Common use of Rights of Buyer Clause in Contracts

Rights of Buyer. (a) Each Seller hereby authorizes Buyer, the Servicer and/or their respective designees to take any and all steps in such Seller’s name and on behalf of such Seller that Buyer, the Servicer and/or their respective designees determine are reasonably necessary or appropriate to collect all amounts due under any and all Specified Assets, including endorsing the name of such Seller on Equipment Notes, checks and other instruments representing Collections and enforcing such Seller’s rights under such Specified Assets. (b) Except as expressly set forth in Section 2.12(a), Buyer shall have no obligation to account for any Specified Asset to any Seller. Buyer shall have no obligation to account for, or to return Collections, or any interest or other finance charge collected pursuant thereto, to any Seller, irrespective of whether such Collections and charges are in excess of the Purchase Price for the Specified Assets. (c) Buyer shall have the unrestricted right to further assign, transfer, deliver, hypothecate, subdivide or otherwise deal with the Specified Assets, and all of Buyer’s right, title and interest in, to and under this Agreement. (d) Buyer shall have the sole right to retain any gains or profits created by buying, selling or holding the Specified Assets and shall have the sole risk of and responsibility for losses or damages created by such buying, selling or holding.

Appears in 2 contracts

Samples: Purchase Agreement (Alliance Laundry Systems LLC), Purchase Agreement (Alliance Laundry Systems LLC)

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Rights of Buyer. (a) Each Subject to Section 7.4(b), each Seller hereby authorizes Buyer, the Servicer and/or their respective designees to take any and all steps in such Seller’s 's name and on behalf of such Seller that Buyer, the Servicer and/or their respective designees determine are reasonably necessary or appropriate to collect all amounts due under any and all Specified Assets, including endorsing the name of such Seller on Equipment Notes, checks and other instruments representing Collections and enforcing such Seller’s 's rights under such Specified Assets. (b) Except as expressly set forth in Section 2.12(a)3.1 with respect to payments that Buyer shall have received on account of Seller Noncomplying Receivables that had been the subject of an earlier Seller Noncomplying Receivables Adjustment, Buyer shall have no obligation to account for any Specified Asset to any Seller. Buyer shall have no obligation to account for, or to return Collections, or any interest or other finance charge collected pursuant thereto, to any Seller, irrespective of whether such Collections and charges are in excess of the Purchase Price for the Specified Purchased Assets. (c) Buyer shall have the unrestricted right to further assign, transfer, deliver, hypothecate, subdivide or otherwise deal with the Specified Assets, and all of Buyer’s 's right, title and interest in, to and under this Agreement, on whatever terms Buyer shall determine, pursuant to the Pooling Agreement or otherwise. (d) Buyer shall have the sole right to retain any gains or profits created by buying, selling or holding the Specified Assets and shall have the sole risk of and responsibility for losses or damages created by such buying, selling or holding.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (International Comfort Products Corp), Receivables Purchase Agreement (International Comfort Products Corp)

Rights of Buyer. (a) Each Seller hereby authorizes Buyer, the Servicer and/or their respective designees to take any and all steps in such Seller’s 's name and on behalf of such Seller that Buyer, the Servicer and/or their respective designees determine are reasonably necessary or appropriate to collect all amounts due under any and all Specified Assets, including endorsing the name of such Seller on Equipment Notes, checks and other instruments representing Collections and enforcing such Seller’s 's rights under such Specified Assets. (b) Except as expressly set forth in Section 2.12(a), Buyer shall have no obligation to account for any Specified Asset to any Seller. Buyer shall have no obligation to account for, or to return Collections, or any interest or other finance charge collected pursuant thereto, to any Seller, irrespective of whether such Collections and charges are in excess of the Purchase Price for the Specified Assets. (c) Buyer shall have the unrestricted right to further assign, transfer, deliver, hypothecate, subdivide or otherwise deal with the Specified Assets, and all of Buyer’s 's right, title and interest in, to and under this Agreement. (d) Buyer shall have the sole right to retain any gains or profits created by buying, selling or holding the Specified Assets and shall have the sole risk of and responsibility for losses or damages created by such buying, selling or holding.

Appears in 1 contract

Samples: Purchase Agreement (Alliance Laundry Corp)

