ASSUMPTION OF CREDIT RISK. A/R Funding, at its option, may advance money against accounts or invoices not exceeding a credit limit to be established by A/R Funding. If an unadjusted claim or dispute delays the payment of an account when due, the amount thereof may be charged back to Client as of the day of the original credit; such charge back will not be a reassignment of the account receivable and A/R Funding will retain a security interest in the account receivable as security for all of Client's obligations to A/R Funding. Client will report to A/R Funding all rejections and all returns of merchandise and customers claims immediately upon learning thereof, and will promptly adjust claims and disputes with customers at Client's own expense. Should any such returned merchandise come into the possession of Client, Client agrees to notify A/R Funding immediately and to hold such goods in trust, at Client's sole risk and expense, for and on behalf of A/R Funding, and to turn over such goods to A/R Funding upon A/R Funding's request unless the amount credited to Client by reason of the sale of such merchandise is repaid or otherwise secured to A/R Funding in a manner satisfactory to A/R Funding; further, A/R Funding shall have the right to sell the returned merchandise at private or public sale at Client's expense. Furthermore, A/R Funding shall have the right at all times to settle, compromise or litigate disputes or claims directly with Client's customers upon such terms and conditions as A/R Funding may deem advisable and to sell or cause to be sold without notice to Client any rejected or returned goods at such prices and to such customers and upon such terms as A/R Funding may deem advisable. If the amount received from such sale, less the costs and expenses of the sale, is less than the amount advanced on invoice represented by the merchandise, then Client shall be charged with such deficiency and A/R Funding shall have full recourse against Client for such deficiency.
ASSUMPTION OF CREDIT RISK. Upon the purchase of a Purchased Account, Purchaser shall assume the Credit Risk thereon, but not the risk of non-payment of such Purchased Account for any other reason. Notwithstanding anything to the contrary set forth herein, Purchaser’s Credit Risk on a Purchased Account shall not include any Customer’s inability to pay a Purchased Account at its longest maturity as a result of acts of war, acts of God, civil strife, currency restrictions or foreign political impediments. Each Client shall be liable to Purchaser and Administrative Purchaser for all representations, warranties, covenants and indemnities made by such Client pursuant to the terms of this Agreement, all of which obligations are limited so as not to constitute recourse to such Client for (a) the failure of any Customer to pay any Purchased Account due to an Insolvency Event, or (b) the non-payment of a Purchased Account which remains unpaid on the Outside Date and with respect to which the applicable Customer has not asserted or alleged a Commercial Dispute.
ASSUMPTION OF CREDIT RISK. Upon the purchase of a Purchased Account, Purchaser shall assume the Credit Risk thereon, but not the risk of non-payment of such Purchased Account for any other reason. Notwithstanding anything to the contrary set forth herein, Purchaser’s Credit Risk on a Purchased Account shall not include any Customer’s inability to pay a Purchased Account at its longest maturity as a result of acts of war, acts of God, civil strife, currency restrictions or foreign political impediments. Client shall be liable to Purchaser for all representations, warranties, covenants and indemnities made by Client pursuant to the terms of this Agreement, all of which obligations are limited so as not to constitute recourse to Client for the failure of any Customer to pay any Purchased Account solely as a result of an Insolvency Event with respect to such Customer or non-payment of such Purchased Account where such Customer has not asserted and does not assert a Commercial Dispute.
ASSUMPTION OF CREDIT RISK. Upon the purchase of a Purchased Account, WFB shall assume the Credit Risk thereon, but not the risk of non-payment of such Purchased Account for any other reason. Notwithstanding anything to the contrary set forth herein, WFB’s Credit Risk on a Purchased Account shall not include any Customer’s inability to pay a Purchased Account at its longest maturity as a result of war, acts of war, acts of God, civil strife, currency restrictions or foreign political impediments. Client shall be liable to WFB for all representations, warranties, covenants and indemnities made by Client pursuant to the terms of this Agreement, all of which obligations are limited so as not to constitute recourse to Client for the failure of any Customer or other obligor to pay any Purchased Account solely as a result of the Credit Risk thereon.
