Conditions of assignment or transfer. a) An assignment will only be effective on: (i) receipt by the Agent of written confirmation from the New Lender (in form and substance satisfactory to the Agent) that the New Lender will assume the same obligations to the other Finance Parties as it would have been under if it was an Original Lender; and (ii) performance by the Agent of all necessary “know your customer” or other similar checks under all applicable laws and regulations in relation to such assignment to a New Lender, the completion of which the Agent shall promptly notify to the Existing Lender and the New Lender. b) A transfer will only be effective if the procedure set out in Clause 25.4 (Procedure for transfer) is complied with. c) If: (i) a Lender assigns or transfers any of its rights or obligations under the Finance Documents or changes its Facility Office; and (ii) as a result of circumstances existing at the date the assignment, transfer or change occurs, an Obligor would be obliged to make a payment to the New Lender or Lender acting through its new Facility Office under Clause 12 (Tax gross-up and indemnities) or Clause 13 (Increased Costs), then the New Lender or Lender acting through its new Facility Office is only entitled to receive payment under those Clauses to the same extent as the Existing Lender or Lender acting through its previous Facility Office would have been if the assignment, transfer or change had not occurred.
Appears in 2 contracts
Sources: Term Loan Facility Agreement (DHT Holdings, Inc.), Term Loan Facility Agreement (DHT Holdings, Inc.)
Conditions of assignment or transfer. (a) An assignment will only be effective on:
(i) on receipt by the Agent of written confirmation from the New Lender (in form and substance satisfactory to the Agent) that the New Lender will assume the same obligations to the other Finance Parties as it would have been under if it was an Original Lender; and.
(ii) performance by the Agent of all necessary “know your customer” or other similar checks under all applicable laws and regulations in relation to such assignment to a New Lender, the completion of which the Agent shall promptly notify to the Existing Lender and the New Lender.
b) A transfer will only be effective if the procedure set out in Clause 25.4 22.5 (Procedure for transfer) is complied with.
(c) If:
(i) a Lender assigns or transfers any of its rights or obligations under the Finance Documents or changes its Facility Office; and
(ii) as a result of circumstances existing at the date the assignment, transfer or change occurs, an Obligor the Borrower would be obliged to make a payment to the New Lender or Lender acting through its new Facility Office under Clause 12 (Tax gross-up Gross Up and indemnitiesIndemnities) or Clause 13 (Increased Costs), then the New Lender or Lender acting through its new Facility Office is only entitled to receive payment under those Clauses to the same extent as the Existing Lender or Lender acting through its previous Facility Office would have been if the assignment, transfer or change had not occurred.
Appears in 2 contracts
Sources: Facility Agreement (Chartered Semiconductor Manufacturing LTD), Facility Agreement (Chartered Semiconductor Manufacturing LTD)
Conditions of assignment or transfer. a) 25.2.1 An assignment will only be effective on:
(ia) receipt by the Agent of written confirmation from the New Lender (in form and substance satisfactory to the Agent) that the New Lender will assume the same obligations to the other Finance Parties as it would have been under if it was an Original Lender; and
(iib) performance by the Agent of all necessary “know your customer” or other similar checks under all applicable laws and regulations in relation to such assignment to a New Lender, the completion of which the Agent shall promptly notify to the Existing Lender and the New Lender.
b) 25.2.2 A transfer will only be effective if the procedure set out in Clause 25.4 25.5 (Procedure for transfer) is complied with.
c) 25.2.3 If:
(ia) a Lender assigns or transfers any of its rights or obligations under the Finance Documents or changes its Facility Office; and
(iib) as a result of circumstances existing at the date the assignment, transfer or change occurs, an Obligor the Borrower would be obliged to make a payment to the New Lender or Lender acting through its new Facility Office under Clause 12 (Tax gross-up and indemnities) or Clause 13 (Increased Costs), then the New Lender or Lender acting through its new Facility Office is only entitled to receive payment under those Clauses to the same extent as the Existing Lender or Lender acting through its previous Facility Office would have been if the assignment, transfer or change had not occurred.
Appears in 2 contracts
Sources: Facility Agreement (Hoegh LNG Partners LP), Facility Agreement (Hoegh LNG Partners LP)
Conditions of assignment or transfer. a) 20.2.1 An assignment will only be effective on:
(ia) receipt by the Agent Borrower of written confirmation from the New Lender (in form and substance satisfactory to the AgentBorrower (acting reasonably)) that the New Lender will assume the same obligations to the other Finance Parties as it would have been under if it was an Original the Lender; and
(iib) performance by the Agent Lender of all necessary “"know your customer” " or other similar checks under all applicable laws and regulations in relation to such assignment to a New Lender, the completion of which the Agent Lender shall promptly notify to the Existing Lender and the New Lender.
b) 20.2.2 A transfer will only be effective if the procedure set out in Clause 25.4 20.4 (Procedure for transfer) is complied with.
c) 20.2.3 If:
(ia) a the Lender assigns or transfers any of its rights or obligations under the Finance Documents or changes its Facility Office; and
(iib) as a result of circumstances existing at the date the assignment, transfer or change occurs, an Obligor the Borrower would be obliged to make a payment to the New Lender (or the Lender acting through its new Facility Office Office) under Clause 12 11 (Tax gross-up and indemnities) or Clause 13 12 (Increased Costscosts), then the New Lender (or the Lender acting through its new Facility Office Office) is only entitled to receive payment under those Clauses to the same extent as the Existing Lender (or the Lender acting through its previous Facility Office Office) would have been if the assignment, transfer or change had not occurred.
