Sale of Future Receipts. Merchant(s) hereby sell, assign, and transfer to CEDAR (making CEDAR the absolute owner) in consideration of the funds provided (“Purchase Price”) specified above, all of each Merchant’s future accounts, contract rights, and other obligations arising from or relating to the payment of monies from each Merchant’s customers and/or other third party payors (the “Receivables”, defined as all payments made by cash, check, credit or debit card, electronic transfer, or other form of monetary payment in the ordinary course of each merchant’s business), for the payment of each Merchant’s sale of goods or services until the amount specified above (the “Receivables Purchased Amount”) has been delivered by Merchant(s) to CEDAR. Each Merchant hereby acknowledges that until the Receivables Purchased Amount has been received in full by CEDAR, each Merchant’s Receivables, up to the balance of the Receivables Purchased Amount, are the property of CEDAR and not the property of any Merchant. Each Merchant agrees that it is a fiduciary for CEDAR and that each Merchant will hold Receivables in trust for CEDAR in its capacity as a fiduciary for CEDAR. The Receivables Purchased Amount shall be paid to CEDAR by each Merchant irrevocably authorizing only one depositing account acceptable to CEDAR (the “Account”) to remit the percentage specified above (the “Specified Percentage”) of each Merchant’s settlement amounts due from each transaction, until such time as CEDAR receives payment in full of the Receivables Purchased Amount. Each Merchant hereby authorizes CEDAR to ACH debit the specified remittances and any applicable fees listed in Section 2 from the Account on a daily basis as of the next business day after the date of this Agreement and will provide CEDAR with all required access codes and monthly bank statements. Each Merchant understands that it will be held responsible for any fees resulting from a rejected ACH attempt or an Event of Default (see Section 2). CEDAR is not responsible for any overdrafts or rejected transactions that may result from CEDAR’s ACH debiting the Specified Percentage amounts under the terms of this Agreement. Each Merchant acknowledges and agrees that until the amount of the Receivables collected by CEDAR exceeds the amount of the Purchase Price, CEDAR will be permitted not treat any amount collected under this Agreement as profit for taxation and accounting purposes.
Appears in 10 contracts
Samples: Standard Merchant Cash Advance Agreement (Edible Garden AG Inc), Standard Merchant Cash Advance Agreement (La Rosa Holdings Corp.), Standard Merchant Cash Advance Agreement (La Rosa Holdings Corp.)
Sale of Future Receipts. Merchant(s) hereby sell, assign, and transfer to CEDAR (making CEDAR the absolute owner) in consideration of the funds provided (“Purchase Price”) specified above, all of each Merchant’s future accounts, contract rights, and other obligations arising from or relating to the payment of monies from each Merchant’s customers and/or other third party payors (the “Receivables”, defined as all payments made by cash, check, credit or debit card, electronic transfer, or other form of monetary payment in the ordinary course of each merchant’s business), for the payment of each Merchant’s sale of goods or services until the amount specified above (the “Receivables Purchased Amount”) has been delivered by Merchant(s) to CEDAR. Each Merchant hereby acknowledges that until the Receivables Purchased Amount has been received in full by CEDAR, each Merchant’s Receivables, up to the balance of the Receivables Purchased Amount, are the property of CEDAR and not the property of any Merchant. Each Merchant agrees that it is a fiduciary for CEDAR and that each Merchant will hold Receivables in trust for CEDAR in its capacity as a fiduciary for CEDAR. The Receivables Purchased Amount shall be paid to CEDAR by each Merchant irrevocably authorizing only one depositing account acceptable to CEDAR (the “Account”) to remit the percentage specified above (the “Specified Percentage”) of each Merchant’s settlement amounts due from each transaction, until such time as CEDAR receives payment in full of the Receivables Purchased Amount. Each Merchant hereby authorizes CEDAR to ACH debit the specified remittances and any applicable fees listed in Section 2 from the Account on a daily basis as of the next business day after the date of this Agreement and will provide CEDAR with all required access codes and monthly bank statements. Each Merchant understands that it will be held responsible for any fees resulting from a rejected ACH attempt or an Event of Default (see Section 2). CEDAR is not responsible for any overdrafts or rejected transactions that may result from CEDAR’s ACH debiting the Specified Percentage amounts under the terms of this Agreement. Each Merchant acknowledges and agrees that until the amount of the Receivables collected by CEDAR exceeds the amount of the Purchase Price, CEDAR will be permitted not treat any amount collected under this Agreement as profit for taxation and accounting purposes.
Appears in 3 contracts
Samples: Standard Merchant Cash Advance Agreement (Safe & Green Holdings Corp.), Standard Merchant Cash Advance Agreement (Safe & Green Holdings Corp.), Standard Merchant Cash Advance Agreement (Safe & Green Holdings Corp.)
Sale of Future Receipts. Merchant(s) hereby sell, assign, and transfer to CEDAR CCG (making CEDAR CCG the absolute owner) in consideration of the funds provided (“Purchase Price”) specified above, all of each Merchant’s future accounts, contract rights, and other obligations arising from or relating to the payment of monies from each Merchant’s customers and/or other third party payors (the “Receivables”, defined as all payments made by cash, check, credit or debit card, electronic transfer, or other form of monetary payment in the ordinary course of each merchant’s business), for the payment of each Merchant’s sale of goods or services until the amount specified above (the “Receivables Purchased Amount”) has been delivered by Merchant(s) to CEDARCCG. Each Merchant hereby acknowledges that until the Receivables Purchased Amount has been received in full by CEDARCCG, each Merchant’s Receivables, up to the balance of the Receivables Purchased Amount, are the property of CEDAR CCG and not the property of any Merchant. Each Merchant agrees that it is a fiduciary for CEDAR CCG and that each Merchant will hold Receivables in trust for CEDAR CCG in its capacity as a fiduciary for CEDARCCG. The Receivables Purchased Amount shall be paid to CEDAR CCG by each Merchant irrevocably authorizing only one depositing account acceptable to CEDAR CCG (the “Account”) to remit the percentage specified above (the “Specified Percentage”) of each Merchant’s settlement amounts due from each transaction, until such time as CEDAR CCG receives payment in full of the Receivables Purchased Amount. Each Merchant hereby authorizes CEDAR CCG to ACH debit the specified remittances and any applicable fees listed in Section 2 from the Account on a daily basis as of the next business day after the date of this Agreement and will provide CEDAR CCG with all required access codes and monthly bank statements. Each Merchant understands that it will be held responsible for any fees resulting from a rejected ACH attempt or an Event of Default (see Section 2). CEDAR CCG is not responsible for any overdrafts or rejected transactions that may result from CEDARCCG’s ACH debiting the Specified Percentage amounts under the terms of this Agreement. Each Merchant acknowledges and agrees that until the amount of the Receivables collected by CEDAR CCG exceeds the amount of the Purchase Price, CEDAR CCG will be permitted not treat any amount collected under this Agreement as profit for taxation and accounting purposes.
