Agreement Accounts Receivable Without Recourse In Clark

State:
Multi-State
County:
Clark
Control #:
US-00037DR
Format:
Word; 
Rich Text
Instant download

Description

The Agreement Accounts Receivable Without Recourse in Clark is a comprehensive legal document detailing the terms under which a Factor (lender) purchases accounts receivable from a Client (seller) without recourse, meaning the Client is not liable for unpaid debts after the sale. Key features include the absolute assignment of accounts receivable, the requirement for sales and deliveries to be conducted in the Factor's name, and the Factor's rights to collect payments directly from customers. Additionally, the agreement outlines credit approval processes, assumptions of credit risks, and the client's obligations regarding financial reporting and maintaining accurate records. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants involved in commercial finance, as it facilitates the advancement of funds against receivables while minimizing risks. The form must be filled with specific details such as company names and numbers, and allows for provisions like interest calculations and reserve amounts. It serves as a valuable tool for streamlining financial transactions and managing credit-related concerns effectively.
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FAQ

In non-recourse receivables finance, the factor purchases the receivables from the seller and assumes the full debtor default risk. In a recourse transaction, the debtor default risk remains with the seller. Receivables purchased under a non-recourse agreement can generally be removed from the seller's balance sheet.

Factoring without recourse means that the risk of accounts receivable being uncollectible transfers from the buyer to the seller. Basically, if an accounts receivable cannot be collected, the seller does not have to reimburse the buyer like they would if the factoring was “with recourse”.

When a company factors receivables it means that they sell them to another party. If the transaction is without recourse that means the buyer takes on all the risk of credit losses. The seller of the accounts receivable does not bear any risk after the sale is complete.

An example of a without recourse note is a personal check written by A, the maker, to B, the payee. B, in turn pays off a debt to C by endorsing the check and adding the without recourse phrase.

"Without recourse" means that one party cannot obtain a judgment against, or reimbursement from, a defaulting or opposing party in a financial transaction. When the buyer of a promissory note or other negotiable instrument enters into a "no recourse" agreement, they assume the risk of default.

Buyer's acquisition of Purchased Receivables from Seller shall be with full recourse against Seller. In the event the Obligations exceed the amount of Purchased Receivables and Collateral, Seller shall be liable for any deficiency.

No past, present or future director, officer, employee, incorporator, manager, member, partner, stockholder, Affiliate, agent, attorney or other Representative of any party hereto or of any Affiliate of any party hereto, or any of their successors or permitted assigns, shall have any liability for any obligations or ...

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Agreement Accounts Receivable Without Recourse In Clark