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Assignment of Accounts Receivable With Recourse

This template is used when a business assigns its accounts receivable to another party, typically a lender, with recourse. This means the assignor remains liable for the receivables if the debtor fails to pay.

Updated 15d ago
accounts receivableassignmentrecoursefinancingdebt collectionSMESouthern Africa

Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

ASSIGNMENT OF ACCOUNTS RECEIVABLE WITH RECOURSE

This Assignment of Accounts Receivable with Recourse (the “Agreement”) is made and entered into this {{date}} by and between:

**Assignor:** {{assignor_company_name}}, a company duly registered under the laws of {{assignor_jurisdiction}}, with its principal place of business at {{assignor_address}} (hereinafter referred to as “Assignor”).

**Assignee:** {{assignee_company_name}}, a company duly registered under the laws of {{assignee_jurisdiction}}, with its principal place of business at {{assignee_address}} (hereinafter referred to as “Assignee”).

RECITALS

WHEREAS, Assignor is engaged in the business of {{assignor_business_description}} and has generated certain accounts receivable in the ordinary course of its business.

WHEREAS, Assignor desires to assign, sell, and transfer to Assignee, and Assignee desires to purchase and accept from Assignor, such accounts receivable with recourse, subject to the terms and conditions set forth herein.

ASSIGNMENT

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor hereby irrevocably assigns, transfers, and sells to Assignee all of Assignor’s right, title, and interest in and to the accounts receivable described in Schedule A attached hereto (the “Assigned Receivables”).

Assignor warrants that the Assigned Receivables are genuine, existing, and legally enforceable obligations, free and clear of any liens, encumbrances, or offsets, except as expressly disclosed in Schedule A.

PURCHASE PRICE AND PAYMENT

The purchase price for the Assigned Receivables shall be {{currency}} {{amount}} ({{amount_in_words}}), payable by Assignee to Assignor on {{payment_date}}.

Payment shall be made by {{payment_method}} to {{assignor_bank_details}}.

RECOURSE

This assignment is made **WITH RECOURSE**. Assignor unconditionally guarantees payment of the full face value of the Assigned Receivables to Assignee. In the event that any of the debtors of the Assigned Receivables fail to pay the amounts due, in whole or in part, Assignor shall be obligated to repurchase such unpaid receivables from Assignee or otherwise indemnify Assignee for the unpaid amounts within {{recourse_period}} days of written demand.

Assignor further agrees to bear all costs associated with the collection of any unpaid Assigned Receivables, including but not limited to legal fees and collection agency charges.

COVENANTS AND WARRANTIES OF ASSIGNOR

Assignor hereby covenants and warrants to Assignee that:

a. Assignor has the full right, power, and authority to enter into this Agreement and to assign the Assigned Receivables.

b. The Assigned Receivables represent valid obligations for goods sold and delivered or services rendered.

c. Assignor will cooperate fully with Assignee in the collection of the Assigned Receivables and will provide all necessary documentation and assistance.

d. Assignor will notify all relevant debtors of the assignment of their respective accounts to Assignee, should Assignee require it.

INDEMNIFICATION

Assignor agrees to indemnify and hold harmless Assignee from and against any and all losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any breach of Assignor’s representations, warranties, or covenants under this Agreement.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of {{governing_law_jurisdiction}}.

ARBITRATION

Any dispute or claim arising out of or in connection with this Agreement, including its existence, validity, or termination, shall be resolved by arbitration in accordance with the rules of {{arbitration_body}}.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

Signature Block

IN WITNESS WHEREOF, the parties hereto have executed this Assignment on the date first written above.

**ASSIGNOR:**

_____________________________

Name: {{assignor_signatory_name}}

Title: {{assignor_signatory_title}}

Date: {{signature_date}}

**ASSIGNEE:**

_____________________________

Name: {{assignee_signatory_name}}

Title: {{assignee_signatory_title}}

Date: {{signature_date}}

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