Common use of Assignments; Participations Clause in Contracts

Assignments; Participations. Each Lender may, with the prior written consent of Agent, assign all or, if less than all, a portion equal to at least $5,000,000 in the aggregate for the assigning Lender, of such rights and obligations under this Agreement to one or more Eligible Transferees (but not including for this purpose any assignments in the form of a participation), each of which assignees shall become a party to this Agreement as a Lender by execution of an Assignment and Acceptance; provided, that, (i) such transfer or assignment will not be effective until recorded by Agent on the Register and (ii) Agent shall have received for its sole account payment of a processing fee from the assigning Lender or the assignee in the amount of $5,000.

Appears in 8 contracts

Sources: Loan and Security Agreement (Pacific Ethanol, Inc.), Loan and Security Agreement (Spartan Stores Inc), Loan and Security Agreement (Jazz Technologies, Inc.)

Assignments; Participations. Each Lender may, with the prior written consent of Agent, assign all or, if less than all, a portion equal to at least $5,000,000 10,000,000 in the aggregate for the assigning Lender, of such rights and obligations under this Agreement to one or more Eligible Transferees (but not including for this purpose any assignments in the form of a participation), each of which assignees shall become a party to this Agreement as a Lender by execution of an Assignment and Acceptance; providedPROVIDED, thatTHAT, (i) such transfer or assignment will not be effective until recorded by Agent on the Register and (ii) Agent shall have received for its sole account payment of a processing fee from the assigning Lender or the assignee in the amount of $5,000.

Appears in 2 contracts

Sources: Loan and Security Agreement (Haynes International Inc), Loan and Security Agreement (Haynes International Inc)

Assignments; Participations. Each Lender may, with the prior written consent of Agent, assign all or, if less than all, a portion equal to at least $5,000,000 10,000,000 in the aggregate for the assigning Lender, of such rights and obligations under this Agreement to one or more Eligible Transferees (but not including for this purpose any assignments in the form of a participation), each of which assignees shall become a party to this Agreement as a Lender by execution of an Assignment and Acceptance; provided, that, (i) such transfer or assignment will not be effective until recorded by Agent on the Register and (ii) Agent shall have received for its sole account payment of a processing fee from the assigning Lender or the assignee in the amount of $5,000.

Appears in 2 contracts

Sources: Loan and Security Agreement (Perry Ellis International Inc), Loan and Security Agreement (International Wire Group Inc)

Assignments; Participations. Each Lender may, with the prior written consent of Agent, assign all or, if less than all, a portion equal to at least $5,000,000 10,000,000 in the aggregate for the assigning Lender, of such rights and obligations under this Agreement to one or more Eligible Transferees (but not including for this purpose any assignments in the form of a participation), each of which assignees shall become a party to this Agreement as a Lender by execution of an Assignment and Acceptance; provided, that, (i) such transfer or assignment will not be effective until recorded by Agent on the Register and (ii) Agent shall have received for its sole account payment of a processing fee from the assigning Lender or the assignee in the amount of $5,000. Agent shall notify Administrative Borrower of any assignment as provided herein upon Agent’s receipt of written notice of the intention of a Lender to make any such assignment.

Appears in 1 contract

Sources: Loan and Security Agreement (Officemax Inc)

Assignments; Participations. Each Lender may, with the prior written consent of Agent, may assign all or, if less than all, a portion equal to at least $5,000,000 in the aggregate for the assigning Lender, of such rights and obligations under this Agreement to one or more Eligible Transferees (but not including for this purpose any assignments in the form of a participation), each of which assignees shall become a party to this Agreement as a Lender by execution of an Assignment and Acceptance; provided, that, (i) such transfer or assignment will not be effective until until: (i) it is recorded by Agent on the Register Register; and (ii) Agent shall have received for its sole account payment of a processing fee from the assigning Lender or the assignee in the amount of $5,000.

Appears in 1 contract

Sources: Loan and Security Agreement (Franks Nursery & Crafts Inc)

Assignments; Participations. Each Lender may, with the prior written consent of Agent, assign all or, if less than all, or a portion equal to at least $5,000,000 in the aggregate for the assigning Lender, of such its rights and obligations under this Agreement to one or more Eligible Transferees (but not including for this purpose any assignments in the form of a participation), each of which assignees shall become a party to this Agreement as a Lender by execution of an Assignment and Acceptance; provided, that, (i) that such transfer or assignment will not be effective until until: (i) it is recorded by Agent on the Register and (ii) Agent shall have received for its sole account payment of a processing fee from the assigning Lender or the assignee in the amount of $5,0001,500.

Appears in 1 contract

Sources: Term Loan and Security Agreement (Trailer Bridge Inc)

Assignments; Participations. Each Lender may, with the prior written consent of Agent, assign all or, if less than all, a portion equal to at least $5,000,000 10,000,000 in the aggregate for the assigning Lender, of such rights and obligations under this Agreement to one or more Eligible Transferees (but not including for this purpose any assignments in the form of a participation), each of which assignees shall become a party to this Agreement as a Lender by execution of an Assignment and Acceptance; provided, that, (i) such transfer or assignment will not be effective until recorded by Agent on the Register and (ii) Agent shall have received for its sole account payment of a processing fee from the assigning Lender or the assignee in the amount of $5,0003,500. Agent shall notify Administrative Borrower of any assignment as provided herein upon Agent’s receipt of written notice of the intention of a Lender to make any such assignment.

Appears in 1 contract

Sources: Loan and Security Agreement (Officemax Inc)