Common use of SPECIAL PROVISIONS CONCERNING ACCOUNTS Clause in Contracts

SPECIAL PROVISIONS CONCERNING ACCOUNTS. 4(a) As of the time when each of its Accounts arises, the Debtor shall be deemed to have represented and warranted that such Accounts and all records, papers and documents relating thereto (if any) are genuine and in all respects what they purport to be, and that all papers and documents (if any) relating thereto (i) will represent the genuine, legal, valid and binding obligation of the account debtor evidencing indebtedness unpaid and owed by such account debtor arising out of the performance of labor or services or the sale or lease and delivery of the merchandise listed therein, or both, (ii) will be the only original writings evidencing and embodying such obligation of the account debtor named therein (other than copies created for purposes other than general accounting purposes), (iii) will evidence true and valid obligations, enforceable in accordance with their respective terms, not subject to the fulfillment of any contract or condition whatsoever or to any defenses, set offs or counterclaims (except with respect to refunds, returns and allowances in the ordinary course of business), or stamp or other taxes, and (iv) will be in compliance and will conform with all applicable federal, state and local laws and applicable laws of any relevant foreign jurisdiction. 4(c) The Debtor shall endeavor to cause to be collected from the account debtor named in each of its Accounts, as and when due (including, without limitation, Accounts which are delinquent, such Accounts to be collected in accordance with generally accepted lawful collection procedures), any and all amounts owing under or on account of such Accounts, and apply forthwith upon receipt thereof all such amounts as are so collected to the outstanding balance of such Accounts, except that, so long as no Event of Default exists and is continuing, the Debtor may allow in the ordinary course of business as adjustments to amounts owing under its Accounts an extension or renewal of the time or times of payment, or settlement for less than the total unpaid balance, which the Debtor finds appropriate in accordance with sound business judgment. The costs and expenses (including, without limitation, attorneys' fees and expenses) of collection, whether incurred by the Debtor or the Lender, shall be borne by the Debtor. 4(d) If any of the Accounts becomes evidenced by an Instrument, the Debtor will within ten (10) days notify the Lender thereof, and upon request by the Lender promptly deliver such Instrument to the Lender appropriately endorsed to the order of the Lender as further security hereunder. 4(e) The Debtor will, at its own expense, make, execute, endorse, acknowledge, file and/or deliver to the Lender from time to time such vouchers, invoices, schedules, confirmatory assignments, conveyances, financing statements, transfer endorsements, powers of attorney, certificates, reports and other assurances or instruments and take such further steps relating to its Accounts and other property or rights covered by the security interest hereby granted, as the Lender may reasonably require which are consistent with the terms hereunder.

SPECIAL PROVISIONS CONCERNING ACCOUNTS. 4(a) As of the time when each of its Accounts arises, the Debtor shall be deemed to have represented and warranted that such Accounts and all records, papers and documents relating thereto (if any) are genuine and in all respects what they purport to be, and that all papers and documents (if any) relating thereto (i) will represent the genuine, legal, valid and binding obligation of the account debtor evidencing indebtedness unpaid and owed by such account debtor arising out of the performance of labor or services or the sale or lease and delivery of the merchandise listed therein, or both, (ii) will be the only original writings evidencing and embodying such obligation of the account debtor named therein (other than copies created for purposes other than general accounting purposes), (iii) will evidence true and valid obligations, enforceable in accordance with their respective terms, not subject to the fulfillment of any contract or condition whatsoever or to any defenses, set offs or counterclaims (except with respect to refunds, returns and allowances in the ordinary course of business), or stamp or other taxes, and (iv) will be in compliance and will conform with all applicable federal, state and local laws and applicable laws of any relevant foreign jurisdiction. 4(b) The Debtor will keep and maintain at its own cost and expense satisfactory and complete records of its Accounts, including, but not limited to, records of all payments received, credits granted thereon, all merchandise returned and all other dealings therewith, and the Debtor will make the same available to the Lender for inspection, at the Debtor's own cost and expense, at any and all reasonable times upon demand. 