Appears in 2 contracts
Samples: Standard Merchant Cash Advance Agreement (First Person Ltd.), Standard Merchant Cash Advance Agreement (First Person Ltd.)
Sale of Future Receipts. Merchant(s) hereby sell, assign, and transfer to CEDAR CF (making CEDAR CF the absolute owner) in consideration of the funds provided (“Purchase Price”) specified above, all of each Merchant’s future accounts, contract rights, and other obligations arising from or relating to the payment of monies from each Merchant’s customers and/or other third party payors (the “Receivables”, defined as all payments made by cash, check, credit or debit card, electronic transfer, or other form of monetary payment in the ordinary course of each merchant’s business), for the payment of each Merchant’s sale of goods or services until the amount specified above (the “Receivables Purchased Amount”) has been delivered by Merchant(s) to CEDARCF. Each Merchant hereby acknowledges that until the Receivables Purchased Amount has been received in full by CEDARCF, each Merchant’s Receivables, up to the balance of the Receivables Purchased Amount, are the property of CEDAR CF and not the property of any Merchant. Each Merchant agrees that it is a fiduciary for CEDAR CF and that each Merchant will hold Receivables in trust for CEDAR CF in its capacity as a fiduciary for CEDARCF. The Receivables Purchased Amount shall be paid to CEDAR CF by each Merchant irrevocably authorizing only one depositing account acceptable to CEDAR CF (the “Account”) to remit the percentage specified above (the “Specified Percentage”) of each Merchant’s settlement amounts due from each transaction, until such time as CEDAR CF receives payment in full of the Receivables Purchased Amount. Each Merchant hereby authorizes CEDAR CF to ACH debit the specified remittances and any applicable fees listed in Section 2 from the Account on a daily basis as of the next business day after the date of this Agreement and will provide CEDAR CF with all required access codes and monthly bank statements. Each Merchant understands that it will be held responsible for any fees resulting from a rejected ACH attempt or an Event of Default (see Section 2). CEDAR CF is not responsible for any overdrafts or rejected transactions that may result from CEDAR’s CF’ s ACH debiting the Specified Percentage amounts under the terms of this Agreement. Each Merchant acknowledges and agrees that until the amount of the Receivables collected by CEDAR exceeds the amount of the Purchase Price, CEDAR will be permitted not treat any amount collected under this Agreement as profit for taxation and accounting purposes.
Appears in 2 contracts
Samples: Merchant Cash Advance Agreement, Merchant Cash Advance Agreement
Sale of Future Receipts. Merchant(s) hereby sell, assign, and transfer to CEDAR XXXX (making CEDAR XXXX the absolute owner) in consideration of the funds provided (“Purchase Price”) specified above, all of each Merchant’s future accounts, contract rights, and other obligations arising from or relating to the payment of monies from each Merchant’s customers and/or other third party payors (the “Receivables”, defined as all payments made by cash, check, credit or debit card, electronic transfer, or other form of monetary payment in the ordinary course of each merchant’s business), for the payment of each Merchant’s sale of goods or services until the amount specified above (the “Receivables Purchased Amount”) has been delivered by Merchant(s) to CEDARXXXX. Each Merchant hereby acknowledges that until the Receivables Purchased Amount has been received in full by CEDARXXXX, each Merchant’s Receivables, up to the balance of the Receivables Purchased Amount, are the property of CEDAR XXXX and not the property of any Merchant. Each Merchant agrees that it is a fiduciary for CEDAR XXXX and that each Merchant will hold Receivables in trust for CEDAR XXXX in its capacity as a fiduciary for CEDARXXXX. The Receivables Purchased Amount shall be paid to CEDAR XXXX by each Merchant irrevocably authorizing only one depositing account acceptable to CEDAR XXXX (the “Account”) to remit the percentage specified above (the “Specified Percentage”) of each Merchant’s settlement amounts due from each transaction, until such time as CEDAR XXXX receives payment in full of the Receivables Purchased Amount. Each Merchant hereby authorizes CEDAR XXXX to ACH debit the specified remittances and any applicable fees listed in Section 2 from the Account on a daily basis as of the next business day after the date of this Agreement and will provide CEDAR XXXX with all required access codes and monthly bank statements. Each Merchant understands that it will be held responsible for any fees resulting from a rejected ACH attempt or an Event of Default (see Section 2). CEDAR XXXX is not responsible for any overdrafts or rejected transactions that may result from CEDARALVA’s ACH debiting the Specified Percentage amounts under the terms of this Agreement. Each Merchant acknowledges and agrees that until the amount of the Receivables collected by CEDAR exceeds the amount of the Purchase Price, CEDAR will be permitted not treat any amount collected under this Agreement as profit for taxation and accounting purposes.
Appears in 2 contracts
Samples: Standard Merchant Cash Advance Agreement, Standard Merchant Cash Advance Agreement
Sale of Future Receipts. Merchant(s) hereby sell, assign, and transfer to CEDAR ALPINE (making CEDAR ALPINE the absolute owner) in consideration of the funds provided (“Purchase Price”) specified above, all of each Merchant’s future accounts, contract rights, and other obligations arising from or relating to the payment of monies from each Merchant’s customers and/or other third party payors (the “Receivables”, defined as all payments made by cash, check, credit or debit card, electronic transfer, or other form of monetary payment in the ordinary course of each merchant’s business), for the payment of each Merchant’s sale of goods or services until the amount specified above (the “Receivables Purchased Amount”) has been delivered by Merchant(s) to CEDARALPINE. Each Merchant hereby acknowledges that until the Receivables Purchased Amount has been received in full by CEDARALPINE, each Merchant’s Receivables, up to the balance of the Receivables Purchased Amount, are the property of CEDAR ALPINE and not the property of any Merchant. Each Merchant agrees that it is a fiduciary for CEDAR ALPINE and that each Merchant will hold Receivables in trust for CEDAR ALPINE in its capacity as a fiduciary for CEDARALPINE. The Receivables Purchased Amount shall be paid to CEDAR ALPINE by each Merchant irrevocably authorizing only one depositing account acceptable to CEDAR ALPINE (the “Account”) to remit the percentage specified above (the “Specified Percentage”) of each Merchant’s settlement amounts due from each transaction, until such time as CEDAR ALPINE receives payment in full of the Receivables Purchased Amount. Each Merchant hereby authorizes CEDAR ALPINE to ACH debit the specified remittances and any applicable fees listed in Section 2 from the Account on a daily basis as of the next business day after the date of this Agreement and will provide CEDAR ALPINE with all required access codes and monthly bank statements. Each Merchant understands that it will be held responsible for any fees resulting from a rejected ACH attempt or an Event of Default (see Section 2). CEDAR ALPINE is not responsible for any overdrafts or rejected transactions that may result from CEDARALPINE’s ACH debiting the Specified Percentage amounts under the terms of this Agreement. Each Merchant acknowledges and agrees that until the amount of the Receivables collected by CEDAR ALPINE exceeds the amount of the Purchase Price, CEDAR ALPINE will be permitted not treat any amount collected under this Agreement as profit for taxation and accounting purposes.
