Common use of Accounts Receivable Documentation Clause in Contracts

Accounts Receivable Documentation. The Borrower and the Domestic Guarantors will at such intervals as the Administrative Agent may require, execute and deliver confirmatory written assignments of the Accounts Receivable to the Administrative Agent and furnish such further schedules or information as the Administrative Agent may reasonably request relating to the Accounts Receivable, including sales invoices or the equivalent, credit memos issued, remittance advices, reports and copies of deposit slips and copies of original shipping or delivery receipts for all merchandise sold. In addition, the Borrower and the Domestic Guarantors shall notify the Administrative Agent of any non compliance in respect of the representations, warranties and covenants contained in Section 8.03. The items to be provided under this Section 8.02 are to be in form reasonably satisfactory to the Administrative Agent and are to be executed and delivered to the Administrative Agent from time to time solely for their convenience in maintaining records of the Collateral. The Borrower's or any Domestic Guarantor's failure to give any of such items to the Administrative Agent shall not affect, terminate, modify or otherwise limit the Collateral Agent's Lien on the Collateral. Neither the Borrower nor any Domestic Guarantor shall re-date any invoice or sale or make sales on extended dating beyond that customary in the Borrower's or such Domestic Guarantor's industry, and shall not re-bill any Accounts Receivable without promptly disclosing the same xx the Administrative Agent and providing the Administrative Agent with a copy of such re-billing, identifying the same as such. If the Borrower or any Domestic Guarantor becomes aware of anything materially detrimental to any of the Borrower's or any Domestic Guarantor's customers' credit, the Borrower or such Domestic Guarantor will promptly advise the Administrative Agent thereof.

Appears in 1 contract

Samples: Financing Agreement (PRG Schultz International Inc)

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Accounts Receivable Documentation. The Borrower and the Domestic Guarantors Borrowers will at such intervals as the Administrative Agent Lender may require, execute and deliver confirmatory written assignments of the Accounts Receivable to the Administrative Agent Lender and furnish such further schedules or and/or information as the Administrative Agent Lender may reasonably request require relating to the Accounts Receivable, including including, without limitation, sales invoices or the equivalent, credit memos issued, remittance advicesadvises, reports and copies of deposit slips and copies of original shipping or delivery receipts for all merchandise sold. In addition, the Borrower and the Domestic Guarantors Borrowers shall notify the Administrative Agent Lender of any non non-compliance in respect of the representations, warranties and covenants contained in Section 8.037.03. The items to be provided under this Section 8.02 7.02 are to be in form reasonably satisfactory to the Administrative Agent Lender and are to be executed and delivered to the Administrative Agent Lender from time to time solely for their its convenience in maintaining records of the Collateral. The A Borrower's or any Domestic Guarantor's ’s failure to give any of such items to the Administrative Agent Lender shall not affect, terminate, modify or otherwise limit the Collateral Agent's Lender’s Lien on the Collateral. Neither the Borrower nor any Domestic Guarantor The Borrowers shall not re-date any invoice or sale or make sales on extended dating beyond that customary in the Borrowers’ industry and in the ordinary course of such Borrower's or such Domestic Guarantor's industry’s business. In addition, and the Borrowers shall not re-bill xxxx any Accounts Receivable without promptly disclosing the same xx to the Administrative Agent Lender and providing the Administrative Agent Lender with a copy of such re-billing, identifying the same as such; provided, however, if the original invoice amount of any Account Receivable proposed to be rebilled equals or exceeds $50,000, the Borrowers shall give the Lender prior written notice thereof together with a copy of the proposed re-billing; provided, further, the Borrowers shall not be required to notify the Lender of any Accounts Receivable which are re-billed in order to correct invoice errors or which are re-billed in the ordinary course of business and in a manner and an amount consistent with past business practice to the extent the aggregate amount of such re-billed Accounts Receivable do not exceed $50,000 during any month. If the any Borrower or any Domestic Guarantor becomes aware of anything materially detrimental to any of the Borrower's or any Domestic Guarantor's ’s customers' credit, the such Borrower or such Domestic Guarantor will promptly advise the Administrative Agent Lender thereof.