4(c) The Debtor shall endeavor to cause to be collected from the account debtor named in each of its Accounts, as and when due (including, without limitation, Accounts which are delinquent, such Accounts to be collected in accordance with generally accepted lawful collection procedures), any and all amounts owing under or on account of such Accounts, and apply forthwith upon receipt thereof all such amounts as are so collected to the outstanding balance of such Accounts, except that, so long as no Event of Default exists and is continuing, the Debtor may allow in the ordinary course of business as adjustments to amounts owing under its Accounts an extension or renewal of the time or times of payment, or settlement for less than the total unpaid balance, which the Debtor finds appropriate in accordance with sound business judgment. The costs and expenses (including, without limitation, attorneys' fees and expenses) of collection, whether incurred by the Debtor or the Lender, shall be borne by the Debtor. 4(d) If any of the Accounts becomes evidenced by an Instrument, the Debtor will within ten (10) days notify the Lender thereof, and upon request by the Lender promptly deliver such Instrument to the Lender appropriately endorsed to the order of the Lender as further security hereunder. 4(e) The Debtor will, at its own expense, make, execute, endorse, acknowledge, file and/or deliver to the Lender from time to time such vouchers, invoices, schedules, confirmatory assignments, conveyances, financing statements, transfer endorsements, powers of attorney, certificates, reports and other assurances or instruments and take such further steps relating to its Accounts and other property or rights covered by the security interest hereby granted, as the Lender may reasonably require which are consistent with the terms hereunder.

SPECIAL PROVISIONS CONCERNING ACCOUNTS. 4(a) As of the time when each of its Accounts arises, the Debtor Obligor shall be deemed to have represented and warranted that such Accounts and all records, papers and documents relating thereto (if any) are genuine and in all respects what they purport to be, and that all papers and documents (if any) relating thereto (i) will represent the genuine, legal, valid and binding obligation of the account debtor evidencing indebtedness unpaid and owed by such account debtor arising out of the performance of labor or services or the sale or lease and delivery of the merchandise listed therein, or both, (ii) will be the only original writings evidencing and embodying such obligation of the account debtor named therein (other than copies created for purposes other than general accounting purposes), (iii) will evidence true and valid obligations, enforceable in accordance with their respective terms, not subject to the fulfillment of any contract or condition whatsoever or to any defenses, set offs or counterclaims (except with respect to refunds, returns and allowances in the ordinary course of business), or stamp or other taxes, and (iv) will be in compliance and will conform with all applicable federal, state and local laws and applicable laws of any relevant foreign jurisdiction. 4(b) The Obligor will keep and maintain at its own cost and expense satisfactory and complete records of its Accounts, including, but not limited to, records of all payments received, credits granted thereon, all merchandise returned and all other dealings therewith, and the Obligor will make the same available to the Lender for inspection, at the Obligor's own cost and expense, at any and all reasonable times upon demand. 4(c) The Debtor Obligor shall endeavor to cause to be collected from the account debtor named in each of its Accounts, as and when due (including, without limitation, Accounts which are delinquent, such Accounts to be collected in accordance with generally accepted lawful collection procedures), any and all amounts owing under or on account of such Accounts, and apply forthwith upon receipt thereof all such amounts as are so collected to the outstanding balance of such Accounts, except that, so long as no Event of Default exists and is continuing, the Debtor Obligor may allow in the ordinary course of business as adjustments to amounts owing under its Accounts an extension or renewal of the time or times of payment, or settlement for less than the total unpaid balance, which the Debtor Obligor finds appropriate in accordance with sound business judgment. The costs and expenses (including, without limitation, attorneys' fees and expenses) of collection, whether incurred by the Debtor Obligor or the Lender, shall be borne by the DebtorObligor. 4(d) If any of the Accounts becomes evidenced by an Instrument, the Debtor Obligor will within ten (10) days notify the Lender thereof, and upon request by the Lender promptly deliver such Instrument to the Lender appropriately endorsed to the order of the Lender as further security hereunder. 4(e) The Debtor Obligor will, at its own expense, make, execute, endorse, acknowledge, file and/or deliver to the Lender from time to time such vouchers, invoices, schedules, confirmatory assignments, conveyances, financing statements, transfer endorsements, powers of attorney, certificates, reports and other assurances or instruments and take such further steps relating to its Accounts and other property or rights covered by the security interest hereby granted, as the Lender may reasonably require which are consistent with the terms hereunder.