Appears in 1 contract
Sale of Future Receipts. Merchant(s) hereby sell, assign, and transfer to CEDAR XXXX (making CEDAR XXXX the absolute owner) in consideration of the funds provided (“Purchase Price”) specified above, all of each Merchant’s future accounts, ________________ contract rights, and other obligations arising from or relating to the payment of monies from each Merchant’s customers and/or other third party payors (the “Receivables”, defined as all payments made by cash, check, credit or debit card, electronic transfer, or other form of monetary payment in the ordinary course of each merchant’s business), for the payment of each Merchant’s sale of goods or services until the amount specified above (the “Receivables Purchased Amount”) has been delivered by Merchant(s) to CEDARXXXX. Each Merchant hereby acknowledges that until the Receivables Purchased Amount has been received in full by CEDARXXXX, each Merchant’s Receivables, up to the balance of the Receivables Purchased Amount, are the property of CEDAR XXXX and not the property of any Merchant. Each Merchant agrees that it is a fiduciary for CEDAR XXXX and that each Merchant will hold Receivables in trust for CEDAR XXXX in its capacity as a fiduciary for CEDARXXXX. The Receivables Purchased Amount shall be paid to CEDAR XXXX by each Merchant irrevocably authorizing only one depositing account acceptable to CEDAR XXXX (the “Account”) to remit the percentage specified above (the “Specified Percentage”) of each Merchant’s settlement amounts due from each transaction, until such time as CEDAR XXXX receives payment in full of the Receivables Purchased Amount. Each Merchant hereby authorizes CEDAR XXXX to ACH debit the specified remittances and any applicable fees listed in Section 2 from the Account on a daily basis as of the next business day after the date of this Agreement and will provide CEDAR XXXX with all required access codes and monthly bank statements. Each Merchant understands that it will be held responsible for any fees resulting from a rejected ACH attempt or an Event of Default (see Section 2). CEDAR XXXX is not responsible for any overdrafts or rejected transactions that may result from CEDARALVA’s ACH debiting the Specified Percentage amounts under the terms of this Agreement. Each Merchant acknowledges and agrees that until the amount of the Receivables collected by CEDAR exceeds the amount of the Purchase Price, CEDAR will be permitted not treat any amount collected under this Agreement as profit for taxation and accounting purposes.
Appears in 1 contract
Samples: Merchant Cash Advance Agreement
Sale of Future Receipts. Merchant(s) hereby sell, assign, and transfer to CEDAR (making CEDAR the absolute owner) in consideration of the funds provided (“Purchase Price”) specified above, all of each Merchant’s future accounts, contract rights, and other obligations arising from or relating to the payment of monies from each Merchant’s customers and/or other third party payors (the “Receivables”, defined as all payments made by cash, check, credit or debit card, electronic transfer, or other form of monetary payment in the ordinary course of each merchant’s business), for the payment of each Merchant’s sale of goods or services until the amount specified above (the “Receivables Purchased Amount”) has been delivered by Merchant(s) to CEDAR. Each Merchant hereby acknowledges that until the Receivables Purchased Amount has been received in full by CEDAR, each Merchant’s Receivables, up to the balance of the Receivables Purchased Amount, are the property of CEDAR and not the property of any Merchant. Each Merchant agrees that it is a fiduciary for CEDAR and that each Merchant will hold Receivables in trust for CEDAR in its capacity as a fiduciary for CEDAR. The Receivables Purchased Amount shall be paid to CEDAR by each Merchant irrevocably authorizing only one depositing account acceptable to CEDAR (the “Account”) to remit the percentage specified above (the “Specified Percentage”) of each Merchant’s settlement amounts due from each transaction, until such time as CEDAR receives payment in full of the Receivables Purchased Amount. Each Merchant hereby authorizes CEDAR to ACH debit the specified remittances and any applicable fees listed in Section 2 from the Account on a daily basis as of the next business day after the date of this Agreement and will provide CEDAR with all required access codes and monthly bank statements. Each Merchant understands that it will be held responsible for any fees resulting from a rejected ACH attempt or an Event of Default (see Section 2). CEDAR is not responsible for any overdrafts or rejected transactions that may result from CEDAR’s ACH debiting the Specified Percentage amounts under the terms of this Agreement. Each Merchant acknowledges and agrees that until the amount of the Receivables collected by CEDAR exceeds the amount of the Purchase Price, CEDAR will be permitted not treat any amount collected under this Agreement as profit for taxation and accounting purposes. 2.
Appears in 1 contract
Samples: Standard Merchant Cash Advance Agreement (Ameriguard Security Services, Inc.)
Sale of Future Receipts. Merchant(s) hereby sell, assign, and transfer to CEDAR SA2 (making CEDAR SA2 the absolute owner) in consideration of the funds provided (“Purchase Price”) specified above, all of each Merchant’s future accounts, contract rights, and other obligations arising from or relating to the payment of monies from each Merchant’s customers and/or other third party payors (the “Receivables”, defined as all payments made by cash, check, credit or debit card, electronic transfer, or other form of monetary payment in the ordinary course of each merchant’s business), for the payment of each Merchant’s sale of goods or services until the amount specified above (the “Receivables Purchased Amount”) has been delivered by Merchant(s) to CEDARSA2. Each Merchant hereby acknowledges that until the Receivables Purchased Amount has been received in full by CEDARSA2, each Merchant’s Receivables, up to the balance of the Receivables Purchased Amount, are the property of CEDAR SA2 and not the property of any Merchant. Each Merchant agrees that it is a fiduciary for CEDAR SA2 and that each Merchant will hold Receivables in trust for CEDAR SA2 in its capacity as a fiduciary for CEDARSA2. The Receivables Purchased Amount shall be paid to CEDAR SA2 by each Merchant irrevocably authorizing only one depositing account acceptable to CEDAR SA2 (the “Account”) to remit the percentage specified above (the “Specified Percentage”) of each Merchant’s settlement amounts due from each transaction, until such time as CEDAR SA2 receives payment in full of the Receivables Purchased Amount. Each Merchant hereby authorizes CEDAR SA2 to ACH debit the specified remittances and any applicable fees listed in Section 2 from the Account on a daily basis as of the next business day after the date of this Agreement and will provide CEDAR SA2 with all required access codes and monthly bank statements. Each Merchant understands that it will be held responsible for any fees resulting from a rejected ACH attempt or an Event of Default (see Section 2). CEDAR SA2 is not responsible for any overdrafts or rejected transactions that may result from CEDARSA2’s ACH debiting the Specified Percentage amounts under the terms of this Agreement. Each Merchant acknowledges and agrees that until the amount of the Receivables collected by CEDAR exceeds the amount of the Purchase Price, CEDAR will be permitted not treat any amount collected under this Agreement as profit for taxation and accounting purposes.
