Common use of Rights After Designation of New Collection Agent Clause in Contracts

Rights After Designation of New Collection Agent. At any time following the designation of a Collection Agent (other than Tech Data, the Transferor, or any Affiliate of Tech Data or the Transferor) pursuant to Section 6.1 hereof: (i) The Administrative Agent may direct that payment of all amounts payable under any Receivable be made directly to the Administrative Agent or its designee for the benefit of the Class Investors. (ii) Tech Data shall, at the Administrative Agent’s request and at Tech Data’s expense, give notice of the Administrative Agent’s, the Transferor’s, or each Class Investor’s ownership of Receivables to each Obligor and direct that payments be made directly to the Administrative Agent or its designee for the benefit of the Class Investors. (iii) Tech Data shall, at the Administrative Agent’s request, (A) assemble all of the Records, and shall make the same available to the Administrative Agent at a place selected by the Administrative Agent or its designee, and (B) segregate all cash, checks and other instruments received by it from time to time constituting Collections of Receivables in a manner acceptable to the Administrative Agent and shall, promptly upon receipt, remit all such cash, checks and instruments, duly endorsed or with duly executed instruments of transfer, to the Administrative Agent or its designee for the benefit of the Class Investors. (iv) The Transferor and Tech Data hereby authorize the Administrative Agent to take any and all steps in the Transferor’s or Tech Data’s name and on behalf of the Transferor or Tech Data necessary or desirable, in the determination of the Administrative Agent, to collect all amounts due under any and all Receivables, including, without limitation, endorsing the Transferor’s or Tech Data’s name on checks and other instruments representing Collections and enforcing such Receivables and the related Contracts.

Appears in 5 contracts

Samples: Transfer and Administration Agreement (Tech Data Corp), Transfer and Administration Agreement (Tech Data Corp), Transfer and Administration Agreement (Tech Data Corp)

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Rights After Designation of New Collection Agent. At any time following the designation of a Collection Agent (other than Tech DataC&A, the Transferor, or any Affiliate of Tech Data Seller or the Transferor) Transferor pursuant to the penultimate sentence of Section 6.1 6.01 hereof: (i) The Administrative Agent may may, at its option, or shall, at the direction of the Required Committed Purchasers, direct that payment of all amounts payable under any Receivable be made directly to the Administrative Agent or its designee for the benefit of the Class InvestorsCP Conduit Purchasers and the Committed Purchasers. (ii) Tech Data The Transferor shall, at the Administrative Agent’s 's request and at Tech Data’s the Transferor's expense, give notice of the Administrative Agent’sCP Conduit Purchasers', the Transferor’s, or each Class Investor’s 's and/or the Committed Purchasers' ownership of Receivables to each Obligor and direct that payments be made directly to the Administrative Agent or its designee for the benefit of the Class Investorsdesignee. (iii) Tech Data The Transferor shall, at the Administrative Agent’s 's request, (A) assemble all of the Records, and shall make the same available to the Administrative Agent or its designee at a place selected by the Administrative Agent or its designee, and (B) segregate all cash, checks and other instruments received by it from time to time constituting Collections of Receivables in a manner acceptable to the Administrative Agent and shall, promptly upon receipt, remit all such cash, checks and instruments, duly endorsed or with duly executed instruments of transfer, to the Administrative Agent or its designee for the benefit of the Class Investorsdesignee. (iv) The Transferor and Tech Data hereby authorize authorizes the Administrative Agent to take any and all steps in the Transferor’s or Tech Data’s 's name and on behalf of the Transferor or Tech Data necessary or desirable, in the determination of the Administrative Agent, to collect all amounts due under any and all Receivables, including, without limitation, endorsing the Transferor’s or Tech Data’s 's name on checks and other instruments representing Collections and enforcing such Receivables and the related Contracts.