Appears in 1 contract

Samples: Financing Agreement (Enherent Corp)

Accounts Receivable Documentation. The Borrower and the Domestic Guarantors will at such intervals as the Administrative Agent may require, execute and deliver confirmatory written assignments of the Accounts Receivable to the Administrative Agent and furnish such further schedules or information as the Administrative Agent may reasonably request relating to the Accounts Receivable, including sales invoices or the equivalent, credit memos issued, remittance advices, reports and copies of deposit slips and copies of original shipping or delivery receipts for all merchandise sold. In addition, the Borrower and the Domestic Guarantors shall notify the Administrative Agent of any non compliance in respect of the representations, warranties and covenants contained in Section 8.03. The items to be provided under this Section 8.02 are to be in form reasonably satisfactory to the Administrative Agent and are to be executed and delivered to the Administrative Agent from time to time solely for their convenience in maintaining records of the Collateral. The Borrower's ’s or any Domestic Guarantor's ’s failure to give any of such items to the Administrative Agent shall not affect, terminate, modify or otherwise limit the Collateral Agent's ’s Lien on the Collateral. Neither the Borrower nor any Domestic Guarantor shall re-date any invoice or sale or make sales on extended dating beyond that customary in the Borrower's ’s or such Domestic Guarantor's ’s industry, and shall not re-bill bxxx any Accounts Receivable without promptly disclosing the same xx to the Administrative Agent and providing the Administrative Agent with a copy of such re-billing, identifying the same as such. If the Borrower or any Domestic Guarantor becomes aware of anything materially detrimental to any of the Borrower's ’s or any Domestic Guarantor's ’s customers' credit, the Borrower or such Domestic Guarantor will promptly advise the Administrative Agent thereof.

Appears in 1 contract

Samples: Financing Agreement (PRG Schultz International Inc)

Accounts Receivable Documentation. The Borrower and the Domestic Guarantors each Surety will at such intervals as the Administrative Agent Agents may reasonably require, execute and deliver confirmatory written assignments of the Accounts Receivable to the Administrative Agent Agents and furnish such further schedules or and/or information as the Administrative any such Agent may reasonably request require relating to the Accounts Receivable, including sales invoices or the equivalent, credit memos issued, remittance advices, reports and copies of deposit slips and copies of original shipping or delivery receipts for all merchandise sold. In addition, the Borrower and the Domestic Guarantors shall notify the Administrative Agent Agents of any non non-compliance in respect of the representations, warranties and covenants contained in Section 8.039.03. The items to be provided under this Section 8.02 9.02 are to be in form reasonably satisfactory to the Administrative Agent Agents and are to be executed and delivered to the Administrative Agent Agents from time to time solely for their convenience in maintaining records of the Collateral. The Borrower's or any Domestic GuarantorSurety's failure to give any of such items to the Administrative Agent Agents shall not affect, terminate, modify or otherwise limit the Collateral Agent's Lien on the Collateral. Neither The Borrower and the Borrower nor any Domestic Guarantor Sureties shall not re-date any invoice or sale or make sales on extended dating beyond that customary in the Borrower's or such Domestic Guarantor's the Sureties' industry, and shall not re-bill any xxx Accounts Receivable without promptly disclosing the same xx to the Administrative Agent Agents and providing the Administrative Agent Agents with a copy of such re-billing, identifying the same as such. If the Borrower or any Domestic Guarantor becomes aware of anything materially detrimental to any of the Borrower's or any Domestic GuarantorSurety's customers' credit, the Borrower or such Domestic Guarantor will promptly advise the Administrative Agent Agents thereof.