Appears in 1 contract
Samples: Merchant Cash Advance Agreement (Emmaus Life Sciences, Inc.)
Sale of Future Receipts. Merchant(s) hereby sell, assign, and transfer to CEDAR XXXX (making CEDAR XXXX the absolute owner) in consideration of the funds provided (“Purchase Price”) specified above, all of each Merchant’s future accounts, contract rights, and other obligations arising from or relating to the payment of monies from each Merchant’s customers and/or other third party payors (the “Receivables”, defined as all payments made by cash, check, credit or debit card, electronic transfer, or other form of monetary payment in the ordinary course of each merchant’s business), for the payment of each Merchant’s sale of goods or services until the amount specified above (the “Receivables Purchased Amount”) has been delivered by Merchant(s) to CEDARXXXX. Each Merchant hereby acknowledges that until the Receivables Purchased Amount has been received in full by CEDARXXXX, each Merchant’s Receivables, up to the balance of the Receivables Purchased Amount, ___________________ are the property of CEDAR XXXX and not the property of any Merchant. Each Merchant agrees that it is a fiduciary for CEDAR XXXX and that each Merchant will hold Receivables in trust for CEDAR XXXX in its capacity as a fiduciary for CEDARXXXX. The Receivables Purchased Amount shall be paid to CEDAR XXXX by each Merchant irrevocably authorizing only one depositing account acceptable to CEDAR XXXX (the “Account”) to remit the percentage specified above (the “Specified Percentage”) of each Merchant’s settlement amounts due from each transaction, until such time as CEDAR XXXX receives payment in full of the Receivables Purchased Amount. Each Merchant hereby authorizes CEDAR XXXX to ACH debit the specified remittances and any applicable fees listed in Section 2 from the Account on a daily basis as of the next business day after the date of this Agreement and will provide CEDAR XXXX with all required access codes and monthly bank statements. Each Merchant understands that it will be held responsible for any fees resulting from a rejected ACH attempt or an Event of Default (see Section 2). CEDAR XXXX is not responsible for any overdrafts or rejected transactions that may result from CEDARALVA’s ACH debiting the Specified Percentage amounts under the terms of this Agreement. Each Merchant acknowledges and agrees that until the amount of the Receivables collected by CEDAR exceeds the amount of the Purchase Price, CEDAR will be permitted not treat any amount collected under this Agreement as profit for taxation and accounting purposes.
Appears in 1 contract
Sale of Future Receipts. Merchant(s) hereby sell, assign, and transfer to CEDAR TVT (making CEDAR TVT the absolute owner) in consideration of the funds provided (“Purchase Price”) specified above, all of each Merchant’s future accounts, contract rights, and other obligations arising from or relating to the payment of monies from each Merchant’s customers and/or other third party payors (the “Receivables”, defined as all payments made by cash, check, credit or debit card, electronic transfer, or other form of monetary payment in the ordinary course of each merchant’s business), for the payment of each Merchant’s sale of goods or services until the amount specified above (the “Receivables Purchased Amount”) has been delivered by Merchant(s) to CEDARTVT. Each Merchant hereby acknowledges that until the Receivables Purchased Amount has been received in full by CEDARTVT, each Merchant’s Receivables, up to the balance of the Receivables Purchased Amount, are the property of CEDAR TVT and not the property of any Merchant. Each Merchant agrees that it is a fiduciary for CEDAR TVT and that each Merchant will hold Receivables in trust for CEDAR TVT in its capacity as a fiduciary for CEDARTVT. The Receivables Purchased Amount shall be paid to CEDAR TVT by each Merchant irrevocably authorizing only one depositing account acceptable to CEDAR TVT (the “Account”) to remit the percentage specified above (the “Specified Percentage”) of each Merchant’s settlement amounts due from each transaction, until such time as CEDAR TVT receives payment in full of the Receivables Purchased Amount. Each Merchant hereby authorizes CEDAR TVT to ACH debit in one or more ACH transactions the specified remittances and any applicable fees listed in Section 2 from the Account on a daily basis (unless a different frequency is provided for herein) as of the next business day after the date of this Agreement and will provide CEDAR TVT with all required access codes and monthly bank statements. Each Merchant understands that it will be held responsible for any fees resulting from a rejected ACH attempt or an Event of Default (see Section 2). CEDAR TVT is not responsible for any overdrafts or rejected transactions that may result from CEDARTVT’s ACH debiting the Specified Percentage amounts under the terms of this Agreement. Each Merchant acknowledges and agrees that until the amount of the Receivables collected by CEDAR TVT exceeds the amount of the Purchase Price, CEDAR TVT will be permitted not to treat any amount collected under this Agreement as profit for taxation and accounting purposes. 2.
Appears in 1 contract
Samples: Merchant Cash Advance Agreement (Ameriguard Security Services, Inc.)
Sale of Future Receipts. Merchant(s) hereby sell, assign, and transfer to CEDAR DC26 (making CEDAR DC26 the absolute owner) in consideration of the funds provided (“Purchase Price”) specified above, all of each Merchant’s future accounts, contract rights, and other obligations arising from or relating to the payment of monies from each Merchant’s customers and/or other third party payors (the “Receivables”, defined as all payments made by cash, check, credit or debit card, electronic transfer, or other form of monetary payment in the ordinary course of each merchant’s business), for the payment of each Merchant’s sale of goods or services until the amount specified above (the “Receivables Purchased Amount”) has been delivered by Merchant(s) to CEDARDC26. Each Merchant hereby acknowledges that until the Receivables Purchased Amount has been received in full by CEDARDC26, each Merchant’s Receivables, up to the balance of the Receivables Purchased Amount, are the property of CEDAR DC26 and not the property of any Merchant. Each Merchant agrees that it is a fiduciary for CEDAR DC26 and that each Merchant will hold Receivables in trust for CEDAR DC26 in its capacity as a fiduciary for CEDARDC26. The Receivables Purchased Amount shall be paid to CEDAR DC26 by each Merchant irrevocably authorizing only one depositing account acceptable to CEDAR DC26 (the “Account”) to remit the percentage specified above (the “Specified Percentage”) of each Merchant’s settlement amounts due from each transaction, until such time as CEDAR DC26 receives payment in full of the Receivables Purchased Amount. Each Merchant hereby authorizes CEDAR DC26 to ACH debit the specified remittances and any applicable fees listed in Section 2 from the Account on a daily basis as of the next business day after the date of this Agreement and will provide CEDAR DC26 with all required access codes and monthly bank statements. Each Merchant understands that it will be held responsible for any fees resulting from a rejected ACH attempt or an Event of Default (see Section 2). CEDAR DC26 is not responsible for any overdrafts or rejected transactions that may result from CEDARDC26’s ACH debiting the Specified Percentage amounts under the terms of this Agreement. Each Merchant acknowledges and agrees that until the amount of the Receivables collected by CEDAR exceeds the amount of the Purchase Price, CEDAR will be permitted not treat any amount collected under this Agreement as profit for taxation and accounting purposes.
