Common use of Collections of Accounts Clause in Contracts

Collections of Accounts. The Borrower hereby authorizes the Bank, now and at any time or times hereafter, to (a) notify any or all account debtors that the Accounts Receivable have been assigned to the Bank and that the Bank has a security interest therein and (b) direct such account debtors to make all payments due from them to the Borrower upon the Accounts Receivable directly to the Bank or to a lockbox designated by the Bank. Until such time as the Bank shall exercise such rights, the Borrower shall collect and enforce all of its Accounts Receivable. The costs of collection and enforcement of the Accounts Receivable shall be borne by the Borrower, whether such costs are incurred by the Borrower or the Bank. All collections and proceeds of the Accounts Receivable and other Collateral shall be held in trust for the Bank, separate and apart from other funds and properties of the Borrower, and shall be promptly delivered by the Borrower to the Bank in the form in which they are received by the Borrower (except for any necessary endorsement in favor of the Bank) by mailing or delivering the same to the Bank not later than the business day following receipt thereof by the Borrower. The Bank will, within two (2) business days after receipt of checks and one business day after receipt of cash and cash equivalents, apply the whole or any part of such collections against the Borrower's liabilities to the Bank. All checks, drafts, instruments, and other items of payment or proceeds of Collateral shall be endorsed by the Borrower to the order of the Bank. The Borrower irrevocably constitutes and appoints the Bank and all persons designated by the Bank as the true and lawful agent and attorney-in-fact to endorse the Borrower's name to any payment or proceeds of Collateral.

Appears in 2 contracts

Sources: Loan Agreement (Cti Industries Corp), Loan and Security Agreement (Cti Industries Corp)