Validity of Accounts. (a) The amount of each Account shown on the books, records, and invoices of the Borrowers represented as owing by each Account Debtor is and will be the correct amount actually owing by such Account Debtor and shall have been fully earned by performance by the Borrowers. (b) The Agent from time to time may verify the Receivables Collateral directly with the Borrowers' Account Debtors, such verification to be undertaken in keeping with commercially reasonable commercial lending standards. (c) No Borrower has any knowledge of any impairment of the validity or collectability of any of the Accounts. The Lead Borrower shall notify the Agent of any such impairment immediately after any Borrower becomes aware of any such impairment. (d) No Borrower shall post any bond to secure any Borrower's performance under any agreement to which any Borrower is a party nor cause any surety, guarantor, or other third party obligee to become liable to perform any obligation of any Borrower (other than to the Agent) in the event of any Borrower's failure so to perform.
Appears in 2 contracts
Sources: Loan and Security Agreement (Drugmax Inc), Loan and Security Agreement (Childrens Place Retail Stores Inc)
Validity of Accounts. (a) The amount of each Account shown on the books, records, and invoices of the Borrowers represented as owing by each Account Debtor is and will be the correct amount actually owing by such Account Debtor and shall have been fully earned by performance by the Borrowers.
(b) The Collateral Agent from time to time may verify the Receivables Collateral directly with the Borrowers' Account Debtors, such verification to be undertaken in keeping with commercially reasonable commercial lending standards.
(c) No Borrower has any The Borrowers have no knowledge of any impairment of the validity or collectability collectibility of any of the Accounts. The Accounts and the Lead Borrower shall notify the Agent of any such impairment fact immediately after any Borrower becomes aware of any such impairment.
(d) No Borrower The Borrowers shall not post any bond to secure any Borrower's Borrowers' performance under any agreement to which any Borrower is a party nor cause any surety, guarantor, or other third party obligee to become liable to perform any obligation of any Borrower (other than to the Collateral Agent) in the event of any such Borrower's failure so to perform.
Appears in 2 contracts
Sources: Loan and Security Agreement (Mazel Stores Inc), Loan and Security Agreement (Mazel Stores Inc)
Validity of Accounts. (a) The amount of each Account shown on the books, records, and invoices of the Borrowers represented as owing by each Account Debtor is and will be the correct amount actually owing by such Account Debtor and shall have been fully earned by performance by the Borrowers.
(b) The Agent Lender from time to time may verify the Receivables Collateral directly with the Borrowers' ’ Account Debtors, such verification to be undertaken in keeping with commercially reasonable commercial lending standards.
(c) No Borrower has any knowledge of any impairment of the validity or collectability of any of the Accounts. The Lead Borrower shall notify the Agent Lender of any such impairment immediately promptly after any Borrower becomes aware of any such impairment.
(d) No Borrower shall post any bond to secure any such Borrower's ’s performance under any agreement to which any such Borrower is a party nor cause any surety, guarantor, or other third party obligee to become liable to perform any obligation of any such Borrower (other than to the AgentLender) in the event of any such Borrower's ’s failure so to perform.
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Validity of Accounts. 100 108
(a) The amount of each Account shown on the books, records, and invoices of the Borrowers represented as owing by each Account Debtor is and will be the correct amount actually owing by such Account Debtor and shall have been fully earned by performance by the Borrowers.
(b) The Collateral Agent from time to time may verify the Receivables Collateral directly with the Borrowers' Account Debtors, such verification to be undertaken in keeping with commercially reasonable commercial lending standards.
(c) No Borrower has any The Borrowers have no knowledge of any impairment of the validity or collectability collectibility of any of the Accounts. The Accounts and the Lead Borrower shall notify the Agent of any such impairment fact immediately after any Borrower becomes aware of any such impairment.
(d) No Borrower The Borrowers shall not post any bond to secure any Borrower's Borrowers' performance under any agreement to which any Borrower is a party nor cause any surety, guarantor, or other third party obligee to become liable to perform any obligation of any Borrower (other than to the Collateral Agent) in the event of any such Borrower's failure so to perform.
Appears in 1 contract
Sources: Loan and Security Agreement (Restoration Hardware Inc)
Validity of Accounts. (a) The amount of each Account shown on the books, records, and invoices of the Borrowers represented as owing by each Account Debtor is and will be the correct amount actually owing by such Account Debtor and shall have been fully earned by performance by the Borrowers.
(b) The Agent from time to time may verify the Receivables Collateral directly with the Borrowers' Account Debtors, such verification to be undertaken in keeping with commercially reasonable commercial lending standards.
(c) No Borrower has any knowledge of any impairment of the validity or collectability collectibility of any of the AccountsAccounts included in the Borrowing Base. The Lead Borrower shall notify the Administrative Agent of any such impairment immediately after any Borrower becomes aware of any such impairment.
(dc) No Except for Permitted Encumbrances, Standby L/Cs permitted hereunder and, to the extent applicable, in connection with other Encumbrances permitted under Section 4-6, no Borrower shall post any bond to secure any Borrower's performance under any agreement to which any Borrower is a party nor cause any surety, guarantor, or other third party obligee to become liable to perform any obligation of any Borrower (other than to the Administrative Agent) in the event of any Borrower's failure so to perform.
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