HomeMy WebLinkAbout1278 ~ pay-~Bank the amount loaned against the account, or contract
right assigned to Bank where the goods are returned by the ;
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Purchaser, damaged or lost in transit, or the payment therefor ;
is disputed by the buyer, or the contract is cancelled or
terminated and any such account shall not be deemed a qualified
account for the purpose of maintainii~y t}ie ~atio provi3z3 in
above paragraph; (c) immediately notify Bank if any of its
~ontracts arise out of contracts with the United States or any ~
department, agency or instrumentality thereof, and execute any
instruments and take any steps required by Bank in order that all
moneys due and to become due under any such contract shall be
assigned to Bank and notice thereof given to the government under
the Federal Assignment of Claims Act; (d) deliver to Bank, with
appropri3te e:~dorsement or assignment, as Bank ?!~?y ?-equire,
any instrument or chattel paper representing an account or
contract right; (e) furnish Bank quarterly with unaudited
financial statements and annually with properlj audited~and
certified financial statements of Borrower prepared by a Certified
Public Accounting firm approved by the Bank; Any permission granted
' to Borrower by Bank to omit any of the requirements of this
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` paragraph may be revoked by Bank at any time.
~ Borrower will promptly, if requested by Bank: (a) mark its
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~ records evidencing its accounts in a manner satisfactory to Bank
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so as to show-the same have been assigned to Bank; (b) pay
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Bank the unpaid portion of any assigned account or contract
right if Bank shall at any time reject the account as unsatisfactory,
which right Bank shall have and may exercise at any time and for
any reason whatsoever; and until such payment is made by Borrower,
Bank may retain any such account or contract right as security
~ and may charge any deposit account of Borrower with any such
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amounts; (c) join the Bank in executiny a financing statement, i
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notice, affidavit ~r similar instrumen~ in form satisfactory
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to Bank, and siich oi:i~er ins~ruments as Bank may from time to time
~ request; and pay the cost a" ~iling the same in any public
~ office deemed a~visa3~le by Eank; (d) give I3ank such financial
statements re orts, certi`icates, list oF purchasers (showing
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names, addresses and .zr::osuts owing), and other data concerning
b`~~lt PACf
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