respect to these items, all proceeds now or hereafter owned or acquired by you (collectively,
the “Collateral”). Upon any Event of Default, we may exercise all remedies available to secured
parties under the UCC or any other applicable law. We have the right, but not the obligation, to
create, sign on your behalf and file all filings that we determine are reasonably necessary to
perfect our security interest in the Collateral, including without limitation, one or more UCC-1
financing statements. You agree that you will, from time to time, promptly execute and deliver
all instruments and documents (including any account control agreements), and take all further
action, that may be necessary or appropriate, or that we may reasonably request, to perfect our
security interest in the Collateral against you and all third parties or to enable us to exercise and
enforce our rights and remedies hereunder. For purposes of this Agreement, “Receivables”
refers to any and all cash received from your customers’ purchases of goods and/or services
from you and all payment rights arising from or occurring as a result of your customers’
purchases of goods and/or services from you, whether by checks, money orders, automated
clearing house network transactions, or “ACHs”, or any other type of electronic fund transfers
(collectively, “EFTs”), payment cards (including, without limitation, credit cards, charge cards,
debit cards, prepaid cards, benefit cards or similar cards), extensions of credit or any other
forms of payment now known or hereinafter developed.
12.
Book Entry System. You hereby appoint PayPal as your agent in maintaining, and PayPal on
behalf of the Lender agrees to maintain, an appropriate book entry system for the transaction
under this Agreement. This section does not affect any of Borrower's obligations under this
Agreement. This section does not limit or waive any of Borrower's rights.
13.
Insurance. During the term of this Agreement you must obtain and maintain such insurance as
we may require, in form, amounts and coverage reasonably acceptable to us, and issued by a
company reasonably acceptable to us, naming us as loss payee. You must provide proof of
insurance to us upon request.
14.
Expenditures. If any action or proceeding is commenced that would materially affect our
interest in the Collateral or if you fail to comply with any provision of this Agreement or any
related documents, including but not limited to your failure to discharge or pay when due any
amounts you are required to discharge or pay under this Agreement or any related documents,
we may, on your behalf (but shall not be obligated to) take any action that we deem appropriate,
including but not limited to discharging or paying taxes, liens, security interests, encumbrances
and other claims, at any time levied or placed on the Collateral and paying all costs for insuring,
maintaining and preserving the Collateral. To the extent not prohibited by applicable law, all
such expenses, at our option, will be payable on demand or on the final Weekly Payment Day.
15.
Indemnity. You will defend, indemnify, and hold us, as well as PayPal, our service providers,
and each of their and our respective affiliates, successors, and assigns, harmless from any
damages, liabilities, costs, expenses (including attorneys’ fees) or other harms arising out of
any violation of this Agreement and any laws, statutes, regulations, ordinances, contracts or
other obligations pertaining to the conduct of your business.
16.
Business Information; Reporting Information to Credit Bureaus. You, and each person
individually who signs this Agreement on your behalf, in both your individual capacity and as an
owner of the Business or Guarantor, authorize us and our service providers to contact any third
party, including any credit reporting or database service, your current, prior or third-party card
processors, and your current and prior banks (including, without limitation, any bank where any
Bank Account has been or will be maintained), so that we may confirm or obtain any information
bearing on your creditworthiness or reputation, and obtain a credit report or background report
DocuSign Envelope ID: 60EC8813-17D3-4EFE-9494-81E5428D152E