Responsibilities of Originator. Anything herein to the contrary notwithstanding: (a) Originator agrees, to direct, and hereby grants to each of the Company and the Agent the authority to direct, all Obligors to make payments of Receivables directly to a Lock-Box Account at a Lock-Box Bank. Originator further agrees to transfer any Collections that it receives directly, to Servicer (for deposit to such a Lock-Box Account) within one Business Day of receipt thereof, and agrees that all such Collections shall be deemed to be received in trust for the Company. (b) Originator shall perform its obligations hereunder, and the exercise by the Company or its designee of its rights hereunder shall not relieve Originator from such obligations. (c) None of the Company, Servicer, Purchaser or the Agent shall have any obligation or liability to any Obligor or any other third Person with respect to any Receivables, Contracts related thereto or any other related agreements, nor shall the Company, Servicer, Purchaser or the Agent be obligated to perform any of the obligations of Originator thereunder. (d) Originator hereby grants to Servicer an irrevocable power of attorney, with full power of substitution, coupled with an interest, to take in the name of Originator all steps necessary or advisable to indorse, negotiate or otherwise realize on any writing or other right of any kind held or transmitted by Originator or transmitted or received by the Company (whether or not from Originator) in connection with any Receivable or Related Right.
Appears in 1 contract
Samples: Purchase and Contribution Agreement (Pilgrims Pride Corp)
Responsibilities of Originator. Anything herein to the contrary notwithstanding:
(a) Originator agrees, agrees to direct, and hereby grants to each of the Company and the Agent (to the extent permitted in the Receivables Purchase Agreement) the authority to direct, all Obligors to make payments of Pool Receivables directly to a Lock-Box Account at a Lock-Box Bank. Originator further agrees to transfer any Collections that it receives directly, directly to Servicer (for deposit to such a Lock-Box Account) within one two Business Day Days of receipt thereof, and agrees that all such Collections shall be deemed to be received in trust for the Company.
(b) Originator shall perform its obligations hereunder, and the exercise by the Company or its designee of its rights hereunder shall not relieve Originator from such obligations.
(c) None of the Company, ServicerServicer (if other than the Originator), Purchaser or the Agent shall have any obligation or liability to any Obligor or any other third Person with respect to any Pool Receivables, Contracts related thereto or any other related agreements, nor shall the Company, ServicerServicer (if other than the Originator), Purchaser or the Agent be obligated to perform any of the obligations of Originator thereunder.
(d) Originator hereby grants to Servicer (if other than Originator) an irrevocable power of attorney, with full power of substitution, coupled with an interest, to take in the name of Originator all steps necessary or advisable to indorse, negotiate or otherwise realize on any writing or other right of any kind held or transmitted by Originator or transmitted or received by the Company (whether or not from Originator) in connection with any Pool Receivable or Related Right.
Appears in 1 contract
Responsibilities of Originator. Anything herein to the contrary notwithstanding:
(a) Originator agrees, agrees to direct, and hereby grants to each of the Company and the Administrative Agent the authority to direct, all Obligors to make payments of Receivables directly to a Lock-Box Account at a Lock-Box Bank. Originator further agrees to transfer any Collections that it receives directly, directly to Servicer (for deposit to such a Lock-Box Account) within one Business Day of receipt thereof, and agrees that all such Collections shall be deemed to be received in trust for the Company.
(b) Originator shall perform its obligations hereunder, and the exercise by the Company or its designee of its rights hereunder shall not relieve Originator from such obligations.
(c) None of the Company, Servicer, Purchaser Servicer (if other than the Originator) or the Agent any Secured Party shall have any obligation or liability to any Obligor or any other third Person with respect to any Receivables, any Contracts related thereto or any other related agreements, nor shall the Company, Servicer, Purchaser Servicer (if other than the Originator) or the Agent any Secured Party be obligated to perform any of the obligations of Originator thereunder.
(d) Originator hereby grants to Servicer (if other than Originator) an irrevocable power of attorney, with full power of substitution, coupled with an interest, to take in the name of Originator all steps necessary or advisable to indorse, negotiate or otherwise realize on any writing or other right of any kind held or transmitted by Originator or transmitted or received by the Company (whether or not from Originator) in connection with any Receivable or Related RightSecurity.
Appears in 1 contract
Responsibilities of Originator. Anything herein to the contrary notwithstanding:
(a) Originator agrees, agrees to direct, and hereby grants to each of the Company and the Agent the authority to direct, all Obligors to make payments of Receivables directly to a Lock-Box Account at a Lock-Box Bank. Originator further agrees to transfer any Collections that it receives directly, directly to Servicer (for deposit to such a Lock-Box Account) within one Business Day of receipt thereof, and agrees that all such Collections shall be deemed to be received in trust for the Company.
(b) Originator shall perform its obligations hereunder, and the exercise by the Company or its designee of its rights hereunder shall not relieve Originator from such obligations.
(c) None of the Company, ServicerServicer (if other than the Originator), Purchaser or the Agent shall have any obligation or liability to any Obligor or any other third Person with respect to any Receivables, Contracts related thereto or any other related agreements, nor shall the Company, ServicerServicer (if other than the Originator), Purchaser or the Agent be obligated to perform any of the obligations of Originator thereunder.
(d) Originator hereby grants to Servicer (if other than Originator) an irrevocable power of attorney, with full power of substitution, coupled with an interest, to take in the name of Originator all steps necessary or advisable to indorse, negotiate or otherwise realize on any writing or other right of any kind held or transmitted by Originator or transmitted or received by the Company (whether or not from Originator) in connection with any Receivable or Related Right.
Appears in 1 contract
Samples: Purchase and Contribution Agreement (Warren S D Co /Pa/)