Appears in 1 contract

Samples: Credit Agreement (Pen Holdings Inc)

Accounts Receivable Documentation. The Borrower Subject to the --------------------------------- prior rights of the Factor under the Factoring Agreements and the Domestic Guarantors Assignment Agreement, the Company and each Borrower will at such intervals as the Administrative Collateral Agent may reasonably require, execute and deliver confirmatory written assignments of the Accounts Receivable to the Administrative Collateral Agent and furnish such further schedules or and/or information as the Administrative Collateral Agent may reasonably request require relating to the Accounts Receivable, including including, without limitation, sales invoices or the equivalent, credit memos issued, remittance advicesadvises, reports and copies of deposit slips and copies of original shipping or delivery receipts for all merchandise sold. In addition, the Company and each Borrower and the Domestic Guarantors shall notify the Administrative Collateral Agent of any non material non-compliance in respect of the representations, warranties and covenants contained in Section 8.038.03 below. The items to be provided under this Section 8.02 are to be in form reasonably satisfactory to the Administrative Collateral Agent and are to be executed and delivered to the Administrative Collateral Agent from time to time solely for their its convenience in maintaining records of the Collateral. The Borrower's Company or any Domestic GuarantorBorrower's failure to give any of such items to the Administrative Collateral Agent shall not affect, terminate, modify or otherwise limit the Collateral Agent's Lien on in the Collateral. Neither Subject to the provisions of the Factoring Agreements, the Company and each Borrower nor any Domestic Guarantor shall not re-date any invoice or sale or make sales on extended dating beyond that customary in the BorrowerCompany's or such Domestic GuarantorBorrower's industry, and shall not re-bill xxxx any Accounts Receivable without promptly disclosing the same xx to the Administrative Factor and the Collateral Agent and providing the Administrative Factor and the Collateral Agent with a copy of such re-billing, identifying the same as such. If the Borrower Company or any Domestic Guarantor Borrower becomes aware of anything materially detrimental to the credit of any of the BorrowerCompany's or any Domestic Guarantor's of the Borrowers' customers' creditwhich is not otherwise publicly known with respect to non-credit approved Accounts Receivable, the Borrower Company or such Domestic Guarantor Borrower will promptly advise the Administrative Collateral Agent thereof.

Appears in 1 contract

Samples: Financing Agreement (Norton McNaughton Inc)

Accounts Receivable Documentation. The Subject to the --------------------------------- requirements of the Factoring Agreements and the CIT Assignment Agreement, each Borrower and the Domestic Guarantors Corporate Guarantor will at such intervals as the Administrative Agent may require, execute and deliver confirmatory written assignments of the Accounts Receivable to the Administrative Agent and furnish such further schedules or and/or information as the Administrative Agent may reasonably request require relating to the Accounts Receivable, including including, without limitation, sales invoices or the equivalent, credit memos issued, remittance advicesadvises, reports and copies of deposit slips and copies of original shipping or delivery receipts for all merchandise sold. In addition, the each Borrower and the Domestic Guarantors or Corporate Guarantor shall notify the Administrative Agent of any non non-compliance in respect of the representations, warranties and covenants contained in Section 8.038.03 below. The items to be provided under this Section 8.02 are to be in form reasonably satisfactory to the Administrative Agent and are to be executed and delivered to the Administrative Agent from time to time solely for their its convenience in maintaining records of the Collateral. The Any Borrower's or any Domestic Corporate Guarantor's failure to give any of such items to the Administrative Agent shall not affect, terminate, modify or otherwise limit the Collateral Agent's Lien on the Collateral. Neither Subject to the requirements of the Factoring Agreements, each Borrower nor any Domestic and Corporate Guarantor shall not re-date any invoice or sale or make sales on extended dating beyond that customary in the such Borrower's or such Domestic Corporate Guarantor's industry, and shall not re-bill xxxx any Accounts Receivable without promptly disclosing the same xx to the Administrative Agent and providing the Administrative Agent with a copy of such re-billing, identifying the same as such. If the any Borrower or any Domestic Corporate Guarantor becomes aware of anything materially detrimental to any of the Borrower's or any Domestic Corporate Guarantor's customers' credit, the such Borrower or such Domestic Corporate Guarantor will promptly advise the Administrative Agent thereof.

