Collection by Buyer Clause Samples

The 'Collection by Buyer' clause defines the buyer's responsibility to collect goods from a specified location, rather than having the seller deliver them. In practice, this means the buyer must arrange for transportation, handle any necessary documentation, and assume risk for the goods once they are made available for collection. This clause clarifies the point at which risk and responsibility transfer from seller to buyer, ensuring both parties understand their obligations and reducing the potential for disputes over delivery and liability.
Collection by Buyer. The Buyer must follow its normal internal debt collection procedures to collect the Receivables on behalf of the Seller, including without limitation calling and writing to the relevant Customer to request payment of that Customer's Receivable. The Seller does not authorise the Buyer to instruct any third party, including without limitation any lawyer or debt collection agency, to collect any of the Receivables. The Buyer is in no way liable to the Seller for failing to recover any of the Receivables to be collected under this clause 4.4.
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Collection by Buyer. Upon the purchase of the Purchased Receivables, Buyer shall have full power and authority to ask for, demand, take, collect, ▇▇▇ for and receive all payments in respect of the obligations which Seller, except for the execution hereof, could ask for, demand, take, collect, ▇▇▇ for ad receive for its own use, and to enforce all rights and remedies thereunder which Seller could enforce if this Agreement had not been made and Seller hereby ratifies any actions which Buyer shall lawfully take to enforce its rights hereunder; PROVIDED that Buyer shall not exercise such power or authority prior to the occurrence of an Event of Default, except on prior written notice to Seller. Without limiting the foregoing, Buyer may enforce the payment of each of the Purchased Receivables in its own name or in the name of Seller, and may endorse the name of the Seller on all checks, drafts, money orders and other instruments tendered to or received in payment of any such Purchased Receivables. Seller hereby authorizes Buyer to notify any and all Account Debtors with respect to such Purchased Receivables of the purchase and sale contemplated hereby, and to cause all payments in respect thereof to be made directly to Buyer. Whether or not Buyer shall have so notified any Account Debtors, upon Buyer's request the Seller shall at its expense so notify the Account Debtors, cause all payments in respect thereof to be made directly to Buyer and render all reasonable assistance to Buyer in collecting such items and in enforcing claims thereof. All sums collected or received and all property recovered and possessed by Buyer in connection with the Purchased Receivables shall belong to Buyer absolutely. All sums collected or received and all property recovered or possessed by the Seller in connection with Purchased Receivables shall be received and held by the Seller in trust for and on Buyer's behalf; and upon receipt of any such sum or property, Seller shall forthwith deliver the same to Buyer, or upon its order. In connection with its obligations under this SECTION 3.2, Seller agrees to execute such instruments (including without limitation applications to governmental authorities for the delivery of mail through an agent) and to adopt such procedures, including the appointment of trustees of the institution of depositary or collateral account procedures, as Buyer may from time to time request, to provide for the direct collection by it of amounts due under the Purchased Receivables.
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Collection by Buyer. If an Event of Default occurs and continues Buyer is appointed Sellers attorney-in-fact and Buyer may: (a) demand, ▇▇▇ for and receive all payments for the Purchased Receivables; and (b) enforce payment of each Purchased Receivable in Sellers name; and (c) endorse Seller's name on checks or other instruments; and (d) notify Account Debtors of the purchase and sale and require all payments be made directly to Buyer. (e) compromise, prosecute or defend any action or claim involving a Purchased Receivable including filing or voting a claim in a bankruptcy case. (f) require Seller, at its expense, to notify the Account Debtors to pay Buyer directly; and (g) require Seller to assist collecting and enforcing claims and execute any documents that Buyer reasonably requests.
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Collection by Buyer. Buyer is appointed Seller's attorney-in-fact and may: (a) demand, sue for and receive all p▇▇▇ents for the Purchased Receivables; and (b) enforce payment of each Purchased Receivable in Seller's name; and (c) endorse Seller's name on checks or other instruments; and (d) notify Account Debtors of the purchase and sale and require all payments be made directly to Buyer[, provided that Buyer shall use its best efforts contemporaneously to provide Seller a copy of any such notification]; and (e) compromise, prosecute or defend any action or claim involving a Purchased Receivable including filing or voting a claim in a bankruptcy case; and (f) require Seller, at its expense, to notify the Account Debtors to pay Buyer directly; and (g) require Seller reasonably to assist collecting and enforcing claims and execute any documents in connection therewith that Buyer reasonably requests; and (h) do anything reasonably necessary or expedient in connection with a Purchased Receivable.
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Collection by Buyer. Section 3.2 of the Purchase Agreement is hereby amended in its entirety to read as follows:
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Collection by Buyer. Each Seller hereby irrevocably appoints Buyer with full power of substitution as its true and lawful attorney and authorizes Buyer to act in such Seller’s name, place and stead, to demand, ▇▇▇ for, compromise and recover all such sums of money which now are, or may hereafter become, due and payable for or on account of the Acquired Accounts Receivable. Each Seller grants to Buyer full authority to do all things necessary to realize upon the Acquired Accounts Receivable and such Seller’s rights thereunder or related thereto pursuant to this Agreement, including the right to endorse and deposit into Buyer’s accounts checks made payable to any Seller. Each Seller agrees that the powers granted by this paragraph are discretionary in nature and exercisable at the sole option of Buyer. Buyer shall have no obligation to take any action to prove, defend, demand or take any action with respect to the Acquired Accounts Receivable. Case 1-12-46913-ess Doc 417-1 Filed 03/07/13 Entered 03/07/13 18:43:38
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Collection by Buyer. Upon the purchase of the Obligations, ------------------- Buyer shall have full power and authority to ask for, demand, take, collect, ▇▇▇ for and receive all payments in respect of the Obligations. Without limiting the foregoing, Buyer may enforce the payment of each of the Obligations in its own name or in the name of Seller, and may endorse the name of Seller on all checks, drafts, money orders and other instruments tendered to or received in payment of any such Obligations. Seller authorizes Buyer to notify any and all Obligors with respect to such Obligations of the purchase and sale contemplated hereby, and to cause all payments in respect thereof to be made directly to Buyer and render all reasonable assistance to Buyer in collecting such items and in enforcing claims thereof. All sums collected or received and all property recovered and possessed by Buyer in connection with the Obligations shall belong to Buyer absolutely. All sums collected or received and all property recovered or possessed by Seller in connection with Obligations shall be received and held by Seller in trust for and on Buyer's behalf; and upon receipt of any such sum or property, Seller shall forthwith deliver the same to Buyer, or upon its order.
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Collection by Buyer. (a) The Seller is entitled to the Receivables but, subject to clause 6.5, must not attempt to collect them. (b) The Buyer must use its best endeavours to expedite collection on behalf of the Seller of those Receivables specified in the Settlement Statement. (c) Nothing in clause 6.1((b)) requires the Buyer to institute proceedings to recover any Receivable or to expedite collection of any receivable not specified in the Settlement Statement.
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Collection by Buyer. The Seller takes photographs of the Cake from all angles before the Cake leaves the Seller's premises. For ▇▇▇▇ collected from the Seller, the Seller requires a signed collection note by the person collecting confirming that the Cake was handed over in perfect condition. The Seller does not accept any liability for loss or damage to the Cake following collection.
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Related to Collection by Buyer

