Common use of Receivables and Payables Clause in Contracts

Receivables and Payables. (i) Except as set forth in Schedule 7.2(s)(1): (A) Company has good right, title, and interest in and to all its accounts and notes receivable, and trade notes and trade accounts reflected in the [Latest Balance Sheet] and those acquired and generated since the date of the [Latest Balance Sheet] (except for those paid since date of the [Latest Balance Sheet]); (B) none of such accounts and notes receivable, and trade notes and trade accounts is subject to any mortgage, pledge, lien, or security interest of any kind or nature (whether or not of record); (C) except to the extent of applicable reserves shown in the [Latest Balance Sheet], accounts and notes receivable, and trade notes and trade accounts owing to the Company constitute valid and enforceable claims arising from bona fide transactions in the ordinary course of business and there are no claims, refusals to pay, or other rights of set-off against any thereof; (D) no account or note debtor whose account or note balance exceeds the amount set forth in the Schedules at the date set forth therein was delinquent in payment by more than ninety (90) days; (E) the aging schedule of the accounts and notes receivable, and trade notes and trade accounts of Company previously furnished to FATA is complete and accurate; and (F) there is no reason why any account or note receivable, or trade note or trade account will not be collected in accordance with its terms, other than for such accounts and notes which are not in excess of the reserves established therefor and reflected in the [Latest Balance Sheet].

Receivables and Payables. (ia) Except as set forth in Schedule 7.2(s)(1): on the Disclosure Schedule, (Ai) Company has good right, title, title and interest in and to all its accounts and notes receivable, receivable and trade notes and trade accounts as reflected on the Interim Financial Statements and as will be reflected in the [Latest Final Balance Sheet] and those acquired and generated since the date of the [Latest Balance Sheet] (except for those paid since date of the [Latest Balance Sheet]); (Bii) none of such accounts and notes receivable, receivable and trade notes and trade accounts is or will be subject to any mortgage, pledge, lien, lien or security interest of any kind or nature (whether or not of record); (Ciii) except to the extent of applicable reserves shown on the Interim Financial Statements and which will be shown in the [Latest Final Balance Sheet], all of the accounts and notes receivable, and trade notes and trade accounts owing to the Company constitute valid and enforceable claims arising from bona fide transactions in the ordinary course of business business, and there are no claims, refusals to pay, pay or other rights of set-off against any thereof; (Div) no account or note debtor whose account or note balance exceeds the amount set forth in the Schedules Disclosure Schedule at the date set forth therein was delinquent in payment by more than ninety (90) days; (E) the aging schedule of the accounts and notes receivable, and trade notes and trade accounts of Company previously furnished to FATA is complete and accurate; and (Fv) there is no reason why any account or note receivable, receivable or trade note or trade account will not be collected in accordance with its terms, other than for such accounts and notes which are not in excess of the reserves established therefor and reflected in on the [Latest Balance Sheet]Disclosure Schedule.

Receivables and Payables. (ia) Except as set forth in Schedule 7.2(s)(1): on the Disclosure Schedule, (Ai) the Company has good right, title, title and interest in and to all its accounts and notes receivable, receivable and trade notes and trade accounts reflected in constituting the [Latest Balance Sheet] and those acquired and generated since Assets (the date of the [Latest Balance Sheet] (except for those paid since date of the [Latest Balance Sheet]“Accounts Receivable”); (Bii) none of such accounts and notes receivable, and trade notes and trade accounts Accounts Receivable is subject to any mortgage, pledge, lien, or security interest of any kind or nature (whether or not of record)Lien; (Ciii) to the best knowledge of the Company, except to the extent of applicable reserves shown in the [Latest Unaudited Balance Sheet], accounts and notes receivable, and trade notes and trade accounts all of the Accounts Receivable owing to the Company constitute valid and enforceable claims arising from bona fide transactions in the ordinary course of business business, and there are no claims, refusals to pay, pay or other rights of set-off against any thereof; (Div) no account or note debtor whose account or note balance exceeds the amount set forth in the Schedules Disclosure Schedule at the date set forth therein was delinquent in payment by more than ninety (90) days; (Ev) the aging schedule of the accounts and notes receivableAccounts Receivable as of August 31, and trade notes and trade accounts of Company 2003 previously furnished to FATA the Purchaser is complete and accurate; and (Fvi) to the knowledge of Company there is no reason why any account or note receivable, or trade note or trade account Account Receivable will not be collected in accordance with its terms, other than for such accounts and notes which are not in excess of the reserves established therefor and reflected in the [Latest Unaudited Balance Sheet].

Receivables and Payables. (i) Except as set forth in Schedule 7.2(s)(1): on the Disclosure Schedule, (A) Company has Corporation and Business have good right, title, title and interest in and to all its accounts and notes receivable, receivable and trade notes and trade accounts reflected in the [Latest Balance Sheet] Sheet and those acquired and generated since the date of the [Latest Balance Sheet] Sheet (except for those paid since the date of the [Latest Balance Sheet]); (B) none of such accounts and notes receivable, receivable and trade notes and trade accounts is subject to any mortgage, pledge, lien, lien or security interest of any kind or nature (whether or not of record); (C) except to the extent of applicable reserves shown in the [Latest Balance Sheet], all of the accounts and notes receivable, and trade notes and trade accounts owing to the Company Corporation or Business constitute valid and enforceable claims arising from bona fide transactions in the ordinary course of business business, and there are no claims, refusals to pay, pay or other rights of set-off against any thereof; (D) no account or note debtor whose account or note balance exceeds the amount set forth in the Schedules Disclosure Schedule at the date set forth therein was delinquent in payment by more than ninety (90) days; (E) the aging schedule of the accounts and notes receivable, receivable and trade notes and trade accounts of Company Corporation and Business previously furnished to FATA Purchaser is complete and accurate; and (F) there is no reason why any account or note receivable, receivable or trade note or trade account will not be collected in accordance with its terms, other than for such accounts and notes which are not in excess of the reserves established therefor and reflected in the [Latest Balance Sheet].

