Designation of Collection Agent. The servicing, administration and collection of the Pool Receivables shall be conducted by such Person (the "Collection Agent") so designated from time to time in accordance with this Section 6.01. Until the Agent gives notice to the Seller of a designation of a new Collection Agent, the Originator is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. The Agent, at any time after the occurrence of an Event of Termination or Incipient Event of Termination, upon notice to the Seller, may designate as Collection Agent any Person (including itself) to succeed the Originator or any successor Collection Agent, on the condition in each case that any such Person so designated agrees in writing (a) to perform the duties and obligations of the Collection Agent pursuant to the terms hereof and (b) to adhere to the provisions of Section 11.07, which agreement shall survive the termination of this Agreement or such writing. For purposes of satisfying the condition contained in the preceding sentence, the Agent hereby agrees that if and when it shall designate itself as the Collection Agent it shall perform the duties and obligations of the Collection Agent pursuant to the terms hereof. The Collection Agent may subcontract with Northeast Utilities Service Company and may, upon 45 days' notice to the Seller, with the prior consent of the Agent, subcontract with any other Person for the administration and collection of the Pool Receivables, provided that the Collection Agent shall remain liable for the performance of the duties and obligations of the Collection Agent pursuant to the terms hereof. In performing its duties as Collection Agent, the Collection Agent shall exercise the same care and apply the same policies as it would exercise and apply if it owned such Receivables and shall act in the best interests of the Seller, the Purchasers and the Banks.
Appears in 2 contracts
Sources: Receivables Purchase and Sale Agreement (Northeast Utilities System), Receivables Purchase and Sale Agreement (North Atlantic Energy Corp /Nh)
Designation of Collection Agent. The servicing, administration and collection of the Pool Transferred Receivables shall be conducted by such Person (the "“Collection Agent"”) so designated hereunder from time to time in accordance with this Section 6.01time. Until the Agent Purchaser or its assignee gives notice to the Seller of a the designation of a new Collection Agent, the Originator EIS is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. The Agent, EIS agrees that such notice may be given at any time after the occurrence of an Event of Termination or an Incipient Bankruptcy Event of TerminationTermination and so long as it shall continue, upon notice in the Purchaser’s or assignee’s discretion. Upon EIS’s receipt of such notice, the Seller agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its designee) believes will facilitate the transition of the performance of such activities to the Sellernew Collection Agent, and EIS shall use its best efforts to assist the 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; provided, however, that such documents or instruments (i) shall not include Contracts or any part or abstract thereof or any confidential information of the Seller or any of its Affiliates, but (ii) shall include sufficient information to enable the Purchaser or its designee or a replacement Collection Agent to administer, collect and enforce the Transferred Receivables. The Purchaser at any time after giving such notice may designate as Collection Agent any Person (including itself) to succeed the Originator EIS or any successor Collection Agent, on the condition in each case that any if such Person so designated agrees in writing (a) to perform the duties shall consent and obligations of the Collection Agent pursuant to the terms hereof and (b) to adhere to the provisions of Section 11.07, which agreement shall survive the termination of this Agreement or such writing. For purposes of satisfying the condition contained in the preceding sentence, the Agent hereby agrees that if and when it shall designate itself as the Collection Agent it shall perform the duties and obligations of the Collection Agent pursuant agree to the terms hereof. The Collection Agent may subcontract with Northeast Utilities Service Company and may, upon 45 days' notice to the Seller, with the prior consent of the AgentPurchaser, subcontract with any other Person for the servicing, administration and or collection of the Pool Transferred Receivables, provided that . Any such subcontract shall not affect the Collection Agent shall remain liable Agent’s liability for the performance of the its duties and obligations of the Collection Agent pursuant to the terms hereof. In performing its duties as , and any such subcontract shall terminate upon designation of a successor Collection Agent, the Collection Agent shall exercise the same care and apply the same policies as it would exercise and apply if it owned such Receivables and shall act in the best interests of the Seller, the Purchasers and the Banks.
Appears in 1 contract
Sources: Purchase and Contribution Agreement (Electronic Data Systems Corp /De/)
Designation of Collection Agent. The servicing, administration and collection of the Pool Transferred Receivables shall be conducted by such Person (the "Collection Agent") so designated hereunder from time to time in accordance with this Section 6.01time. Until the Agent Purchaser or its assignee gives notice to the Seller of a the designation of a new Collection Agent, the Originator Seller is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. The Agent, Seller agrees that such notice may be given at any time in the Purchaser's or assignee's discretion after the occurrence of an Event of Termination or Incipient Event of Termination. Upon the Seller's receipt of such notice, upon notice the Seller agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its designee) believes will facilitate the transition of the performance of such activities to the Sellernew Collection Agent, and the Seller shall use its best efforts to assist the 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 the Seller responsible with respect thereto. The Purchaser at any time after giving such notice may designate as Collection Agent any Person (including itself) to succeed the Originator Seller or any successor Collection Agent, on the condition in each case that any if such Person so designated agrees in writing (a) to perform the duties shall consent and obligations of the Collection Agent pursuant to the terms hereof and (b) to adhere to the provisions of Section 11.07, which agreement shall survive the termination of this Agreement or such writing. For purposes of satisfying the condition contained in the preceding sentence, the Agent hereby agrees that if and when it shall designate itself as the Collection Agent it shall perform the duties and obligations of the Collection Agent pursuant agree to the terms hereof. The Collection Agent may subcontract with Northeast Utilities Service Company and may, upon 45 days' notice to the Seller, with the prior consent of the AgentPurchaser, subcontract with any other Person for the servicing, administration and or collection of the Pool Transferred Receivables, provided that . Any such subcontract shall not affect the Collection Agent shall remain liable Agent's liability for the performance of the its duties and obligations of the Collection Agent pursuant to the terms hereof. In performing its duties as Collection Agent, the Collection Agent shall exercise the same care and apply the same policies as it would exercise and apply if it owned such Receivables and shall act in the best interests of the Seller, the Purchasers and the Banks.
