Common use of Rights of the Buyer; Enforcement Rights Clause in Contracts

Rights of the Buyer; Enforcement Rights. (a) The Buyer shall have no obligation to account for, to replace, to substitute or to return any Receivables and Related Rights to COMPUCOM. The Buyer shall have no obligation to account for, or to return to COMPUCOM, Collections, or any interest or other finance charge collected pursuant thereto, without regard to whether such Collections and charges are in excess of the Purchase Price for such Receivables and Related Rights. (b) The Buyer shall have the unrestricted right to further assign, transfer, deliver, hypothecate, subdivide or otherwise deal with the Receivables and Related Rights, and all of the Buyer's right, title and interest in, to and under this Agreement, on whatever terms the Buyer shall determine, pursuant to the Pooling and Servicing Agreement or otherwise. (c) The Buyer shall have the sole right to retain any gains or profits created by buying, selling or holding the Receivables and Related Rights and, except as expressly set forth in the Transaction Documents, shall have the sole risk of and responsibility for losses or damages created by such buying, selling or holding. (d) COMPUCOM hereby authorizes the Buyer, and irrevocably appoints the Buyer as its attorney-in-fact with full power of substitution and with full authority in the place and stead of COMPUCOM, which appointment is coupled with an interest, to take any and all steps in the name of COMPUCOM and on behalf of COMPUCOM necessary or desirable, in the determination of the Buyer, to collect any and all amounts or portions thereof due under any and all Receivables or Related Rights, including, without limitation, endorsing the name of COMPUCOM on checks and other instruments representing Collections and enforcing such Receivables and Related Rights.

Appears in 3 contracts

Samples: Receivables Contribution and Sale Agreement (Safeguard Scientifics Inc Et Al), Receivables Contribution and Sale Agreement (Compucom Systems Inc), Receivables Contribution and Sale Agreement (Compucom Systems Inc)

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Rights of the Buyer; Enforcement Rights. (a) The Unless the underlying Assigned Receivables have been repurchased by Seller from the Buyer pursuant to Section 3.2, the Buyer shall have no obligation to account for, to replace, to substitute or to return any Assigned Receivables and Related Rights to COMPUCOMSeller. The Unless the underlying Assigned Receivables have been repurchased by the Buyer from Seller the Buyer shall have no obligation to account for, or to return to COMPUCOM, Seller Collections, or any interest interest, late fees and charges or other finance charge charges collected pursuant thereto, without regard to whether such Collections and charges are in excess of the Purchase Price for such Assigned Receivables and Related Rights. (b) The Buyer shall have the unrestricted right to further assign, transfer, deliver, hypothecate, grant Liens in, subdivide or otherwise deal with the Receivables and Related Rights, and all of the Buyer's right, title and interest in, to and under this Agreement, on whatever terms the Buyer shall determine, pursuant to the Pooling and Servicing Agreement or otherwise. (c) The Buyer shall have the sole right to retain any gains or profits created by buying, selling or holding the Assigned Receivables and Related Rights and, except as expressly set forth in the Transaction Documents, shall have the sole risk of and responsibility for losses or damages created by such buying, selling or holding. (d) COMPUCOM Seller hereby authorizes the Buyer, and irrevocably appoints the Buyer as its attorney-in-fact with full power of substitution and with full authority in the place and stead of COMPUCOMSeller, which appointment is coupled with an interest, to take any and all steps in the name of COMPUCOM Seller and on behalf of COMPUCOM Seller necessary or desirable, in the determination of the Buyer, to collect any and all amounts or portions thereof due under any and all Assigned Receivables or Related Rights, including, without limitation, endorsing the name of COMPUCOM Seller on checks and other instruments representing Collections and enforcing such Assigned Receivables and Related Rights.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Escalade Inc)

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Rights of the Buyer; Enforcement Rights. (a) The Buyer shall have no obligation to account for, to replace, to substitute or to return any Assigned Receivables and Related Rights to COMPUCOM. The AG, and the Buyer shall have no obligation to account for, or to return to COMPUCOMAG, Collections, or any interest interest, late fees and charges or other finance charge charges collected pursuant thereto, without regard to whether such Collections and charges are in excess of the Purchase Price for such Assigned Receivables and Related Rights. (b) The Buyer shall have the unrestricted right to further assign, transfer, deliver, hypothecate, grant Liens in, subdivide or otherwise deal with the Receivables and Related Rights, and all of the Buyer's right, title and interest in, to and under this Agreement, on whatever terms the Buyer shall determine, pursuant to the Pooling and Servicing Agreement or otherwise. (c) The Buyer shall have the sole right to retain any gains or profits created by buying, selling or holding the Assigned Receivables and Related Rights and, except as expressly set forth in the Transaction Documents, shall have the sole risk of and responsibility for losses or damages created by such buying, selling or holding. (d) COMPUCOM AG hereby authorizes the Buyer, and irrevocably appoints the Buyer as its attorney-in-fact with full power of substitution and with full authority in the place and stead of COMPUCOMAG, which appointment is coupled with an interest, to take any and all steps in the name of COMPUCOM AG and on behalf of COMPUCOM AG necessary or desirable, in the determination of the Buyer, to collect any and all amounts or portions thereof due under any and all Assigned Receivables or Related Rights, including, without limitation, endorsing the name of COMPUCOM AG on checks and other instruments representing Collections and enforcing such Assigned Receivables and Related Rights.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Escalade Inc)

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