to debit the pendency Approved Bank Account while the request for Adjustment is pending or until the Sold Amount of an Adjustment RequestFuture Receipts is delivered to Purchaser in full.

Request for Adjustment Procedure. a. Xx It shall be MxxxxxxxSeller’s sole responsibility and the right to initiate the Adjustment by sending a request for Adjustment to PurchaserBuyer. b. A request for Adjustment (an “Adjustment Request”) shall be in writing, and shall include copies of: (i) Merchantof Seller’s last three (3) consecutive bank statements for of the Approved Bank Account or Lockbox Account, as applicable, immediately preceding the date of Purchaser’s receipt of the Adjustment Request; (ii) Merchant’s three (3) consecutive payment and credit card processing statements immediately preceding the date of PurchaserXxxxx’s receipt of the Adjustment Request; and/or (iii) Merchant’s bank statements and payment card processing statements previously provided by Merchant to Purchaser when applying to sell Future Receipts to Purchaser, or when applying for the most recent Adjustment that was made, if applicable. The Adjustment Request shall must be sent received by Buyer by email to Purchaser at cxxxxxxx.xxxxxxx@xxxxxxxxxxxxxxx.xxx xxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, with the subject line “REQUEST FOR ADJUSTMENT” within five thirty (530) Business Days days after the date that is the later of (i) the last day for which activity is shown on of the latest bank statement enclosed with the Adjustment Request and (ii) the last day for which activity is shown on date of the latest credit card processing statement enclosed with the Adjustment Request (time being of the essence). Any Adjustment Request received after this deadline will not be honoredRequest. c. Merchant may Xxxxx’s receipt of a Seller’s Adjustment Request after the expiration of the above referenced thirty (30) day period nullifies and makes obsolete such Adjustment Request. d. Seller shall have the right to request Adjustment of the Weekly Delivery initial Remittance Amount (or any Adjusted Remittance Amount, as the case may be) as many times during the term of this Agreement as it deems proper, and Purchaser Buyer shall comply in good faith with such Adjustment Requestsrequest, provided that: i. Each such request for Adjustment Request is made in accordance with the requirements terms of this Section 13; and ii. No Adjustment shall be made after the Termination Date. e. Nothing set forth in Sections 12 or 13 of this Section 12; ix. Xx Adjustment Request may Agreement shall be made after Purchaser has received deemed to provide Seller with the Completion Amount; and iii. Unless Purchaser has received the Completion Amount, Purchaser is entitled right to continue receiving weekly deliveries whether or not Merchant has made an Adjustment Request. Mxxxxxxx agrees not to take any action to (i) interfere with weekly deliveries based on Buyer’s right and ability to debit the pendency Approved Bank Account while the request for Adjustment is pending or until the Purchased Amount is collected by Buyer in full or (ii) request Adjustment retroactively for the portion of the term of this Agreement preceding the date of an Adjustment Request.

Request for Adjustment Procedure. a. Xx It shall be Mxxxxxxx’s Merchant's sole responsibility and right to initiate the Adjustment by sending a request for Adjustment to Purchaser. b. A request for Adjustment (an “"Adjustment Request”") shall be in writing, shall include copies of: (i) Merchant’s 's three (3) consecutive bank statements for the Approved Bank Account or Lockbox Account, as applicable, immediately preceding the date of Purchaser’s 's receipt of the Adjustment Request; (ii) Merchant’s 's three (3) consecutive payment card processing statements immediately preceding the date of Purchaser’s 's receipt of the Adjustment Request; and/or (iii) Merchant’s 's bank statements and payment card processing statements previously provided by Merchant to Purchaser when applying to sell Future Receipts to Purchaser, or when applying for the most recent Adjustment that was made, if applicable. The Adjustment Request shall be sent by email to Purchaser at cxxxxxxx.xxxxxxx@xxxxxxxxxxxxxxx.xxx xxxxxxxx.xxxxxxx@xxxxxxxxxxxxxxx.xxx within five (5) Business Days after the date that is the later of the last day for which activity is shown on the latest bank statement enclosed with the Adjustment Request and the last day for which activity is shown on the latest card processing statement enclosed with the Adjustment Request (time being of the essence). Any Adjustment Request received after this deadline will not be honored. c. Merchant may request Adjustment of the Weekly Delivery Amount as many times as it deems proper, and Purchaser shall comply with such Adjustment Requests, provided that: i. Each Adjustment Request is made in accordance with the requirements set forth in this Section 12; ixii. Xx No Adjustment Request may be made after Purchaser has received the Completion Amount; and iii. Unless Purchaser has received the Completion Amount, Purchaser is entitled to continue receiving weekly deliveries whether or not Merchant has made an Adjustment Request. Mxxxxxxx Xxxxxxxx agrees not to take any action to interfere with weekly deliveries based on the pendency of an Adjustment Request.