Appears in 1 contract
Sources: Purchase and Contribution Agreement (North Atlantic Energy Corp /Nh)
Designation of Collection Agent. The servicing, administration and collection of the Pool Set Receivables shall be conducted by such Person (the "Collection Agent") so designated from time to time in accordance with this Section 6.01. Until the Agent gives notice to the Seller of a designation of a new Collection Agent, the Originator Seller is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. The Agent, at any time after the occurrence of an Event of Termination or Incipient Event of Termination, upon notice to the Seller, may designate as Collection Agent any Person (including itself) to succeed the Originator Seller or any successor Collection Agent, on the condition in each case that any such Person so designated agrees in writing (a) to perform the duties and obligations of the Collection Agent pursuant to the terms hereof and (b) to adhere to the provisions of Section 11.07, which agreement shall survive the termination of this Agreement or such writing. For purposes of satisfying the condition contained in the preceding sentence, the Agent hereby agrees that if and when it shall designate itself as the Collection Agent it shall perform the duties and obligations of the Collection Agent pursuant to the terms hereof. The Collection Agent may subcontract with Northeast Utilities Service Company and may, upon 45 days' notice to the Seller, with the prior consent of the Agent, subcontract with any other Person for the administration and collection of the Pool Set Receivables, provided that the Collection Agent shall remain liable for the performance of the duties and obligations of the Collection Agent pursuant to the terms hereof. In performing its duties as Collection Agent, the Collection Agent shall exercise the same care and apply the same policies as it would exercise and apply if it owned such Receivables and shall act in the best interests of the Seller, the Purchasers and the Banks.
Appears in 1 contract
Sources: Receivables Purchase and Sale Agreement (North Atlantic Energy Corp /Nh)
Designation of Collection Agent. The servicing, administration and collection of the Pool Receivables Purchased Assets shall be conducted by such Person (the "Collection Agent") so designated hereunder from time to time. Until the RFA Final Payment Date, the Seller (or such other Person as may be designated from time to time in accordance with this Section 6.01. Until under the Agent gives notice to the Seller of a designation of a new Collection Agent, the Originator Financing Agreement) is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. The AgentThereafter, at any time after the occurrence of an Event of Termination or Incipient Event of TerminationPurchaser, upon by notice to the Seller, may designate as Collection Agent any Person (including itself) to succeed the Originator Seller or any successor Collection Agent, on the condition in each case that any if such Person so designated agrees in writing (a) to perform the duties shall consent and obligations of the Collection Agent pursuant to the terms hereof and (b) to adhere to the provisions of Section 11.07, which agreement shall survive the termination of this Agreement or such writing. For purposes of satisfying the condition contained in the preceding sentence, the Agent hereby agrees that if and when it shall designate itself as the Collection Agent it shall perform the duties and obligations of the Collection Agent pursuant agree to the terms hereof. Upon the Seller's receipt of such notice, the Seller agrees that it will terminate its activities as Collection Agent hereunder in a manner which the Purchaser (or its designee) believes will facilitate the transition of the performance of such activities to the new Collection Agent, and the Seller shall use its best efforts to assist the Purchaser (or its designee) to take over the servicing, administration and collection of the Purchased 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 Purchased Assets maintained in its capacity as Collection Agent and access to all employees and officers of the Seller responsible with respect thereto. The Collection Agent may subcontract with Northeast Utilities Service Company and may, upon 45 days' notice to the Seller, with the prior consent of the AgentPurchaser, subcontract with any other Person for the servicing, administration and or collection of the Pool Receivables, provided that Purchased Assets. Any such subcontract shall not affect the Collection Agent shall remain liable Agent's liability for the performance of the its duties and obligations of the Collection Agent pursuant to the terms hereof. In performing its duties as , and any such subcontract shall terminate upon designation of a successor Collection Agent, the Collection Agent shall exercise the same care and apply the same policies as it would exercise and apply if it owned such Receivables and shall act in the best interests of the Seller, the Purchasers and the Banks.
Appears in 1 contract