Retained Receivables. Retained Receivables" means (i) all accounts receivable and other rights to payment for goods or services sold, leased or otherwise provided in the conduct of the Agilent Business that as of the Separation Date are payable by a third Person to HP or any of HP's Subsidiaries, whether past due, due or to become due, including any interest, sales or use taxes, finance charges, late or returned check charges and other obligations of the account debtor with respect thereto, and any proceeds of any of the foregoing and (ii) all other miscellaneous Assets for which an adjustment is made in the Agilent Pro Forma Balance Sheet.
Retained Receivables. Retained Receivables" means (i) all accounts receivable and other rights to payment for goods or services sold, leased or otherwise provided in the conduct of the Palm Business that as of the Separation Date are payable by a third Person to 3Com or any of 3Com's Subsidiaries, whether past due, due or to become due, including any interest, sales or use taxes, finance charges, late or returned check charges and other obligations of the account debtor with respect thereto, and any proceeds of any of the foregoing and (ii) all other miscellaneous Assets for which an adjustment is made in the Palm Pro Forma Balance Sheet.
Retained Receivables. RETAINED RECEIVABLES" means (i) all accounts receivable and other rights to payment for goods or services sold, leased or otherwise provided in the conduct of the Semiconductor Business that as of the Separation Date are payable by a third Person to C-Cube or any of C-Cube's Subsidiaries, whether past due, due or to become due, including any interest, sales or use taxes, finance charges, late or returned check charges and other obligations of the account debtor with respect thereto, and any proceeds of any of the foregoing and (ii) all other miscellaneous Assets for which an adjustment is made in the Semiconductor Pro Forma Balance Sheet.
Retained Receivables. (i) The Purchaser shall collect, on behalf of and for the account of the Seller, all Retained Current Receivables for a period of 180 days after the Closing Date (the "Collection Period"). In collecting such Retained Current Receivables, the Purchaser shall: (A) use commercially reasonable efforts and, in any event, no less effort that the Purchaser uses to collect its own accounts receivable; (B) shall not interfere with or prejudice the payment or collection of such Retained Current Receivables; and (C) not settle, modify or compromise any Retained Current Receivable without the prior consent of the Seller. In the event that the Purchaser requests that the Seller consent to a settlement, modification or compromise of a Retained Current Receivable, the Seller agrees to respond to such request within five (5) Business Days after such request is received by the Seller. As compensation for collecting such Retained Current Receivables, the Seller shall pay to the Purchaser a collection fee equal to 2% of the payments collected by the Purchaser on Retained Current Receivables (the "Collection Fee").
(ii) The Purchaser shall remit to the Seller on a bi-weekly basis: (A) all payments received by the Purchaser on Retained Current Receivables less the Collection Fee and (B) a reasonably detailed accounting of the Retained Current Receivables as of such date, which shall include the amount received, the Retained Current Receivables as to which such payment was received and the Retained Current Receivables outstanding. During the Collection Period, upon reasonable notice, the Purchaser shall afford the Seller reasonable access, during normal business hours, to the books and records of the Purchaser relating to the Retained Current Receivables. The Seller may, in its sole discretion, elect to have a Representative of the Seller present at the Purchaser's offices during normal business hours to monitor the collection by the Purchaser of the Retained Current Receivables.
(iii) All records and other information regarding the Retained Current Receivables not collected by the Purchaser during the Collection Period shall be provided to the Seller on the 181st day after the Closing Date. The Seller may elect, in its sole discretion, to notify the Purchaser at any time during the Collection Period of its desire to collect on an account-by-account basis any or all Retained Current Receivables. Upon receipt of such notification, the Purchaser shall immediately terminate its ef...
Retained Receivables. Retained Receivables" means (a) all accounts receivable and other rights to payment for goods or services sold, leased or otherwise provided in the conduct of the Luminent Business that as of the Separation Date are payable by a third Person to MRV or any of MRV's Subsidiaries, whether past due, due or to become due, including any interest, sales or use taxes, finance charges, late or returned check charges and other obligations of the account debtor with respect thereto, and any proceeds of any of the foregoing and (b) all other miscellaneous Assets for which an adjustment is made in the Luminent Pro Forma Balance Sheet.
Retained Receivables. QuickHire acknowledges that it is of material importance to Buyer that QuickHire's actions in collecting the Retained Receivables do not adversely affect the Business or set a precedent for discounting. Consequently, QuickHire agrees that it shall collect the Retained Receivables in the ordinary and usual course of business but it shall not, without the prior written consent of Buyer, employ extraordinary collection methods, institute or threaten legal proceedings or accept less than the face value thereof from the account debtor. XxXxxxxxx and Xxxxxxxxx jointly and severally agree to cause QuickHire to comply with the provisions of this Section 6.6.
Retained Receivables. All notes, accounts receivable and other receivables of Seller set forth in Exhibit 1.2(b) (collectively, the "Retained Receivables");
Retained Receivables. RETAINED RECEIVABLES" means (i) all accounts receivable and other rights to payment for goods or services sold, leased or otherwise provided in the conduct of the SNAP Business that as of the Separation Date are payable by a third Person to Quantum or any of Quantum's Subsidiaries, other than SNAP, whether past due, due or to become due, including any interest, sales or use taxes, finance charges, late or returned check charges and other obligations of the account debtor with respect thereto, and any proceeds of any of the foregoing and (ii) all other miscellaneous Assets for which an adjustment may be required.
Retained Receivables. On April 17, 2000, Parent and Purchaser agree to purchase all of the Retained Receivables which have not been fully collected by Seller for a purchase price of (i) $7,500,000, less (ii) all amounts (excluding interest, penalties, costs of collection and the like) collected by Seller with respect to the Retained Receivables ("Collections"), plus (iii) all costs of collection incurred by Seller ("Costs"). If all of the Retained Receivables have been fully collected (x) but the Collections, less the Costs, are less than $7,500,000, Parent and Purchaser shall pay the deficiency to Seller on April 17, 2000, or (y) if the Collections less the Costs are in excess of $7,500,000, Seller shall pay such excess to Parent.
Retained Receivables. Buyer will, if requested by Seller, collect the Retained Receivables for Seller (on an oldest account collected first basis, except if otherwise directed or indicated by the account debtor) for a fee to be mutually agreed upon by Buyer and Seller. All such collections shall be remitted by Buyer to Seller (net of the fee) on a monthly basis, within ten (10) days after the end of each month, accompanied by a report detailing the Retained Receivables collected.
