Designation of Collection Agent. The servicing, administration and collection of the Transferred Receivables shall be conducted by such Person (the “Collection Agent”) so designated hereunder from time to time. Until the RIPA Final Payment Date, IR Company (or such other person as may be designated from time to time under the RIPA) is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. Following the RIPA Final Payment Date and so long as a Collection Agent Default has occurred and is continuing, the Purchaser may designate as Collection Agent any Person (including itself) to succeed IR Company or any successor Collection Agent, if such Person shall consent and agree to the terms hereof. Upon the receipt of notice designating a new Collection Agent, IR Company agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its assignee) believes will facilitate the transition of the performance of such activities to the new Collection Agent, and IR Company shall use its best efforts to assist the person designated as the new Collection Agent to take over the servicing, administration and collection of the Transferred Receivables, including, without limitation, providing access to and copies of all computer tapes or disks and other documents or instruments that evidence or relate to Transferred Receivables maintained in its capacity as Collection Agent and access to all employees and officers of IR Company responsible with respect thereto. The Collection Agent may subcontract with Club Car (with respect to Receivables originated by Club Car), or, with the prior written consent of the Purchaser and its assignees, any other Person for the servicing, administration or collection of Transferred Receivables. Any such subcontract shall not affect the Collection Agent’s liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall terminate upon designation of a successor Collection Agent.
Appears in 2 contracts
Sources: Tertiary Purchase Agreement, Tertiary Purchase Agreement (Ingersoll Rand Co LTD)
Designation of Collection Agent. The servicing, administration and collection of the Transferred Receivables shall be conducted by such Person (the “Collection Agent”) so designated hereunder from time to time. Until the RIPA Final Payment Date, IR Company (or such other person as may be designated from time to time under the RIPA) is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. Following the RIPA Final Payment Date and so long as a Collection Agent Default has occurred and is continuing, the Purchaser may designate as Collection Agent any Person (including itself) to succeed IR Company or any successor Collection Agent, if such Person shall consent and agree to the terms hereof. Upon the receipt of notice designating a new Collection Agent, IR Company agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its assignee) believes will facilitate the transition of the performance of such activities to the new Collection Agent, and IR Company shall use its best efforts to assist the person designated as the new Collection Agent to take over the servicing, administration and collection of the Transferred Receivables, including, without limitation, providing access to and copies of all computer tapes or disks and other documents or instruments that evidence or relate to Transferred Receivables maintained in its capacity as Collection Agent and access to all employees and officers of IR Company responsible with respect thereto. The Collection Agent may subcontract with Club Car Hussmann (with respect to the Receivables originated by the “Hussmann Entities” identified on Schedule I) or Thermo King Corp. (with respect to Receivables originated by Club Carthe “Thermo King Entities” identified on Schedule I), or, with the prior written consent of the Purchaser and its assignees, any other Person for the servicing, administration or collection of Transferred Receivables. Any such subcontract shall not affect the Collection Agent’s liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall terminate upon designation of a successor Collection Agent.
Appears in 2 contracts
Sources: Initial Purchase and Contribution Agreement (Ingersoll Rand Co LTD), Secondary Purchase Agreement (Ingersoll Rand Co LTD)
Designation of Collection Agent. The servicing, administration and collection of the Transferred Receivables shall be conducted by such Person (the “Collection Agent”) so designated hereunder from time to time. Until the RIPA Final Payment Date, IR Company (or such other person as may be designated from time to time under the RIPA) is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. Following the RIPA Final Payment Date and so long as a Collection Agent Default has occurred and is continuing, the Purchaser may designate as Collection Agent any Person (including itself) to succeed IR Company or any successor Collection Agent, if such Person shall consent and agree to the terms hereof. Upon the receipt of notice designating a new Collection Agent, IR Company agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its assignee) believes will facilitate the transition of the performance of such activities to the new Collection Agent, and IR Company shall use its best efforts to assist the person designated as the new Collection Agent to take over the servicing, administration and collection of the Transferred Receivables, including, without limitation, providing access to and copies of all computer tapes or disks and other documents or instruments that evidence or relate to Transferred Receivables maintained in its capacity as Collection Agent and access to all employees and officers of IR Company responsible with respect thereto. The Collection Agent may subcontract with Club Car (with respect to Receivables originated by Club Car)the Seller, or, with the prior written consent of the Purchaser and its assignees, any other Person for the servicing, administration or collection of Transferred Receivables. Any such subcontract shall not affect the Collection Agent’s liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall terminate upon designation of a successor Collection Agent.