Appears in 2 contracts

Samples: Receivables Transfer Agreement (Collins & Aikman Corp), Receivables Transfer Agreement (Collins & Aikman Corp)

Rights After Designation of New Collection Agent. At any time following the designation of a Collection Agent (other than Tech Datathe Parent, the Transferor, or any Affiliate of Tech Data Seller or the Transferor) Transferor pursuant to the penultimate sentence of Section 6.1 6.01 hereof: (i) The Administrative Agent may may, at its option, or shall, at the direction of the Required Purchasers, direct that payment of all amounts payable under any Receivable be made directly to the Administrative Agent or its designee for the benefit of the Class InvestorsPurchasers. (ii) Tech Data The Transferor shall, at the Administrative Agent’s 's request and at Tech Data’s the Transferor's expense, give notice of the Administrative Agent’s, Transferor's and/or the Transferor’s, or each Class Investor’s Purchasers' ownership of Receivables to each Obligor and direct that payments be made directly to the Administrative Agent or its designee for the benefit of the Class Investorsdesignee. (iii) Tech Data The Transferor shall, at the Administrative Agent’s 's request, (A) assemble all of the Records, and shall make the same available to the Administrative Agent or its designee at a place selected by the Administrative Agent or its designee, and (B) segregate all cash, checks and other instruments received by it from time to time constituting Collections of Receivables in a manner acceptable to the Administrative Agent and shall, promptly upon receipt, remit all such cash, checks and instruments, duly endorsed or with duly executed instruments of transfer, to the Administrative Agent or its designee for the benefit of the Class Investorsdesignee. (iv) The Transferor and Tech Data hereby authorize authorizes the Administrative Agent to take any and all steps in the Transferor’s or Tech Data’s 's name and on behalf of the Transferor or Tech Data necessary or desirable, in the determination of the Administrative Agent, to collect all amounts due under any and all Receivables, including, without limitation, endorsing the Transferor’s or Tech Data’s 's name on checks and other instruments representing Collections and enforcing such Receivables and the related Contracts.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Metaldyne Corp)

Rights After Designation of New Collection Agent. At any time following the designation of a Collection Agent (other than Tech DataTyson, the Transferor, or any Affiliate of Tech Data Seller or the Transferor) Transferor pursuant to the penultimate sentence of Section 6.1 6.01 hereof: (i) The Administrative Agent may may, at its option, or shall, at the direction of the Required Committed Purchasers, direct that payment of all amounts payable under any Receivable be made directly to the Administrative Agent or its designee for the benefit of the Class InvestorsCP Conduit Purchasers and the Committed Purchasers. (ii) Tech Data The Transferor shall, at the Administrative Agent’s 's request and at Tech Data’s the Transferor's expense, give notice of the Administrative Agent’sCP Conduit Purchasers', the Transferor’s, or each Class Investor’s 's and/or the Committed Purchasers' ownership of Receivables to each Obligor and direct that payments be made directly to the Administrative Agent or its designee for the benefit of the Class Investorsdesignee. (iii) Tech Data The Transferor shall, at the Administrative Agent’s 's request, (A) assemble all of the Records, and shall make the same available to the Administrative Agent or its designee at a place selected by the Administrative Agent or its designee, and (B) segregate all cash, checks and other instruments received by it from time to time constituting Collections of Receivables in a manner acceptable to the Administrative Agent and shall, promptly upon receipt, remit all such cash, checks and instruments, duly endorsed or with duly executed instruments of transfer, to the Administrative Agent or its designee for the benefit of the Class Investorsdesignee. (iv) The Transferor and Tech Data hereby authorize authorizes the Administrative Agent to take any and all steps in the Transferor’s or Tech Data’s 's name and on behalf of the Transferor or Tech Data necessary or desirable, in the determination of the Administrative Agent, to collect all amounts due under any and all Receivables, including, without limitation, endorsing the Transferor’s or Tech Data’s 's name on checks and other instruments representing Collections and enforcing such Receivables and the related Contracts.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Tyson Foods Inc)