Request for Adjustment Procedure. a. Xx It shall be MxxxxxxxMerchant’s sole responsibility and the right to initiate the Adjustment by sending a request for Adjustment to Purchaser. b. A request for Adjustment (an “Adjustment Request”) shall be in writing, shall include copies of: (i) Merchant’s three (3) consecutive bank statements for of the Approved Bank Account or Lockbox Account, as applicable, immediately preceding the date of Purchaser’s receipt of the Adjustment Request; (ii) Merchant’s three (3) consecutive payment and credit card processing statements immediately preceding the date of Purchaser’s receipt of the Adjustment Request; and/or , and (iiiii) Merchant’s bank statements and payment credit card processing statements previously provided by Merchant to Purchaser when applying based upon which statements the amount of Weekly Delivery set forth in preamble to sell Future Receipts to Purchaserthis Agreement (or the then current Adjusted Weekly Delivery, or when applying for as the most recent Adjustment that case may be) was madedetermined, if applicable. The Adjustment Request and shall be sent received by Purchaser by email to Purchaser at cxxxxxxx.xxxxxxx@xxxxxxxxxxxxxxx.xxx xxxxxxxx.xxxxxxx@xxxxxxxxxxxxxxxx.xxx within five (5) Business Days after the date that is the later of the last day for which activity is shown on of the latest bank statement enclosed with the Adjustment Request and the last day for which activity is shown on date of the latest card processing statement enclosed with the Adjustment Request (time being of the essence). Any essence as to the last day of the period during which an Adjustment Request shall be received after this deadline will not be honoredby Purchaser). c. Purchaser’s receipt of a Merchant’s Adjustment Request after the expiration of the above referenced Five-Business-Day period nullifies and makes obsolete such Adjustment Request. d. Merchant may shall have the right to request Adjustment of the Weekly Delivery Amount (or Adjusted Weekly Delivery, as the case may be) as many times during the term of this Agreement as it deems seems proper, and Purchaser shall comply with such Adjustment Requestsrequest, provided that: i. Each such request for Adjustment Request is made in accordance with the requirements terms of this Section 12. ii. A request for Adjustment shall not be made after the expiration of the term of this Agreement. e. Nothing set forth in Sections 11 or 12 of this Section 12; ix. Xx Adjustment Request may Agreement shall be made after Purchaser has received deemed to provide Merchant with the Completion Amount; and iii. Unless Purchaser has received the Completion Amount, Purchaser is entitled to continue receiving weekly deliveries whether or not Merchant has made an Adjustment Request. Mxxxxxxx agrees not to take any action right to interfere with weekly deliveries based on Purchaser’s right and ability to debit the pendency Approved Bank Account while the request for Adjustment is pending or until the Sold Amount of an Adjustment RequestFuture Receipts is delivered to Purchaser in full.