Appears in 1 contract
Sale of Future Receipts. Merchant(s) hereby sell, assign, and transfer to CEDAR PAZ (making CEDAR PAZ the absolute owner) in consideration of the funds provided (“Purchase Price”) specified above, all of each Merchant’s 's future accounts, contract rights, and other obligations arising from or relating to the payment of monies from each Merchant’s 's customers and/or other third party payors (the “Receivables”, defined as all payments made by cash, check, credit or debit card, electronic transfer, or other form of monetary payment in the ordinary course of each merchant’s 's business), for the payment of each Merchant’s 's sale of goods or services until the amount specified above (the “Receivables Purchased Amount”) has been delivered by Merchant(s) to CEDARPAZ. Each Merchant hereby acknowledges that until the Receivables Purchased Amount has been received in full by CEDARPAZ, each Merchant’s 's Receivables, up to the balance of the Receivables Purchased Amount, are the property of CEDAR PAZ and not the property of any Merchant. Each Merchant agrees that it is a fiduciary for CEDAR PAZ and that each Merchant will hold Receivables in trust for CEDAR PAZ in its capacity as a fiduciary for CEDARPAZ. The Receivables Purchased Amount shall be paid to CEDAR PAZ by each Merchant irrevocably authorizing only one depositing account acceptable to CEDAR PAZ (the “Account”) to remit the percentage specified above (the “Specified Percentage”) of each Merchant’s 's settlement amounts due from each transaction, until such time as CEDAR PAZ receives payment in full of the Receivables Purchased Amount. Each Merchant hereby authorizes CEDAR PAZ to ACH debit the specified remittances and any applicable fees listed in Section 2 from the Account on a daily basis as of the next business day after the date of this Agreement and will provide CEDAR PAZ with all required access codes and monthly bank statements. Each Merchant understands that it will be held responsible for any fees resulting from a rejected ACH attempt or an Event of Default (see Section 2). CEDAR XXX is not responsible for any overdrafts or rejected transactions that may result from CEDAR’s PAZ's ACH debiting the Specified Percentage amounts under the terms of this Agreement. Each Merchant acknowledges and agrees that until the amount of the Receivables collected by CEDAR exceeds the amount of the Purchase Price, CEDAR will be permitted not treat any amount collected under this Agreement as profit for taxation and accounting purposes.
Appears in 1 contract
Samples: Merchant Cash Advance Agreement
Sale of Future Receipts. Merchant(s) hereby sell, assign, and transfer to CEDAR CURVE (making CEDAR CURVE the absolute owner) in consideration of the funds provided (“Purchase Price”) specified above, all of each Merchant’s future accounts, contract rights, and other obligations arising from or relating to the payment of monies from each Merchant’s customers and/or other third party payors (the “Receivables”, defined as all payments made by cash, check, credit or debit card, electronic transfer, or other form of monetary payment in the ordinary course of each merchant’s business), for the payment of each Merchant’s sale of goods or services until the amount specified above (the “Receivables Purchased Amount”) has been delivered by Merchant(s) to CEDARCURVE. Each Merchant hereby acknowledges that until the Receivables Purchased Amount has been received in full by CEDARCURVE, each Merchant’s Receivables, up to the balance of the Receivables Purchased Amount, are the property of CEDAR CURVE and not the property of any Merchant. Each Merchant agrees that it is a fiduciary for CEDAR CURVE and that each Merchant will hold Receivables in trust for CEDAR CURVE in its capacity as a fiduciary for CEDARCURVE. The Receivables Purchased Amount shall be paid to CEDAR CURVE by each Merchant irrevocably authorizing only one depositing account acceptable to CEDAR CURVE (the “Account”) to remit the percentage specified above (the “Specified Percentage”) of each Merchant’s settlement amounts due from each transaction, until such time as CEDAR CURVE receives payment in full of the Receivables Purchased Amount. Each Merchant hereby authorizes CEDAR CURVE to ACH debit the specified remittances and any applicable fees listed in Section 2 from the Account on a daily basis as of the next business day after the date of this Agreement and will provide CEDAR CURVE with all required access codes and monthly bank statements. Each Merchant understands that it will be held responsible for any fees resulting from a rejected ACH attempt or an Event of Default (see Section 2). CEDAR CURVE is not responsible for any overdrafts or rejected transactions that may result from CEDAR’s CURVE’S ACH debiting the Specified Percentage amounts under the terms of this Agreement. Each Merchant acknowledges and agrees that until the amount of the Receivables collected by CEDAR CURVE exceeds the amount of the Purchase Price, CEDAR CURVE will be permitted not treat any amount collected under this Agreement as profit for taxation and accounting purposes.
Appears in 1 contract
Samples: Standard Merchant Cash Advance Agreement (First Person Ltd.)
