Common use of Collection Notices Clause in Contracts

Collection Notices. The Agent is authorized at any time after the occurrence of any Amortization Event to date and to deliver to the Collection Banks the Collection Notices. The Agent agrees to notify the Seller promptly after the delivery of such Collection Notices to the Collection Banks. Seller hereby transfers to the Agent for the benefit of the Purchasers, effective when the Agent delivers such notice, the dominion and control and “control” (within the meaning of Section 9-104 of the UCC of all applicable jurisdictions) of each Lock-Box, each Collection Account and the amounts on deposit therein. In case any authorized signatory of Seller whose signature appears on a Collection Account Agreement shall cease to have such authority before the delivery of such notice, such Collection Notice shall nevertheless be valid as if such authority had remained in force. Seller hereby authorizes the Agent, and agrees that the Agent shall be entitled to (i) endorse Seller’s name on checks and other instruments representing Collections, (ii) enforce the Receivables, the related Contracts and the Related Security and (iii) take such action as shall be necessary or desirable to cause all cash, checks and other instruments constituting Collections of Receivables to come into the possession of the Agent rather than Seller. The Agent agrees that after delivery of a Collection Notice, the Collection Banks may continue to provide or otherwise make available to the Seller and the Servicer copies of all correspondence or other mail which will be sent directly to the Agent subsequent to the delivery of such Collection Notice pursuant to the Collection Account Agreements.

Appears in 2 contracts

Sources: Receivables Purchase Agreement (Avnet Inc), Receivables Purchase Agreement (Avnet Inc)

Collection Notices. The Agent is authorized at any time after following (i) three Business Days’ notice to the Seller (a “CN Advice”) or (ii) the occurrence and during the continuance of any an Amortization Event Event, to date and to deliver to the Collection Banks the Collection Notices. The Agent agrees shall, in any CN Advice, identify the circumstance that shall have precipitated or resulted in its election to notify date and deliver the Collection Notices so as to provide the Seller promptly after an opportunity to submit any mitigating information (it being understood that the delivery election to date and deliver any Collection Notice, following due consideration of such Collection Notices to any mitigating information timely provided, shall be in the Collection Bankssole and absolute discretion of the Agent). Seller hereby transfers to the Agent for the benefit of the Purchasers, effective when the Agent delivers such notice, the dominion exclusive ownership and control and “control” (within the meaning of Section 9-104 of the UCC of all applicable jurisdictions) of each Lock-Box, each Collection Account Box and the amounts on deposit thereinCollection Accounts. In case any authorized signatory of Seller whose signature appears on a Collection Account Agreement shall cease to have such authority before the delivery of such notice, such Collection Notice shall nevertheless be valid as if such authority had remained in force. Seller hereby authorizes the Agent, and agrees that the Agent shall be entitled to (i) endorse Seller’s name on checks and other instruments representing Collections, (ii) enforce the Receivables, the related Contracts and the Related Security and (iii) take such action as shall be necessary or desirable to cause all cash, checks and other instruments constituting Collections of Receivables to come into the possession of the Agent rather than Seller. The Agent agrees that after shall provide Seller a copy of each Collection Notice at the time of, or promptly following, delivery of the same to a Collection NoticeBank, provided, however that any failure to provide such copy shall not affect the validity or effectiveness of the Collection Banks may continue to provide or otherwise make available to the Notice. The Seller and the Servicer copies shall ensure that by not later than April 15, 2006, each and every Collection Account, wheresoever located, including, without limitation, each bank account, concentration account, depositary account or similar account in the United States or in any other jurisdiction to which Collections in respect of the Receivables originated by JD-Italy and JD-UK are then being remitted, are and shall at all correspondence or other mail which will be sent directly to times thereafter remain titled in the Agent subsequent to name of the delivery of such Collection Notice pursuant to the Collection Account AgreementsSeller.

