Collection by Buyer. The Buyer must follow its normal internal debt collection procedures to collect the Receivables on behalf of the Seller, including without limitation calling and writing to the relevant Customer to request payment of that Customer's Receivable. The Seller does not authorise the Buyer to instruct any third party, including without limitation any lawyer or debt collection agency, to collect any of the Receivables. The Buyer is in no way liable to the Seller for failing to recover any of the Receivables to be collected under this clause 4.4.
Collection by Buyer. Buyer is appointed Seller's attorney-in-fact and may:
Collection by Buyer. If an Event of Default occurs and continues Buyer is appointed Sellers attorney-in-fact and Buyer may:
Collection by Buyer. Section 3.2 of the Purchase Agreement is hereby amended in its entirety to read as follows:
Collection by Buyer. (a) Seller shall, at any time and from time to time, on Buyer's request, give written notice to each Account Debtor that the Purchased Receivables have been sold, transferred and assigned to Buyer, and directing that all payments on the Purchased Receivable be made to the Buyer or as the Buyer shall direct. Said written notice shall be on Buyer's standard form.
Collection by Buyer. Upon the purchase of the Purchased Receivables, Buyer shall have full power and authority to ask for, demand, take, collect, xxx for and receive all payments in respect of the obligations which Seller, except for the execution hereof, could ask for, demand, take, collect, xxx for ad receive for its own use, and to enforce all rights and remedies thereunder which Seller could enforce if this Agreement had not been made and Seller hereby ratifies any actions which Buyer shall lawfully take to enforce its rights hereunder; PROVIDED that Buyer shall not exercise such power or authority prior to the occurrence of an Event of Default, except on prior written notice to Seller. Without limiting the foregoing, Buyer may enforce the payment of each of the Purchased Receivables in its own name or in the name of Seller, and may endorse the name of the Seller on all checks, drafts, money orders and other instruments tendered to or received in payment of any such Purchased Receivables. Seller hereby authorizes Buyer to notify any and all Account Debtors with respect to such Purchased Receivables of the purchase and sale contemplated hereby, and to cause all payments in respect thereof to be made directly to Buyer. Whether or not Buyer shall have so notified any Account Debtors, upon Buyer's request the Seller shall at its expense so notify the Account Debtors, cause all payments in respect thereof to be made directly to Buyer and render all reasonable assistance to Buyer in collecting such items and in enforcing claims thereof. All sums collected or received and all property recovered and possessed by Buyer in connection with the Purchased Receivables shall belong to Buyer absolutely. All sums collected or received and all property recovered or possessed by the Seller in connection with Purchased Receivables shall be received and held by the Seller in trust for and on Buyer's behalf; and upon receipt of any such sum or property, Seller shall forthwith deliver the same to Buyer, or upon its order. In connection with its obligations under this SECTION 3.2, Seller agrees to execute such instruments (including without limitation applications to governmental authorities for the delivery of mail through an agent) and to adopt such procedures, including the appointment of trustees of the institution of depositary or collateral account procedures, as Buyer may from time to time request, to provide for the direct collection by it of amounts due under the Purchased Receivables.
Collection by Buyer. Upon the purchase of the Obligations, ------------------- Buyer shall have full power and authority to ask for, demand, take, collect, xxx for and receive all payments in respect of the Obligations. Without limiting the foregoing, Buyer may enforce the payment of each of the Obligations in its own name or in the name of Seller, and may endorse the name of Seller on all checks, drafts, money orders and other instruments tendered to or received in payment of any such Obligations. Seller authorizes Buyer to notify any and all Obligors with respect to such Obligations of the purchase and sale contemplated hereby, and to cause all payments in respect thereof to be made directly to Buyer and render all reasonable assistance to Buyer in collecting such items and in enforcing claims thereof. All sums collected or received and all property recovered and possessed by Buyer in connection with the Obligations shall belong to Buyer absolutely. All sums collected or received and all property recovered or possessed by Seller in connection with Obligations shall be received and held by Seller in trust for and on Buyer's behalf; and upon receipt of any such sum or property, Seller shall forthwith deliver the same to Buyer, or upon its order.
Collection by Buyer. (a) The Seller is entitled to the Receivables but, subject to clause 6.5, must not attempt to collect them.
Collection by Buyer. Each Seller hereby irrevocably appoints Buyer with full power of substitution as its true and lawful attorney and authorizes Buyer to act in such Seller’s name, place and stead, to demand, xxx for, compromise and recover all such sums of money which now are, or may hereafter become, due and payable for or on account of the Acquired Accounts Receivable. Each Seller grants to Buyer full authority to do all things necessary to realize upon the Acquired Accounts Receivable and such Seller’s rights thereunder or related thereto pursuant to this Agreement, including the right to endorse and deposit into Buyer’s accounts checks made payable to any Seller. Each Seller agrees that the powers granted by this paragraph are discretionary in nature and exercisable at the sole option of Buyer. Buyer shall have no obligation to take any action to prove, defend, demand or take any action with respect to the Acquired Accounts Receivable. Case 1-12-46913-ess Doc 417-1 Filed 03/07/13 Entered 03/07/13 18:43:38
Collection by Buyer. The Seller takes photographs of the Cake from all angles before the Cake leaves the Seller's premises. For Xxxx collected from the Seller, the Seller requires a signed collection note by the person collecting confirming that the Cake was handed over in perfect condition. The Seller does not accept any liability for loss or damage to the Cake following collection.
