Treatment of Accounts. (i) Comply with all reporting requirements set forth in the Indenture with respect to Accounts. (ii) Not grant or extend the time for payment of any Account, or compromise or settle any Account for less than the full amount thereof, or release any person or property, in whole or in part, from payment thereof, or allow any credit or discount thereon, other than as normal and customary in the ordinary course of such Obligor’s business. (iii) Maintain at its principal place of business a record of Accounts consistent with its customary business practices. (iv) (A) So long as no Event of Default shall have occurred and be continuing, if an Account Debtor returns any Inventory to such Obligor, promptly determine the reason for such return and issue a credit memorandum to the Account Debtor in the appropriate amount, and (B) upon the occurrence of any Event of Default and during the continuation thereof, upon the request of the Collateral Agent, (1) hold as trustee for the Collateral Agent any merchandise which is returned by a customer or Account Debtor or otherwise recovered, (2) segregate all returned Inventory from all of its other property, (3) dispose of the returned Inventory solely according to the Collateral Agent’s written instructions and (4) not issue any credits or allowances with respect thereto without the Collateral Agent’s prior written consent. All returned Inventory shall be subject to the Collateral Agent’s Liens thereon. Whenever any Inventory is returned, the related Account shall be deemed ineligible to the extent of the amount owing by the Account Debtor with respect to such returned Inventory. (v) With respect to any disputes and claims in excess of $250,000 with any Account Debtor, settle, contest, or adjust such dispute or claim at no expense to the Collateral Agent. No discount, credit or allowance shall be granted to any such Account Debtor without the Collateral Agent’s prior written consent, except for discounts, credits and allowances made or given in the ordinary course of such Obligor’s business so long as no Event of Default shall exist or be continuing. At all times upon the occurrence of any Event of Default and during the continuation thereof, the Collateral Agent may (but shall not be required to) settle or adjust disputes and claims directly with Account Debtors for amounts and upon terms which the Collateral Agent shall consider advisable.
Appears in 1 contract
Samples: Security Agreement (Unifi Inc)
Treatment of Accounts. (i) Comply with all provisions of the Credit Agreement relating to the establishment and maintenance of the Lockboxes, Lockbox Accounts and the Cash Concentration Account, (ii) comply in all material respects with all reporting requirements set forth in the Indenture Credit Agreement with respect to Accounts.
, (iiiii) Not not grant or extend the time for payment of any Account, or compromise or settle any Account for less than the full amount thereof, or release any person or property, in whole or in part, from payment thereof, or allow any credit or discount thereon, in each case other than as normal and customary in the ordinary course of such Obligor’s business.
, (iiiiv) Maintain maintain at its principal place of business a record of Accounts consistent with its customary business practices.
, (ivv) (A) So long upon the occurrence and during the continuation of any Event of Default, set aside and hold as no trustee for the Agent any merchandise that is returned by a customer or account debtor or otherwise recovered. Unless and until an Event of Default shall have occurred occurs and be is continuing, if an Account Debtor such Obligor may settle and adjust disputes and claims with its customers and account debtors, handle returns any Inventory to such Obligorand recoveries and grant discounts, promptly determine the reason for such return credits and issue a credit memorandum to the Account Debtor allowances in the appropriate amountordinary course of its business as presently conducted and otherwise for amounts and on terms which such Obligor in good faith considers advisable. However, and (B) upon the occurrence of any Event of Default and during the continuation thereof, upon if so instructed by the request of the Collateral Agent, (1) hold as trustee for the Collateral Agent any merchandise which is returned by a customer or Account Debtor or otherwise recovered, (2) segregate all returned Inventory from all of its other property, (3) dispose of the returned Inventory solely according to the Collateral Agent’s written instructions such Obligor shall settle and (4) not issue any credits or allowances with respect thereto without the Collateral Agent’s prior written consent. All returned Inventory shall be subject to the Collateral Agent’s Liens thereon. Whenever any Inventory is returned, the related Account shall be deemed ineligible to the extent of the amount owing by the Account Debtor with respect to such returned Inventory.
(v) With respect to any adjust disputes and claims in excess of $250,000 with any Account Debtorclaims, settle, contest, or adjust such dispute or claim at no expense to the Collateral Agent. No , but no discount, credit or allowance other than on normal trade terms in the ordinary course of business shall be granted to any customer or account debtor and no returns of merchandise shall be accepted by such Account Debtor Obligor without the Collateral Agent’s prior written consent. The Agent may (but shall not be required to), except for discounts, credits and allowances made or given in the ordinary course of such Obligor’s business so long as no Event of Default shall exist or be continuing. At at all times upon the occurrence of any Event of Default and during the continuation thereof, the Collateral Agent may (but shall not be required to) settle or adjust disputes and claims directly with Account Debtors customers or account debtors for amounts and upon terms which the Collateral Agent shall consider considers advisable.
Appears in 1 contract
Samples: Senior Secured Working Capital Credit Facility (Transmontaigne Inc)
Treatment of Accounts. (i) Comply in all material respects with all reporting requirements set forth in the Indenture Credit Agreement with respect to Accounts.