Request for Adjustment Procedure. a. Xx It shall be MxxxxxxxSeller’s sole responsibility and the right to initiate the Adjustment by sending a request for Adjustment to Purchaser. b. A request for Adjustment (an “Adjustment Request”) shall be in writing, shall include copies of: (i) MerchantSeller’s three (3) consecutive bank 3)most recent calendar months’ statements for of the Approved Bank Account or Lockbox Account, as applicable, immediately preceding the date of Purchaser’s receipt of the Adjustment Request; (ii) Merchant’s three (3) consecutive payment and credit card processing statements immediately preceding the date of Purchaser’s receipt of the Adjustment Request; and/or , and (iiiii) MerchantSeller’s bank statements and payment credit card processing statements previously provided by Merchant Seller to Purchaser when applying based upon which statements the amount of Daily Delivery set forth in preamble to sell Future Receipts to Purchaserthis Agreement (or the then current Adjusted Daily Delivery, or when applying for as the most recent Adjustment that case may be) was madedetermined, if applicable. The Adjustment Request and shall be sent received by Purchaser by email to Purchaser at cxxxxxxx.xxxxxxx@xxxxxxxxxxxxxxx.xxx within five (5) Business Days after the date that is the later of the last day for which activity is shown on the latest bank statement enclosed with the Adjustment Request and the last day for which activity is shown on the latest card processing statement enclosed with the Adjustment Request (time being of the essence)cxxxxxxx.xxxxxxx@xxxxxxxxxxxxxx.xxx . Any Adjustment Request received after this deadline will not be honored.Contract #: 6092355 9 /s/ SAS c. Merchant may Seller shall have the right to request Adjustment of the Weekly Daily Delivery Amount (or Adjusted Daily Delivery, as the case may be) as many times during the term of this Agreement as it deems seems proper, and Purchaser shall comply with such Adjustment Requestsrequest, provided that: i. Each such request for Adjustment Request is made in accordance with the requirements terms of this Section 13. ii. A request for Adjustment shall not be made after the expiration of the term of this Agreement. d. In order to obtain an Adjustment of the Daily Delivery, the documents provided by Seller to Purchaser shall illustrate a decrease in Seller’s daily receipts. e. Nothing set forth in Sections 12 or 13 of this Section 12; ix. Xx Adjustment Request may Agreement shall be made after Purchaser has received deemed to provide Seller with the Completion Amount; and iii. Unless Purchaser has received the Completion Amount, Purchaser is entitled to continue receiving weekly deliveries whether or not Merchant has made an Adjustment Request. Mxxxxxxx agrees not to take any action right to interfere with weekly deliveries based on Purchaser’s right and ability to debit the pendency Approved Bank Account while the request for Adjustment is pending or until the Sold Amount of an Adjustment RequestFuture Receipts is delivered to Purchaser in full.

Request for Adjustment Procedure. a. Xx It shall be MxxxxxxxMerchant’s sole responsibility and right to initiate the Adjustment by sending a request for Adjustment to Purchaser. b. A request for Adjustment (an “Adjustment Request”) shall be in writing, shall include copies of: (i) Merchant’s three (3) consecutive bank statements for the Approved Bank Account or Lockbox Account, as applicable, immediately preceding the date of Purchaser’s receipt of the Adjustment Request; (ii) Merchant’s three (3) consecutive payment card processing statements immediately preceding the date of Purchaser’s receipt of the Adjustment Request; and/or (iii) Merchant’s bank statements and payment card processing statements previously provided by Merchant to Purchaser when applying to sell Future Receipts to Purchaser, or when applying for the most recent Adjustment that was made, if applicable. The Adjustment Request shall be sent by email to Purchaser at cxxxxxxx.xxxxxxx@xxxxxxxxxxxxxxx.xxx within five (5) Business Days after the date that is the later of the last day for which activity is shown on the latest bank statement enclosed with the Adjustment Request and the last day for which activity is shown on the latest card processing statement enclosed with the Adjustment Request (time being of the essence). Any Adjustment Request received after this deadline will not be honored. c. Merchant may request Adjustment of the Weekly Delivery Amount as many times as it deems proper, and Purchaser shall comply with such Adjustment Requests, provided that: i. Each Adjustment Request is made in accordance with the requirements set forth in this Section 12; ixii. Xx No Adjustment Request may be made after Purchaser has received the Completion Amount; and iii. Unless Purchaser has received the Completion Amount, Purchaser is entitled to continue receiving weekly deliveries whether or not Merchant has made an Adjustment Request. Mxxxxxxx Merchant agrees not to take any action to interfere with weekly deliveries based on the pendency of an Adjustment Request.

