Disputes, Returns and Adjustments. (a) In the event amounts due and owing under any Receivable in excess of $300,000 are in dispute between the Account Debtor and the Borrowers, the Borrowers shall provide the Lender with prompt written notice thereof. (b) The Borrowers shall notify the Lender promptly of all material returns, credits, offsets or charges in excess of $250,000 in respect of any Receivable, which notice shall specify the Receivables affected. (c) The Borrowers may, in the ordinary course of business and prior to a Default or an Event of Default, grant any extension of time for payment of any Receivable or compromise, compound or settle the same for less than the full amount thereof or release wholly or partly any Person liable for the payment thereof or allow any credit or discount whatsoever thereon; provided that (i) no such action results in the reduction of more than $100,000 in the amount payable with respect to any Receivable of more than $300,000 with respect to all Receivables in any fiscal year of the Borrowers, and (ii) the Lender is promptly notified of the amount of such adjustments and the Receivable(s) affected thereby.
Appears in 1 contract
Disputes, Returns and Adjustments. (a) In the event amounts due and owing under any Receivable in excess of $300,000 100,000 are in dispute between the Account Debtor and a Borrower, the Borrowers, the Borrowers ' Agent shall provide the Lender Agent with prompt written notice thereof.
(b) The Borrowers Borrowers' Agent shall notify the Lender Agent promptly of all material returns, credits, offsets or charges returns and credits in excess of $250,000 150,000 in respect of any Receivable, which notice shall specify the Receivables affected.
(c) The Borrowers may, in the ordinary course of business and prior to a Default or an Event of Default, grant any extension of time for payment of any Receivable or compromise, compound or settle the same for less than the full amount thereof or release wholly or partly any Person liable for the payment thereof or allow any credit or discount whatsoever thereon; provided PROVIDED that (i) no such action results in the reduction of more than $100,000 in the amount payable with respect to any Receivable or of more than $300,000 1,000,000 with respect to all Receivables in any fiscal year of the Borrowers, and (ii) the Lender Agent is promptly notified of the amount of such adjustments and the Receivable(s) affected thereby.
Appears in 1 contract
Sources: Loan and Security Agreement (Supreme International Corp)
Disputes, Returns and Adjustments. (a) In the event any amounts due and owing under any Receivable for an amount in excess of $300,000 1,000,000 are in dispute between the Account Debtor and the BorrowersBorrower, the Borrowers Borrower shall provide the Lender Agent with prompt written notice thereof.
(b) The Borrowers Borrower shall notify the Lender Agent promptly of all material returns, credits, offsets or charges returns and credits in excess of $250,000 1,000,000 in respect of any Receivable, which notice shall specify the Receivables Receivable affected.
(c) The Borrowers Borrower may, in the ordinary course of business and prior to unless a Default or an Event of DefaultDefault has occurred and is continuing, grant any extension of time for payment of any Receivable or compromise, compound or settle the same for less than the full amount thereof thereof, or release wholly or partly any Person liable for the payment thereof thereof, or allow any credit or discount whatsoever thereontherein; provided PROVIDED that (i) no such action results in the reduction of more than $100,000 500,000 in the amount payable with respect to any Receivable or of more than $300,000 1,000,000 with respect to all Receivables in any fiscal year of the BorrowersBorrower (in each case, excluding the allowance of credits or discounts generally available to Account Debtors in the ordinary course of the Borrower's business), and (ii) the Lender Agent is promptly notified of the amount of such adjustments and the Receivable(s) affected thereby.
Appears in 1 contract
Disputes, Returns and Adjustments. (a) In the event amounts due and owing under any Receivable in excess of $300,000 10,000 are in dispute between the Account Debtor and the BorrowersBorrower, the Borrowers Borrower shall provide the Lender Agent with prompt written notice thereof.
(b) The Borrowers Borrower shall notify the Lender Agent promptly of all material returns, credits, offsets or charges returns and credits in excess of $250,000 15,000 in respect of any Receivable, which notice shall specify the Receivables affected.
(c) The Borrowers Borrower may, in the ordinary course of business and prior to a Default or an Event of Default, grant any extension of time for payment of any Receivable or compromise, compound or settle the same for less than the full amount thereof or release wholly or partly any Person liable for the payment thereof or allow any credit or discount whatsoever thereon; provided PROVIDED that (i) no such action results in the reduction of more than $100,000 10,000 in the amount payable with respect to any Receivable or of more than $300,000 100,000 with respect to all Receivables in any fiscal year of the BorrowersBorrower, and (ii) the Lender Agent is promptly notified of the amount of such adjustments and the Receivable(s) affected thereby.
Appears in 1 contract
Sources: Loan and Security Agreement (Supreme International Corp)
Disputes, Returns and Adjustments. (a) In the event amounts due and owing under any Receivable in excess of $300,000 are in dispute between the Account Debtor and the Borrowers, the Borrowers shall provide the Lender with prompt written notice thereof.
