Certain Receivables. Schedule 3.11 is an accurate list as of the Closing Date of the accounts and notes receivable of the Corporation from and advances to employees, former employees, officers, directors, the Shareholders and Affiliates of the foregoing which have not been repaid. For purposes of this Agreement, the term "AFFILIATE" means, with respect to any person, any person that directly or indirectly through one or more intermediaries controls or has an ownership interest in, or is controlled or owned in whole or in part by, or is under common control or ownership in whole or in part with such person, and in the case of the Corporation includes directors and officers, in the case of individuals includes the individual's spouse, father, mother, grandfather, grandmother, brothers, sisters, children and grandchildren and in the case of a trust includes the grantors, trustees and beneficiaries of the trust.
Certain Receivables. Schedule 3.11 is an accurate list as of the ------------------- Closing Date of the accounts and notes receivable of the Corporation from and advances to employees, former employees, officers, directors, the Shareholders and Affiliates of the foregoing. For purposes of this Agreement, the term "Affiliate" means, with respect to any person, any person that directly or indirectly through one or more intermediaries controls, or is controlled by, or is under common control with such person, and in the case of the Corporation includes directors and officers, in the case of individuals includes the individual's spouse, father, mother, grandfather, grandmother, brothers, sisters, children and grandchildren and in the case of a trust includes the grantors, trustees and beneficiaries of the trust.
Certain Receivables. Schedule 3.11 is an accurate list as of the Signing Date of the accounts and notes receivable of the Corporations from and advances to employees, former employees, officers, directors, the Shareholder and Affiliates of the foregoing which have not been repaid. For purposes of this Agreement, the term "AFFILIATE" means, with respect to any person, any person that directly or indirectly through one or more intermediaries controls or has an ownership interest in, or is controlled or owned in whole or in part by, or is under common control or ownership in whole or in part with such person, and in the case of a corporation includes directors and officers, in the case of individuals includes the individual's spouse, father,
Certain Receivables. 1. Schedule 3.11(a) is an accurate list as of the Effective Date of the accounts and notes receivable of the Corporation from, and advances to, employees, former employees, officers, directors, the Shareholders and Affiliates of the foregoing which have not been repaid. For purposes of this Agreement, the term "
Certain Receivables. (a) All accounts and notes receivable ------------------- with respect to the Divisions which are listed or described in Section 2.2.2 of the PDM Disclosure Schedule, (b) all accounts and notes receivable in which a Related Party is a debtor; (c) all receivables relating to the Enron LNG Project and the Tampa Sea-3 Project; and (d) the Argentina value added tax receivable in the approximate amount of $1,200,000.
Certain Receivables. Schedule 3.11 is an accurate list of the accounts and notes receivable of the Corporation or KCI from and advances to employees, former employees, officers, directors, the Shareholders and Affiliates of the foregoing which have not been fully repaid. For purposes of this Agreement, the term "AFFILIATE" means, with respect to any person, any person that directly or indirectly through one or more intermediaries controls or has an ownership interest in, or is controlled or owned in whole or in part by, or is under common control or ownership in whole or in part with such person, and in the case of the Corporation or KCI includes directors and officers, in the case of individuals includes the individual's spouse, father, mother, grandfather, grandmother, brothers, sisters, children and grandchildren and in the case of a trust includes the grantors, trustees and beneficiaries of the trust.
Certain Receivables. Amounts reflected on Quanex's books and records as of the Effective Time as receivables by Quanex from any person affiliated with Quanex;
Certain Receivables. Accounts and notes receivable from NREL or F&B to Seller.
Certain Receivables. As set forth on the Final Closing Statement, the aggregate face value of the accounts receivable outstanding on the Closing Date equals Nine Hundred Seventy-One Thousand Five Hundred Fifteen U.S. Dollars ($971,515) (the "Closing Date Receivables"), which are subject to a reserve for doubtful accounts of Five Hundred Twenty-Four Thousand Nine Hundred Ninety-Nine U.S. Dollars ($524,999) (the "Reserve"), such that the net accounts receivable equal Four Hundred Forty-Six Thousand Five Hundred Sixteen U.S. Dollars ($446,516) (the "Net Receivables"). To the extent that Buyer collects, after the Closing Date, amounts in respect of the Closing Date Receivables in excess of the Net Receivables only, Buyer shall promptly pay over to Seller in cash those amounts; provided, however, that Buyer shall not be liable to pay over any amounts in excess of the Reserve. In addition, Buyer shall be entitled to compromise (either by way of discount or write-off) up to twenty-five percent (25%) of any Closing Date Receivables without the consent of Seller, provided that Buyer shall consult Seller on any such compromise. Any proposed compromise (either by way of discount or write-off) by Buyer of any Closing Date Receivables in excess of twenty-five percent (25%) shall require the consent of Seller, which consent shall not be unreasonably withheld, delayed or conditioned.
Certain Receivables. It is hereby understood and agreed that, notwithstanding anything in the Loan Agreement, the Receivables Contribution and Sale Agreement (including the requirement of Section 7.2 of the Receivables Contribution and Sale Agreement that prior to the effectiveness of any New Originator’s becoming an Originator, executed Lock-Box Agreement for each related Lock-Box and Lock-Box Account be delivered, which requirement is hereby waived solely as to the joining of BRK Brands, Inc. (“BRK”), Lehigh Consumer Products LLC (“Lehigh”), Xxxx-Xxxxxxx, LLC (“Xxxx-Xxxxxxx”) and Miken Sports, LLC (“Miken”) as New Originators) or otherwise to the contrary, if, within 15 days after the date hereof, the Borrower does not deliver or cause to be delivered to the Administrator, in the form and substance reasonably satisfactory to the Administrator, fully executed amendments to the relevant existing Lock-Box Account Agreements to add account Nos. (i) 5800923418 with Bank of America (f/k/a LaSalle Bank National Association), (ii) 981092570, 984473539 and 987358165 with National City Bank, and (iii) 304195758 and 844040121 with JPMorgan Chase Bank to the accounts subject to the respective Lock-Box Account Agreements, all Receivables with respect to which any Obligor is instructed to make payments to any of the Lock-Box Accounts listed above shall not be deemed Eligible Receivables.
