Common use of Accounts Receivable and Prepaid Expenses Clause in Contracts

Accounts Receivable and Prepaid Expenses. (a) Set forth in Schedule 3.6 is a schedule of the accounts receivable and prepaid expenses as of June 30, 2003, specifying the names of each account, the dates of incurrence, the face amounts thereof and, in the case of the accounts receivable, the amount of any reserve Sellers have allotted for each such account, if any. (b) Buyer shall use its commercially reasonable efforts to collect all such accounts receivable set forth on Schedule 3.6 prior to Buyer's making of any Collectible Accounts Receivable Determination; it being understood that Buyer's commercially reasonable efforts shall not require Buyer to initiate litigation to collect accounts receivable. (c) All revenue and expenses relating to the Assets transferred and assigned to Buyer on the Closing Date shall be prorated as of the Closing Date, except as otherwise provided herein. Sellers shall take commercially reasonable actions to notify third Persons who are obligated to make payments with respect to the accounts receivable after the Closing Date to make such payments to Buyer when due and, if Sellers receive any payment with respect to the accounts receivable on and after the Closing Date, including payments with respect to any Withheld Receivables that are transferred to Buyer in accordance with Section 3.5(d), Sellers shall promptly remit such amount to Buyer.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Nextera Enterprises Inc), Asset Purchase Agreement (Fti Consulting Inc)