Appears in 2 contracts

Sources: Receivables Purchase Agreement (Johnsondiversey Holdings Inc), Receivables Purchase Agreement (Johnsondiversey Inc)

Collection Notices. The Agent is authorized at any time after following (i) three Business Days’ notice to the Seller (a “CN Advice”) or (ii) the occurrence and during the continuance of any an Amortization Event Event, to date and to deliver to the Collection Banks the Collection Notices. The Agent agrees shall, in any CN Advice, identify the circumstance that shall have precipitated or resulted in its election to notify date and deliver the Collection Notices so as to provide the Seller promptly after an opportunity to submit any mitigating information (it being understood that the delivery election to date and deliver any Collection Notice, following due consideration of such Collection Notices to any mitigating information timely provided, shall be in the Collection Bankssole and absolute discretion of the Agent). Seller hereby transfers to the Agent for the benefit of the Purchasers, effective when the Agent delivers such notice, the dominion exclusive ownership and control and “control” (within the meaning of Section 9-104 of the UCC of all applicable jurisdictions) of each Lock-Box, each Collection Account Box and the amounts on deposit thereinCollection Accounts. In case any authorized signatory of Seller whose signature appears on a Collection Account Agreement shall cease to have such authority before the delivery of such notice, such Collection Notice shall nevertheless be valid as if such authority had remained in force. Seller hereby authorizes the Agent, and agrees that the Agent shall be entitled to (i) endorse Seller’s name on checks and other instruments representing Collections, (ii) enforce the Receivables, the related Contracts and the Related Security and (iii) take such action as shall be necessary or desirable to cause all cash, checks and other instruments constituting Collections of Receivables to come into the possession of the Agent rather than Seller. The Agent agrees that after shall provide Seller and Servicer a copy of each Collection Notice at the time of, or promptly following, delivery of the same to a Collection NoticeBank, provided, however that any failure to provide such copy shall not affect the validity or effectiveness of the Collection Banks may continue to provide or otherwise make available to the Seller and the Servicer copies of all correspondence or other mail which will be sent directly to the Agent subsequent to the delivery of such Collection Notice pursuant to the Collection Account AgreementsNotice.

Appears in 2 contracts

Sources: Receivables Purchase Agreement (Johnsondiversey Holdings Inc), Receivables Purchase Agreement (Johnsondiversey Inc)

Collection Notices. The Agent is authorized at any time after the occurrence of any Amortization Event a Servicer Default ------------------ to date and to deliver to the Collection Banks Banks, the Collection Notices. The Agent agrees to notify the Seller promptly after the delivery of such Collection Notices to the Collection Banks. Seller hereby transfers to the Agent for the benefit of the Purchasers, effective when the Agent delivers such notice, the dominion exclusive ownership and control and “control” (within the meaning of Section 9-104 of the UCC of all applicable jurisdictions) of each Lock-Box, each Collection Account and the amounts on deposit thereinAccounts. In case any authorized signatory of the Seller whose signature appears on a Collection Account Agreement shall cease to have such authority before the delivery of such noticeCollection Notice, such Collection Notice shall nevertheless be valid as if such authority had remained in force. The Seller hereby authorizes the Agent, and agrees that at any time and from time to time following a Servicer Default, the Agent shall be entitled to to: (i) endorse the Seller’s 's name on checks and other instruments representing Collections, (ii) enforce the Receivables, the related Contracts and the Related Security Security, and (iii) take such action as shall be necessary or desirable to cause all cash, checks and other instruments constituting Collections of Receivables to come into the possession of the Agent rather than the Seller. The Agent agrees that after delivery Responsibilities of a Collection Notice, the Collection Banks may continue to provide or otherwise make available Seller. Anything herein to the Seller contrary notwithstanding, ------------------------------ the exercise by the Agent and the Purchasers of their rights hereunder shall not release the Servicer copies or the Seller from any of all correspondence their duties or other mail which will obligations with respect to any Receivables or under the related Contracts. The Purchasers shall have no obligation or liability with respect to any Receivables or related Contracts, nor shall any of them be sent directly obligated to perform the Agent subsequent to obligations of the delivery of such Collection Notice pursuant to the Collection Account AgreementsSeller.