Appears in 1 contract

Samples: Financing Agreement (Happy Kids Inc)

Accounts Receivable Documentation. The Borrower and the Domestic Guarantors will at such intervals as the Administrative Agent Agents may require, execute and deliver confirmatory written assignments of the Accounts Receivable to the Administrative Agent Agents and furnish such further schedules or and/or information as the Administrative any such Agent may reasonably request require relating to the Accounts ReceivableReceivable of the Borrower or its Subsidiaries, including including, without limitation, sales invoices or the equivalent, credit memos issued, remittance advices, reports and copies of deposit slips and copies of original shipping or delivery receipts for all merchandise sold. In addition, the Borrower and the Domestic Guarantors shall notify the Administrative Agent Agents of any non non-compliance in respect of the representations, warranties and covenants contained in Section 8.03. The items to be provided under this Section 8.02 are to be in form reasonably satisfactory to the Administrative Agent Agents and are to be executed and delivered to the Administrative Agent Agents from time to time solely for their convenience in maintaining records of the Collateral. The Borrower's or any Domestic Guarantor's ’s failure to give any of such items to the Administrative Agent Agents shall not affect, terminate, modify or otherwise limit the Collateral Agent's ’s Lien on the Collateral. Neither Upon the occurrence and continuance of an Event of Default, Borrower nor any Domestic Guarantor shall not re-date any invoice or sale or make sales on extended dating beyond that customary in the Borrower's or such Domestic Guarantor's ’s industry, and shall not re-bill xxxx any Accounts Receivable without promptly disclosing the same xx to the Administrative Agent Agents and providing the Administrative Agent Agents with a copy of such re-billing, identifying the same as such. If the Borrower or any Domestic Guarantor becomes aware of anything materially detrimental to any of the Borrower's or any Domestic Guarantor's ’s customers' credit, the Borrower or such Domestic Guarantor will promptly advise the Administrative Agent Agents thereof.

Appears in 1 contract

Samples: Financing Agreement (Russ Berrie & Co Inc)

Accounts Receivable Documentation. The Borrower and the Domestic Guarantors VP Buildings will at such intervals as the Administrative Agent and the Collateral Agent may require, execute and deliver confirmatory written assignments of the Accounts Receivable to the Administrative Agent such Agents and furnish such further schedules or and/or information as the Administrative any such Agent may reasonably request require relating to the Accounts Receivable, including including, without limitation, sales invoices or the equivalent, credit memos issued, remittance advices, reports and copies of deposit slips and copies of original shipping or delivery receipts for all merchandise sold. In addition, the Borrower and the Domestic Guarantors VP Buildings shall notify the Administrative Agent and the Collateral Agent of any non non-compliance in respect of the representations, warranties and covenants contained in Section 8.03. The items to be provided under this Section 8.02 are to be in form reasonably satisfactory to the Administrative Agent and the Collateral Agent and are to be executed and delivered to the Administrative Agent and the Collateral Agent from time to time solely for their convenience in maintaining records of the Collateral. The Borrower's or any Domestic Guarantor's VP Buildings' failure to give any of such items to the Administrative Agent such Agents shall not affect, terminate, modify or otherwise limit the Collateral Agent's Lien on the Collateral. Neither the Borrower nor any Domestic Guarantor VP Buildings shall not re-date any invoice or sale or make sales on extended dating beyond that customary in the Borrower's or such Domestic Guarantor's VP Buildings industry, and shall not re-bill any xxx Accounts Receivable without promptly disclosing the same xx to the Administrative Agent and Collateral Agent and providing the Administrative Agent and Collateral Agent with a copy of such re-billing, identifying the same as such. If the Borrower or any Domestic Guarantor VP Buildings becomes aware of anything materially detrimental to any of the Borrower's or any Domestic Guarantor's its customers' credit, the Borrower or such Domestic Guarantor VP Buildings will promptly advise the Administrative Agent and Collateral Agent thereof.

