Common use of Actions by Seller Clause in Contracts

Actions by Seller. The Seller shall defend and indemnify the Agent, each Purchaser Agent and each Purchaser against all reasonable costs, expenses, claims and liabilities for any action taken by the Seller, the Originator or any other Affiliate of the Seller or of the Originator (whether acting as Collection Agent or otherwise) related to any Receivable and the Related Security, or arising out of any alleged failure of compliance of any Receivable or the Related Security with the provisions of any law or regulation. If any goods related to a Receivable are repossessed, the Seller agrees to resell, or to have the Originator or another Affiliate resell, such goods in a commercially reasonable manner for the account of the Agent and remit, or have remitted, to the Agent the Purchasers' share in the gross sale proceeds thereof net of any out-of-pocket expenses and any equity of redemption of the Obligor thereon. Any such moneys collected by the Seller or the Originator or other Affiliate of the Seller pursuant to this Section 3.8 shall be segregated and held in trust for the Agent and remitted to the Agent within one Business Day of receipt as part of the Sold Interest in Collections for application as provided herein.

Appears in 2 contracts

Samples: Receivables Sale Agreement (Bergen Brunswig Corp), Bergen Brunswig Corp

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Actions by Seller. The Seller shall defend and indemnify the Agent, each Purchaser Agent and each Purchaser against all reasonable costs, expenses, claims and liabilities for any action taken by the Seller, the Originator or any other Affiliate of the Seller or of the Originator (whether acting as Collection Agent or otherwise) related to any Receivable and the Related SecurityReceivable, or arising out of any alleged failure of compliance of any Receivable or the Related Security with the provisions of any law or regulation. If Subject to Section 1.5(d), if any goods related to a Receivable are repossessed, the Seller agrees to resell, or to have the an Originator or another Affiliate resell, such goods in a commercially reasonable manner for the account of the Agent and remit, or have remitted, to the Agent the Purchasers' share in the gross sale proceeds thereof net of any out-of-pocket expenses and any equity of redemption of the Obligor thereon. Any such moneys collected by the Seller or the Originator or other Affiliate of the Seller pursuant to this Section 3.8 shall be segregated and held in trust for the Agent and remitted to the Agent within one Business Day of receipt as part of the Sold Interest in Collections for application as provided herein.

Appears in 2 contracts

Samples: Receivables Sale Agreement (Officemax Inc), Receivables Sale Agreement (Officemax Inc)

Actions by Seller. The Seller shall defend and indemnify the Agent, each Purchaser Agent and each Purchaser against all reasonable costs, expenses, claims and liabilities for any action taken by the Seller, the Originator or any other Affiliate of the Seller or of the Originator (whether acting as Collection Agent or otherwise) related to any Receivable and the Related Security, or arising out of any alleged failure of compliance of any Receivable or the Related Security with the provisions of any law or regulation. If any goods related to a Receivable are repossessed, the Seller agrees to resell, or to have the Originator or another Affiliate resell, such goods in a commercially reasonable manner for the account of the Agent and remit, or have remitted, to the Agent the Purchasers' share in the gross sale proceeds thereof net of any out-of-pocket expenses and any equity of redemption of the Obligor thereon. Any such moneys collected by the Seller or the Originator or other Affiliate of the Seller pursuant to this Section 3.8 shall be segregated and held in trust for the Agent and remitted to the Agent Agent's Account within one Business Day of receipt as part of the Sold Interest in Collections for application as provided herein.

Appears in 1 contract

Samples: Receivables Sale Agreement (Swift Transportation Co Inc)

Actions by Seller. The Seller shall defend and indemnify the Agent, each Purchaser Agent and each Purchaser against all reasonable costs, expenses, claims and liabilities for any action taken by the Seller, the Originator or any other Affiliate of the Seller or of the Originator (whether acting as Collection Agent or otherwise) related to any Receivable and the Related Security, or arising out of any alleged failure of compliance of any Sold Receivable or the Related Security with the provisions of any law or regulation. If any goods related to a Sold Receivable are repossessed, the Seller agrees to resell, or to have the Originator or another Affiliate resell, such goods in a commercially reasonable manner for the account of the Agent and remit, or have remitted, to the Agent the Purchasers' share in the gross sale proceeds thereof net of any out-of-pocket expenses and any equity of redemption of the Obligor thereon. Any such moneys collected by the Seller or the Originator or other Affiliate of the Seller pursuant to this Section 3.8 shall be segregated and held in trust for the Agent and remitted to the Agent Agent's Account within one Business Day of receipt as part of the Sold Interest in Collections for application as provided herein.

Appears in 1 contract

Samples: Receivables Sale Agreement (Quebecor World Usa Inc)

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Actions by Seller. The Seller shall defend and indemnify the Agent, each Purchaser Agent and each Purchaser against all reasonable costs, expenses, claims and liabilities for any action taken by the Seller, the Originator or any other Affiliate of the Seller or of the Originator (whether acting as Collection Agent or otherwise) related to any Receivable and the Related Security, or arising out of any alleged failure of compliance of any Receivable or the Related Security with the provisions of any law or regulation. If any goods related to a Receivable are repossessed, the Seller agrees to resell, or to have the Originator or another Affiliate resell, such goods in a commercially reasonable manner for the account of the Agent and remit, or have remitted, to the Agent the Purchasers' share in the gross sale proceeds thereof net of any out-of-pocket expenses and any equity of redemption of the Obligor thereon. Any such moneys collected by the Seller or the Originator or other Affiliate of the Seller pursuant to this Section 3.8 shall be segregated and held in trust for the Agent and remitted to the Agent Agent's Account within one Business Day of receipt as part of the Sold Interest in Collections for application as provided herein.

Appears in 1 contract

Samples: Receivables Sale Agreement (Swift Transportation Co Inc)

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