Request for Adjustment Procedure. a. Xx It shall be MxxxxxxxMerchant’s sole responsibility and the right to initiate the Adjustment by sending a request for Adjustment to Purchaser. b. A request for Adjustment (an “Adjustment Request”) shall be in writing, shall include copies of: (i) Merchant’s three (3) consecutive bank statements for of the Approved Bank Account or Lockbox Account, as applicable, immediately preceding the date of Purchaser’s receipt of the Adjustment Request; (ii) Merchant’s three (3) consecutive payment and credit card processing statements immediately preceding the date of Purchaser’s receipt of the Adjustment Request; and/or , and (iiiii) Merchant’s bank statements and payment credit card processing statements previously provided by Merchant to Purchaser when applying based upon which statements the amount of Weekly Delivery set forth in preamble to sell Future Receipts to Purchaserthis Agreement (or the then current Adjusted Weekly Delivery, or when applying for as the most recent Adjustment that case may be) was madedetermined, if applicable. The Adjustment Request and shall be sent received by Purchaser by email to Purchaser at cxxxxxxx.xxxxxxx@xxxxxxxxxxxxxxx.xxx within five (5) Business Days after the date that is the later of the last day for which activity is shown on of the latest bank statement enclosed with the Adjustment Request and the last day for which activity is shown on date of the latest card processing statement enclosed with the Adjustment Request (time being of the essence). Any essence as to the last day of the period during which an Adjustment Request shall be received after this deadline will not be honoredby Purchaser). c. Purchaser’s receipt of a Merchant’s Adjustment Request after the expiration of the above referenced Five-Business-Day period nullifies and makes obsolete such Adjustment Request. d. Merchant may shall have the right to request Adjustment of the Weekly Delivery Amount (or Adjusted Weekly Delivery, as the case may be) as many times during the term of this Agreement as it deems seems proper, and Purchaser shall comply with such Adjustment Requestsrequest, provided that: i. Each such request for Adjustment Request is made in accordance with the requirements terms of this Section 12. ii. A request for Adjustment shall not be made after the expiration of the term of this Agreement. e. Nothing set forth in Sections 11 or 12 of this Section 12; ix. Xx Adjustment Request may Agreement shall be made after Purchaser has received deemed to provide Merchant with the Completion Amount; and iii. Unless Purchaser has received the Completion Amount, Purchaser is entitled to continue receiving weekly deliveries whether or not Merchant has made an Adjustment Request. Mxxxxxxx agrees not to take any action right to interfere with weekly deliveries based on Purchaser’s right and ability to debit the pendency Approved Bank Account while the request for Adjustment is pending or until the Sold Amount of an Adjustment RequestFuture Receipts is delivered to Purchaser in full.

Request for Adjustment Procedure. a. Xx It shall be MxxxxxxxSeller’s sole responsibility and the right to initiate the Adjustment by sending a request for Adjustment to PurchaserBuyer. b. A request for Adjustment (an “Adjustment Request”) shall be in writing, and shall include copies of: (i) Merchantof Seller’s last three (3) consecutive bank statements for of the Approved Bank Account or Lockbox Account, as applicable, immediately preceding the date of Purchaser’s receipt of the Adjustment Request; (ii) Merchant’s three (3) consecutive payment and credit card processing statements immediately preceding the date of PurchaserBxxxx’s receipt of the Adjustment Request; and/or (iii) Merchant’s bank statements and payment card processing statements previously provided by Merchant to Purchaser when applying to sell Future Receipts to Purchaser, or when applying for the most recent Adjustment that was made, if applicable. The Adjustment Request shall must be sent received by Buyer by email to Purchaser at