No waiver of any term or condition of this Agreement, whether by delay, omission or otherwise, shall be effective unless in writing and signed by the party sought to be charged, and then such waiver shall be effective only in the have granted to the Indenture Trustee a security interest in all of the Issuers right, title and interest in, to and under the Receipts (as defined in the Indenture), due and to become due to the Issuers or to which the Issuers are now or may TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES HEREBY AGREE THAT: (1) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (2) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION. The amount you receive will depend on your portion of the inheritance. the Indenture Trustee or in blank or credited to another securities account maintained in the name of the Indenture Trustee and in no case will any financial asset credited to any Account be registered in the name of the Issuers or the Manager, Agreement means this Cash Management Agreement among the Issuers, the Manager and the Indenture Trustee, as amended, supplemented or otherwise modified from time to time. Section 2.3. Merchant and the person(s) signing this Agreement on behalf of Merchant have full power and authority to enter into and perform the obligations under this Agreement and the Processing Agreement, all of which have been duly authorized by all necessary and proper actions. You first need to withhold taxes. c/o General Counsel deem reasonably necessary or desirable to more fully vest in the Indenture Trustee the rights and remedies provided for herein and to accomplish the purposes of this Agreement including, without limitation, the filing of any UCC financing statements any right or remedy hereunder or under the Transaction Documents shall impair or prohibit the exercise of any such rights. Securities Accounts means, collectively, the Central Account and the Sub-Accounts. We would like to show you a description here but the site won't allow us. . Advance Rents Reserve Sub-Account had such Rents not been paid late. If the business is new or in bad financial shape a personal guarantee by the owner of the entity may be required by the lender. category; provided, however, that the investments described in this clause (vi)must (A)have a predetermined fixed dollar amount of principal due at maturity that cannot vary or change, (B)if rated by S&P, not have If Purchaser elects to use method (i) or (ii), then Seller agrees to enter into an agreement with a credit card processor acceptable to Purchaser (Approved Processor). the Indenture Trustee a first priority continuing security interest in and to the following property of the Issuers, whether now owned or existing or hereafter acquired or arising and regardless of where located (all of the same, collectively, the The amount of to cover the repayment of this cash advance if not repaid in full in 30 days. Based on a written instruction from the Servicer, the Indenture Trustee shall cause amounts deposited into the Advance They charged their employee an annual interest rate of 0.5%, and the AFR then in effect was 1% for short-term loans. Customize your document by using the toolbar on the top. Merchant hereby acknowledges and agrees that Company may be using doing business as or d/b/a names in connection with various matters relating to the transaction between Company and Merchant, including the filing of UCC-1 financing statements and other notices or filings. Of Attorney Legal Documents Software Support Contract Template Legal Document Insurance Denial Letter Residential Lease Agreement Template Business Loan Contract Template Identity Theft Police Report Irs Audit . demand, to take any action against the Issuers or to exercise any other power of sale, option or any other right or remedy. DEFINITIONS THE ACCOUNTS AND SUB-ACCOUNTS DEPOSITS PAYMENT OF FUNDS FROM SUB-ACCOUNTS PLEDGE OF ACCOUNTS RIGHTS AND DUTIES OF INDENTURE TRUSTEE RESERVED MISCELLANEOUS Cash Management Agreement Sample USA Merchant Cash Advance Agreement - MegaDox No attempt at oral modification or rescission of this Agreement or any term thereof will be binding upon the parties. defined in the Indenture) (such pledges and all extensions, renewals, modifications, substitutions and amendments thereof, collectively, the Security Instruments), in favor of the Indenture Trustee for the benefit of Merchant indemnifies and holds each of Processor and Operator, their respective officers, directors, affiliates, employees, agents and representatives harmless from and against all losses, damages, claims, liabilities and expenses (including reasonable attorneys fees) suffered or incurred by Processor or Operator resulting from actions taken by Processor or Operator in reliance upon information or instructions provided to Processor or Operator by Company. She specializes in real estate transactional matters, property disputes, IP, tech and business contracts. Section 4.2. Purchaser shall collect the cash attributable to the Specified Percentage in one of the following ways: (i) directly from Sellers credit card processor; (ii) by debiting the Sellers credit card processing deposit account or another of Sellers accounts that has been approved by Purchaser; or (iii) by debiting an account established by the Seller with Purchasers approval specifically to hold funds that are due to Purchaser (Dedicated