Appears in 1 contract

Samples: Financing Agreement (LTV Corp)

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Accounts Receivable Documentation. The Borrower Subject to the rights of the Factor under the Factoring Agreements and the Domestic Guarantors Assignment of Factoring Proceeds Agreement, each Borrower will at such intervals as the Administrative Agent may reasonably require, execute and deliver confirmatory written assignments of the Accounts Receivable to the Administrative Agent and furnish such further schedules or and/or information as the Administrative Agent may reasonably request require relating to the Accounts Receivable, including including, without limitation, sales invoices or the equivalent, credit memos issued, remittance advicesadvises, reports and copies of deposit slips and copies of original shipping or delivery receipts for all merchandise sold. In addition, the each Borrower and the Domestic Guarantors shall notify the Administrative Agent of any non non-compliance in respect of the representations, warranties and covenants contained in Section 8.038.03 below. The items to be provided under this Section 8.02 are to be in form reasonably satisfactory to the Administrative Agent and are to be executed and delivered to the Administrative Agent from time to time solely for their its convenience in maintaining records of the Collateral. The Any Borrower's or any Domestic Guarantor's failure to give any of such items to the Administrative Agent shall not affect, terminate, modify or otherwise limit the Collateral Agent's Lien on in the Collateral. Neither Subject to the provisions of the Factoring Agreements, each Borrower nor any Domestic Guarantor shall not re-date any invoice or sale or make sales on extended dating beyond that customary in the such Borrower's or such Domestic Guarantor's industry, and shall not re-bill xxxx any Accounts Receivable without promptly disclosing the same xx to the Administrative Factor and the Agent and providing the Administrative Factor and the Agent with a copy of such re-billing, identifying the same as such. If the any Borrower or any Domestic Guarantor becomes aware of anything materially detrimental to any of the Borrower's or any Domestic Guarantor's Borrowers' customers' credit, the such Borrower or such Domestic Guarantor will promptly advise the Administrative Agent thereof.

Appears in 1 contract

Samples: Financing Agreement (Aris Industries Inc)

Accounts Receivable Documentation. The Borrower will, from and after the Domestic Guarantors will occurrence and during the continuation of an Event of Default, at such intervals as the Administrative Agent Agents may require, execute and deliver confirmatory written assignments of the Accounts Receivable to the Administrative Agent Agents and furnish such further schedules or and/or information as the Administrative any such Agent may reasonably request require relating to the Accounts Receivable, including including, without limitation, sales invoices or the equivalent, credit memos issued, remittance advices, reports and copies of deposit slips and copies of original shipping or delivery receipts for all merchandise sold. In addition, the Borrower and the Domestic Guarantors shall notify the Administrative Agent Agents of any non non-compliance in respect of the representations, warranties and covenants contained in Section 8.03. The items to be provided under this Section 8.02 are to be in form reasonably satisfactory to the Administrative Agent Agents and are to be executed and delivered to the Administrative Agent Agents from time to time solely for their convenience in maintaining records of the Collateral. The Borrower's or any Domestic Guarantor's ’s failure to give any of such items to the Administrative Agent Agents shall not affect, terminate, modify or otherwise limit the Collateral Agent's ’s Lien on the Collateral. Neither the The Borrower nor any Domestic Guarantor shall not re-date any invoice or sale or make sales on extended dating beyond that customary in the Borrower's or such Domestic Guarantor's ’s industry, and shall not re-bill xxxx any Accounts Receivable without promptly disclosing the same xx to the Administrative Agent Agents and providing the Administrative Agent Agents with a copy of such re-billing, identifying the same as such. If the Borrower or any Domestic Guarantor becomes aware of anything materially detrimental to any of the Borrower's or any Domestic Guarantor's ’s customers' credit, the Borrower or such Domestic Guarantor will promptly advise the Administrative Agent Agents thereof.

Appears in 1 contract

Samples: Financing Agreement (Mattress Holding Corp.)