  • Termination by Buyer This Agreement may be terminated by Buyer and the purchase and sale of the Station abandoned, if Buyer is not then in material default, upon written notice to Seller, upon the occurrence of any of the following:

  • Termination by Seller (i) This Agreement may be terminated by Seller at any time prior to the Closing, if (A) Purchaser shall have breached or failed to comply, in any material respect, with any of Purchaser’s covenants or agreements contained in this Agreement or (B) there shall have been a breach of or inaccuracy in any material respect when made with one or more of the representations or warranties of Purchaser contained in this Agreement, in the case of clauses (A) and (B), such breach, failure or inaccuracy would give rise to the failure of a condition set forth in Section 7.02 to be satisfied, and Seller shall have given Purchaser a reasonable opportunity to cure (if capable of being cured prior to the Closing) any such failure or inaccuracy to so comply before the Closing, which breach, failure or inaccuracy is not cured (if capable of being cured prior to the Closing) within thirty (30) days (or by the Outside Date, if sooner) after receiving notice thereof from Seller; provided, that Seller may terminate this Agreement pursuant to this Section 9.01(b)(ii) only if at the time of termination (x) Seller is not in material breach of any of its representations, warranties, covenants or agreements contained in this Agreement and (y) Seller has satisfied those conditions set forth in Section 7.01 required to be satisfied by it (other than those conditions that by their terms are to be satisfied by actions taken at the Closing, each of which is capable of being satisfied at the Closing). (ii) This Agreement may be terminated by Seller if the Closing shall not have occurred on or before the Outside Date; provided, that (A) Seller may terminate this Agreement pursuant to this Section 9.01(c)(ii) only if at the time of termination (x) Seller is not in material breach of any of its representations, warranties, covenants or agreements contained in this Agreement and (y) Seller has satisfied those conditions set forth in Section 7.01 required to be satisfied by it (other than those conditions that by their terms are to be satisfied by actions taken at the Closing, each of which is capable of being satisfied at the Closing) and (B) Seller may not terminate this Agreement pursuant to this Section 9.01(c)(ii) during the pendency of any Legal Proceeding brought by Purchaser for specific performance of Seller’s obligation to consummate the Closing pursuant to Section 10.15. (iii) This Agreement may be terminated by Seller if (i) all of the conditions set forth in Section 7.01 shall have been satisfied or waived (other than those conditions that by their nature are to be satisfied by actions taken at the Closing, provided that each of which is capable of being satisfied at the Closing if the Closing were to occur at such time), (ii) Purchaser shall not have received the proceeds of the Financing, (iii) Purchaser shall have failed to consummate the Closing by the date the Closing is required to have occurred pursuant to Section 3.01 and, in the event such failure occurs more than five (5) Business Days prior to the Outside Date, such failure shall not have been cured within five (5) Business Days after written notice thereof has been given by Seller to Purchaser, (iv) at the time of termination, Seller is not in material breach of any representations, warranties, covenants or agreements contained in this Agreement, and (v) Seller is ready, willing and able to consummate the Closing; provided, that Seller may not rely upon this Section 9.01(c)(iii) to terminate this Agreement if Seller’s material breach of any representations, warranties, covenants or agreements contained in this Agreement, even if subsequently cured, directly caused Purchaser’s failure to receive the proceeds of the Financing within the time period specified by this Section 9.01(c)(iii). (iv) This Agreement may be terminated by Seller at any time prior to the Closing, if a final, non-appealable Closing Legal Impediment shall be in effect; provided, that Seller may not rely upon this Section 9.01(c)(iv) to terminate this Agreement if Seller’s failure to fulfill any obligation or condition under this Agreement materially contributed to the cause of such Closing Legal Impediment.

