Common use of Application of Payments and Collections Clause in Contracts

Application of Payments and Collections. Subject to the rights of the Borrowers to direct funds under Section 3.3(A), Borrowers irrevocably waive the right to direct the application of payments and collections received by Agent and/or any Lender from or on behalf of Borrowers, and Borrowers agree that Agent shall have the continuing exclusive right to apply and reapply any and all such payments and collections against the Liabilities in such manner as Agent may deem appropriate, notwithstanding any entry by Agent upon any of its books and records. To the extent that Borrowers make a payment or payments to Agent or Agent receives any payment or proceeds of the Collateral for Borrowers’ benefit, which payment(s) or proceeds are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy act, state or federal law, common law or equitable cause, then to the extent of such payment or proceeds received, the Liabilities intended to be satisfied shall be revived and shall continue in full force and effect, as if such payments or proceeds had not been received by Agent. Interest shall be payable out of the first collections received with respect to any proceeds of Collateral.

Appears in 5 contracts

Sources: Loan and Security Agreement (ModusLink Global Solutions Inc), Loan and Security Agreement (Cmgi Inc), Loan and Security Agreement (Cmgi Inc)

Application of Payments and Collections. Subject Except as otherwise provided herein, and subsequent to the rights of the Borrowers to direct funds under Section 3.3(A)Default, Borrowers irrevocably waive the right to direct the application of payments and collections received by Agent and/or any Lender from or on behalf of Borrowers, and Borrowers agree that Agent Lender shall have the continuing exclusive right to apply and reapply any and all such payments and collections against the Liabilities in such manner as Agent Lender may deem appropriate, notwithstanding any entry by Agent Lender upon any of its books and records. To the extent that Borrowers make either Borrower makes a payment to Lender or payments to Agent or Agent Lender receives any payment or proceeds of the Collateral for Borrowers’ either Borrower's benefit, which payment(s) payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy act, state or federal law, common law or equitable cause, then then, to the extent of such payment or proceeds received, the Liabilities or part thereof intended to be satisfied shall be revived and shall continue in full force and effect, as if such payments or proceeds had not been received by Agent. Interest shall be payable out of the first collections received with respect to any proceeds of CollateralLender.

Appears in 1 contract

Sources: Loan and Security Agreement (Vita Food Products Inc)

Application of Payments and Collections. Subject to the rights of the Borrowers to direct funds under Section 3.3(A), Borrowers Each Borrower irrevocably waive waives the right to direct the application of payments and collections received by Agent and/or any Lender from or on behalf of Borrowerssuch Borrower, and Borrowers agree each Borrower agrees that Agent Lender shall have the continuing exclusive right to apply and reapply any and all such payments and collections against the Liabilities Revolving Loans in such manner as Agent Lender may deem appropriate, notwithstanding any entry by Agent Lender upon any of its books and records. To the extent that Borrowers make a Borrower makes a payment or payments to Agent Lender or Agent Lender receives any payment or proceeds of the Collateral for Borrowers' benefit, which payment(s) or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy act, state or federal law, common law or equitable cause, then then, to the extent of such payment or proceeds received, the Liabilities or part thereof intended to be satisfied shall be revived and shall continue in full force and effect, as if such payments or proceeds had not been received by Agent. Interest shall be payable out of the first collections received with respect to any proceeds of CollateralLender.

Appears in 1 contract

Sources: Loan and Security Agreement (Fansteel Inc)

Application of Payments and Collections. Subject to the rights of the Borrowers to direct funds under Section 3.3(A4.4(A), Borrowers irrevocably waive the right to direct the application of payments and collections received by Administrative Agent and/or any Lender from or on behalf of Borrowers, and Borrowers agree that Administrative Agent shall have the continuing exclusive right to apply and reapply any and all such payments and collections against the Liabilities Indebtedness in such manner as Administrative Agent may deem appropriate, notwithstanding any entry by Agent upon any of its books and records. To the extent that Borrowers make a payment or payments to Administrative Agent or Administrative Agent receives any payment or proceeds of the Collateral for Borrowers' benefit, which payment(s) or proceeds are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy act, state or federal law, common law or equitable cause, then to the extent of such payment or proceeds received, the Liabilities Indebtedness intended to be satisfied shall be revived and shall continue in full force and effect, as if such payments or proceeds had not been received by Administrative Agent. Interest shall be payable out of the first collections received with respect to any proceeds of Collateral.

Appears in 1 contract

Sources: Revolving Credit Agreement (Information Resources Inc)

Application of Payments and Collections. Subject to the rights of the Borrowers to direct funds under Section 3.3(A), Borrowers irrevocably waive the right to direct the application of payments and collections received by Agent and/or any Lender from or on behalf of Borrowers, and Borrowers agree that Agent shall have the continuing exclusive right to apply and reapply any and all such payments and collections against the Liabilities in such manner as Agent may deem appropriate, notwithstanding any entry by Agent upon any of its books and records. To the extent that Borrowers make a payment or payments to Agent or Agent receives any payment or proceeds of the Collateral for Borrowers' benefit, which payment(s) or proceeds are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy act, state or federal law, common law or equitable cause, then to the extent of such payment or proceeds received, the Liabilities intended to be satisfied shall be revived and shall continue in full force and effect, as if such payments or proceeds had not been received by Agent. Interest shall be payable out of the first collections received with respect to any proceeds of Collateral.

Appears in 1 contract

Sources: Loan and Security Agreement (Cmgi Inc)