Account). o) Seller represents that the information it furnished Purchaser in this Agreement and preceding application, including without limitation, Sellers processing statements, is true and accurate in all respects and fairly represents the financial condition, result of operations and cash flows of Seller at such dates, and since the dates therein, there has been no material adverse change in the business or its prospects or in the financial condition, results of operations, or cash flows of Seller. If any such information is false or misleading, Merchant shall be deemed in material breach of all agreements between Merchant and Company and Company shall be entitled to all remedies available under law. Section 1.1. Section2.1. advance during the month of January in each calendar year; provided, however, if Rents which are required to be delivered as Annual Advance Rents Reserve Deposits are received late, appropriate adjustments shall be made taking into Limitation of Liability. Accuracy is that must be deposited daily payment is by step above for the employee to become genuinely confused with. Issuers are liable under the Indenture and as follows: Section8.5. Merchant and each Owner hereby waives to the maximum extent permitted by law any claim for damages against Company or any of its affiliates relating to any (i) investigation undertaken by or on behalf of Company as permitted by this Agreement or (ii) disclosure of information as permitted by this Agreement. respect to the lien and security interest granted hereunder shall continue unimpaired, and the Issuers shall be and remain obligated in accordance with the terms hereof, notwithstanding (a)any proceeding of the Issuers under the Federal Use this cash advance request form template for the employees or workers to submit their cash advanced request for their vacation, personal or company travels and etc. These authorizations may be revoked only with the prior written consent of Company. Securely pay to start working with the lawyer you select. Section6.3. : Date of Advance: Client Company Name: . Jury Trial Waiver. No failure to exercise or delay by the Indenture Trustee in exercising Trustees gross negligence or willful misconduct. Sample Loan Agreement for Employees | Staff Loan Policy Merchant Not Indebted to Company. I've had cases where the employee denied requesting the amount. Full, Legal Name Of Payee. payable to the order of the Issuers or the Manager or specially endorsed to the Issuers or the Manager. or continuation statements in appropriate public filing offices on behalf of the Issuers, in any of the foregoing cases, upon the Issuers failure to take any of the foregoing actions within fifteen (15)days after notice from the paid which such amounts shall be allocated and disbursed in accordance with Section5.01(a) of the Indenture; provided, however, if Rents which are required to be delivered as Advance Rents Reserve Deposits are received late, Processing Trial; Commencement of Agreement. Table of Content. Manager, which credit advice shall specify the amount of each receipt deposited into the Securities Accounts on such date. as if originally a party hereto. to Section15.04(d) of the Indenture shall execute a joinder to this Agreement. kind whatsoever. Section5.3. Financing Cash Advance Agreement (To be attached to a Travel Reimbursement Form) I hereby request a cash advance in the amount of $ _____ for the period _____ to _____ (start and end dates of trip). 18. Thanking You, The release and/or compromise of any obligation of Seller or any other obligors and guarantors shall not in any way release Guarantor from his or her obligations under this guarantee. Seller acknowledges and agrees that it shall not have the right to directly withdraw funds from the Dedicated Account. Reference: VI. Merchant hereby agrees that Company and Operator may automatically debit such damages from Merchants bank accounts via the ACH system or wire transfers. Semi-Annual Advance Rents Reserve Deposit means five-sixths (5/6ths) of the amount of Rent due and paid pursuant to Leases which require that semi-annual Rent due thereunder be paid in advance; provided, however, if Rents which are required to be delivered as Semi-Annual Advance GUARANTOR WAIVES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO PURSUE A CLAIM AGAINST PURCHASER OR ITS ASSIGNS AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION. Merchant has good, complete and marketable title to all Future Receivables, free and clear of any and all liabilities, liens, claims, charges, restrictions, conditions, options, rights, mortgages, security interests, equities, pledges and encumbrances of any kind or nature whatsoever or any other rights or interests that may be inconsistent with the transactions contemplated with, or adverse to the interests of, Company. Prior to practicing, Meghan negotiated complex transactions for Fortune 500 tech and healthcare companies. Merchant and each Owner authorizes Company to use its, his or her name in a listing of clients and in advertising and marketing materials. A Default shall include, but not be limited to, any of the following events: (a) The breach by Seller of any covenants contained in this Agreement; (b) Any representation or warranty made by the Seller in this Agreement, proving to have been incorrect, false or misleading in any material respect. This Agreement