Common use of ASSIGNMENT NOTICE Clause in Contracts

ASSIGNMENT NOTICE. Reference is made to (1) the Loan and Security Agreement dated as of April 19, 2018, as amended (“Loan Agreement”), among SUPER MICRO COMPUTER, INC., a Delaware corporation (“SMCI”, together with any other party joined hereto after the U.S. Closing Date as a “U.S. Borrower”, individually, each a “U.S. Borrower” and collectively, the “U.S. Borrowers”), upon the Dutch Closing Date, SUPER MICRO COMPUTER B.V., a private limited liability company formed under the laws of the Netherlands and registered with the Trade Register of the Dutch Chamber of Commerce under number 17102792 (“SMCI BV”, together with any other party joined hereto after the Dutch Closing Date as a “Dutch Borrower”, individually, each a “Dutch Borrower” and collectively, the “Dutch Borrowers”, and together with U.S. Borrowers, individually, a “Borrower” and, collectively, the “Borrowers”), BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders. Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment (a) a principal amount of $________ of Assignor’s outstanding Revolver Loans and $___________ of Assignor’s participations in LC Obligations, and (b) the amount of $__________ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments) (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________, and Assignee’s Revolver Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.

Appears in 2 contracts

Sources: Loan and Security Agreement (Super Micro Computer, Inc.), Loan and Security Agreement (Super Micro Computer, Inc.)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan Loan, Security and Security Guarantee Agreement dated as of April 19May 14, 20182021, as amended (“Loan Agreement”), among SUPER MICRO COMPUTER, GEE GROUP INC., a Delaware corporation . (“SMCIGEE Group, together with any other party joined hereto after the U.S. Closing Date as a “U.S. Borrower”, individually, each a “U.S. Borrower” ) and certain of its Subsidiaries (collectively, the “U.S. Borrowers”), upon the Dutch Closing Date, SUPER MICRO COMPUTER B.V., a private limited liability company formed under the laws of the Netherlands and registered with the Trade Register of the Dutch Chamber of Commerce under number 17102792 (“SMCI BV”, together with any other party joined hereto after the Dutch Closing Date as a “Dutch Borrower”, individually, each a “Dutch Borrower” and collectively, the “Dutch Borrowers”, and together with U.S. Borrowers, individually, a “Borrower” and, collectively, the “Borrowers”), CIT BANK, N.A.a division of FIRST-CITIZENS BANK OF AMERICA, N.A.& TRUST COMPANY, as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ___________, 20__ (“Assignment”), between ____________________ (“Assignor”) and _____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment (a) a principal amount of $__________ of Assignor’s outstanding Revolver Loans and $___________ of Assignor’s participations in LC ObligationsLoans, and (b) the amount of $__________ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments) (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $___________, and Assignee’s Revolver Commitment to be increased by $____________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: __________________________________ __________________________________ __________________________________ __________________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.

Appears in 1 contract

Sources: Loan, Security and Guarantee Agreement (GEE Group Inc.)