Appears in 2 contracts
Sources: Initial Purchase and Contribution Agreement (Ingersoll Rand Co LTD), Initial Purchase and Contribution Agreement (Ingersoll Rand Co LTD)
Designation of Collection Agent. The servicing, administration and collection of the Transferred Receivables shall be conducted by such Person (the “Collection Agent”) so designated hereunder from time to time. Until the RIPA Final Payment Date, IR Company (or such other person as may be designated from time to time under the RIPA) is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. Following the RIPA Final Payment Date and so long as a Collection Agent Default has occurred and is continuing, the Purchaser may designate as Collection Agent any Person (including itself) to succeed IR Company or any successor Collection Agent, if such Person shall consent and agree to the terms hereof. Upon the receipt of notice designating a new Collection Agent, IR Company agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its assignee) believes will facilitate the transition of the performance of such activities to the new Collection Agent, and IR Company shall use its best efforts to assist the person designated as the new Collection Agent to take over the servicing, administration and collection of the Transferred Receivables, including, without limitation, providing access to and copies of all computer tapes or disks and other documents or instruments that evidence or relate to Transferred Receivables maintained in its capacity as Collection Agent and access to all employees and officers of IR Company responsible with respect thereto. The Collection Agent may subcontract with Club Car (with respect to Receivables originated by Club Car)Schlage, or, with the prior written consent of the Purchaser and its assignees, any other Person for the servicing, administration or collection of Transferred Receivables. Any such subcontract shall not affect the Collection Agent’s liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall terminate upon designation of a successor Collection Agent.
Appears in 2 contracts
Sources: Secondary Purchase and Contribution Agreement (Ingersoll Rand Co LTD), Tertiary Purchase Agreement (Ingersoll Rand Co LTD)
Designation of Collection Agent. The servicing, administration and collection of the Transferred Receivables shall be conducted by such Person (the “Collection Agent”) so designated hereunder from time to time. Until the RIPA Final Payment Date, IR Company (or such other person as may be designated from time to time under the RIPA) is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. Following the RIPA Final Payment Date and so long as a Collection Agent Default has occurred and is continuing, the Purchaser may designate as Collection Agent any Person (including itself) to succeed IR Company or any successor Collection Agent, if such Person shall consent and agree to the terms hereof. Upon the receipt of notice designating a new Collection Agent, IR Company agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its assignee) believes will facilitate the transition of the performance of such activities to the new Collection Agent, and IR Company shall use its best efforts to assist the person designated as the new Collection Agent to take over the servicing, administration and collection of the Transferred Receivables, including, without limitation, providing access to and copies of all computer tapes or disks and other documents or instruments that evidence or relate to Transferred Receivables maintained in its capacity as Collection Agent and access to all employees and officers of IR Company responsible with respect thereto. The Collection Agent may subcontract with Club Car (with respect to Receivables originated by Club Car), or, with the prior written consent of the Purchaser and its assignees, any other Person for the servicing, administration or collection of Transferred Receivables. Any such subcontract shall not affect the Collection Agent’s liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall terminate upon designation of a successor Collection Agent.
Appears in 1 contract
Sources: Initial Purchase and Contribution Agreement (Ingersoll Rand Co LTD)
Designation of Collection Agent. The servicing, administration and collection of the Transferred Receivables shall be conducted by such Person (the “Collection Agent”) so designated hereunder from time to time. Until the RIPA RFA Final Payment Date, IR Company the Herc Seller (or such other person Person as may be designated as “Servicer” from time to time under the RIPARFA) is hereby designated as, and hereby ▇▇▇▇▇▇ agrees to perform the duties and obligations of, the Collection Agent, and the duties of the Collection Agent shall be deemed performed by performance of the Servicer under the RFA pursuant to the terms hereofthereof. In the event of any conflict between the terms of the RFA and this Agreement regarding the duties of the Servicer or Collection Agent, the terms of the RFA shall prevail. Following the RIPA RFA Final Payment Date and so long as a Collection Agent Default has occurred and is continuingDate, the Purchaser Purchaser, by notice to the Sellers, may designate as Collection Agent any Person (including itself) to succeed IR Company the Herc Seller or any successor Collection Agent, if such Person shall consent and agree to the terms hereof. Upon the Herc Seller’s receipt of notice designating a new Collection Agentsuch notice, IR Company the Herc Seller agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its assigneedesignee) believes will facilitate the transition of the performance of such activities to the new Collection Agent, and IR Company the Herc Seller shall use its best efforts to assist the person designated as the new Collection Agent Purchaser (or its designee) to take over the servicing, administration and collection of the Transferred Receivables, including, without limitation, providing access to and copies of all computer tapes or disks and other documents or instruments that evidence or relate to Transferred Receivables maintained in its capacity as Collection Agent and access to all employees and officers of IR Company the Herc Seller responsible with respect thereto. The Collection Agent may subcontract with Club Car (with respect to Receivables originated by Club Car), ormay, with the prior written consent of the Purchaser and its assigneesPurchaser, subcontract with any other Person for the servicing, administration or collection of Transferred Receivables. Any such subcontract shall not affect the Collection Agent’s liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall terminate upon designation of a successor Collection Agent.