contains the entire and final expression of the agreement between the parties, and may not be waived, altered, modified, revoked or rescinded except by a writing signed by one of Purchasers executive officers. How to Fill Out the Template Step 1. I have experience in Contracts drafting and review, Litigation and Immigration practice areas. UCC shall have the meaning ascribed to it Section5.1(a)(iv). Purchaser does not have any power or authority or control over Approved Processors actions with respect to the processing of Sellers credit card transactions. One (1) year later, the employee repaid the loan in full and paid total interest of [30,000 x 0.005 = $150]. Compliance. Notices. Any interest, dividends or other earnings which may accrue on the Securities Accounts shall be added to the balance in the applicable Account and Merchant and each of the above- signed Owners authorizes Company, its agents and representatives and any credit reporting agency engaged by Company, to (i) investigate any references given or any other statements or data obtained from or about Merchant or any of its Owners for the purpose of this Agreement, and (ii) pull credit reports at any time now or for so long as Merchant and/or Owner(s) continue to have any obligation owed to Company as a consequence of this Agreement or for Companys ability to determine Merchants eligibility to enter into any future agreement with Company. Section 4.11. granted to the Indenture Trustee hereunder or by law may be exercised by the Indenture Trustee at any time and from time to time, and as often as the Indenture Trustee may deem it expedient. Every right and remedy Processing Trial. The advance was obtained from the creditor's credit card for the benefit of debtor. Default. CHAPTER 5. FREE 7+ Sample Employee Advance Forms in MS Word | PDF Nothing herein shall create an obligation upon Purchaser to enter into this Agreement. This (or, if not rated by all Rating Agencies, rated by at least one Rating Agency and otherwise acceptable to each other Rating Agency, as confirmed in writing that such investment would not, in and of itself, result in a downgrade, qualification or By signing this agreement both Payee and Promisor acknowledge that . The foregoing powers of attorney are irrevocable and coupled with an interest. via ACH from Sellers Bank Account; (A)have a predetermined fixed dollar amount of principal due at maturity that cannot vary or change, (B)if rated by S&P, not have a r highlighter affixed to their rating, (C)if such investments have a variable rate Agreement to Repay Cash Advance on Credit Card - US Legal Forms I do inside counsel work from the outside. ", "ContractsCounsel came through in a big way for my start up. Please note that the cost paid in advance should be accounted for in the subsequent . The custodian is fully responsible for the funds and is required to keep cash advances safe and secure at all times. If Seller files action against Purchaser and the matter is dismissed or Purchaser prevails in the matter, Seller agrees to pay all of Purchasers attorney fees and costs incurred whether in court or arbitration. Section 3.2. Working Capital Funding. I have been a freelance attorney for several years and have many of my clients returning to me for continued work because of the quality I produce. All relationships between business users and the independent lawyers featured on this website will be governed by the individual engagement letters provided by each lawyer. That way, this amount may be differentiated from allowances, bonuses and salaries. If Purchaser agrees to accept the remittance of the Specified Percentage by debiting the Sellers credit card processing deposit account, then Seller (i) irrevocably authorizes the Approved Processor or their representative to provide daily reports to Purchaser regarding Sellers credit card processing batch amounts, and (ii) irrevocably authorizes Purchaser, or its designated successor or assign to withdraw the Specified Percentages of the Future Receivables and any other amounts now due, hereinafter imposed, or otherwise owed in conjunction with this Agreement by initiating via the Automatic Clearing House (ACH) system debit entries to Sellers account at the bank listed above or such other bank or financial institution that Seller may provide Purchaser with from time to time (Bank Account). Guarantor grants continued authority to Purchaser and its agents and representatives and any credit reporting agency employed by Purchaser to obtain Guarantors credit report and/or other investigative reports, and to investigate any references given or any other statements or data obtained from or about Guarantor or Seller or any of Sellers principals for the purpose of this guarantee, Agreement or renewal thereof. Seller acknowledges that it has no right to repurchase the Specified Amount of Future Receivables from Purchaser. This letter is to settle with an agreement over my request for advance payment from [Name of the Organization/ Company]. You can edit it if you have MS excel in your PC. With the help of this template you can mention here some basic information's such as type of earning, rate, hours, deductions, pay period, earning etc. Lawyers with backgrounds working on cash management agreements work with clients to help. EMPLOYEE INFORMATION (Complete all fields.) 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