Common use of Returned Merchandise Clause in Contracts

Returned Merchandise. If any merchandise shall be returned by or recovered from the customer or held subject to xxxx and hold invoices, Client shall forthwith pay Factor the full amount of such Receivable, either in cash or by the assignment of new Receivables hereunder, and until such payment or assignment, such merchandise shall be held by Client in trust for the benefit of Factor, shall be segregated and identified by Client as property held in trust for benefit of Factor, and upon Factor’s request Client shall, at its expense, deliver the same to Factor or for Factor’s account or upon its order to such place or places as Factor may designate. Factor may sell or cause the sale of any such merchandise, at such prices and upon such terms as it may deem proper, and in the event of any public sale thereof, Factor may be the purchaser. The proceeds of any such sale or sales shall first be charged with the costs and expenses of any incident to such sale, and the balance, if any, shall be credited to Client’s account.

Appears in 2 contracts

Samples: Factoring Agreement (Rafaella Apparel Group,inc.), Factoring Agreement (Rafaella Apparel Group,inc.)

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Returned Merchandise. If advances under Section 3.2 hereof have been made and are outstanding and if any merchandise shall be returned by or recovered from the customer or held subject to xxxx bill and hold invoices, Client shall forthwith pay Factor the full amount amxxxx of such Receivable, either in cash or by the assignment of new Receivables hereunder, and until such payment or assignment, such merchandise shall be held by Client in trust for the benefit of Factor, shall be segregated and identified by Client as property held in trust for benefit of Factor, and upon Factor’s 's request Client shall, at its expense, deliver the same to Factor or for Factor’s 's account or upon its order to such place or places as Factor may designate. Factor may sell or cause the sale of any such merchandise, at such prices and upon such terms as it may deem proper, and in the event of any public sale thereof, Factor may be the purchaser. The proceeds of any such sale or sales shall first be charged with the costs and expenses of any incident to such sale, and the balance, if any, shall be credited to Client’s 's account.

Appears in 1 contract

Samples: Factoring Agreement (Bam Entertainment Inc)

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Returned Merchandise. If any merchandise shall be returned by or recovered from the customer or held subject to xxxx and hold invoices, Client shall forthwith pay Factor the full amount of such Receivable, either in cash or by the assignment of new Receivables hereunder, and until such payment or assignment, such merchandise shall be held by Client in trust for the benefit of Factor, shall be segregated and identified by Client as property held in trust for benefit of Factor, and upon Factor’s 's request Client shall, at its expense, deliver the same to Factor or for Factor’s 's account or upon its order to such place or places as Factor may designate. Factor may sell or cause the sale of any such merchandise, at such prices and upon such terms as it may deem proper, and in the event of any public sale thereof, Factor may be the purchaser. The proceeds of any such sale or sales shall first be charged with the costs and expenses of any incident to such sale, and the balance, if any, shall be credited to Client’s 's account.

Appears in 1 contract

Samples: Factoring Agreement (Everlast Worldwide Inc)

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