Appears in 1 contract
Conditions of assignment or transfer. a(1) The consent of the Borrower is not required for an assignment or transfer by a Lender.
(2) An assignment will only be effective on:
(i) on receipt by the Agent of written confirmation from the New Lender (in form and substance satisfactory to the Agent) that the New Lender will assume the same obligations to the other Finance Parties as it would have been under if it was an Original Lender; andhad been a Lender under this Agreement from its execution.
(ii) performance by the Agent of all necessary “know your customer” or other similar checks under all applicable laws and regulations in relation to such assignment to a New Lender, the completion of which the Agent shall promptly notify to the Existing Lender and the New Lender.
b3) A transfer will only be effective if the procedure set out in Clause 25.4 24.6 (Procedure for transfer) is complied with.
c(4) If:
(ia) a Lender assigns or transfers any of its rights or obligations under the Finance Documents or changes its Facility Office; and
(iib) as a result of circumstances existing at the date the assignment, transfer or change occurs, an Obligor the Borrower would be obliged to make a payment to the New Lender or Lender acting through its new Facility Office under Clause 12 (Tax gross-up and indemnities) or Clause 13 (Increased Costs)) to the New Lender or to the Lender acting through its new Facility Office, then the New Lender or or, as the case may be, the Lender acting through its new Facility Office is will only be entitled to receive payment under those Clauses to the same extent as the Existing Lender or or, as the case may be, the Lender acting through its previous Facility Office would have been if the assignment, transfer or change had not occurred.
Appears in 1 contract
Sources: Facility Agreement (Corporate Property Associates 16 Global Inc)
Conditions of assignment or transfer. (a) An assignment will only be effective on:
(i) receipt by the Agent of written confirmation from the New Lender (in form and substance satisfactory to the Agent) that the New Lender will assume the same obligations to the other Finance Parties as it would have been under if it was an Original Initial Lender; and
(ii) performance by the Agent of all necessary “know your customer” or other similar checks under all applicable laws and regulations in relation to such assignment to a New Lender, the completion of which the Agent shall promptly notify to the Existing Lender and the New Lender.
(b) A transfer will only be effective if the procedure set out in Clause 25.4 24.4 (Procedure for transfer) is complied with.
(c) If:
(i) a Lender assigns or transfers any of its rights or obligations under the Finance Documents or changes its Facility Office; and
(ii) as a result of circumstances existing at the date the assignment, transfer or change occurs, an Obligor the Borrower would be obliged to make a payment to the New Lender or a Lender acting through its new Facility Office under Clause 12 15 (Tax gross-up and indemnities) or Clause 13 16 (Increased Costscosts), then the New Lender or a Lender acting through its new Facility Office is only entitled to receive payment under those Clauses to the same extent as the Existing Lender or a Lender acting through its previous Facility Office would have been if the assignment, transfer or change had not occurred.
Appears in 1 contract
Sources: Multicurrency Revolving Facility Agreement (Anthracite Capital Inc)
Conditions of assignment or transfer. (a) An assignment will only be effective on:
(i) on receipt by the Facility Agent and the Company of written confirmation from the New Lender (in form and substance satisfactory to the Facility Agent) that the New Lender will assume the same obligations to the other Finance Parties and the Obligors as it would have been under if it was an Original Lender; and.
(ii) performance by the Agent of all necessary “know your customer” or other similar checks under all applicable laws and regulations in relation to such assignment to a New Lender, the completion of which the Agent shall promptly notify to the Existing Lender and the New Lender.
b) A transfer will only be effective if it is carried out in accordance with the procedure set out in Clause 25.4 24.5 (Procedure for transfer) is complied with).
(c) If:
(i) a Lender assigns or transfers any of its rights or obligations under the Finance Documents or changes its Facility Office; and
(ii) as a result of circumstances existing at the date the assignment, transfer or change occurs, an Obligor would be obliged to make a payment to the New Lender or Lender acting through its new Facility Office under Clause 12 13 (Tax gross-up and indemnitiesup) or Clause 13 14 (Increased Costscosts), then the New Lender or Lender acting through its new Facility Office is only entitled to receive payment under those Clauses to the same extent as the Existing Lender or Lender acting through its previous Facility Office would have been if the assignment, transfer or change had not occurred.