Appears in 1 contract

Sources: Receivables Purchase Agreement (Kohls Corporation)

Collection Notices. The Agent is authorized at any time after the occurrence of any Amortization Event to date and to deliver to the Collection Banks the Collection Notices. The Agent agrees to notify the Seller promptly after the delivery of such Collection Notices to the Collection Banks. Seller hereby transfers to the Agent for the benefit of the Purchasers, effective when the Agent delivers such notice, the dominion and control and “control” (within the meaning of Section 9-104 of the UCC of all applicable jurisdictions) of each Lock-Box, each Collection Account and the amounts on deposit therein. In case any authorized signatory of Seller whose signature appears on a Collection Account Agreement shall cease to have such authority before the delivery of such notice, such Collection Notice shall nevertheless be valid as if such authority had remained in force. Seller hereby authorizes the Agent, and agrees that the Agent shall be entitled to (i) endorse Seller’s name on checks and other instruments representing Collections, (ii) enforce the Receivables, the related Contracts and the Related Security and (iii) take such action as shall be necessary or desirable to cause all cash, checks and other instruments constituting Collections of Receivables to come into the possession of the Agent rather than Seller. The Agent agrees that after delivery of a Collection Notice, the Collection Banks may continue to provide or otherwise make available to the Seller and the Servicer copies of all correspondence or other mail which will be sent directly to the Agent subsequent to the delivery of such Collection Notice pursuant to the Collection Account Agreements.

Appears in 1 contract

Sources: Receivables Purchase Agreement (Avnet Inc)

Collection Notices. The Agent is authorized at any time after the occurrence of any Amortization Event to date and to deliver to the Collection Banks the Collection Notices. The Agent agrees to notify the Seller promptly after the delivery of such Collection Notices to the Collection Banks. Seller hereby transfers to the Agent for the benefit of the Purchasers, effective when the Agent delivers such notice, the dominion and control and “control” (within the meaning of Section 9-104 9‑104 of the UCC of all applicable jurisdictions) of each Lock-Box, each Collection Account and the amounts on deposit therein. In case any authorized signatory of Seller whose signature appears on a Collection Account Agreement shall cease to have such authority before the delivery of such notice, such Collection Notice shall nevertheless be valid as if such authority had remained in force. Seller hereby authorizes the Agent, and agrees that the Agent shall be entitled to (i) endorse Seller’s name on checks and other instruments representing Collections, (ii) enforce the Receivables, the related Contracts and the Related Security and (iii) take such action as shall be necessary or desirable to cause all cash, checks and other instruments constituting Collections of Receivables to come into the possession of the Agent rather than Seller. The Agent agrees that after delivery of a Collection Notice, the Collection Banks may continue to provide or otherwise make available to the Seller and the Servicer copies of all correspondence or other mail which will be sent directly to the Agent subsequent to the delivery of such Collection Notice pursuant to the Collection Account Agreements.

Appears in 1 contract

Sources: Receivables Purchase Agreement (Avnet Inc)

Collection Notices. The Agent is authorized at any time after the occurrence of any Amortization Event to date and to deliver to the Collection Banks the Collection Notices. The Agent agrees to notify deliver to Servicer a copy of any Collection Notice promptly following delivery thereof to a Collection Bank; provided, that any failure or delay in delivering any Collection Notice shall not impair or adversely affect the Seller promptly after the delivery effectiveness of any such Collection Notices to the Collection BanksNotice. Seller hereby transfers to the Agent for the benefit of the Purchasers, exclusive dominion and control of each Lock-Box and Collection Account and, effective when the Agent delivers such noticeany Collection Notice, the dominion and control and “control” (within the meaning of Section 9-104 of the UCC of all applicable jurisdictions) exclusive ownership of each Lock-Box, each Collection Account Box and the amounts on deposit thereinCollection Accounts. Until the Agent delivers a Collection Notice to the applicable Collection Bank, the Agent shall permit Seller and the Servicer to provide instructions to such Collection Bank with respect to the applicable Collection Accounts and Lock-Boxes. In case any authorized signatory of Seller whose signature appears on a Collection Account Agreement shall cease to have such authority before the delivery of such notice, such Collection Notice shall nevertheless be valid as if such authority had remained in force. Seller hereby authorizes the Agent, and agrees that the Agent shall be entitled to (i) endorse Seller’s 's name on checks and other instruments representing Collections, (ii) enforce the Receivables, the related Contracts and the Related Security Assets and (iii) take such action as shall be necessary or desirable to cause all cash, checks and other instruments constituting Collections of Receivables to come into the possession of the Agent rather than Seller. The Agent agrees that after delivery of a Collection Notice, the Collection Banks may continue to provide or otherwise make available to the Seller and the Servicer copies of all correspondence or other mail which will be sent directly to the Agent subsequent to the delivery of such Collection Notice pursuant to the Collection Account Agreements.

Appears in 1 contract

Sources: Receivables Purchase Agreement (Cott Corp /Cn/)