Rights After Designation of New Collection Agent. At any time following the designation of a Collection Agent (other than Tech Data, the Transferor, the Seller or any Affiliate of Tech Data the Transferor or the TransferorSeller) pursuant to Section 6.1 hereof: (i) The Administrative Agent may or shall, at the direction of the Purchaser Agents, direct that payment of all amounts payable under any Receivable be made directly to the Administrative Agent or its designee for the benefit of the Class Investorsdesignee, to be applied in accordance with Sections 2.5, 2.6 and 2.12(d), as applicable. (ii) Tech Data In the event that a Termination Event has occurred, the Transferor shall, at the Administrative Agent’s 's request and at Tech Data’s the Transferor's expense, give notice of the Administrative Agent’s, the Transferor’s, or each Class Investor’s ownership of Receivables to each Obligor and direct that payments be made directly by each Obligor to the Administrative Agent or its designee for the benefit designee, and, if necessary, give notice of any of the Class Purchaser Agents', the Transferor's and/or the Bank Investors' ownership of Receivables to each Obligor. (iii) Tech Data The Transferor shall, at the Administrative Agent’s 's request, (A) assemble all of the Records, and shall make the same available to the Administrative Agent or its designee at a place selected by the Administrative Agent or its designee, and (B) segregate all cash, checks and other instruments received by it from time to time constituting Collections of Receivables in a manner acceptable to the Administrative Agent and shall, promptly upon receipt, remit all such cash, checks and instruments, duly endorsed or with duly executed instruments of transfer, to the Administrative Agent or its designee for the benefit of the Class Investorsdesignee. (iv) The Transferor and Tech Data the Seller hereby authorize the Administrative Agent to take any and all lawful steps in the Transferor’s 's or Tech Data’s Seller's name and on behalf of the Transferor or Tech Data and the Seller necessary or desirabledesirable and reasonable, in the determination of the Administrative Agent, to collect all amounts due under any and all Receivables, including, without limitation, endorsing the Transferor’s 's or Tech Data’s Seller's name on checks and other instruments representing Collections and enforcing such Receivables and the related ContractsAccount Agreements, and the Transferor and the Seller shall request any third party holding any Records to provide the Administrative Agent with access to such Records to same extent as the Transferor and Seller have such access.

Appears in 1 contract

Samples: Transfer and Administration Agreement (Metris Companies Inc)

Rights After Designation of New Collection Agent. At any time following the designation of a Collection Agent (other than Tech Data, the Transferor, or any Affiliate of Tech Data or the Transferor) pursuant to Section 6.1 hereof: (i) The Administrative Agent may direct that payment of paymentof all amounts payable under any Receivable be made directly to the Administrative Agent or its designee for the benefit of the Class Investorsdesignee. (ii) Tech Data shall, at the Administrative Agent’s 's request and at Tech Data’s 's expense, give notice of the Administrative Agent’s's, the Transferor’s's, or each Class Enterprise's and/or the Enterprise Bank Investor’s 's, Atlantic's and/or the Atlantic Bank Investor's and/or Liberty's and/or the Liberty Bank Investor's ownership of Receivables to each Obligor and direct that payments be made directly to the Administrative Agent or its designee for the benefit of the Class Investorsdesignee. (iii) Tech Data shall, at the Administrative Agent’s 's request, (A) assemble all of the Records, and shall make the same available to the Administrative Agent at a place selected by the Administrative Agent or its designee, and (B) segregate all cash, checks and other instruments received by it from time to time constituting Collections of Receivables in a manner acceptable to the Administrative Agent and shall, promptly upon receipt, remit all such cash, checks and instruments, duly endorsed or with duly executed instruments of transfer, to the Administrative Agent or its designee for the benefit of the Class Investorsdesignee. (iv) The Transferor and Tech Data hereby authorize the Administrative Agent to take any and all steps in the Transferor’s 's or Tech Data’s 's name and on behalf of the Transferor or Tech Data necessary or desirable, in the determination of the Administrative Agent, to collect all amounts due under any and all Receivables, including, without limitation, endorsing the Transferor’s 's or Tech Data’s 's name on checks and other instruments representing Collections and enforcing such Receivables and the related Contracts.