Appears in 1 contract
Sources: Purchase and Contribution Agreement (Herc Holdings Inc)
Designation of Collection Agent. The servicing, administration and collection of the Transferred Receivables shall be conducted by such Person (the “Collection Agent”) so designated hereunder from time to time. Until the RIPA RPA Final Payment Date, IR Company the Parent (or such other person Person as may be designated from time to time under the RIPARPA) is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. Following the RIPA RPA Final Payment Date and so long as a Collection Agent Default has occurred and is continuingDate, the Purchaser Purchaser, by notice to the Parent, may designate as Collection Agent any Person (including itself) to succeed IR Company the Parent or any successor Collection Agent, if such Person shall consent and agree to the terms hereof. Upon the Parent’s receipt of notice designating a new Collection Agentsuch notice, IR Company the Parent agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its assigneedesignee) believes will facilitate the transition of the performance of such activities to the new Collection Agent, and IR Company the Parent shall use its best efforts to assist the person designated as the new Collection Agent Purchaser (or its designee) to take over the servicing, administration and collection of the Transferred Receivables, including, without limitation, providing access to and copies of all computer tapes or disks and other documents or instruments that evidence or relate to Transferred Receivables maintained in its capacity as Collection Agent and access to all employees and officers of IR Company the Parent responsible with respect thereto. The Collection Agent may subcontract with Club Car (with respect to Receivables originated by Club Car), any Affiliate or, with the prior written consent of the Purchaser and its assigneesPurchaser, subcontract with any other Person Person, for the servicing, administration or collection of Transferred Receivables. Any such subcontract shall not affect the Collection Agent’s liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall terminate upon designation of a successor Collection Agent.
Appears in 1 contract
Designation of Collection Agent. The servicing, administration and collection of the Transferred Receivables Purchased Assets shall be conducted by such Person (the “"Collection Agent”") so designated hereunder from time to time. Until the RIPA RFA Final Payment Date, IR Company HQ (or such other person Person as may be designated from time to time under the RIPAFinancing Agreement) is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. Following the RIPA Final Payment Date and so long as a Collection Agent Default has occurred and is continuingThereafter, the Purchaser Purchaser, by notice to HQ and the Seller, may designate as Collection Agent any Person (including itself) to succeed IR Company HQ or any successor Collection Agent, if such Person shall consent and agree to the terms hereof. Upon the HQ's receipt of notice designating a new Collection Agentsuch notice, IR Company HQ agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its assigneedesignee) believes will facilitate the transition of the performance of such activities to the new Collection Agent, and IR Company HQ shall use its best efforts to assist the person designated as the new Collection Agent Purchaser (or its designee) to take over the servicing, administration and collection of the Transferred ReceivablesPurchased Assets, including, without limitation, providing access to and copies of all computer tapes or disks and other documents or instruments that evidence or relate to Transferred Receivables Purchased Assets maintained by HQ in its capacity as Collection Agent and access to all employees and officers of IR Company HQ responsible with respect thereto. The Collection Agent may subcontract with Club Car (with respect to Receivables originated by Club Car), ormay, with the prior written consent of the Purchaser and its assigneesPurchaser, subcontract with any other Person for the servicing, administration or collection of Transferred ReceivablesPurchased Assets. Any such subcontract shall not affect the Collection Agent’s 's liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall terminate upon designation of a successor Collection Agent.