, (ii) Not not grant or extend the time for payment of any Account, or compromise or settle any Account for less than the full amount thereof, or release any person or property, in whole or in part, from payment thereof, or allow any credit or discount thereon, in each case other than as normal and customary in the ordinary course of such Obligor’s 's business.
, (iii) Maintain maintain at its principal place of business a record of Accounts consistent with its customary business practices.
, (iv) (A) So long upon the occurrence and during the continuation of any Event of Default, set aside and hold as no trustee for the Agent any merchandise that is returned by a customer or account debtor or otherwise recovered. Unless and until an Event of Default shall have occurred occurs and be is continuing, if an Account Debtor such Obligor may settle and adjust disputes and claims with its customers and account debtors, handle returns any Inventory to such Obligorand recoveries and grant discounts, promptly determine the reason for such return credits and issue a credit memorandum to the Account Debtor allowances in the appropriate amountordinary course of its business as presently conducted and otherwise for amounts and on terms which such Obligor in good faith considers advisable. However, and (B) upon the occurrence of any Event of Default and during the continuation thereof, upon if so instructed by the request of the Collateral Agent, (1) hold as trustee for the Collateral Agent any merchandise which is returned by a customer or Account Debtor or otherwise recovered, (2) segregate all returned Inventory from all of its other property, (3) dispose of the returned Inventory solely according to the Collateral Agent’s written instructions such Obligor shall settle and (4) not issue any credits or allowances with respect thereto without the Collateral Agent’s prior written consent. All returned Inventory shall be subject to the Collateral Agent’s Liens thereon. Whenever any Inventory is returned, the related Account shall be deemed ineligible to the extent of the amount owing by the Account Debtor with respect to such returned Inventory.
(v) With respect to any adjust disputes and claims in excess of $250,000 with any Account Debtorclaims, settle, contest, or adjust such dispute or claim at no expense to the Collateral Agent. No , but no discount, credit or allowance other than on normal trade terms in the ordinary course of business shall be granted to any customer or account debtor and no returns of merchandise shall be accepted by such Account Debtor Obligor without the Collateral Agent’s prior written 's consent. The Agent may (but shall not be required to), except for discounts, credits and allowances made or given in the ordinary course of such Obligor’s business so long as no Event of Default shall exist or be continuing. At at all times upon the occurrence of any Event of Default and during the continuation thereof, the Collateral Agent may (but shall not be required to) settle or adjust disputes and claims directly with Account Debtors customers or account debtors for amounts and upon terms which the Collateral Agent shall consider considers advisable.
Appears in 1 contract
Samples: Senior Secured Credit Facility (TransMontaigne Partners L.P.)
Treatment of Accounts. (i) Comply with all reporting requirements set forth in the Indenture with respect to Accounts.
(ii) Not not grant or extend the time for payment of any Account, or compromise or settle any Account for less than the full amount thereof, or release any person or property, in whole or in part, from payment thereof, or allow any credit or discount thereon, in each case other than as normal and customary in the ordinary course of such Obligor’s Grantor's business.
, (iiiii) Maintain maintain at its principal place of business a record of Accounts consistent with its customary business practices.
, (iviii) (A) So long upon the occurrence and during the continuation of any Event of Default, set aside and hold as no trustee for the Lender any merchandise that is returned by a customer or account debtor or otherwise recovered. Unless and until an Event of Default shall have occurred occurs and be is continuing, if an Account Debtor Grantor may settle and adjust disputes and claims with its customers and account debtors, handle returns any Inventory to such Obligorand recoveries and grant discounts, promptly determine the reason for such return credits and issue a credit memorandum to the Account Debtor allowances in the appropriate amountordinary course of its business as presently conducted and otherwise for amounts and on terms which Grantor in good faith considers advisable. However, and (B) upon the occurrence of any Event of Default and during the continuation thereof, upon the request of the Collateral Agent, (1) hold as trustee for the Collateral Agent any merchandise which is returned by a customer or Account Debtor or otherwise recovered, (2) segregate all returned Inventory from all of its other property, (3) dispose of the returned Inventory solely according to the Collateral Agent’s written instructions and (4) not issue any credits or allowances with respect thereto without the Collateral Agent’s prior written consent. All returned Inventory shall be subject to the Collateral Agent’s Liens thereon. Whenever any Inventory is returned, the related Account shall be deemed ineligible to the extent of the amount owing if so instructed by the Account Debtor with respect to such returned Inventory.
(v) With respect to any Lender, Grantor shall settle and adjust disputes and claims in excess of $250,000 with any Account Debtorclaims, settle, contest, or adjust such dispute or claim at no expense to the Collateral Agent. No Lender, but no discount, credit or allowance other than on normal trade terms in the ordinary course of business shall be granted to any such Account Debtor customer or account debtor and no returns of merchandise shall be accepted by Grantor without the Collateral Agent’s prior written Lender's consent. The Lender may (but shall not be required to), except for discounts, credits and allowances made or given in the ordinary course of such Obligor’s business so long as no Event of Default shall exist or be continuing. At at all times upon the occurrence of any Event of Default and during the continuation thereof, the Collateral Agent may (but shall not be required to) settle or adjust disputes and claims directly with Account Debtors customers or account debtors for amounts and upon terms which the Collateral Agent shall consider Lender considers advisable.
