Common use of Credit Quality; Confirmations Clause in Contracts

Credit Quality; Confirmations. Bank may, at its option, conduct a credit check of the Account Debtor for each Account requested by Borrower for financing hereunder in order to approve any such Account Debtor’s credit before agreeing to finance such Account. Bank may also, in consultation with Borrower (provided that such consultation will not be required upon the occurrence and during the continuance of an Event of Default), verify directly with the respective Account Debtors the validity, amount and other matters relating to the Accounts (including confirmations of Borrower’s representations in Section 5.3) by means of mail, telephone or otherwise, either in the name of Borrower or Bank from time to time in its sole discretion.

Appears in 2 contracts

Samples: Loan Modification Agreement (Cyoptics Inc), First Loan Modification Agreement (Cyoptics Inc)

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Credit Quality; Confirmations. Bank may, at its option, conduct a credit check of the Account Debtor for each Account requested by Borrower for financing hereunder in order to approve any such Account Debtor’s credit before agreeing to finance such Account. Bank may also, in consultation with Borrower (provided that such consultation will not be required upon the occurrence and during the continuance of an Event of Default), verify directly with the respective Account Debtors the validity, amount and other matters relating to the Accounts (including confirmations of Borrower’s representations in Section 5.3Sections 5.3 and 5.4) by means of mail, telephone or otherwise, either in the name of Borrower or Bank from time to time in its sole discretion.

Appears in 2 contracts

Samples: First Loan Modification Agreement (Cyoptics Inc), Loan and Security Agreement (Cyoptics Inc)

Credit Quality; Confirmations. Bank may, at its option, conduct a credit check of the Account Debtor for each Account Account, Inventory, or Purchase Order requested by Borrower for financing hereunder in order to approve any such Account Debtor’s credit before agreeing to finance such Account, Inventory, or Purchase Order. Bank may also, in consultation with Borrower (provided that such consultation will not be required upon the occurrence and during the continuance of an Event of Default), also verify directly with the respective Account Debtors the validity, amount and other matters relating to the Accounts Accounts, Inventory, or Purchase Orders (including confirmations of Borrower’s representations in Section 5.3Sections 5.3 and 5.11 of this Agreement) by means of mail, telephone or otherwise, either in the name of Borrower or Bank from time to time in its sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Active Power Inc)

Credit Quality; Confirmations. Bank may, at its option, conduct a credit check of the Account Debtor for each Account requested by Borrower for financing hereunder in order to approve any such Account Debtor’s credit before agreeing to finance such Account. At any time at which Borrower is not Streamline Facility Eligible, Bank may also, in consultation with Borrower (provided that such consultation will not be required upon the occurrence and during the continuance of an Event of Default), also verify directly with the respective Account Debtors the validity, amount and other matters relating to the Accounts (including confirmations of Borrower’s representations in Section 5.3) by means of mail, telephone or otherwise, either in the name of Borrower or Bank from time to time in its sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Axs One Inc)

Credit Quality; Confirmations. Bank may, at its option, conduct a credit check of the Account Debtor for each Account requested by Borrower for financing hereunder in order to approve any such Account Debtor’s credit before agreeing to finance such Account. Bank may also, in consultation with At all times that Borrower (provided that such consultation will is not be required upon the occurrence and during the continuance of Borrowing Base Eligible or an Event of Default)Default has occurred and is continuing, Bank may also verify directly with the respective Account Debtors the validity, amount and other matters relating to the Accounts (including confirmations of Borrower’s representations in Section 5.35.3 of this Agreement) by means of mail, telephone or otherwise, either in the name of Borrower or Bank from time to time in its sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Aehr Test Systems)

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Credit Quality; Confirmations. Bank may, at its option, conduct a credit check of the Account Debtor for each Account requested by Borrower for financing hereunder in order to approve any such Account Debtor’s credit before agreeing to finance such Account. Bank may also, in consultation with At all times that Borrower (provided that such consultation will is not be required upon the occurrence and during the continuance of Borrowing Base Eligible or an Event of Default)Default has occurred and is continuing, Bank may also verify directly with the respective Account Debtors the validity, amount and other matters relating to the Accounts (including confirmations of Borrower’s representations in Section 5.3Sections 5.3 and 5.4) by means of mail, telephone or otherwise, either in the name of Borrower or Bank from time to time in its sole discretion.

Appears in 1 contract

Samples: Export Import Bank Loan and Security Agreement (Aehr Test Systems)

Credit Quality; Confirmations. Bank may, at its option, conduct a credit check of the Account Debtor for each Account or Purchase Order requested by Borrower for financing hereunder in order to approve any such Account Debtor’s credit before agreeing to finance such AccountAccount or Purchase Order. At all times that Borrower is not Borrowing Base Eligible, Bank may also, in consultation with Borrower (provided that such consultation will not be required upon the occurrence and during the continuance of an Event of Default), also verify directly with the respective Account Debtors the validity, amount and other matters relating to the Accounts or Purchase Orders (including confirmations of Borrower’s representations in Section 5.3) by means of mail, telephone or otherwise, either in the name of Borrower or Bank from time to time in its sole but reasonable discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Audience Inc)

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