Appears in 1 contract
Designation of Collection Agent. The servicing, administration and collection of the Transferred Receivables shall be conducted by such Person (the “Collection Agent”) so designated hereunder from time to time. Until the RIPA Final Payment Date, IR Company (or such other person as may be designated from time to time under the RIPA) is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. Following the RIPA Final Payment Date and so long as a Collection Agent Default has occurred and is continuing, the Purchaser may designate as Collection Agent any Person (including itself) to succeed IR Company or any successor Collection Agent, if such Person shall consent and agree to the terms hereof. Upon the receipt of notice designating a new Collection Agent, IR Company agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its assignee) believes will facilitate the transition of the performance of such activities to the new Collection Agent, and IR Company shall use its best efforts to assist the person designated as the new Collection Agent to take over the servicing, administration and collection of the Transferred Receivables, including, without limitation, providing access to and copies of all computer tapes or disks and other documents or instruments that evidence or relate to Transferred Receivables maintained in its capacity as Collection Agent and access to all employees and officers of IR Company responsible with respect thereto. The Collection Agent may subcontract with Club Car (with respect to Receivables originated by Club Car)Trane U.S., or, with the prior written consent of the Purchaser and its assignees, any other Person for the servicing, administration or collection of Transferred Receivables. Any such subcontract shall not affect the Collection Agent’s liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall terminate upon designation of a successor Collection Agent.
Appears in 1 contract
Sources: Secondary Purchase Agreement (Ingersoll Rand Co LTD)
Designation of Collection Agent. The servicing, administration and collection of the Transferred Receivables shall be conducted by such Person (the “Collection Agent”) so designated hereunder from time to time. Until the RIPA RPA Final Payment Date, IR Company the Seller (or such other person Person as may be designated from time to time under the RIPASale Agreement) is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. Following the RIPA RPA Final Payment Date and so long as a Collection Agent Default has occurred and is continuingDate, the Purchaser Purchaser, by notice to the Seller, may designate as Collection Agent any Person (including itself) to succeed IR Company the Seller or any successor Collection Agent, if such Person shall consent and agree to the terms hereof. Upon the Seller’s receipt of notice designating a new Collection Agentsuch notice, IR Company the Seller agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its assigneedesignee) believes will facilitate the transition of the performance of such activities to the new Collection Agent, and IR Company the Seller shall use its best efforts to assist the person designated as the new Collection Agent Purchaser (or its designee) to take over the servicing, administration and collection of the Transferred Receivables, including, without limitation, providing access to and copies of all computer tapes or disks and other documents or instruments that evidence or relate to Transferred Receivables maintained in its capacity as Collection Agent and access to all employees and officers of IR Company the Seller responsible with respect thereto. The Collection Agent may subcontract with Club Car (with respect to Receivables originated by Club Car), ormay, with the prior written consent of the Purchaser and its assigneesPurchaser, subcontract with any other Person for the servicing, administration or collection of Transferred ReceivablesReceivables (and the Purchaser, on behalf of itself and the Agent, hereby consents to the subcontracting of the servicing, administration and collection of Transferred Receivables in accordance with Section 6.01 of the Purchase Agreement). Any such subcontract shall not affect the Collection Agent’s liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall automatically terminate upon designation of a successor Collection Agent.
Appears in 1 contract
Designation of Collection Agent. The servicing, administration and collection of the Transferred Receivables shall be conducted by such Person (the “Collection Agent”) so designated hereunder from time to time. Until the RIPA Final Payment Date, IR Company (or such other person as may be designated from time to time under the RIPA) is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. Following the RIPA Final Payment Date and so long as a Collection Agent Default has occurred and is continuing, the Purchaser may designate as Collection Agent any Person (including itself) to succeed IR Company or any successor Collection Agent, if such Person shall consent and agree to the terms hereof. Upon the receipt of notice designating a new Collection Agent, IR Company agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its assignee) believes will facilitate the transition of the performance of such activities to the new Collection Agent, and IR Company shall use its best efforts to assist the person designated as the new Collection Agent to take over the servicing, administration and collection of the Transferred Receivables, including, without limitation, providing access to and copies of all computer tapes or disks and other documents or instruments that evidence or relate to Transferred Receivables maintained in its capacity as Collection Agent and access to all employees and officers of IR Company responsible with respect thereto. The Collection Agent may subcontract with Club Car the Seller (with respect to Receivables originated by Club Carthe Seller), or, with the prior written consent of the Purchaser and its assignees, any other Person for the servicing, administration or collection of Transferred Receivables. Any such subcontract shall not affect the Collection Agent’s liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall terminate upon designation of a successor Collection Agent.
Appears in 1 contract
Sources: Secondary Purchase and Contribution Agreement (Ingersoll Rand Co LTD)