ASSUMPTION OF CREDIT RISK. Butte Creek, at its option, may advance money against accounts or invoices not exceeding a credit limit to be established by Butte Creek. If an unadjusted claim or dispute delays the payment of an account when due, the amount thereof may be charged back to GWB as of the day of the original credit; such charge back will not be a reassignment of the account receivable and Butte Creek will retain a security interest in the account receivable as security for all of GWB’s obligations to Butte Creek. GWB will report to Butte Creek all rejections and returns of merchandise and customers claims immediately upon learning thereof, and will promptly adjust claims and disputes with customers at GWB’s expense. Should any such returned merchandise come into the possession of GWB, GWB agrees to notify Butte Creek immediately and to hold such goods in trust, at GWB’s sole risk and expense, for and on behalf of Butte Creek, and to turn over such goods to Butte Creek upon Butte Creek’s request unless the amount credited to client by reason of the sale of such merchandise is repaid or otherwise secured to Butte Creek in a manner satisfactory to Butte Creek; further, Butte Creek shall have the right to sell the returned merchandise at private or public sale at GWB’s expense. Furthermore, Butte Creek shall have the right at all times to settle, compromise or litigate disputes or claims directly with GWB’s customers upon such terms and conditions as Butte Creek may deem advisable and to sell or cause to be sold without notice to GWB any rejected or returned goods at such prices and to such customers and upon such terms as Butte Creek may deem advisable. If the amount received from such sale, less the costs and expenses of the sale, is less than the amount advanced on invoice represented by the merchandise, then GWB shall be charged with such deficiency and Butte Creek shall have full recourse against GWB for such deficiency.
ASSUMPTION OF CREDIT RISK. AIR Funding, at its option, may advance money against accounts or invoices not exceeding a credit limit to be established by AIR. Funding. If an unadjusted claim or dispute delays the payment of an account when due, the amount thereof may be charged back to Client as of the day of the original credit; such charge back will not be a reassignment of the account receivable and AIR Funding will retain a security interest in the account receivable as security for all of Client's obligations to NR Funding. Client will report to AIR Funding all rejections and all returns of merchandise and customers claims immediately upon learning thereof, and will promptly adjust claims EXHIBIT A ELECTRONICALLY FILED - 2018 Oct 19 10:54 AM - GREENVILLE - COMMON PLEAS - CASE#2018CP2305380 ELECTRONICALLY FILED - 2018 Oct 19 10:54 AM - GREENVILLE - COMMON PLEAS - CASE#2018CP2305380 ELECTRONICALLY FILED - 2018 Oct 19 10:54 AM - GREENVILLE - COMMON PLEAS - CASE#2018CP2305380 ELECTRONICALLY FILED - 2018 Oct 19 10:54 AM - GREENVILLE - COMMON PLEAS - CASE#2018CP2305380 ELECTRONICALLY FILED - 2018 Oct 19 10:54 AM - GREENVILLE - COMMON PLEAS - CASE#2018CP2305380 ELECTRONICALLY FILED - 2018 Oct 19 10:54 AM - GREENVILLE - COMMON PLEAS - CASE#2018CP2305380 ELECTRONICALLY FILED - 2018 Oct 19 10:54 AM - GREENVILLE - COMMON PLEAS - CASE#2018CP2305380 EXHIBIT B ELECTRONICALLY FILED - 2018 Oct 19 10:54 AM - GREENVILLE - COMMON PLEAS - CASE#2018CP2305380 ELECTRONICALLY FILED - 2018 Oct 19 10:54 AM - GREENVILLE - COMMON PLEAS - CASE#2018CP2305380 ELECTRONICALLY FILED - 2018 Oct 19 10:54 AM - GREENVILLE - COMMON PLEAS - XXXX#0000XX0000000 XXXXX XX XXXXX XXXXXXXX XXXXXX XX XXXXXXXXXX Associated Receivables Funding, Inc., Plaintiff, v. JRiley Consulting LLC, and Xxxx X. Xxxxx, Individually, Defendants. ) IN THE COURT OF COMMON PLEAS ELECTRONICALLY FILED - 2018 Oct 19 10:54 AM - GREENVILLE - COMMON PLEAS - CASE#2018CP2305380 ) ) THIRTEENTH JUDICIAL CIRCUIT )