  • Termination by Purchaser This contract shall be terminated, upon election and written notice by ▇▇▇▇▇▇▇▇▇, if Catastrophic Damage rate rede- termination under BT3.32 shows that the appraised

  • Purchase by Servicer upon Breach The Depositor, the Servicer or the Administrator (on behalf of the Trust), as the case may be, shall inform the other parties to this Agreement, the Seller and the Indenture Trustee promptly, in writing, upon the discovery of any breach of Sections 3.2, 3.5 or 3.6. If such breach shall not have been cured by the close of business on the last day of the Collection Period which includes the 60th day after the date on which the Servicer becomes aware of, or receives written notice from the Depositor or the Administrator (on behalf of the Trust) of, such breach, and such breach materially and adversely affects the interest of the Trust in a Receivable, the Servicer shall purchase such Receivable from the Trust on the Distribution Date following such Collection Period; provided, however, that with respect to a breach of Section 3.2, the Servicer shall purchase the affected Receivable from the Trust at the end of the Collection Period in which such breach occurs. Any such breach or failure will be deemed not to have a material and adverse effect if such breach or failure has not affected the ability of the Issuer to receive and retain payment in full on such Receivable. In consideration of the purchase of a Receivable hereunder, the Servicer shall remit the Purchase Amount of such Receivable in the manner specified in Section 4.5. The sole remedy of the Trust, the Administrator, the Owner Trustee, the Indenture Trustee, the Noteholders and the Certificateholders with respect to a breach of Sections 3.2, 3.5 or 3.6 shall be to require the Servicer to purchase Receivables pursuant to this Section 3.7. None of the Administrator, the Owner Trustee or the Indenture Trustee shall have any duty to conduct an affirmative investigation as to the occurrence of any condition requiring the purchase of any Receivable pursuant to this Section 3.7.

  • Investigation by Buyer Seller shall, and shall cause the Company to, afford the officers, employees and authorized representatives of Buyer (including independent public accountants and attorneys) reasonable access during normal business hours, upon reasonable advance notice, to the offices, properties, employees, Contracts and business and financial records (including computer files, retrieval programs and similar documentation) of the Company and its Affiliates to the extent Buyer shall reasonably deem necessary and shall furnish to Buyer or its authorized representatives such additional information concerning the Equity Interests, the Business and the assets, properties and operations of the Company and its Affiliates as shall be reasonably requested, including all such information as shall be reasonably necessary to enable Buyer or its representatives to verify the accuracy of the representations and warranties contained in this Agreement, to verify that the covenants of Seller contained in this Agreement have been complied with and to determine whether the conditions set forth in ARTICLE IX have been satisfied; provided, however, that: (i) Seller and the Company shall not be required to violate any Requirements of Laws or Orders or obligation of confidentiality to which Seller or the Company is subject or to waive any attorney-client privilege which any of them may possess 30 in discharging their obligations pursuant to this Section 7.1; (ii) Seller and the Company shall not be required to furnish or otherwise make available to Buyer nonpublic personal information of borrowers; and (iii) Buyer shall not, without the prior written consent of Seller, contact or communicate with any correspondent lender of the Company with respect to or in connection with the transactions contemplated by this Agreement. Buyer agrees that such investigation shall be conducted in such a manner as not to interfere unreasonably with the operations of the Business. No investigation made by Buyer or its representatives hereunder shall affect the representations and warranties of Seller hereunder. Prior to the Closing, Buyer shall use its commercially reasonable efforts to notify Seller if, to the Knowledge of Buyer, Seller is in breach of its representations and warranties hereunder; provided that failure to give such notice shall not relieve Seller of its indemnification obligations hereunder except (and only) to the extent that Seller shall have been materially prejudiced by such failure.