Assignments and Transfers by Creditors Clause Samples

Assignments and Transfers by Creditors. (a) A Creditor (in this capacity the “Transferor”) may at any time assign any of its rights under this Agreement or transfer any of its rights and obligations under this Agreement to any person (a “Transferee”) to whom a Transferor is permitted to assign or transfer rights, benefits and obligations under the Finance Documents. (b) An assignment or transfer will only be effective if the Transferee executes and delivers to STT Parent, the GCL Noteholders’ Agent, the Trustee, the Collateral Agent and GC PLC a Creditor Accession Deed under which the Transferee agrees to be bound by all of the terms of this Agreement as if it had originally been a party to this Agreement as STT Parent, a GCL Noteholder, a Hedging Counterparty, the Trustee or the Collateral Agent (as the case may be).

Assignments and Transfers by Creditors. 17.1.1 No Secured Party, or Creditor Agent if the Secured Party is represented by such, may assign or transfer any of its rights or obligations under this Agreement or any Document to, or in favour of, any person unless such assignment or transfer is made in accordance with the terms of the relevant Secured Finance Document and, as applicable, provided that such person executes and delivers a duly completed and signed Accession Agreement to the Security Agent. Such assignment or transfer will not be effective unless and until the Security Agent executes an Accession Agreement duly completed and signed on behalf of that person. 17.1.2 When an assignment is made by a Secured Party in accordance with Clause 17.1.1, all rights of such Secured Party under this Agreement and the Security Documents shall automatically be transferred to the new Secured Party.

Assignments and Transfers by Creditors. ‌ (a) No Secured Party, Subordinated Creditor, Intercompany Creditor or Intercompany Debtor may assign or transfer any of its rights or obligations under this Agreement or any Debt Document to, or in favour of, any person unless such assignment or transfer is made in accordance with the terms of the relevant Debt Document (and, in relation to Subordinated Debt or Intercompany Debt, that person is permitted or required to become a Subordinated Creditor, Intercompany Creditor or Intercompany Debtor by the Secured Finance Documents) and provided that such person executes and delivers a duly completed and signed ICA Group Company Accession Agreement or, where applicable, Creditor/Representative Accession Undertaking (except for the Senior Noteholders) to the Security Agent (or already is deemed to be a Party to and thereby bound by this Agreement through an agent acting on its behalf). Such assignment or transfer will not be effective unless and until the Security Agent executes an ICA Group Company Accession Agreement or, where applicable, Creditor/Representative Accession Undertaking duly completed and signed on behalf of that person. (b) Notwithstanding the foregoing, Parent shall not be permitted to transfer or assign any Shareholder Debt owing by the Company, without the prior written consent of Security Agent. (c) For the avoidance of doubt, nothing in this Agreement shall (whether by way of provisions covering ranking, subordination, turnover, application of proceeds or otherwise) restrict or limit any Senior Creditor from receiving and retaining for itself (without any obligation to turn them over or share them with any party) any proceeds from any assignment by such Senior Creditor's rights under the Senior Notes Finance Documents to an acceding new Senior Creditor.

Assignments and Transfers by Creditors. No Secured Party, Shareholder Creditor or Intercompany Creditor may assign or transfer any of its rights or obligations under this Agreement or any Debt Document to, or in favour of, any person unless such assignment or transfer is made in accordance with the terms of the relevant Debt Document (and, in relation to Shareholder Debt or Intercompany Debt, that person is permitted or required to become an Shareholder Creditor or Intercompany Creditor by the Senior Finance Documents) and provided that such person executes and delivers a duly completed and signed ICA Group Company Accession Agreement or, where applicable, Creditor/Representative Accession Undertaking (except for the Bondholders) to the Security Agent. Such assignment or transfer will not be effective unless and until the Security Agent executes an ICA Group Company Accession Agreement or, where applicable, Creditor/Representative Accession Undertaking duly completed and signed on behalf of that person.