SPECIAL PROVISIONS CONCERNING ACCOUNTS. 4(a(a) As of the time when each of its Accounts any Account arises, the Debtor shall be deemed to have represented and warranted as to such Account that such Accounts Account and all records, papers and documents relating thereto (if any) are genuine and in all respects what they purport to be, and that all papers and documents (if any) relating thereto each such Account (i) will represent the genuine, legal, valid and binding obligation of the account debtor evidencing indebtedness thereon for the unpaid and amount owed by such account debtor arising out for the sale and delivery by the Debtor of the performance of labor or services goods, or the sale or lease and delivery performance by the Debtor of the merchandise services, listed therein, or both, (ii) will be the only original writings evidencing and embodying such obligation of the account debtor named therein (other than copies created for purposes other than general accounting purposes)therein, (iii) will evidence true and valid obligations, enforceable in accordance with their respective terms, terms and not subject to the fulfillment of any contract or condition whatsoever or to any defenses, set offs or counterclaims (except with respect to refunds, returns and allowances in the ordinary course of business), or stamp or other taxes, except as shall be disclosed to the Creditor, and (iv) will be be, to the best knowledge of the Debtor, in compliance and will conform with all applicable federal, state and local laws and applicable laws of any relevant foreign jurisdiction. The Debtor shall take all reasonable steps necessary to preserve the liability of each account debtor, guarantor, endorser, obligor, secondary party on or with respect to the Accounts. The Debtor shall notify the Creditor in writing of any defenses, set-offs or counterclaims affecting a material portion of the Debtor’s Accounts, promptly after obtaining knowledge thereof. 4(c(b) The Debtor shall keep and maintain, at its own expense, accurate and complete records of the Accounts, including records of all payments received, all credits granted thereon, all merchandise returned and all other dealings therewith, and the Debtor shall make the same available to the Creditor, at the Debtor’s expense, at any and all reasonable times upon demand of the Creditor. At the request of the Creditor, the Debtor shall legend, in form and manner satisfactory to the Creditor, its Accounts and its books, records and documents evidencing or pertaining to its Accounts with an appropriate reference to the fact that such Accounts have been pledged as collateral to the Creditor and that the Creditor has a security interest therein. (c) The Debtor shall not rescind or cancel any indebtedness under any of the Accounts or modify any term thereof or make any adjustment with respect thereto, or extend or renew the same, or compromise or settle any dispute, claim, suit or legal proceeding relating thereto, or sell any of such Accounts or interest therein, without the prior written consent of the Creditor, except as permitted by Section 6(e). (d) The Debtor shall duly fulfill all obligations on its part to be fulfilled under or in connection with the Accounts and will do nothing to impair the rights of the Creditor in the Accounts. (e) The Debtor shall endeavor to collect or cause to be collected from the account debtor named in on each of its Accounts, as and when due Accounts (including, without limitation, including Accounts which are delinquent, such Accounts to be collected in accordance with generally accepted lawful collection procedures), as and when due, any and all amounts owing under or on account of such Accounts, and apply forthwith upon receipt thereof all such amounts as are so collected except that prior to the outstanding balance occurrence of such Accounts, except that, so long as no an Event of Default exists and is continuing, the Debtor may allow in the ordinary course of business as adjustments to amounts owing under its Accounts (i) an extension or renewal of the time or times of payment, or settlement for less than the total unpaid balance, which the Debtor finds appropriate necessary in accordance with sound business judgmentand credit judgment and (ii) a refund or credit due as a result of returned or damaged Inventory or improper or faulty performance of services. The costs and expenses (including, without limitation, attorneys' fees and expensesincluding attorney’s fees) of collection, whether incurred by the Debtor or the LenderCreditor, shall be borne by the Debtor. 