Seller Funds definition
Examples of Seller Funds in a sentence
Notwithstanding anything herein to the contrary, once any funds on deposit in the Collection Accounts have been reconciled with the books and records of the Sellers and determined to be Seller Funds, the Seller Representative or any applicable Seller shall within two (2) Business Days of such reconciliation, withdraw any and all such Seller Funds from the Collection Accounts (for further distribution to the applicable Seller).
Purchaser hereby designates Seller as its true and lawful attorney-in-fact, with full power of substitution, to execute or endorse for the benefit of Seller any checks, notes or other documents received by Purchaser in connection with the Seller Funds.
The trial court granted the motion, holding that defendant was immune from any tort claims as the state and a governmental agency and that, if an agreement was reached between plaintiffs and defendant, it was void because defendant lacked any authority to enter into the agreement.
The representations, warranties and obligations of the Seller Funds hereunder are several and not joint.
Buyer and Buyer Parent hereby designate Parent as their true and lawful attorney-in-fact, with full power of substitution, to execute or endorse for the benefit of Parent any checks, notes or other documents received by Buyer or Buyer Parent in connection with any Seller Funds.
In connection with any public disclosure of this letter or any related letter, Purchaser agrees to use all commercially reasonable efforts to obtain confidential treatment of the identity of the Seller Funds and of any purchase prices referred to herein or therein and to otherwise not disclose this letter or any related letter except to the extent required by applicable laws.
The Purchaser and the Seller Funds each hereby waives trial by jury in any action brought on or with respect to this letter agreement.
If more than one payment is required to be made hereunder, Buyer may in its sole discretion, retain up to 10% of any or all installments until completion of the performance due hereunder, at which time the retained sums, less any sums deducted as a set-off or recoupment will be paid to Seller.
If Seller gives you oral or written instructions to do so, you shall invest such Seller Funds in treasury bills or treasury backed repurchase agreements (or such other short-term investment as may be authorized by Seller).
In consideration of the undertakings of each the Seller Funds herein, Purchaser shall pay to each Seller Fund on May 28, 2009 (the “Initial Closing Date”) an upfront fee (“Upfront Fee”) equal to the Upfront Fee designated next to such Seller Fund’s counterpart signature below, it being understood that the aggregate amount of all such Upfront Fees shall be $3,500,000 and such Upfront Fees shall be non-refundable except as expressly set forth in the last paragraph of Section 13 hereof.