Rights of Buyer. (a) Each Seller hereby authorizes Buyer, the Servicer Initial Collection Agent and/or their respective designees to take any and all steps in such Seller’s Sellers name and on behalf of such Seller that Buyer, the Servicer Initial Collection Agent and/or their respective designees determine are reasonably necessary or appropriate to collect all amounts due under any and all Specified Assets, including endorsing the name of such Seller on Equipment Notes, checks and other instruments representing Collections and enforcing such Seller’s rights under such Specified Assets. (b) Except as expressly set forth in Section 2.12(a)3.1 with respect to Seller Noncomplying Receivables, Buyer shall have no obligation to account for any Specified Asset to any Seller. Buyer shall have no obligation to account for, or to return Collections, or any interest or other finance charge collected pursuant thereto, to any Seller, irrespective of whether such Collections and charges are in excess of the Purchase Price for the Specified Purchased Assets. (c) Buyer shall have the unrestricted right to further assign, transfer, deliver, hypothecate, subdivide or otherwise deal with the Specified Assets, and all of Buyer’s right, title and interest in, to and under this Agreement, on whatever terms Buyer shall determine, pursuant to the Receivables Sale Agreement or otherwise. (d) Buyer shall have the sole right to retain any gains or profits created by buying, selling or holding the Specified Assets and shall have the sole risk of and responsibility for losses or damages created by such buying, selling or holding.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Chemtura CORP)

Rights of Buyer. (a) Each Subject to Section 7.4(b), each Seller hereby authorizes Buyer, the Servicer and/or their respective designees to take any and all steps in such Seller’s 's name and on behalf of such Seller that Buyer, the Servicer and/or their respective designees determine are reasonably necessary or appropriate to collect all amounts due under any and all Specified Assets, including endorsing the name of such Seller on Equipment Notes, checks and other instruments representing Collections and enforcing such Seller’s 's rights under such Specified Assets. (b) Except as expressly set forth in Section 2.12(a)3.1 with respect to Seller Noncomplying Receivables, Buyer shall have no obligation to account for any Specified Asset to any Seller. Buyer shall have no obligation to account for, or to return Collections, or any interest or other finance charge collected pursuant thereto, to any Seller, irrespective of whether such Collections and charges are in excess of the Purchase Price for the Specified Purchased Assets. (c) Buyer shall have the unrestricted right to further assign, transfer, deliver, hypothecate, subdivide or otherwise deal with the Specified Assets, and all of Buyer’s 's right, title and interest in, to and under this Agreement, on whatever terms Buyer shall determine, pursuant to the Pooling Agreement or otherwise. (d) Buyer shall have the sole right to retain any gains or profits created by buying, selling or holding the Specified Assets and shall have the sole risk of and responsibility for losses or damages created by such buying, selling or holding.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Big Flower Press Holdings Inc)

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Rights of Buyer. (a) Each Seller hereby authorizes Buyer, the Servicer Initial Collection Agent and/or their respective designees to take any and all steps in such Seller’s 's name and on behalf of such Seller that Buyer, the Servicer Initial Collection Agent and/or their respective designees determine are reasonably necessary or appropriate to collect all amounts due under any and all Specified Assets, including endorsing the name of such Seller on Equipment Notes, checks and other instruments representing Collections and enforcing such Seller’s 's rights under such Specified Assets. (b) Except as expressly set forth in Section 2.12(a)3.1 with respect to Seller Noncomplying Receivables, Buyer shall have no obligation to account for any Specified Asset to any Seller. Buyer shall have no obligation to account for, or to return Collections, or any interest or other finance charge collected pursuant thereto, to any Seller, irrespective of whether such Collections and charges are in excess of the Purchase Price for the Specified Purchased Assets. (c) Buyer shall have the unrestricted right to further assign, transfer, deliver, hypothecate, subdivide or otherwise deal with the Specified Assets, and all of Buyer’s 's right, title and interest in, to and under this Agreement, on whatever terms Buyer shall determine, pursuant to the Receivables Sale Agreement or otherwise. (d) Buyer shall have the sole right to retain any gains or profits created by buying, selling or holding the Specified Assets and shall have the sole risk of and responsibility for losses or damages created by such buying, selling or holding.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Crompton & Knowles Corp)

Rights of Buyer. (a) Each Subject to Section 7.4(b), each --------------- -------------- Seller hereby authorizes Buyer, the Servicer Buyer and/or their respective its designees to take any and all steps in such Seller’s 's name and on behalf of such Seller that Buyer, the Servicer Buyer and/or their respective its designees determine are reasonably necessary or appropriate to collect all amounts due under any and all Specified Assets, including endorsing the name of such Seller on Equipment Notes, checks and other instruments representing Collections and enforcing such Seller’s 's rights under such Specified Assets. (b) Except as expressly set forth in Section 2.12(a), Buyer shall have no obligation to account for for, to replace, to substitute or to return any Specified Asset to any Seller. Buyer shall have no obligation to account for, or to return Collections, or any interest or other finance charge collected pursuant thereto, to any Seller, irrespective of whether such Collections and charges are in excess of the Purchase Price for the Specified Assets. (c) Buyer shall have the unrestricted right to further assign, transfer, deliver, hypothecate, subdivide or otherwise deal with the Specified Assets, and all of Buyer’s 's right, title and interest in, to and under this Agreement. (d) Buyer shall have the sole right to retain any gains or profits created by buying, selling or holding the Specified Assets and shall have the sole risk of and responsibility for losses or damages created by such buying, selling or holding.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Alliance Laundry Holdings LLC)

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