Appears in 1 contract
Treatment of Accounts. (i) Comply with all reporting requirements set forth in the Indenture Credit Agreement with respect to Accounts.
(ii) Not grant or extend the time for payment of any Account, or compromise or settle any Account for less than the full amount thereof, or release any person or property, in whole or in part, from payment thereof, or allow any credit or discount thereon, other than as normal and customary in the ordinary course of such Obligor’s business.
(iii) Maintain at its principal place of business a record of Accounts consistent with its customary business practices.
(iv) (A) So long as no Event of Default shall have occurred and be continuing, if an Account Debtor returns any Inventory to such Obligor, promptly determine the reason for such return and issue a credit memorandum to the Account Debtor in the appropriate amount, and (B) upon the occurrence of any Event of Default and during the continuation thereof, upon the request of the Collateral Agent, (1) hold as trustee for the Collateral Agent any merchandise which is returned by a customer or Account Debtor or otherwise recovered, (2) segregate all returned Inventory from all of its other property, (3) dispose of the returned Inventory solely according to the Collateral Agent’s written instructions and (4) not issue any credits or allowances with respect thereto without the Collateral Agent’s prior written consent. All returned Inventory shall be subject to the Collateral Agent’s Liens thereon. Whenever any Inventory is returned, the related Account shall be deemed ineligible to the extent of the amount owing by the Account Debtor with respect to such returned Inventory and such returned Inventory shall not be Eligible Inventory.
(v) With respect to any disputes and claims in excess of $250,000 with any Account Debtor, settle, contest, or adjust such dispute or claim at no expense to the Collateral AgentAgent or any Lender. No discount, credit or allowance shall be granted to any such Account Debtor without the Collateral Agent’s prior written consent, except for discounts, credits and allowances made or given in the ordinary course of such Obligor’s business so long as no Event of Default shall exist or be continuing. At all times upon the occurrence of any Event of Default and during the continuation thereof, the Collateral Agent may (but shall not be required to) settle or adjust disputes and claims directly with Account Debtors for amounts and upon terms which the Collateral Agent or the Majority Lenders, as applicable, shall consider advisableadvisable and, in all cases, the Agent will credit such Obligor’s Loan Account with the net amounts received by the Agent in payment of any Accounts.
Appears in 1 contract
Samples: Security Agreement (Unifi Inc)
Treatment of Accounts. (i) Comply in all material respects with all reporting requirements set forth in the Indenture Credit Agreement with respect to Accounts.
, (iii) Not not grant or extend the time for payment of any Account, or compromise or settle any Account for less than the full amount thereof, or release any person Person or propertyProperty, in whole or in part, from payment thereof, or allow any credit or discount thereon, in each case other than as is normal and customary in the ordinary course of such ObligorBorrower’s business.
, (iii) Maintain maintain at its principal place of business a record of Accounts consistent with its customary business practices.
, or (ivvi) (A) So long upon the occurrence and during the continuation of any Event of Default, set aside and hold as no trustee for Lender any merchandise that is returned by a customer or Account debtor or otherwise recovered. Unless and until an Event of Default shall have occurred occurs and be is continuing, if an Borrower may settle and adjust disputes and claims with its customers and Account Debtor returns any Inventory to such Obligordebtors, promptly determine the reason for such return and issue a credit memorandum to the Account Debtor grant discounts, credits and allowances in the appropriate amountordinary course of its business as presently conducted and otherwise for amounts and on terms which Borrower in good faith considers advisable. However, and (B) upon the occurrence of any Event of Default and during the continuation thereof, upon the request of the Collateral Agentif so instructed by Lxxxxx, (1) hold as trustee for the Collateral Agent any merchandise which is returned by a customer or Account Debtor or otherwise recovered, (2) segregate all returned Inventory from all of its other property, (3) dispose of the returned Inventory solely according to the Collateral Agent’s written instructions Borrower shall settle and (4) not issue any credits or allowances with respect thereto without the Collateral Agent’s prior written consent. All returned Inventory shall be subject to the Collateral Agent’s Liens thereon. Whenever any Inventory is returned, the related Account shall be deemed ineligible to the extent of the amount owing by the Account Debtor with respect to such returned Inventory.
(v) With respect to any adjust disputes and claims in excess of $250,000 with any Account Debtorclaims, settle, contest, or adjust such dispute or claim at no expense to the Collateral Agent. No Lender, but no discount, credit or allowance other than on normal trade terms in the ordinary course of business shall be granted to any such customer or Account Debtor without the Collateral Agent’s prior written consentdebtor. Lender may (but shall not be required to), except for discounts, credits and allowances made or given in the ordinary course of such Obligor’s business so long as no Event of Default shall exist or be continuing. At at all times upon the occurrence of any Event of Default and during the continuation thereof, the Collateral Agent may (but shall not be required to) settle or adjust disputes and claims directly with customers or Account Debtors debtors for amounts and upon terms which the Collateral Agent shall consider Lxxxxx considers advisable.
Appears in 1 contract