Common use of Collection of Accounts, Proceeds of Collateral Clause in Contracts

Collection of Accounts, Proceeds of Collateral. To expedite collection, Borrower shall endeavor in the first instance to make collection of its Accounts for Agent. All remittances received by Borrower on account of Accounts, together with the proceeds of any other Collateral, shall be held as Agent's property by Borrower as trustee of an express trust for Agent's benefit and Borrower shall immediately deposit same in kind in the Dominion Account. Agent retains the right at all times after the occurrence of a Default or an Event of Default, if continuing, to notify Account Debtors that Accounts have been assigned to Agent and to collect Accounts directly in its own name and to charge the collection costs and expenses, including attorneys' fees to Borrower.

Appears in 3 contracts

Samples: Loan and Security Agreement (Nations Flooring Inc), Loan and Security Agreement (Executone Information Systems Inc), Loan and Security Agreement (Nations Flooring Inc)

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Collection of Accounts, Proceeds of Collateral. To expedite collection, Borrower shall endeavor in the first instance to make collection of its Accounts for AgentLender. All remittances received by Borrower on account of Accounts, together with the proceeds of any other Collateral, shall be held as Agent's Lender’s property by Borrower as trustee of an express trust for Agent's Lender’s benefit and Borrower shall immediately deposit same in kind in the Dominion Account. Agent Lender retains the right at all times after the occurrence of a Default or an Event of Default, if continuing, Default to notify Account Debtors that Accounts have been assigned to Agent Lender and to collect Accounts directly in its own name, or in the name of Lender’s agent, and to charge the collection costs and expenses, including attorneys' fees to Borrower.

Appears in 2 contracts

Samples: Loan and Security Agreement (Iwt Tesoro Corp), Loan and Security Agreement (Iwt Tesoro Corp)

Collection of Accounts, Proceeds of Collateral. To expedite collection, Borrower Borrowers shall endeavor in the first instance to make collection of its their respective Accounts for AgentLender. All remittances received by such Borrower on account of Accounts, together with the proceeds of any other Collateral, shall be held as AgentLender's property by Borrower Borrowers as trustee of an express trust for AgentLender's benefit and Borrower Borrowers shall immediately deposit same in kind in the Dominion Account. Agent Lender retains the right at all times after during the occurrence continuance of a Default or an Event of Default, if continuing, Default to notify Account Debtors that Accounts have been assigned to Agent Lender and to collect Accounts directly in its own name and to charge the collection costs and expenses, including attorneys' fees to BorrowerBorrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Eagle Pacific Industries Inc/Mn)

Collection of Accounts, Proceeds of Collateral. To expedite collection, Borrower shall endeavor in the first instance to make collection of its Accounts for Agent. All remittances received by Borrower on account of Accounts, together with the proceeds of any other Collateral, shall be held as Agent's property by Borrower as trustee of an express trust for Agent's benefit and Borrower shall immediately deposit same in kind in the Dominion Account. Agent retains the right at all times after the occurrence of a Default or an Event of Default, if continuing, Default to notify Account Debtors that Accounts have been assigned to Agent and to collect Accounts directly in its own name, or in the name of Agent's agent, and to charge the collection costs and expenses, including reasonable attorneys' fees to Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Home Products International Inc)

Collection of Accounts, Proceeds of Collateral. To expedite collection, Borrower shall endeavor in the first instance to make collection of its Accounts for Agent. All remittances received by Borrower on account of Accounts, together with the proceeds of any other Collateral, shall be held as Agent's property by Borrower as trustee of an express trust for Agent's benefit and Borrower shall immediately deposit same in kind in the Dominion Account. Agent retains the right at all times after the occurrence of a Default or an Event of Default, if continuing, Default to notify Account Debtors that Accounts have been assigned to Agent and to collect Accounts directly in its own name and to charge the collection costs and expenses, including attorneys' fees to Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Houston Wire & Cable CO)

Collection of Accounts, Proceeds of Collateral. To expedite collection, Borrower shall endeavor in the first instance to make collection of its Accounts for Agent. All remittances payment items received by Borrower on account in respect of Accounts, together with the proceeds of any other Collateral, shall be held as Agent's property by Borrower as trustee of an express trust for Agent's benefit and Borrower shall immediately deposit same in kind in the Dominion Account. Agent retains the right at all times after the occurrence of a Default or an Event of Default, if continuing, Default to notify Account Debtors that Accounts have been assigned to Agent and to collect Accounts directly in its own name and to charge to Borrower the collection costs and expenses, including attorneys' fees to Borrowerfees.