Appears in 1 contract

Samples: Transfer and Administration Agreement (Tech Data Corp)

Rights After Designation of New Collection Agent. At any time following the designation of a Collection Agent (other than Tech DataTyson, the Transferor, or any Affiliate of Tech Data Seller or the Transferor) Transferor pursuant to the penultimate sentence of Section 6.1 6.01 hereof: (ia) The Administrative Agent may may, at its option, or shall, at the direction of the Required Committed Purchasers, direct that payment of all amounts payable under any Receivable be made directly to the Administrative Agent or its designee for the benefit of the Class InvestorsCP Conduit Purchasers and the Committed Purchasers. (iib) Tech Data The Transferor shall, at the Administrative Agent’s request and at Tech Datathe Transferor’s expense, give notice of the Administrative Agent’sCP Conduit Purchasers’, the Transferor’s, or each Class Investor’s and/or the Committed Purchasers’ ownership of Receivables to each Obligor and direct that payments be made directly to the Administrative Agent or its designee for the benefit of the Class Investorsdesignee. (iiic) Tech Data The Transferor shall, at the Administrative Agent’s request, (A) assemble all of the Records, and shall make the same available to the Administrative Agent or its designee at a place selected by the Administrative Agent or its designee, and (B) segregate all cash, checks and other instruments received by it from time to time constituting Collections of Receivables in a manner acceptable to the Administrative Agent and shall, promptly upon receipt, remit all such cash, checks and instruments, duly endorsed or with duly executed instruments of transfer, to the Administrative Agent or its designee for the benefit of the Class Investorsdesignee. (ivd) The Transferor and Tech Data hereby authorize authorizes the Administrative Agent to take any and all steps in the Transferor’s or Tech Data’s name and on behalf of the Transferor or Tech Data necessary or desirable, in the determination of the Administrative Agent, to collect all amounts due under any and all Receivables, including, without limitation, endorsing the Transferor’s or Tech Data’s name on checks and other instruments representing Collections and enforcing such Receivables and the related Contracts.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Tyson Foods Inc)

Rights After Designation of New Collection Agent. At any time following the designation of a Collection Agent (other than Tech DataTriMas Corp., the Transferor, or any Affiliate of Tech Data Seller or the Transferor) Transferor pursuant to the penultimate sentence of Section 6.1 6.01 hereof: (i) The the Administrative Agent may may, at its option, or shall, at the direction of the Required Purchasers, direct that payment of all amounts payable under any Receivable be made directly to the Administrative Agent or its designee for the benefit of the Class Investors.Purchasers; (ii) Tech Data the Transferor shall, at the Administrative Agent’s request and at Tech Datathe Transferor’s expense, give notice of the Administrative Agent’s, Transferor’s and/or the Transferor’s, or each Class Investor’s Purchasers’ ownership of Receivables to each Obligor and direct that payments be made directly to the Administrative Agent or its designee for the benefit of the Class Investors.designee; (iii) Tech Data the Transferor shall, at the Administrative Agent’s request, (A) assemble all of the Records, and shall make the same available to the Administrative Agent or its designee at a place selected by the Administrative Agent or its designee, and (B) segregate all cash, checks and other instruments received by it from time to time constituting Collections of Receivables in a manner acceptable to the Administrative Agent and shall, promptly upon receipt, remit all such cash, checks and instruments, duly endorsed or with duly executed instruments of transfer, to the Administrative Agent or its designee for the benefit of the Class Investors.designee; and (iv) The the Transferor and Tech Data hereby authorize authorizes the Administrative Agent to take any and all steps in the Transferor’s or Tech Data’s name and on behalf of the Transferor or Tech Data necessary or desirable, in the determination of the Administrative Agent, to collect all amounts due under any and all Receivables, including, without limitation, endorsing the Transferor’s or Tech Data’s name on checks and other instruments representing Collections and enforcing such Receivables and the related Contracts.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Trimas Corp)