Sale of Future Receipts. Merchant(s) hereby sell, assign, and transfer to CEDAR MFG (making CEDAR MFG the absolute owner) in consideration of the funds provided (“Purchase Price”) specified above, all of each Merchant’s future accounts, contract rights, and other obligations arising from or relating to the payment of monies from each Merchant’s customers and/or other third party payors (the “Receivables”, defined as all payments made by cash, check, credit or debit card, electronic transfer, or other form of monetary payment in the ordinary course of each merchant’s business), for the payment of each Merchant’s sale of goods or services until the amount specified above (the “Receivables Purchased Amount”) has been delivered by Merchant(s) to CEDARMFG. Each Merchant hereby acknowledges that until the Receivables Purchased Amount has been received in full by CEDARMFG, each Merchant’s Receivables, up to the balance of the Receivables Purchased Amount, are the property of CEDAR MFG and not the property of any Merchant. Each Merchant agrees that it is a fiduciary for CEDAR MFG and that each Merchant will hold Receivables in trust for CEDAR MFG in its capacity as a fiduciary for CEDARMFG. _________ The Receivables Purchased Amount shall be paid to CEDAR MFG by each Merchant irrevocably authorizing only one depositing account acceptable to CEDAR MFG (the “Account”) to remit the percentage specified above (the “Specified Percentage”) of each Merchant’s settlement amounts due from each transaction, until such time as CEDAR MFG receives payment in full of the Receivables Purchased Amount. Each Merchant hereby authorizes CEDAR MFG to ACH debit the specified remittances and any applicable fees listed in Section 2 from the Account on a daily basis as of the next business day after the date of this Agreement and will provide CEDAR MFG with all required access codes and monthly bank statements. Each Merchant understands that it will be held responsible for any fees resulting from a rejected ACH attempt or an Event of Default (see Section 2). CEDAR MFG is not responsible for any overdrafts or rejected transactions that may result from CEDAR’s MFG's ACH debiting the Specified Percentage amounts under the terms of this Agreement. Each Merchant acknowledges and agrees that until the amount of the Receivables collected by CEDAR exceeds the amount of the Purchase Price, CEDAR will be permitted not treat any amount collected under this Agreement as profit for taxation and accounting purposes.
Appears in 1 contract
Sale of Future Receipts. Merchant(s) hereby sell, assign, and transfer to CEDAR WAVE (making CEDAR WAVE the absolute owner) in consideration of the funds provided (“Purchase Price”) specified above, all of each Merchant’s future accounts, contract rights, and other obligations arising from or relating to the payment of monies from each Merchant’s customers and/or other third party payors (the “Receivables”, defined as all payments made by cash, check, credit or debit card, electronic transfer, or other form of monetary payment in the ordinary course of each merchant’s business), for the payment of each Merchant’s sale of goods or services until the amount specified above (the “Receivables Purchased Amount”) has been delivered by Merchant(s) to CEDARWAVE. Each Merchant hereby acknowledges that until the Receivables Purchased Amount has been received in full by CEDARWAVE, each Merchant’s Receivables, up to the balance of the Receivables Purchased Amount, are the property of CEDAR WAVE and not the property of any Merchant. Each Merchant agrees that it is a fiduciary for CEDAR WAVE and that each Merchant will hold Receivables in trust for CEDAR WAVE in its capacity as a fiduciary for CEDARWAVE. The Receivables Purchased Amount shall be paid to CEDAR WAVE by each Merchant irrevocably authorizing only one depositing account acceptable to CEDAR WAVE (the “Account”) to remit the percentage specified above (the “Specified Percentage”) of each Merchant’s settlement amounts due from each transaction, until such time as CEDAR WAVE receives payment in full of the Receivables Purchased Amount. Each Merchant hereby authorizes CEDAR WAVE to ACH debit the specified remittances and any applicable fees listed in Section 2 from the Account on a daily basis as of the next business day after the date of this Agreement and will provide CEDAR WAVE with all required access codes and monthly bank statements. Each Merchant understands that it will be held responsible for any fees resulting from a rejected ACH attempt or an Event of Default (see Section 2). CEDAR WAVE is not responsible for any overdrafts or rejected transactions that may result from CEDARWAVE’s ACH debiting the Specified Percentage amounts under the terms of this Agreement. Each Merchant acknowledges and agrees that until the amount of the Receivables collected by CEDAR WAVE exceeds the amount of the Purchase Price, CEDAR WAVE will be permitted not treat any amount collected under this Agreement as profit for taxation and accounting purposes.
Appears in 1 contract
Samples: Standard Merchant Cash Advance Agreement (PARTS iD, Inc.)
Sale of Future Receipts. Merchant(s) hereby sell, assign, and transfer to CEDAR KK (making CEDAR KK the absolute owner) in consideration of the funds provided (“Purchase Price”) specified above, all of each Merchant’s 's future accounts, contract rights, and other obligations arising from or relating to the payment of monies from each Merchant’s 's customers and/or other third party payors (the “Receivables”, defined as all payments made by cash, check, credit or debit card, electronic transfer, or other form of monetary payment in the ordinary course of each merchant’s 's business), for the payment of each Merchant’s 's sale of goods or services until the amount specified above (the “Receivables Purchased Amount”) has been delivered by Merchant(s) to CEDARKK. Each Merchant hereby acknowledges that until the Receivables Purchased Amount has been received in full by CEDARKK, each Merchant’s 's Receivables, up to the balance of the Receivables Purchased Amount, are the property of CEDAR KK and not the property of any Merchant. Each Merchant agrees that it is a fiduciary for CEDAR KK and that each Merchant will hold Receivables in trust for CEDAR KK in its capacity as a fiduciary for CEDARKK. The Receivables Purchased Amount shall be paid to CEDAR KK by each Merchant irrevocably authorizing only one depositing account acceptable to CEDAR KK (the “Account”) to remit the percentage specified above (the “Specified Percentage”) of each Merchant’s 's settlement amounts due from each transaction, until such time as CEDAR KK receives payment in full of the Receivables Purchased Amount. Each Merchant hereby authorizes CEDAR KK to ACH debit the specified remittances and any applicable fees listed in Section 2 from the Account on a daily basis as of the next business day after the date of this Agreement and will provide CEDAR KK with all required access codes and monthly bank statements. Each Merchant understands that it will be held responsible for any fees resulting from a rejected ACH attempt or an Event of Default (see Section 2). CEDAR KK is not responsible for any overdrafts or rejected transactions that may result from CEDAR’s KK's ACH debiting the Specified Percentage amounts under the terms of this Agreement. Each Merchant acknowledges and agrees that until the amount of the Receivables collected by CEDAR exceeds the amount of the Purchase Price, CEDAR will be permitted not treat any amount collected under this Agreement as profit for taxation and accounting purposes.