Appears in 1 contract

Samples: Financing Agreement (Emerge Interactive Inc)

Collection of Accounts, Proceeds of Collateral. To expedite collection, Borrower shall endeavor in the first instance to make collection of its Accounts for Agent. All remittances received by Borrower on account of Accounts, together with the proceeds of any other Collateral, shall be held as Agent's ’s property by Borrower as trustee of an express trust for Agent's ’s benefit and Borrower shall immediately deposit same in kind in the Dominion Account. Agent retains the right at all times after the occurrence of a Default or an Event of Default, if continuing, Default to notify Account Debtors that Accounts have been assigned to Agent and to collect Accounts directly in its own name and to charge the collection costs and expenses, including attorneys' fees to Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Houston Wire & Cable CO)

Collection of Accounts, Proceeds of Collateral. To expedite collection, Borrower shall endeavor in the first instance to make collection of its Accounts for Agent. All remittances received by Borrower on account of Accounts, together with the proceeds of any other Collateral, shall be held as Agent's ’s property by Borrower as trustee of an express trust for Agent's ’s benefit and Borrower shall immediately deposit same in kind in the Dominion Account. Agent retains the right at all times after the occurrence of a Default or an Event of Default, if continuing, Default to notify Account Debtors that Accounts have been assigned to Agent and to collect Accounts directly in its own name, or in the name of Agent’s agent, and to charge the collection costs and expenses, including reasonable attorneys' fees to Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Home Products International Inc)

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Collection of Accounts, Proceeds of Collateral. To expedite collection, Borrower Borrowers shall endeavor in the first instance to make collection of its their Accounts for AgentLender. All remittances received by Borrower Borrowers on account of Accounts, together with the proceeds of any other Collateral, shall be held as AgentLender's property by Borrower Borrowers as trustee of an express trust for AgentLender's benefit and Borrower Borrowers shall immediately deposit same in kind in the Dominion AccountAccount(s). Agent Lender retains the right at all times after the occurrence of a Default or an Event of Default, if continuing, Default to notify Account Debtors that Accounts have been assigned to Agent Lender and to collect Accounts directly in its own name and to charge the collection costs and expenses, including reasonable attorneys' fees to BorrowerBorrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Tmci Electronics Inc)

Collection of Accounts, Proceeds of Collateral. To expedite collection, Borrower shall endeavor in the first instance to make collection of its Accounts for Agent. All remittances received by Borrower on account of Accounts, together with the proceeds of any other Collateral, shall be held as Agent's property by Borrower as trustee of an express trust for Agent's benefit and Borrower shall immediately deposit same in kind in the Dominion Account. Agent retains the right at all times after during the occurrence continuance of a Default or an Event of Default, if continuing, Default to notify Account Debtors that Accounts have been assigned to Agent and to collect Accounts directly in its own name and to charge the collection costs and expenses, including attorneys' fees to Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Eagle Pacific Industries Inc/Mn)

Collection of Accounts, Proceeds of Collateral. To expedite collection, Borrower shall endeavor in the first instance to make collection of its Accounts for AgentAgent and Lenders. All remittances received by Borrower on account in respect of Accounts, together with the proceeds of any other Collateral, shall be held as Agent's Lenders' property by Borrower as trustee of an express trust for Agent's Lenders' benefit and Borrower shall immediately deposit same in kind in the Dominion Account. Agent retains the right at all times after the occurrence of a Default or while an Event of Default, if continuing, Default exists to notify Account Debtors that Accounts have been assigned to Agent and Lenders and to collect Accounts directly in its own name and to charge the collection costs and expenses, including reasonable attorneys' fees to Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Industrial Data Systems Corp)

Collection of Accounts, Proceeds of Collateral. To expedite collection, Borrower shall endeavor in the first instance to make collection of its Accounts for Agent. All remittances received by Borrower on account of Accounts, together with the proceeds of any other Collateral, shall be held as Agent's property by Borrower as trustee of an express trust for Agent's benefit and Borrower shall immediately deposit same in kind in the Dominion Account. Agent retains the right at all times after the occurrence and during the continuance of a Default or an Event of Default, if continuing, Default to notify Account Debtors that Accounts have been assigned to Agent and to collect Accounts directly in its own name and to charge the collection costs and expenses, including attorneys' fees to Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Northwestern Steel & Wire Co)

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