cxxxxxxx.xxxxxxx@xxxxxxxxxxxxxxx.xxx cxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, with the subject line “REQUEST FOR ADJUSTMENT” within five thirty (530) Business Days days after the date that is the later of (i) the last day for which activity is shown on of the latest bank statement enclosed with the Adjustment Request and (ii) the last day for which activity is shown on date of the latest credit card processing statement enclosed with the Adjustment Request (time being of the essence). Any Adjustment Request received after this deadline will not be honoredRequest. c. Merchant may Bxxxx’s receipt of a Seller’s Adjustment Request after the expiration of the above referenced thirty (30) day period nullifies and makes obsolete such Adjustment Request. d. Seller shall have the right to request Adjustment of the Weekly Delivery initial Remittance Amount (or any Adjusted Remittance Amount, as the case may be) as many times during the term of this Agreement as it deems proper, and Purchaser Buyer shall comply in good faith with such Adjustment Requestsrequest, provided that: i. Each such request for Adjustment Request is made in accordance with the requirements terms of this Section 13; and ii. No Adjustment shall be made after the Termination Date. e. Nothing set forth in Sections 12 or 13 of this Section 12; ix. Xx Adjustment Request may Agreement shall be made after Purchaser has received deemed to provide Seller with the Completion Amount; and iii. Unless Purchaser has received the Completion Amount, Purchaser is entitled right to continue receiving weekly deliveries whether or not Merchant has made an Adjustment Request. Mxxxxxxx agrees not to take any action to (i) interfere with weekly deliveries based on Buyer’s right and ability to debit the pendency Approved Bank Account while the request for Adjustment is pending or until the Purchased Amount is collected by Buyer in full or (ii) request Adjustment retroactively for the portion of the term of this Agreement preceding the date of an Adjustment Request.

Request for Adjustment Procedure. a. Xx shall be Mxxxxxxx’s 's sole responsibility and right to initiate the Adjustment by sending a request for Adjustment to Purchaser. b. A request for Adjustment (an “"Adjustment Request”") shall be in writing, shall include copies of: (i) Merchant’s 's three (3) consecutive bank statements for the Approved Bank Account or Lockbox Account, as applicable, immediately preceding the date of Purchaser’s 's receipt of the Adjustment Request; (ii) Merchant’s 's three (3) consecutive payment card processing statements immediately preceding the date of Purchaser’s 's receipt of the Adjustment Request; and/or (iii) Merchant’s 's bank statements and payment card processing statements previously provided by Merchant to Purchaser when applying to sell Future Receipts to Purchaser, or when applying for the most recent Adjustment that was made, if applicable. The Adjustment Request shall be sent by email to Purchaser at cxxxxxxx.xxxxxxx@xxxxxxxxxxxxxxx.xxx within five (5) Business Days after the date that is the later of the last day for which activity is shown on the latest bank statement enclosed with the Adjustment Request and the last day for which activity is shown on the latest card processing statement enclosed with the Adjustment Request (time being of the essence). Any Adjustment Request received after this deadline will not be honored. c. Merchant may request Adjustment of the Weekly Delivery Amount as many times as it deems proper, and Purchaser shall comply with such Adjustment Requests, provided that: i. Each Adjustment Request is made in accordance with the requirements set forth in this Section 12; ix. Xx Adjustment Request may be made after Purchaser has received the Completion Amount; and iii. Unless Purchaser has received the Completion Amount, Purchaser is entitled to continue receiving weekly deliveries whether or not Merchant has made an Adjustment Request. Mxxxxxxx agrees not to take any action to interfere with weekly deliveries based on the pendency of an Adjustment Request.