Appears in 1 contract
Samples: Merchant Cash Advance Agreement
Sale of Future Receipts. Merchant(s) hereby sell, assign, and transfer to CEDAR WAVE (making CEDAR WAVE the absolute owner) in consideration of the funds provided (“Purchase Price”) specified above, all of each Merchant’s future accounts, contract rights, and other obligations arising from or relating to the payment of monies from each Merchant’s customers and/or other third party payors (the “Receivables”, defined as all payments made by cash, check, credit or debit card, electronic transfer, or other form of monetary payment in the ordinary course of each merchant’s business), for the payment of each Merchant’s sale of goods or services until the amount specified above (the “Receivables Purchased Amount”) has been delivered by Merchant(s) to CEDARWAVE. Each Merchant hereby acknowledges that until the Receivables Purchased Amount has been received in full by CEDARWAVE, each Merchant’s Receivables, up to the balance of the Receivables Purchased Amount, are the property of CEDAR WAVE and not the property of any Merchant. Each Merchant agrees that it is a fiduciary for CEDAR WAVE and that each Merchant will hold Receivables in trust for CEDAR WAVE in its capacity as a fiduciary for CEDARWAVE. The Receivables Purchased Amount shall be paid to CEDAR WAVE by each Merchant irrevocably authorizing only one depositing account acceptable to CEDAR WAVE (the “Account”) to remit the percentage specified above (the “Specified Percentage”) of each Merchant’s settlement amounts due from each transaction, until such time as CEDAR WAVE receives payment in full of the Receivables Purchased Amount. Each Merchant hereby authorizes CEDAR WAVE to ACH debit the specified remittances and any applicable fees listed in Section 2 from the Account on a daily basis as of the next business day after the date of this Agreement and will provide CEDAR WAVE with all required access codes and monthly bank statements. Each Merchant understands that it will be held responsible for any fees resulting from a rejected ACH attempt or an Event of Default (see Section 2). CEDAR WAVE is not responsible for any overdrafts or rejected transactions that may result from CEDARWAVE’s ACH debiting the Specified Percentage amounts under the terms of this Agreement. Each Merchant acknowledges and agrees that until the amount of the Receivables collected by CEDAR exceeds the amount of the Purchase Price, CEDAR will be permitted not treat any amount collected under this Agreement as profit for taxation and accounting purposes.
Appears in 1 contract
Samples: Standard Merchant Cash Advance Agreement (PARTS iD, Inc.)
Sale of Future Receipts. Merchant(s) hereby sell, assign, and transfer to CEDAR XXXX (making CEDAR XXXX the absolute owner) in consideration of the funds provided (“Purchase Price”) specified above, all of each Merchant’s future accounts, contract rights, and other obligations arising from or relating to the payment of monies from each Merchant’s customers and/or other third party payors (the “Receivables”, defined as all payments made by cash, check, credit or debit card, electronic transfer, or other form of monetary payment in the ordinary course of each merchant’s business), for the payment of each Merchant’s sale of goods or services until the amount specified above (the “Receivables Purchased Amount”) has been delivered by Merchant(s) to CEDARXXXX. Each Merchant hereby acknowledges that until the Receivables Purchased Amount has been received in full by CEDARXXXX, each Merchant’s Receivables, up to the balance of the Receivables Purchased Amount, ____ are the property of CEDAR XXXX and not the property of any Merchant. Each Merchant agrees that it is a fiduciary for CEDAR XXXX and that each Merchant will hold Receivables in trust for CEDAR XXXX in its capacity as a fiduciary for CEDARXXXX. The Receivables Purchased Amount shall be paid to CEDAR XXXX by each Merchant irrevocably authorizing only one depositing account acceptable to CEDAR XXXX (the “Account”) to remit the percentage specified above (the “Specified Percentage”) of each Merchant’s settlement amounts due from each transaction, until such time as CEDAR XXXX receives payment in full of the Receivables Purchased Amount. Each Merchant hereby authorizes CEDAR XXXX to ACH debit the specified remittances and any applicable fees listed in Section 2 from the Account on a daily basis as of the next business day after the date of this Agreement and will provide CEDAR XXXX with all required access codes and monthly bank statements. Each Merchant understands that it will be held responsible for any fees resulting from a rejected ACH attempt or an Event of Default (see Section 2). CEDAR XXXX is not responsible for any overdrafts or rejected transactions that may result from CEDARALVA’s ACH debiting the Specified Percentage amounts under the terms of this Agreement. Each Merchant acknowledges and agrees that until the amount of the Receivables collected by CEDAR exceeds the amount of the Purchase Price, CEDAR will be permitted not treat any amount collected under this Agreement as profit for taxation and accounting purposes.
Appears in 1 contract
Samples: Merchant Cash Advance Agreement
Sale of Future Receipts. Merchant(s) hereby sell, assign, and transfer to CEDAR KYF (making CEDAR KYF the absolute owner) in consideration of the funds provided (“Purchase Price”) specified above, all of each Merchant’s future accounts, contract rights, and other obligations arising from or relating to the payment of monies from each Merchant’s customers and/or other third party payors (the “Receivables”, defined as all payments made by cash, check, credit or debit card, electronic transfer, or other form of monetary payment in the ordinary course of each merchant’s business), for the payment of each Merchant’s sale of goods or services until the amount specified above (the “Receivables Purchased Amount”) has been delivered by Merchant(s) to CEDARKYF. Each Merchant hereby acknowledges that until the Receivables Purchased Amount has been received in full by CEDARKYF, each Merchant’s Receivables, up to the balance of the Receivables Purchased Amount, are the property of CEDAR KYF and not the property of any Merchant. Each Merchant agrees that it is a fiduciary for CEDAR KYF and that each Merchant will hold Receivables in trust for CEDAR KYF in its capacity as a fiduciary for CEDARKYF. The Receivables Purchased Amount shall be paid to CEDAR KYF by each Merchant irrevocably authorizing only one depositing account acceptable to CEDAR KYF (the “Account”) to remit the percentage specified above (the “Specified Percentage”) of each Merchant’s settlement amounts due from each transaction, until such time as CEDAR KYF receives payment in full of the Receivables Purchased Amount. Each Merchant hereby authorizes CEDAR KYF to ACH debit the specified remittances and any applicable fees listed in Section 2 from the Account on a daily basis as of the next business day after the date of this Agreement and will provide CEDAR KYF with all required access codes and monthly bank statements. Each Merchant understands that it will be held responsible for any fees resulting from a rejected ACH attempt or an Event of Default (see Section 2). CEDAR KYF is not responsible for any overdrafts or rejected transactions that may result from CEDARKYF’s ACH debiting the Specified Percentage amounts under the terms of this Agreement. Each Merchant acknowledges and agrees that until the amount of the Receivables collected by CEDAR KYF exceeds the amount of the Purchase Price, CEDAR KYF will be permitted not treat any amount collected under this Agreement as profit for taxation and accounting purposes.
Appears in 1 contract
Samples: Merchant Cash Advance Agreement (Wolf Energy Services Inc.)