(b) The Borrowers shall notify the Lender promptly of all material returns, credits, offsets or charges in excess of $250,000 in respect of any Receivable, which notice shall specify the Receivables affected.
(c) The Borrowers may, in the ordinary course of business and prior to a Default or an Event of Default, grant any extension of time for payment of any Receivable or compromise, compound or settle the same for less than the full amount thereof or release wholly or partly any Person liable for the payment thereof or allow any credit or discount whatsoever thereon; provided PROVIDED that (i) no such action results in the reduction of more than $100,000 in the amount payable with respect to any Receivable of more than $300,000 with respect to all Receivables in any fiscal year of the Borrowers, and (ii) the Lender is promptly notified of the amount of such adjustments and the Receivable(s) affected thereby.
Appears in 1 contract
Sources: Loan and Security Agreement (Ild Telecommunications Inc)
Disputes, Returns and Adjustments. (a) In the event any amounts due and owing under any Receivable for an amount in excess of $300,000 250,000 are in dispute between the Account Debtor and the Borrowersapplicable Borrower, the Borrowers shall provide the Lender Administrative Agent with prompt written notice thereof.
(b) The Borrowers shall notify the Lender Administrative Agent promptly of all material returns, credits, offsets or charges returns and credits in excess of $250,000 in respect of any Receivable, which notice shall specify the Receivables Receivable affected.
(c) The Borrowers may, in the ordinary course of business and prior to unless a Default or an Event of DefaultDefault has occurred and is continuing, grant any extension of time for payment of any Receivable or compromise, compound or settle the same for less than the full amount thereof thereof, or release wholly or partly any Person liable for the payment thereof thereof, or allow any credit or discount whatsoever thereontherein; provided PROVIDED that (i) no such action results in the reduction of more than $100,000 250,000 in the amount payable with respect to any Receivable or of more than $300,000 1,000,000 with respect to all Receivables in any fiscal year Fiscal Year (in each case, excluding the allowance of credits or discounts generally available to Account Debtors in the ordinary course of the Borrowersapplicable Borrower's business), and (ii) the Lender Administrative Agent is promptly notified of the amount of such adjustments and the Receivable(s) affected therebythereby (by reflecting such reduction in an appropriate Borrowing Base Certificate or Schedule of Receivables).
Appears in 1 contract
Sources: Loan and Security Agreement (Heafner Tire Group Inc)
Disputes, Returns and Adjustments. (a) In the event amounts due and owing under any Receivable in excess of $300,000 250,000 are in dispute between the Account Debtor and any Borrower, the Borrowers, the Borrowers ' Agent shall provide the Lender Agent with prompt written notice thereof.
(b) The Borrowers Borrowers' Agent shall notify the Lender Agent promptly of all material returns, credits, offsets or charges returns and credits in excess of $250,000 in respect of any Receivable, which notice shall specify the Receivables affected.
(c) The Borrowers may, in the ordinary course of business and prior to a Default or an Event of Default, grant any extension of time for payment of any Receivable or compromise, compound or settle the same for less than the full amount thereof or release wholly or partly any Person liable for the payment thereof or allow any credit or discount whatsoever thereon; provided PROVIDED that (i) no such action results in the reduction of more than $100,000 250,000 in the amount payable with respect to any Receivable or of more than $300,000 500,000 with respect to all Receivables in any fiscal year of the BorrowersBorrower, and (ii) the Lender Agent is promptly notified of the amount of such adjustments and the Receivable(s) affected thereby.
Appears in 1 contract
Disputes, Returns and Adjustments. (a) In the event amounts due and owing under any Receivable in excess of $300,000 50,000 are in dispute between the Account Debtor and the BorrowersBorrower, the Borrowers Borrower shall provide the Lender with prompt written notice thereof.
(b) The Borrowers Borrower shall notify the Lender promptly of all material returns, credits, offsets or charges returns and credits in excess of $250,000 50,000 in respect of any Receivable, which notice shall specify the Receivables affected.
(c) The Borrowers Borrower may, in the ordinary course of business and prior to a Default or an Event of Default, grant any extension of time for payment of any Receivable or compromise, compound or settle the same for less than the full amount thereof or release wholly or partly any Person liable for the payment thereof or allow any credit or discount whatsoever thereonthereon (an "ADJUSTMENT"); provided PROVIDED that (i) no such action Adjustment results in the reduction of more than $100,000 75,000 in the amount payable with respect to any Receivable or of more than $300,000 200,000 with respect to all Receivables in any fiscal year of the BorrowersBorrower, and (ii) the Lender is promptly notified of the amount of such adjustments any Adjustment in excess of $10,000 for any Receivable, and the Receivable(s) affected thereby.
Appears in 1 contract
Sources: Loan and Security Agreement (Airport Systems International Inc)