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Rights After Designation of New Collection Agent. At any time following the designation of a Collection Agent (other than Tech Data, the Transferor, Contributor or any Affiliate of Tech Data or the Transferor) Borrower pursuant to the penultimate sentence of Section 6.1 6.01 hereof: (ia) The Administrative Agent may may, at its option, or shall, at the direction of the Required Lenders, direct that payment of all amounts payable under any Receivable be made directly to the Administrative Agent or its designee for the benefit of the Class InvestorsLenders. (iib) Tech Data The Borrower shall, at the Administrative Agent’s request and at Tech Datathe Borrower’s expense, give notice of the Administrative Agent’s, Lenders’ or the Transferor’s, or each Class InvestorBorrower’s ownership interest in of Receivables to each Obligor and direct that payments be made directly to the Administrative Agent or its designee for the benefit of the Class Investorsdesignee. (iiic) Tech Data The Borrower shall, at the Administrative Agent’s request, (A) assemble all of the Records, and shall make the same available to the Administrative Agent or its designee at a place selected by the Administrative Agent or its designee, and (B) segregate all cash, checks and other instruments received by it from time to time constituting Collections of Receivables in a manner acceptable to the Administrative Agent and shall, promptly upon receipt, remit all such cash, checks and instruments, duly endorsed or with duly executed instruments of transfer, to the Administrative Agent or its designee for the benefit of the Class Investorsdesignee. (ivd) The Transferor Borrower and Tech Data the Contributor hereby authorize the Administrative Agent to take any and all steps in the TransferorBorrower’s or Tech Datathe Contributor’s name and on behalf of the Transferor or Tech Data Borrower and the Contributor necessary or desirable, in the determination of the Administrative AgentAgent (in consultation with the Funding Agents), to collect all amounts due under any and all Receivables, including, without limitation, endorsing the TransferorBorrower’s or Tech Datathe Contributor’s name on checks and other instruments representing Collections and enforcing such Receivables and the related Contracts.

Appears in 1 contract

Samples: Asset Backed Loan Agreement (Memec Inc)

Rights After Designation of New Collection Agent. At any time following the designation of a Collection Agent (other than Tech DataTriMas Corp., the Transferor, or any Affiliate of Tech Data Seller or the Transferor) Transferor pursuant to the penultimate sentence of Section 6.1 6.01 hereof: (i) The Administrative Agent may may, at its option, or shall, at the direction of the Required Committed Purchasers, direct that payment of all amounts payable under any Receivable be made directly to the Administrative Agent or its designee for the benefit of the Class InvestorsCP Conduit Purchasers and the Committed Purchasers. (ii) Tech Data The Transferor shall, at the Administrative Agent’s 's request and at Tech Data’s the Transferor's expense, give notice of the Administrative Agent’sCP Conduit Purchasers', the Transferor’s, or each Class Investor’s 's and/or the Committed Purchasers' ownership of Receivables to each Obligor and direct that payments be made directly to the Administrative Agent or its designee for the benefit of the Class Investorsdesignee. (iii) Tech Data The Transferor shall, at the Administrative Agent’s 's request, (A) assemble all of the Records, and shall make the same available to the Administrative Agent or its designee at a place selected by the Administrative Agent or its designee, and (B) segregate all cash, checks and other instruments received by it from time to time constituting Collections of Receivables in a manner acceptable to the Administrative RECEIVABLES TRANSFER AGREEMENT Agent and shall, promptly upon receipt, remit all such cash, checks and instruments, duly endorsed or with duly executed instruments of transfer, to the Administrative Agent or its designee for the benefit of the Class Investorsdesignee. (iv) The Transferor and Tech Data hereby authorize authorizes the Administrative Agent to take any and all steps in the Transferor’s or Tech Data’s 's name and on behalf of the Transferor or Tech Data necessary or desirable, in the determination of the Administrative Agent, to collect all amounts due under any and all Receivables, including, without limitation, endorsing the Transferor’s or Tech Data’s 's name on checks and other instruments representing Collections and enforcing such Receivables and the related Contracts.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Trimas Corp)

