Accounts Receivable Financing Agreement - 范本

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SILICON VALLEY BANK

SPECIALTY FINANCE DIVISION

 

ACCOUNTS RECEIVABLE FINANCING AGREEMENT

 

This ACCOUNTS RECEIVABLE FINANCING AGREEMENT (the "Agreement"), dated as of the Effective Date is between Silicon Valley Bank, Specialty Finance Division ("Bank"), and Trans genomic, Inc., a Delaware corporation, ("Borrower"), whose address is 12325 Emmet St., Omaha, Nebraska 68164 and with a FAX number of 402-452-5447.

1. DEFINITIONS. In this Agreement:

"Account Debtor" is defined in the California Uniform Commercial Code and shall include any person liable on any Financed Receivable, such as, a guarantor of the Financed Receivable and any issuer of a letter of credit or banker's acceptance.

"Adjustments" Are all discounts, allowances, returns, disputes, counterclaims, offsets, defenses, rights of recoupment, rights of return, warranty claims, or short payments, asserted by or on behalf of any Account Debtor for any Financed Receivable.

"Advance" is defined in Section 2.2.

"Advance Rate" is 80%, or another percentage as Bank may establish from time to time by giving notice thereof to Borrower.

"Applicable Rate" is a rate per annum equal to the" Prime Rate" plus 2.25 percentage points.

"Borrower's Books" Are all Borrower's books and records including ledgers, records regarding Borrower's assets or liabilities, the Collateral, business operations or financial condition and all computer programs or discs or any equipment containing the information.

"Code" is the California Uniform Commercial Code.

"Collateral" is attached as Exhibit "A".

"Collateral Handling Fee" is defined in Section 3.4.

"Collections" Are all funds received by Bank from or on behalf of an Account Debtor for Receivables.

"Compliance Certificate" is attached as Exhibit "B".

"Domestic Receivables" Are Receivables for which the Account Debtor has its principal place of business in the United States.

"Early Termination Fee" is defined in Section 3.5.

"Effective Date" is the date in which the Bank executes this Agreement.

"Event of Default" is defined in Section 9.

"Facility" is an extension of credit by Bank to Borrower in order to finance receivables with an aggregate Financed Receivable Balance not exceeding the Facility Amount.

"Facility Amount" is$6,250,000.00.

"Facility Period" is the period beginning on the Effective Date and continuing until the Maturity Date, unless the period is terminated sooner pursuant to the terms of this Agreement or extended pursuant to Section 4.3.

"Finance Charges" is defined in Section 3.2.

 

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Accounts Receivable Financing Agreement - Silicon Valley Bank and Transgenomic Inc. (Jun 17, 2003).docx 下载
发布于 2021-02-22 15:00:31
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