4(d(f) If The Debtor shall, promptly upon learning thereof, report to the Creditor all delays in performance, notices of default, claims made or disputes asserted by any account debtor or other obligor on any Account and any other matters, in each ease if they could reasonably be expected to have a material adverse effect on the business or financial condition of the Debtor. (g) The Creditor is authorized and empowered in its sole discretion to accept the return of goods, if any, represented by any Account or Contract Rights, without notice to or consent by the Debtor, all without discharging or in any way affecting the Debtor’s liability hereunder or on the Obligations. (h) The Creditor shall have the right, without further notice to or assent by the Debtor, and without affecting the Obligations, in the name of the Debtor or in the name of the Creditor or otherwise, to take any or all of the following actions: (i) to notify any or all account debtors under any or all of the Accounts that the Accounts have been assigned to the Creditor and that payments thereon are to be made directly to the Creditor for the account of the Debtor or the Creditor, and to require the Debtor to forthwith give similar notice to the account debtors; (ii) to demand, collect, xxx for, receive, compound and give acquittance for any of the Accounts or any part thereof; (iii) in good faith, to extend the time of payment of, compromise or settle for cash, credit or otherwise, and upon any terms and conditions, any of the Accounts; (iv) to endorse the name of the Debtor on any checks, drafts or other orders or instruments for the payment of moneys payable to the Debtor which shall be issued in respect of any Account; (v) to file any claims and commence, maintain or discontinue any actions, suits or other proceedings deemed by the Creditor to be necessary or advisable for the purpose of collecting or enforcing payment of any Account; (vi) to execute any instrument and do any and all other things necessary and proper to protect and preserve and realize upon the Accounts and the other rights contemplated hereby; (vii) to require the Debtor to forthwith account for and transmit to the Creditor in the same form as received, all proceeds (other than physical property) of collection of Accounts received by the Debtor and, until so transmitted, to hold the same in trust for the Creditor and not commingle such proceeds with any other funds of the Debtor; (viii) to require the Debtor to deliver, at the Debtor’s expense, any or all papers, documents, correspondence, records and computer programs and tapes and other electronic data processing software evidencing or relating to the Accounts to the Creditor at a place designated by the Creditor; (ix) to notify the postal authorities to change the address for delivery of mail addressed to the Debtor to such address as the Creditor may designate; and (x) to do all other acts and things necessary to carry out this Agreement. The Creditor shall not be obligated to do any of the acts hereinabove authorized, but in the event that the Creditor elects to do any such act, the Creditor shall not be responsible to the Debtor except for its gross negligence or willful misconduct. (i) If any Account becomes evidenced by an Instrumenta promissory note or similar instrument in the sum of more than $5,000, the Debtor will within ten (10) days shall promptly notify the Lender Creditor thereof, and upon request by the Lender Creditor will promptly deliver such Instrument instrument to the Lender Creditor appropriately endorsed to the order of the Lender Creditor as further security hereunderfor the payment in full of the Obligations. 4(e) The Debtor will, at its own expense, make, execute, endorse, acknowledge, file and/or deliver to the Lender from time to time such vouchers, invoices, schedules, confirmatory assignments, conveyances, financing statements, transfer endorsements, powers of attorney, certificates, reports and other assurances or instruments and take such further steps relating to its Accounts and other property or rights covered by the security interest hereby granted, as the Lender may reasonably require which are consistent with the terms hereunder.

