Common use of Standards of Commercial Reasonableness Clause in Contracts

Standards of Commercial Reasonableness. After an Event of Default, the parties acknowledge that it shall be presumed commercially reasonable and Buyer shall have no duty to undertake to collect any Account, including those in which Buyer receives information from an Account Debtor that a Dispute exists. Furthermore, in the event Buyer undertakes to collect or enforce an obligation of an Account Debtor or any other person obligated on the Collateral and ascertains that the possibility of collection is outweighed by the likely costs and expenses that will be incurred, Buyer may at any such time cease any further collection efforts and such action shall be considered commercially reasonable. Before Seller may, under any circumstances, seek to hold Buyer responsible for taking any commercially unreasonable action, Seller shall first notify Buyer in writing, of all of the reasons why Seller believes Buyer has acted in any commercially unreasonable manner and advise Buyer of the action that Seller believes Buyer should take.

Appears in 3 contracts

Samples: Factoring Agreement, Factoring Agreement, Factoring Agreement

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Standards of Commercial Reasonableness. After an Event of Default, the parties acknowledge that it shall be presumed commercially reasonable and Buyer shall have no duty to undertake to collect any Account, including those in which Buyer receives information from an Account Debtor that a Dispute exists. Furthermore, in the event Buyer undertakes to collect or enforce an obligation of an Account Debtor or any other person obligated on the Collateral and ascertains that the possibility of collection is outweighed by the likely costs and expenses that will be incurred, Buyer may at any such time cease any further collection efforts and such action shall be considered commercially reasonable. Before Seller may, under any circumstances, seek to hold Buyer responsible for taking any commercially unreasonable uncommercially reasonable action, Seller shall first notify Buyer in writing, of all of the reasons why Seller believes Buyer has acted in any commercially unreasonable uncommercially reasonable manner and advise Buyer of the action that Seller believes Buyer should take.

Appears in 3 contracts

Samples: Factoring Agreement, Factoring Agreement (MR2 Group, Inc.), Factoring Agreement (Stellar Acquisition III Inc.)

Standards of Commercial Reasonableness. After an Event of Default, the parties acknowledge that it shall be presumed commercially reasonable and Buyer Purchaser shall have no duty to undertake to collect any Account, including those in which Buyer Purchaser receives information from an Account Debtor that a Dispute exists. Furthermore, in the event Buyer Purchaser undertakes to collect or enforce an obligation of an Account Debtor or any other person obligated on the Collateral and ascertains that the possibility of collection is outweighed by the likely costs and expenses that will be incurred, Buyer Purchaser may at any such time cease any further collection collectio n efforts and such action shall be considered commercially reasonable. Before Seller may, under any circumstances, seek to hold Buyer Purchaser responsible for taking any commercially unreasonable uncommercially reasonable action, Seller shall first notify Buyer Purchaser in writing, of all of the reasons why Seller believes Buyer Purchaser has acted in any commercially unreasonable uncommercially reasonable manner and advise Buyer Purchaser of the action that Seller believes Buyer Purchaser should take.

Appears in 2 contracts

Samples: Account Sale and Purchase Agreement (Boxlight Corp), Account Sale and Purchase Agreement (Boxlight Corp)

Standards of Commercial Reasonableness. After an Event of Default, the parties acknowledge that it shall be presumed commercially reasonable and Buyer Lender shall have no duty to undertake to collect any Account, including those in which Buyer Lender receives information from an Account Debtor that a Dispute exists. Furthermore, in the event Buyer Lender undertakes to collect or enforce an obligation of an Account Debtor or any other person obligated on the Collateral and ascertains that the possibility of collection is outweighed by the likely costs and expenses that will be incurred, Buyer Lender may at any such time cease any further collection efforts and such action shall be considered commercially reasonable. Before Seller Borrower may, under any circumstances, seek to hold Buyer Lender responsible for taking any commercially unreasonable uncommercially reasonable action, Seller Borrower shall first notify Buyer Lender in writing, of all of the reasons why Seller Borrower believes Buyer Lender has acted in any commercially unreasonable uncommercially reasonable manner and advise Buyer Lender of the action that Seller Borrower believes Buyer Lender should take.

Appears in 1 contract

Samples: Accounts Receivable Financing Agreement (Boxlight Corp)

Standards of Commercial Reasonableness. After an Event of Default, the parties Parties acknowledge that it shall be presumed commercially reasonable and Buyer Purchaser shall have no duty to undertake to collect any Account, including those in which Buyer Purchaser receives information from an Account Debtor that a Dispute dispute exists. Furthermore, in the event Buyer Purchaser undertakes to collect or enforce an obligation of an Account Debtor or any other person obligated on the Collateral and ascertains that the possibility of collection is outweighed by the likely costs and expenses that will be incurred, Buyer Purchaser may at any such time cease any further collection efforts and such action shall be considered commercially reasonable. Before Seller may, under any circumstances, seek to hold Buyer Purchaser responsible for taking any commercially unreasonable action, Seller shall first notify Buyer Purchaser in writing, of all of the reasons why Seller believes Buyer Purchaser has acted in any commercially unreasonable manner and advise Buyer Purchaser of the action that Seller believes Buyer Purchaser should take.

Appears in 1 contract

Samples: Financing and Security Agreement (Sito Mobile, Ltd.)

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Standards of Commercial Reasonableness. After an Event of Default, the parties acknowledge that it shall be presumed commercially reasonable and Buyer Purchaser shall have no duty to undertake to collect any Account, including those in which Buyer Purchaser receives information from an Account Debtor that a Dispute dispute exists. Furthermore, in the event Buyer Purchaser undertakes to collect or enforce an obligation of an Account Debtor or any other person obligated on the Collateral and ascertains that the possibility of collection is outweighed by the likely costs and expenses that will be incurred, Buyer Purchaser may at any such time cease any further collection efforts and such action shall be considered commercially reasonable. Before Seller may, under any circumstances, seek to hold Buyer Purchaser responsible for taking any commercially unreasonable action, Seller shall first notify Buyer Purchaser in writing, of all of the reasons why Seller believes Buyer Purchaser has acted in any commercially unreasonable manner and advise Buyer Purchaser of the action that Seller believes Buyer Purchaser should take.

Appears in 1 contract

Samples: Financing and Security Agreement (LOCAL Corp)

Standards of Commercial Reasonableness. After an Event of Default, the parties Parties acknowledge that it shall will be presumed commercially reasonable and Buyer shall have no duty to undertake to collect any AccountDigital Ad Receivable, including those in which Buyer receives information from an Account Debtor that a Dispute dispute exists. Furthermore, in the event Buyer undertakes to collect or enforce an obligation of an Account Debtor or any other person obligated on the Collateral and ascertains that the possibility of collection is outweighed by the likely costs and expenses that will be incurred, Buyer may at any such time cease any further collection efforts and such action shall will be considered commercially reasonable. Before Seller may, under any circumstances, seek to hold Buyer Xxxxx responsible for taking any commercially unreasonable action, Seller shall first notify Buyer in writing, of all of the reasons why Seller Xxxxxx believes Buyer Xxxxx has acted in any commercially unreasonable manner and advise Buyer of the action that Seller Xxxxxx believes Buyer Xxxxx should take.

Appears in 1 contract

Samples: Receivables Purchase Agreement (System1, Inc.)

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