Rights After Designation of New Collection Agent. At any time following the designation of a Collection Agent (other than Tech Datathe Parent, the Transferor, or any Affiliate of Tech Data Seller or the Transferor) Transferor pursuant to the penultimate sentence of Section 6.1 6.01 hereof: (i) The Administrative Agent may may, at its option, or shall, at the direction of the Required Committed Purchasers, direct that payment of all amounts payable under any Receivable be made directly to the Administrative Agent or its designee for the benefit of the Class InvestorsCP Conduit Purchasers and the Committed Purchasers. (ii) Tech Data The Transferor shall, at the Administrative Agent’s 's request and at Tech Data’s the Transferor's expense, give notice of the Administrative Agent’sCP Conduit Purchasers', the Transferor’s, or each Class Investor’s 's and/or the Committed Purchasers' ownership of Receivables to each Obligor and direct that payments be made directly to the Administrative Agent or its designee for the benefit of the Class Investorsdesignee. (iii) Tech Data The Transferor shall, at the Administrative Agent’s 's request, (A) assemble all of the Records, and shall make the same available to the Administrative Agent or its designee at a place selected by the Administrative Agent or its designee, and (B) segregate all cash, checks and other instruments received by it from time to time constituting Collections of Receivables in a manner acceptable to the Administrative Agent and shall, promptly upon receipt, remit all such cash, checks and instruments, duly endorsed or with duly executed instruments of transfer, to the Administrative Agent or its designee for the benefit of the Class Investorsdesignee. (iv) The Transferor and Tech Data hereby authorize authorizes the Administrative Agent to take any and all steps in the Transferor’s or Tech Data’s 's name and on behalf of the Transferor or Tech Data necessary or desirable, in the determination of the Administrative Agent, to collect all amounts due under any and all Receivables, including, without limitation, endorsing the Transferor’s or Tech Data’s 's name on checks and other instruments representing Collections and enforcing such Receivables and the related Contracts.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Mascotech Inc)

Rights After Designation of New Collection Agent. At any time following the designation of a new Collection Agent (other than Tech Data, the Transferor, or any Affiliate of Tech Data or the TransferorC&A) pursuant to Section 6.1 hereof: (i) The Administrative Agent may may, at its option, or shall, at the direction of the Required Participants, direct that payment of all amounts payable under any Receivable be made directly to the Administrative Agent or its designee for the benefit of the Class InvestorsFunding Agents, the Initial Purchasers and the PARCO APA Banks. (ii) Tech Data The Transferor shall, at the Administrative Agent’s 's request and at Tech Data’s the Transferor's expense, give notice of the Administrative Agent’sInitial Purchasers', the Transferor’s, or each Class Investor’s 's and/or the PARCO APA Banks' ownership of Receivables to each Obligor and direct that payments be made directly to the Administrative Agent or its designee for the benefit of the Class Investorsdesignee. (iii) Tech Data The Transferor shall, at the Administrative Agent’s 's request, (A) assemble all of the Records, and shall make the same available to the Administrative Agent or its designee at a place selected by the Administrative Agent or its designee, and (B) segregate all cash, checks and other instruments received by it from time to time constituting Collections of Receivables in a manner acceptable to the Administrative Agent and shall, promptly upon receipt, remit all such cash, checks and instruments, duly endorsed or with duly executed instruments of transfer, to the Administrative Agent or its designee for the benefit of the Class Investorsdesignee. (iv) The Transferor and Tech Data each Seller hereby authorize the Administrative Agent to take any and all steps in the Transferor’s 's or Tech Data’s any Seller's name and on behalf of the Transferor or Tech Data and any Seller necessary or desirable, in the reasonable determination of the Administrative Agent, to collect all amounts due under any and all Receivables, including, without limitation, endorsing the Transferor’s 's or Tech Data’s any Seller's name on checks and other instruments representing Collections and enforcing such Receivables and the related Contracts.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Collins & Aikman Corp)

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