SPECIAL PROVISIONS CONCERNING ACCOUNTS. 4(a(a) As of the time when each of its Accounts any Account arises, the Debtor shall be deemed to have represented and warranted as to such Account that such Accounts Account and all records, papers and documents relating thereto (if any) are genuine and in all respects what they purport to be, and that all papers and documents (if any) relating thereto each such Account (i) will represent the genuine, legal, valid and binding obligation of the account debtor evidencing indebtedness thereon for the unpaid and amount owed by such account debtor arising out for the sale and delivery by the Debtor of the performance of labor or services goods, or the sale or lease and delivery performance by the Debtor of the merchandise services, listed therein, or both, (ii) will be the only original writings evidencing and embodying such obligation of the account debtor named therein (other than copies created for purposes other than general accounting purposes)therein, (iii) will evidence true and valid obligations, enforceable in accordance with their respective terms, terms and not subject to the fulfillment of any contract or condition whatsoever or to any defenses, set offs or counterclaims (except with respect to refunds, returns and allowances in the ordinary course of business), or stamp or other taxes, except as shall be disclosed to the Creditor, and (iv) will be be, to the best knowledge of the Debtor, in compliance and will conform with all applicable federal, state and local laws and applicable laws of any relevant foreign jurisdiction. The Debtor shall take all reasonable steps necessary to preserve the liability of each account debtor, guarantor, endorser, obligor, secondary party on or with respect to the Accounts. The Debtor shall notify the Creditor in writing of any defenses, set-offs or counterclaims affecting a material portion of the Debtor’s Accounts, promptly after obtaining knowledge thereof. 4(c(b) The Debtor shall keep and maintain, at its own expense, accurate and complete records of the Accounts, including records of all payments received, all credits granted thereon, all merchandise returned and all other dealings therewith, and the Debtor shall make the same available to the Creditor, at the Debtor’s expense, at any and all reasonable times upon demand of the Creditor. At the request of the Creditor, the Debtor shall legend, in form and manner satisfactory to the Creditor, its Accounts and its books, records and documents evidencing or pertaining to its Accounts with an appropriate reference to the fact that such Accounts have been pledged as collateral to the Creditor and that the Creditor has a security interest therein. (c) The Debtor shall not rescind or cancel any indebtedness under any of the Accounts or modify any term thereof or make any adjustment with respect thereto, or extend or renew the same, or compromise or settle any dispute, claim, suit or legal proceeding relating thereto, or sell any of such Accounts or interest therein, without the prior written consent of the Creditor, except as permitted by Section 6(e). (d) The Debtor shall duly fulfill all obligations on its part to be fulfilled under or in connection with the Accounts and will do nothing to impair the rights of the Creditor in the Accounts. (e) The Debtor shall endeavor to collect or cause to be collected from the account debtor named in on each of its Accounts, as and when due Accounts (including, without limitation, including Accounts which are delinquent, such Accounts to be collected in accordance with generally accepted lawful collection procedures), as and when due, any and all amounts owing under or on account of such Accounts, and apply forthwith upon receipt thereof all such amounts as are so collected except that prior to the outstanding balance occurrence of such Accounts, except that, so long as no an Event of Default exists and is continuing, the Debtor may allow in the ordinary course of business as adjustments to amounts owing under its Accounts (i) an extension or renewal of the time or times of payment, or settlement for less than the total unpaid balance, which the Debtor finds appropriate necessary in accordance with sound business judgmentand credit judgment and (ii) a refund or credit due as a result of returned or damaged Inventory or improper or faulty performance of services. The costs and expenses (including, without limitation, attorneys' fees and expensesincluding attorney’s fees) of collection, whether incurred by the Debtor or the LenderCreditor, shall be borne by the Debtor. 