Request for Adjustment Procedure. a. Xx It shall be MxxxxxxxSeller’s sole responsibility and the right to initiate the Adjustment by sending a request for Adjustment to PurchaserBuyer. b. A request for Adjustment (an “Adjustment Request”) shall be in writing, and shall include copies of: (i) MerchantSeller’s last three (3) consecutive bank statements for of the Approved Bank Account or Lockbox Account, as applicable, the last three (3) credit card processing statements and the last three (3) aging reports immediately preceding the date of PurchaserBuyer’s receipt of the Adjustment Request; , and (ii) Merchant’s three (3) consecutive payment card processing statements immediately preceding the date of Purchaser’s receipt of the Adjustment Request; and/or (iii) MerchantSeller’s bank statements and payment credit card processing statements previously provided by Merchant Seller to Purchaser when applying to sell Future Receipts to PurchaserBuyer based upon which statements the amount of the Initial Installment set forth in Section 1 above (or the then current Adjusted Installment as the case may be) was determined, or when applying for the most recent Adjustment that was made, if applicable. The Adjustment Request and shall be sent received by Buyer by email to Purchaser at cxxxxxxx.xxxxxxx@xxxxxxxxxxxxxxx.xxx xxxx@xxxxxxxxxxxxxx.xxx, with the subject line “REQUEST FOR ADJUSTMENT,” within five (5) Business Days Workdays after the date that is the later of (i) the last day for which activity is shown on of the latest bank statement enclosed with the Adjustment Request and (ii) the last day for which activity is shown on date of the latest credit card processing statement enclosed with the Adjustment Request (time being of the essence). Any essence as to the last day of the period during which an Adjustment Request shall be received after this deadline will not be honoredby Buyer). c. Merchant may Xxxxx’s receipt of a Seller’s Adjustment Request after the expiration of the above referenced five (5) Workday period nullifies and makes obsolete such Adjustment Request. d. Seller shall have the right to request Adjustment of the Weekly Delivery Amount Initial Installment, or the Adjusted Installment (as the case may be), as many times during the term of this Agreement as it deems proper, and Purchaser Buyer shall comply in good faith with such Adjustment Requestsrequest, provided that: i. Each such request for Adjustment Request is made in accordance with the requirements terms of this Section 13; and ii. A request for Adjustment shall not be made after the Expiration Date. e. Nothing set forth in Sections 12 or 13 of this Section 12; ix. Xx Adjustment Request may Agreement shall be made after Purchaser has received deemed to provide Seller with the Completion Amount; and iii. Unless Purchaser has received the Completion Amount, Purchaser is entitled right to continue receiving weekly deliveries whether or not Merchant has made an Adjustment Request. Mxxxxxxx agrees not to take any action to (i) interfere with weekly deliveries based on Buyer’s right and ability to debit the pendency Approved Bank Account while the request for Adjustment is pending or until the Purchased Amount is collected by Buyer in full or (ii) request Adjustment retroactively for the portion of the term of this Agreement preceding the date of an Adjustment Request.

Request for Adjustment Procedure. a. Xx It shall be Mxxxxxxx’s Merchant's sole responsibility and right to initiate the Adjustment by sending a request for Adjustment to Purchaser. b. A request for Adjustment (an “"Adjustment Request”") shall be in writing, shall include copies of: (i) Merchant’s 's three (3) consecutive bank statements for the Approved Bank Account or Lockbox Account, as applicable, immediately preceding the date of Purchaser’s 's receipt of the Adjustment Request; (ii) Merchant’s 's three (3) consecutive payment card processing statements immediately preceding the date of Purchaser’s 's receipt of the Adjustment Request; and/or (iii) Merchant’s 's bank statements and payment card processing statements previously provided by Merchant to Purchaser when applying to sell Future Receipts to Purchaser, or when applying for the most recent Adjustment that was made, if applicable. The Adjustment Request shall be sent by email to Purchaser at cxxxxxxx.xxxxxxx@xxxxxxxxxxxxxxx.xxx customer.service@libertasfunding .com within five (5) Business Days after the date that is the later of the last day for which activity is shown on the latest bank statement enclosed with the Adjustment Request and the last day for which activity is shown on the latest card processing statement enclosed with the Adjustment Request (time being of the essence). Any Adjustment Request received after this deadline will not be honored. c. Merchant may request Adjustment of the Weekly Delivery Amount as many times as it deems proper, and Purchaser shall comply with such Adjustment Requests, provided that: i. Each Adjustment Request is made in accordance with the requirements set forth in this Section 12; ix; ii. Xx No Adjustment Request may be made after Purchaser has received the Completion Amount; and iii. Unless Purchaser has received the Completion Amount, Purchaser is entitled to continue receiving weekly deliveries whether or not Merchant has made an Adjustment Request. Mxxxxxxx agrees not to take any action to interfere with weekly deliveries based on the pendency of an Adjustment Request.