Assignments and Transfers by Creditors. (a) Subject to Clause 19.1 (Assignment and transfers by the Obligors), a Creditor (in this capacity the Transferor) may at any time assign any of its rights under this Deed or transfer any of its rights and obligations under this Deed to any person (a Transferee) to whom a Transferor is permitted to assign or transfer rights, benefits and obligations under the Senior Finance Documents or the Investor Documents (as the case may be). (b) An assignment or transfer will only be effective if the Security Agent executes a Creditor Accession ▇▇▇▇ ▇▇▇▇ completed and signed on behalf of the Transferee under which the Transferee agrees to be bound by all of the terms of this Deed as if it had originally been party to this Deed as a Creditor. (c) Each of the parties to this Deed (other than the Transferee) irrevocably authorises the Security Agent to execute on its behalf any Creditor Accession Deed which has been duly completed and executed on behalf of the Transferee. (d) The Security Agent will promptly notify the other parties to this Deed of the receipt and execution by it on their behalf of any Creditor Accession Deed.

Assignments and Transfers by Creditors. No Secured Party, Shareholder Creditor, Intercompany Creditor or Intercompany Debtor may assign or transfer any of its rights or obligations under this Agreement or any Document to, or in favour of, any person unless such assignment or transfer is made in accordance with the terms of the relevant Senior Finance Document, Shareholder Debt Document, and/or Intercompany Document (and, in relation to Intercompany Debt, that person is permitted or required to become an Intercompany Creditor or Intercompany Debtor by the Senior Finance Documents) and provided that such person executes and delivers a duly completed and signed Accession Agreement to the Security Agent. Such assignment or transfer will not be effective unless and until the Security Agent executes an Accession Agreement duly completed and signed on behalf of that person.

Assignments and Transfers by Creditors. No Secured Party, Shareholder Creditor, Intercompany Creditor or Intercompany Debtor may assign or transfer any of its rights or obligations under this Agreement or any Document to, or in favour of, any person unless such assignment or transfer is made in accordance with the terms of the relevant Secured Finance Document, Shareholder Debt Document, and/or Intercompany Document (and, in relation to Intercompany Debt, that person is permitted or required to become an Intercompany Creditor or Intercompany Debtor by the Secured Finance Documents) and provided that such person executes and delivers a duly completed and signed Accession Agreement to the Security Agent (or already is deemed to be a Party to and thereby bound by this Agreement through a trustee or agent acting on its behalf). Such assignment or transfer will not be effective unless and until the Security Agent executes an Accession Agreement duly completed and signed on behalf of that person.

Assignments and Transfers by Creditors. No Secured Party, Shareholder Creditor, Subordinated Creditor or Intercompany Creditor may assign or transfer any of its rights or obligations under this Agreement or any Debt Document to, or in favour of, any person unless such assignment or transfer is made in accordance with the terms of the relevant Debt Document (and, in relation to Shareholder Debt or Intercompany Debt, that person is permitted or required to become an Shareholder Creditor, Subordinated Creditor or Intercompany Creditor by the Senior Finance Documents) and provided that such person executes and delivers a duly completed and signed ICA Group Company Accession Agreement or, where applicable, Creditor/Agent Accession Undertaking (except for the Bondholders) to the Security Agent. Such assignment or transfer will not be effective unless and until the Security Agent executes an ICA Group Company Accession Agreement or, where applicable, Creditor/Agent Accession Undertaking duly completed and signed on behalf of that person.

Assignments and Transfers by Creditors. No Transaction Party may assign or transfer any of its rights or obligations under this Agreement or any Transaction Finance Document to, or in favour of, any person unless such assignment or transfer is made in accordance with the terms of the relevant Transaction Finance Document and provided that such person executes and delivers a duly completed and signed Accession Agreement to the Agents (or already is deemed to be a Party to and thereby bound by this Agreement through a trustee or agent acting on its behalf). Such assignment or transfer will not be effective unless and until each Agent (other than an Agent representing such person) executes an Accession Agreement duly completed and signed on behalf of that person.