4(d(f) If The Debtor shall, promptly upon learning thereof, report to the Creditor all delays in performance, notices of default, claims made or disputes asserted by any account debtor or other obligor on any Account and any other matters, in each ease if they could reasonably be expected to have a material adverse effect on the business or financial condition of the Debtor. (g) The Creditor is authorized and empowered in its sole discretion to accept the return of goods, if any, represented by any Account or Contract Rights, without notice to or consent by the Debtor, all without discharging or in any way affecting the Debtor’s liability hereunder or on the Obligations. (h) The Creditor shall have the right, without further notice to or assent by the Debtor, and without affecting the Obligations, in the name of the Debtor or in the name of the Creditor or otherwise, to take any or all of the following actions: (i) to notify any or all account debtors under any or all of the Accounts that the Accounts have been assigned to the Creditor and that payments thereon are to be made directly to the Creditor for the account of the Debtor or the Creditor, and to require the Debtor to forthwith give similar notice to the account debtors; (ii) to demand, collect, xxx for, receive, compound and give acquittance for any of the Accounts or any part thereof~ (Hi) in good faith, to extend the time of payment of, compromise or settle for cash, credit or otherwise, and upon any terms and conditions, any of the Accounts; (iv) to endorse the name of the Debtor on any checks, drafts or other orders or instruments for the payment of moneys payable to the Debtor which shall be issued in respect of any Account; (v) to file any claims and commence, maintain or discontinue any actions, suits or other proceedings deemed by the Creditor to be necessary or advisable for the purpose of collecting or enforcing payment of any Account; (vi) to execute any instrument and do any and all other things necessary and proper to protect and preserve and realize upon the Accounts and the other rights contemplated hereby; (vii) to require the Debtor to forthwith account for and transmit to the Creditor in the same form as received, all proceeds (other than physical property) of collection of Accounts received by the Debtor and, until so transmitted, to hold the same in trust for the Creditor and not commingle such proceeds with any other funds of the Debtor; (viii) to require the Debtor to deliver, at the Debtor’s expense, any or all papers, documents, correspondence, records and computer programs and tapes and other electronic data processing software evidencing or relating to the Accounts to the Creditor at a place designated by the Creditor; (ix) to notify the postal authorities to change the address for delivery of mail addressed to the Debtor to such address as the Creditor may designate; and (x) to do all other acts and things necessary to carry out this Agreement. The Creditor shall not be obligated to do any of the acts hereinabove authorized, but in the event that the Creditor elects to do any such act, the Creditor shall not be responsible to the Debtor except for its gross negligence or willful misconduct. (i) If any Account becomes evidenced by an Instrumenta promissory note or similar instrument in the sum of more than $5,000, the Debtor will within ten (10) days shall promptly notify the Lender Creditor thereof, and upon request by the Lender Creditor will promptly deliver such Instrument instrument to the Lender Creditor appropriately endorsed to the order of the Lender Creditor as further security hereunderfor the payment in full of the Obligations. 4(e) The Debtor will, at its own expense, make, execute, endorse, acknowledge, file and/or deliver to the Lender from time to time such vouchers, invoices, schedules, confirmatory assignments, conveyances, financing statements, transfer endorsements, powers of attorney, certificates, reports and other assurances or instruments and take such further steps relating to its Accounts and other property or rights covered by the security interest hereby granted, as the Lender may reasonably require which are consistent with the terms hereunder.

