“Acquired Borrowing Base Assets” means Acquired Accounts and Acquired Inventory (including Acquired Accounts (CM) and Acquired Inventory (CM)).

“Inventory” means any and all of Borrower’s goods (including, without limitation goods in transit) wheresoever located, which are held for sale and are in salable condition, the sale of which will give rise to an Accounts Receivable and which are not returned to and/or repossessed and/or stopped in transit by Borrower.

"Accounts Receivable Debtor" means a Person obligated to pay Borrower the amount of any Accounts Receivable.

no Acquired Accounts or Acquired Inventory (including Acquired Accounts (CM) and Acquired Inventory (CM)) shall be included in the calculation of the Tranche A Borrowing Base except to the extent such assets otherwise constitute Eligible Accounts or Eligible Inventory, as applicable;

“Receivables Assets” shall mean # any accounts receivable and the proceeds thereof owed to a Borrower or a Restricted Subsidiary subject to a Receivables Facility and # all collateral securing such accounts receivable, all contracts and contract rights, guarantees or other obligations in respect of such accounts receivable, all records with respect to such accounts receivable and any other assets customarily transferred together with accounts receivable in connection with an accounts receivable factoring arrangement and which are, in each case, sold, conveyed, assigned or otherwise transferred or pledged by a Borrower or a Restricted Subsidiary to a commercial bank in connection with a Receivables Facility.

(​) The accounts receivable of the Business for work done or goods sold prior to and including the date of Closing (hereinafter, Seller's Accounts Receivable) shall remain the property of Seller. Buyer will forward to Seller payments received by Buyer with respect to Seller's Accounts Receivable, and will cooperate with Seller in providing all correspondence or other documents received by Buyer with respect to Seller's Accounts Receivable and will otherwise cooperate with Seller to enable Seller to collect Seller's Accounts Receivable.

there are not proceedings or actions which are then threatened or pending against the Accounts Receivable Debtor with respect thereto or to which such Accounts Receivable Debtor is a party which are likely to result in any material adverse change in such Accounts Receivable Debtor’s financial condition or in its ability to pay any Accounts Receivable in full when due;

as soon as available and in any event within thirty (30) days after the end of each month (or at such other times or with such greater frequency as is requested by Bank), a duly completed Borrowing Base Certificate, setting forth the Borrowing Base as of the last day of such month calculated, together with an aging of accounts receivable and accounts payable, inventory reports and all documents deemed necessary by Bank;

any other Person (in the case of a transfer by a Receivables Subsidiary), or may grant a security interest in, any accounts receivable (whether now existing or arising in the future) of any Borrower or any Restricted Subsidiary, and any assets related thereto including all collateral securing such accounts receivable, all contracts and all guarantees or other obligations in respect of such accounts receivable, proceeds of such accounts receivable and other assets which are customarily transferred or in respect of which security interests are customarily granted in connection with asset securitization transactions involving accounts receivable and any Hedge Agreements entered into by any Borrower or any such Restricted Subsidiary in connection with such accounts receivable.

sales by ​ and its Subsidiaries of their accounts receivable pursuant to the Receivables Purchase Agreements; provided, that, # the aggregate face amount of all accounts receivable of ​ treated as purchased receivables and sold by ​ and/or its Subsidiaries to the securitization conduit under the Receivables Purchase Agreements shall not exceed at any time the lesser of # an amount equal to seventy-five percent (75%) of the aggregate face amount of all accounts receivable of ​ and its Consolidated Subsidiaries, taken as a whole, including the accounts receivable which constitute purchased receivables under the Receivables Purchase Agreements, and # ​, and # from and after the date of the first sale of accounts receivable pursuant to the Receivables Purchase Agreements, the cumulative net cash proceeds received by ​ from sales of accounts receivable thereunder shall not be less than an amount equal to seventy-five percent (75%) of the cumulative face amount of all accounts receivable of ​ sold thereunder;;