Receivables and Payables. (ia) Section 2.11 of the Disclosure Schedule lists all accounts receivable, notes receivable, trade notes and trade accounts (collectively, “Accounts Receivable”) of the Company as of July 31, 2008, including their aging. Except as set forth in Schedule 7.2(s)(1): Section 2.11 of the Disclosure Schedule, (A) the Company has good right, title, title and interest in and to all its accounts and notes receivableAccounts Receivable, and trade notes and trade accounts including those reflected in the [Latest Balance Sheet] Sheet and those acquired and generated since the date of the [Latest Balance Sheet] Sheet (except for those paid since the date of the [Latest Balance Sheet]); (B) none of such accounts and notes receivable, and trade notes and trade accounts Accounts Receivable is subject to any mortgage, pledge, lien, lien or security interest of any kind or nature (whether or not of record)) except Permitted Liens; (C) except to the extent of applicable reserves shown in the [Latest Balance Sheet], accounts and notes receivableto the knowledge of the Company, and trade notes and trade accounts all of the Accounts Receivable owing to the Company constitute valid and enforceable claims arising from bona fide transactions in the ordinary course of business business, and there are no claims, refusals to pay, pay or other rights of set-off against any thereof; (D) no account or note debtor whose account or note balance exceeds the amount set forth in the Schedules at the date set forth therein was is delinquent in payment by more than ninety (90) days; (E) the aging schedule of the accounts and notes receivable, and trade notes and trade accounts Accounts Receivable of the Company previously furnished to FATA set forth in the Disclosure Schedule is complete and accurateaccurate in all material respects; and (F) to the knowledge of the Company, there is no reason why any account or note receivable, or trade note or trade account Accounts Receivable will not be collected in accordance with its terms, other than for such accounts and notes which are not in excess of the reserves established therefor and reflected in the [Latest Balance Sheet].

Receivables and Payables. (i) Except as set forth disclosed in Schedule 7.2(s)(1): the Disclosure Schedule, (A) Company has good right, title, title and interest in and to all of its accounts receivable and notes receivablereceivable of any kind or nature whatsoever, and trade notes and whether from trade accounts or affiliated parties or otherwise ("Receivables"), as reflected in the [Latest Balance Sheet] and those Sheet or acquired and or generated since the date of the [Latest Balance Sheet] Sheet (except for those paid since the date of the [Latest Balance Sheet]); (B) none of such accounts and notes receivable, and trade notes and trade accounts Receivables is subject to any mortgage, pledge, lien, lien or security interest of any kind or nature (whether or not of record); (C) except to all of such Receivables reflected on the extent of applicable reserves shown in the [Latest Balance Sheet], accounts and notes receivable, and trade notes and trade accounts owing to Sheet or acquired or generated since the Company date of the Latest Balance Sheet constitute valid and enforceable claims arising from bona fide transactions in the ordinary course of business business, and there are no claims, refusals to pay, pay or other rights of set-off against any thereof; (D) no account or note debtor whose account or note balance exceeds the amount set forth in the Schedules at the date set forth therein was $1,000 is delinquent in payment by more than ninety (90) days; (E) the aging schedule of the accounts and notes receivable, and trade notes and trade accounts of Company Receivables previously furnished to FATA Parent is complete and accurate; and (F) there is no reason why any account or note receivable, or trade note or trade account all Receivables will not be collected by Company in accordance with its terms, other than for such accounts and notes which are not in excess their respective terms or appropriate reserves have been established to reflect the actual amount of the reserves established therefor and reflected in the [Latest Balance Sheet]Receivables that will be collected.

Receivables and Payables. (ia) Except as set forth in Schedule 7.2(s)(1): on the Disclosure Schedule, (Ai) the Company has good right, title, title and interest in and to all its accounts and notes receivable, receivable and trade notes and trade accounts reflected in constituting the [Latest Balance Sheet] and those acquired and generated since Assets (the date of the [Latest Balance Sheet] (except for those paid since date of the [Latest Balance Sheet]"Accounts Receivable"); (Bii) none of such accounts and notes receivable, and trade notes and trade accounts Accounts Receivable is subject to any mortgage, pledge, lien, or security interest of any kind or nature (whether or not of record)Lien; (Ciii) except to the extent of applicable reserves shown in the [Latest Unaudited Balance Sheet], accounts and notes receivable, and trade notes and trade accounts all of the Accounts Receivable owing to the Company constitute valid and enforceable claims arising from bona fide transactions in the ordinary course of business business, and there are no claims, refusals to pay, pay or other rights of set-off against any thereof; (Div) no account or note debtor whose account or note balance exceeds the amount set forth in the Schedules Disclosure Schedule at the date set forth therein was delinquent in payment by more than ninety (90) days; (Ev) the aging schedule of the accounts and notes receivableAccounts Receivable as of June 30, and trade notes and trade accounts of Company 1998 previously furnished to FATA the Purchaser is complete and accurate; and (Fvi) there is no reason why any account or note receivable, or trade note or trade account Account Receivable will not be collected in accordance with its terms, other than for such accounts and notes which are not in excess of the reserves established therefor and reflected in the [Latest Unaudited Balance Sheet].