Accounts Receivable Documentation. The Borrower Subject to the prior --------------------------------- rights of the Factor under the Factoring Agreements and the Domestic Guarantors Assignment Agreement, the Company and each Borrower will at such intervals as the Administrative Collateral Agent may reasonably require, execute and deliver confirmatory written assignments of the Accounts Receivable to the Administrative Collateral Agent and furnish such further schedules or and/or information as the Administrative Collateral Agent may reasonably request require relating to the Accounts Receivable, including including, without limitation, sales invoices or the equivalent, credit memos issued, remittance advicesadvises, reports and copies of deposit slips and copies of original shipping or delivery receipts for all merchandise sold. In addition, the Company and each Borrower and the Domestic Guarantors shall notify the Administrative Collateral Agent of any non material non-compliance in respect of the representations, warranties and covenants contained in Section 8.038.03 below. The items to be provided under this Section 8.02 are to be in form reasonably satisfactory to the Administrative Collateral Agent and are to be executed and delivered to the Administrative Collateral Agent from time to time solely for their its convenience in maintaining records of the Collateral. The Borrower's Company or any Domestic GuarantorBorrower's failure to give any of such items to the Administrative Collateral Agent shall not affect, terminate, modify or otherwise limit the Collateral Agent's Lien on in the Collateral. Neither Subject to the provisions of the Factoring Agreements, the Company and each Borrower nor any Domestic Guarantor shall not re-date any invoice or sale or make sales on extended dating beyond that customary in the BorrowerCompany's or such Domestic GuarantorBorrower's industry, and shall not re-bill re- xxxx any Accounts Receivable without promptly disclosing the same xx to the Administrative Factor and the Collateral Agent and providing the Administrative Factor and the Collateral Agent with a copy of such re-billing, identifying the same as such. If the Borrower Company or any Domestic Guarantor Borrower becomes aware of anything materially detrimental to the credit of any of the BorrowerCompany's or any Domestic Guarantor's of the Borrowers' customers' creditwhich is not otherwise publicly known with respect to non-credit approved Accounts Receivable, the Borrower Company or such Domestic Guarantor Borrower will promptly advise the Administrative Collateral Agent thereof.

Appears in 1 contract

Samples: Financing Agreement (McNaughton Apparel Group Inc)

Accounts Receivable Documentation. The Borrower and the Domestic Guarantors Loan Parties will at such intervals as the Administrative Agent may require, execute and deliver confirmatory written assignments of the Accounts Receivable to the Administrative Agent and furnish such further schedules or and/or information as the Administrative Agent may reasonably request require relating to the Accounts Receivable, including including, without limitation, sales invoices or the equivalent, credit memos issued, remittance advicesadvises, reports and copies of deposit slips and copies of original shipping or delivery receipts for all merchandise sold. In addition, the Borrower and the Domestic Guarantors Loan Parties shall notify the Administrative Agent of any non non-compliance in respect of the representations, warranties and covenants contained in Section 8.037.03. The items to be provided under this Section 8.02 7.02 are to be in form reasonably satisfactory to the Administrative Agent and are to be executed and delivered to the Administrative Agent from time to time solely for their convenience in maintaining records of the Collateralits convenience. The Borrower's or any Domestic GuarantorA Loan Party's failure to give any of such items to the Administrative Agent shall not affect, terminate, modify or otherwise limit the Collateral Agent's Lien on the Collateral. Neither the Borrower nor any Domestic Guarantor The Loan Parties shall not re-date any invoice or sale or make sales on extended dating beyond that customary in the BorrowerLoan Parties' industry and in the ordinary course of such Loan Party's or such Domestic Guarantor's industrybusiness. In addition, and the Loan Party shall not re-bill xxxx any Accounts Receivable without promptly disclosing the same xx to the Administrative Agent and providing the Administrative Agent with a copy of such re-billing, identifying the same as such; provided, however, if the original invoice amount of any Account Receivable proposed to be re-billed equals or exceeds $50,000, the Loan Party shall give the Agent prior written notice thereof together with a copy of the proposed re-billing; provided, further, the Loan Party shall not be required to notify the Agent of any Accounts Receivable which are re-billed in order to correct invoice errors or which are re-billed in the ordinary course of business and in a manner and an amount consistent with past business practice to the extent the aggregate amount of such re-billed Accounts Receivable do not exceed $50,000 during any month. If the Borrower or any Domestic Guarantor Loan Party becomes aware of anything materially detrimental to any of the Borrower's or any Domestic GuarantorLoan Party's customers' credit, the Borrower or such Domestic Guarantor Loan Party will promptly advise the Administrative Agent thereof.

Appears in 1 contract

Samples: Financing Agreement (Enherent Corp)

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