SPECIAL PROVISIONS CONCERNING ACCOUNTS. 4(a(a) As of the time when each of its Accounts Account arises, the Debtor shall be deemed to have represented and warranted as to each such Account that such Accounts Account and all records, papers and documents relating thereto (if any) are genuine and in all respects what they purport to be, and that all papers and documents (if any) relating thereto thereto: (i) will be signed by the account debtor named therein (or such account debtor's duly authorized agent) or is otherwise binding on the account debtor; (ii) will represent the genuine, legal, valid and binding obligation of the account debtor evidencing indebtedness unpaid and owed by such account debtor arising out of the performance of labor or services or the sale or lease and delivery of the merchandise listed therein, or both; (iii) to the extent evidenced by writings, (ii) will be the only original writings evidencing and embodying such obligation of the account debtor named therein therein; (other than copies created for purposes other than general accounting purposes), (iiiiv) will evidence true and valid obligations, undisputed obligations enforceable in accordance with their respective terms, terms and not subject to the fulfillment of any contract or condition whatsoever or to any defenses, set set-offs or counterclaims (except with respect to refunds, returns and allowances in the ordinary course of business)counterclaims, or stamp or other taxes, and ; and (ivv) will be in compliance and will conform with all applicable federal, state and local laws (including applicable usury laws) and applicable laws of any relevant foreign jurisdiction. The provisions of this Section 5(a) shall only apply to Accounts where the aggregate amount of such Accounts, payable to any Person or group of related Persons, exceeds $100,000 in the aggregate. 4(c(b) The Debtor will keep and maintain at the Debtor's own cost and expense satisfactory and complete records of the Accounts, including, but not limited to, records of all payments received, all credits granted thereon, all merchandise returned and all other dealings therewith, and the Debtor will make the same available to the Secured Party, at the Debtor's own cost and expense, at any and all reasonable times upon demand of the Secured Party. The Debtor shall, at the Debtor's own cost and expense, deliver the Accounts (including, without limitation, all documents evidencing the Accounts) and such books and records to the Secured Party or to its representatives upon its demand at any time after the occurrence of an Event of Default which is continuing. If the Secured Party shall so request, the Debtor shall legend, in form and manner satisfactory to the Secured Party, the Accounts and other books, records and documents of the Debtor evidencing or pertaining to the Accounts with an appropriate reference to the fact that the Accounts have been assigned to the Secured Party and that the Secured Party has a security interest therein. (c) Except in the ordinary course of business prior to an Event of Default which is continuing, the Debtor will not rescind or cancel any indebtedness evidenced by any Account or modify any term thereof or make any adjustment with respect thereto, or extend or renew the same, or compromise or settle any dispute, claim, suit or legal proceeding relating thereto, or sell any Account or interest therein, without the prior written consent of the Secured Party, except that the Debtor may grant discounts of up to 5% in connection with the prepayment of any Account. (d) The Debtor will duly fulfill in all material respects all obligations on its part to be fulfilled under or in connection with the Accounts and will do nothing to impair the rights of the Secured Party in the Accounts. (e) The Debtor shall endeavor to collect or cause to be collected from the account debtor named in each of its AccountsAccount, as and when due (including, without limitation, Accounts which are delinquent, such Accounts to be collected in accordance with generally accepted lawful collection procedures), ) any and all amounts owing under or on account of such AccountsAccount, and apply forthwith (on a daily basis) upon receipt thereof all such amounts as are so collected to the outstanding balance of such Accounts, except that, so long as no Event of Default exists and is continuing, the Debtor may allow in the ordinary course of business as adjustments to amounts owing under its Accounts an extension or renewal of the time or times of payment, or settlement for less than the total unpaid balance, which the Debtor finds appropriate in accordance with sound business judgmentAccount. The costs and expenses (including, without limitation, attorneys' fees and expensesincluding attorney's fees) of collection, whether incurred by the Debtor or the LenderSecured Party, shall be borne by the Debtor. 4(d(f) If any of the Accounts becomes evidenced by an InstrumentInstrument (as herein defined), the Debtor will within ten (10) days notify the Lender Secured Party thereof, and upon request by the Lender Secured Party promptly deliver such Instrument to the Lender Secured Party appropriately endorsed to the order of the Lender Secured Party as further security hereunderfor the satisfaction in full of the Secured Obligations. 4(e(g) The If an Event of Default shall have occurred and be continuing, upon request of the Secured Party the Debtor willshall promptly notify (in manner, at its own expense, make, execute, endorse, acknowledge, file and/or deliver form and substance satisfactory to the Lender from Secured Party) all Persons who are at any time to time such vouchers, invoices, schedules, confirmatory assignments, conveyances, financing statements, transfer endorsements, powers of attorney, certificates, reports and other assurances or instruments and take such further steps relating to its Accounts and other property or rights covered by obligated under any Account that the Secured Party possesses a security interest hereby granted, in such Account and that all payments in respect thereof are to be made to such account as the Lender may reasonably require which are consistent with the terms hereunderSecured Party directs.