Sale of Future Receipts. Merchant(s) hereby sell, assign, and transfer to CEDAR BCA (making CEDAR BCA the absolute owner) in consideration of the funds provided (“Purchase Price”) specified above, all of each Merchant’s future accounts, contract rights, and other obligations arising from or relating to the payment of monies from each Merchant’s customers and/or other third party payors (the “Receivables”, defined as all payments made by cash, check, credit or debit card, electronic transfer, or other form of monetary payment in the ordinary course of each merchant’s business), for the payment of each Merchant’s sale of goods or services until the amount specified above (the “Receivables Purchased Amount”) has been delivered by Merchant(sXxxxxxxx(s) to CEDARBCA. Each Merchant hereby acknowledges that until the Receivables Purchased Amount has been received in full by CEDAR, BCA each Merchant’s Receivables, up to the balance of the Receivables Purchased Amount, are the property of CEDAR BCA and not the property of any Merchant. Each Merchant agrees that it is a fiduciary for CEDAR BCA and that each Merchant will hold Receivables in trust for CEDAR BCA in its capacity as a fiduciary for CEDARBCA. The Receivables Purchased Amount shall be paid to CEDAR BCA by each Merchant irrevocably authorizing only one depositing account acceptable to CEDAR BCA (the “Account”) to remit the percentage specified above (the “Specified Percentage”) of each Merchant’s settlement amounts due from each transaction, until such time as CEDAR BCA receives payment in full of the Receivables Purchased Amount. Each Merchant hereby authorizes CEDAR BCA to ACH debit the specified remittances and any applicable fees listed in Section 2 from the Account on a daily basis as of the next business day after the date of this Agreement and will provide CEDAR BCA with all required access codes and monthly bank statements. Each Merchant understands that it will be held responsible for any fees resulting from a rejected ACH attempt or an Event of Default (see Section 2). CEDAR BCA is not responsible for any overdrafts or rejected transactions that may result from CEDAR’s BCA’S ACH debiting the Specified Percentage amounts under the terms of this Agreement. Each Merchant acknowledges and agrees that until the amount of the Receivables collected by CEDAR BCA exceeds the amount of the Purchase Price, CEDAR BCA will be permitted not treat any amount collected under this Agreement as profit for taxation and accounting purposes.
Appears in 1 contract
Samples: Standard Merchant Cash Advance Agreement (Safe & Green Holdings Corp.)
Sale of Future Receipts. Merchant(s) hereby sell, assign, and transfer to CEDAR UFS (making CEDAR UFS the absolute owner) in consideration of the funds provided (“Purchase Price”) specified above, all of each Merchant’s future accounts, contract rights, and other obligations arising from or relating to the payment of monies from each Merchant’s customers and/or other third party payors (the “Receivables”, defined as all payments made by cash, check, credit or debit card, electronic transfer, or other form of monetary payment in the ordinary course of each merchant’s business), for the payment of each Merchant’s sale of goods or services until the amount specified above (the “Receivables Purchased Amount”) has been delivered by Merchant(s) to CEDARUFS. Each Merchant hereby acknowledges that until the Receivables Name and Title: TXXXXX XXXXX XXX XX, Owner Name and Title: Date: 07/29/2022 Date: 07/29/2022 Purchased Amount has been received in full by CEDARUFS, the Specified Percentage of each Merchant’s Receivables, up to the balance of the Receivables Purchased Amount, are the property of CEDAR UFS and not the property of any Merchant. Each Merchant agrees that it is a fiduciary for CEDAR UFS and that each Merchant will hold Receivables in trust for CEDAR UFS in its capacity as a fiduciary for CEDARUFS. The Receivables Purchased Amount shall be paid to CEDAR UFS by each Merchant irrevocably authorizing only one depositing account acceptable to CEDAR UFS (the “Account”) to remit the percentage specified above (the “Specified Percentage”) of each Merchant’s settlement amounts due from each transaction, until such time as CEDAR UFS receives payment in full of the Receivables Purchased Amount. Each Merchant hereby authorizes CEDAR UFS to ACH debit the specified remittances and any applicable fees listed in Section 2 from the Account on a daily basis as of the next business day after the date of this Agreement and will provide CEDAR UFS with all required access codes and monthly bank statements. Each Merchant understands that it will be held responsible for any fees resulting from a rejected ACH attempt (unless Merchant gave UFS prior notice that such ACH would be rejected) or an Event of Default (see Section 2). CEDAR UFS is not responsible for any overdrafts or rejected transactions that may result from CEDARUFS’s ACH debiting the Specified Percentage amounts under the terms of this Agreement. Each , unless Merchant acknowledges and agrees gave UFS prior notice that until the amount of the Receivables collected by CEDAR exceeds the amount of the Purchase Price, CEDAR will such ACH would be permitted not treat any amount collected under this Agreement as profit for taxation and accounting purposesrejected.
Appears in 1 contract
Samples: Merchant Cash Advance Agreement (Connexa Sports Technologies Inc.)
Sale of Future Receipts. Merchant(s) hereby sell, assign, and transfer to CEDAR (making CEDAR the absolute owner) in consideration of the funds provided (“Purchase Price”) specified above, all of each Merchant’s future accounts, contract rights, and other obligations arising from or relating to the payment of monies from each Merchant’s customers and/or other third party payors (the “Receivables”, defined as all payments made by cash, check, credit or debit card, electronic transfer, or other form of monetary payment in the ordinary course of each merchant’s business), for the payment of each Merchant’s sale of goods or services until the amount specified above (the “Receivables Purchased Amount”) has been delivered by Merchant(s) to CEDAR. Each Merchant hereby acknowledges that until the Receivables Purchased Amount has been received in full by CEDAR, each Merchant’s Receivables, up to the balance of the Receivables Purchased Amount, are the property of CEDAR and not the property of any Merchant. Each Merchant agrees that it is a fiduciary for CEDAR and that each Merchant will hold Receivables in trust for CEDAR in its capacity as a fiduciary for CEDAR. I have read and agree to the terms and conditions set forth above: Name and Title: TXXXXX XXXXX XXX XX Date: 07/26/2022 The Receivables Purchased Amount shall be paid to CEDAR by each Merchant irrevocably authorizing only one depositing account acceptable to CEDAR (the “Account”) to remit the percentage specified above (the “Specified Percentage”) of each Merchant’s settlement amounts due from each transaction, until such time as CEDAR receives payment in full of the Receivables Purchased Amount. Each Merchant hereby authorizes CEDAR to ACH debit the specified remittances and any applicable fees listed in Section 2 from the Account on a daily basis as of the next business day after the date of this Agreement and will provide CEDAR with all required access codes and monthly bank statements. Each Merchant understands that it will be held responsible for any fees resulting from a rejected ACH attempt or an Event of Default (see Section 2). CEDAR is not responsible for any overdrafts or rejected transactions that may result from CEDAR’s ACH debiting the Specified Percentage amounts under the terms of this Agreement. Each Merchant acknowledges and agrees that until the amount of the Receivables collected by CEDAR exceeds the amount of the Purchase Price, CEDAR will be permitted not treat any amount collected under this Agreement as profit for taxation and accounting purposes.
Appears in 1 contract
Samples: Merchant Cash Advance Agreement (Connexa Sports Technologies Inc.)