Common use of Maintain Accounts Clause in Contracts

Maintain Accounts. The Debtor shall use its best efforts to cause to be collected from its account debtors, as and when due, any and all amounts owing under or on account of each Account (including, without limitation, delinquent Accounts, such Accounts to be collected in accordance with lawful collection procedures and the Debtor?s standard procedures) and apply forthwith upon receipt thereof all such amounts as are so collected to the outstanding balance of such Account, except that, unless an Event of Default has occurred and is continuing and the Secured Party is exercising its rights hereunder to collect Accounts, the Debtor may allow in the ordinary course of business as adjustments to amounts owing under its Accounts (i) an extension or renewal of the time or times of payment, or settlement for less than the total unpaid balance, which the Debtor finds appropriate in accordance with prudent business judgment and (ii) a refund or credit due as a result of returned or damaged merchandise, all in accordance with the Debtor?s ordinary course of business consistent with its historical collection practices. The costs and expenses (including, without limitation, attorney?s fees) of collection, whether incurred by the Debtor or the Secured Party, shall be borne by the Debtor.

Appears in 1 contract

Sources: Security Agreement (Health Sciences Group Inc)

Maintain Accounts. The Debtor shall use its best commercially reasonable efforts to cause to be collected from its account debtors, as and when due, any and all amounts owing under or on account of each Account (including, without limitation, delinquent Accounts, such Accounts to be collected in accordance with lawful collection procedures and the Debtor?s Debtor’s standard procedures) and apply forthwith upon receipt thereof all such amounts as are so collected to the outstanding balance of such Account, except that, unless an Event of Default has occurred and is continuing and the Secured Party is exercising its rights hereunder to collect Accounts, the Debtor may allow in the ordinary course of business as adjustments to amounts owing under its Accounts (i) an extension or renewal of the time or times of payment, or settlement for less than the total unpaid balance, which the Debtor finds appropriate in accordance with prudent business judgment and (ii) a refund or credit due as a result of returned or damaged merchandise, all in accordance with the Debtor?s Debtor’s ordinary course of business consistent with its historical collection practices. The costs and expenses (including, without limitation, attorney?s attorney’s fees) of collection, whether incurred by the Debtor or the Secured Party, shall be borne by the Debtor.

Appears in 1 contract

Sources: Security Agreement (Odyne Corp)