Appears in 1 contract
Sources: Syndicated Revolving Credit Agreement (Koninklijke KPN N V)
Conditions of assignment or transfer. (a) An assignment will only be effective on:
(i) on receipt by the DIP Agent of written confirmation from the New DIP Lender (in form and substance satisfactory to the DIP Agent) that the New DIP Lender will assume the same obligations to the other Finance Parties as it would have been under if it was were an Original Lender; and
(ii) performance by the Agent of all necessary “know your customer” or other similar checks under all applicable laws and regulations in relation original Party to such assignment to this Agreement as a New Lender, the completion of which the Agent shall promptly notify to the Existing Lender and the New DIP Lender.
(b) A transfer will only be effective if the procedure set out in Clause 25.4 27.5 (Procedure for transfer) is complied with.
(c) If:
(i) a DIP Lender assigns or transfers any of its rights or obligations under the Finance Documents or changes its Facility Office; and
(ii) as a result of circumstances existing at the date the assignment, transfer or change occurs, an Obligor would be obliged to make a payment to the New DIP Lender or DIP Lender acting through its new Facility Office under Clause 12 (Tax gross-up and indemnities) or Clause 13 (Increased Costs), then the New DIP Lender or DIP Lender acting through its new Facility Office is only entitled to receive payment under those Clauses to the same extent as the Existing DIP Lender or DIP Lender acting through its previous Facility Office would have been if the assignment, transfer or change had not occurred.
Appears in 1 contract
Sources: Debtor in Possession Credit Agreement (Eagle Bulk Shipping Inc.)
Conditions of assignment or transfer. (a) An assignment will only be effective on:
(i) receipt by the Agent of written confirmation from the New Lender (in form and substance satisfactory to the Agent) that the New Lender will assume the same obligations to the other Finance Parties as it would have been under if it was an Original Lender; and
(ii) performance by the Agent of all necessary “"know your customer” " or other similar checks under all applicable laws and regulations relating to any person that it is required to carry out in relation to such assignment to a New Lender, the completion of which the Agent shall promptly notify to the Existing Lender and the New Lender.
(b) A transfer will only be effective if the procedure set out in Clause 25.4 19.4 (Procedure for transfer) is complied with.
(c) If:
(i) a Lender assigns or transfers any of its rights or obligations under the Finance Documents or changes its Facility Office; and
(ii) as a result of circumstances existing at the date the assignment, transfer or change occurs, an Obligor would be obliged to make a payment to the New Lender or Lender acting through its new Facility Office under Clause 12 11 (Tax gross-up and indemnities) or Clause 13 (Increased Costs), then the New Lender or Lender acting through its new Facility Office is only entitled to receive payment under those Clauses to the same extent as the Existing Lender or Lender acting through its previous Facility Office would have been if the assignment, transfer or change had not occurred.
Appears in 1 contract
Conditions of assignment or transfer. (a) An assignment will only be effective on:
(i) receipt by the Agent of written confirmation from the New Lender (in form and substance satisfactory to the Agent) that the New Lender will assume the same obligations to the other Finance Parties as it would have been under if it was an the Original Lender; and
(ii) performance by the Agent of all necessary “know your customer” or other similar checks under all applicable laws and regulations in relation to such assignment to a New Lender, the completion of which the Agent shall promptly notify to the Existing Lender and the New Lender.
(b) A transfer will only be effective if the procedure set out in Clause 25.4 23.6 (Procedure for transfer) is complied with.
(c) If:
(i) a Lender assigns or transfers any of its rights or obligations under the Finance Documents or changes its Facility Office; and
(ii) as a result of circumstances existing at the date the assignment, transfer or change occurs, an Obligor would be obliged to make a payment to the New Lender or Lender acting through its new Facility Office under Clause 12 13 (Tax gross-up and indemnities) or Clause 13 14 (Increased Costscosts), then the New Lender or Lender acting through its new Facility Office is only entitled to receive payment under those Clauses to the same extent as the Existing Lender or Lender acting through its previous Facility Office would have been if the assignment, transfer or change had not occurred.
Appears in 1 contract
Conditions of assignment or transfer. (a) The consent of the Borrower is required for an assignment or transfer by a Lender, (except to another Lender or to an Affiliate of a Lender which is a bank or financial institution and is a UK Qualifying Lender), but must not be unreasonably withheld.
(b) An assignment will only be effective on:
(i) on receipt by the Agent of written confirmation from the New Lender (in form and substance satisfactory to the Agent) that the New Lender will assume the same obligations to the other Finance Parties as it would have been under if it was an Original Lender; and.
(ii) performance by the Agent of all necessary “know your customer” or other similar checks under all applicable laws and regulations in relation to such assignment to a New Lender, the completion of which the Agent shall promptly notify to the Existing Lender and the New Lender.
bc) A transfer will only be effective if the procedure set out in Clause 25.4 23.4 (Procedure for transfer) is complied with.
c(d) If:
(i) a Lender assigns or transfers any of its rights or obligations under the Finance Documents or changes its Facility Office; and
(ii) as a result of circumstances existing at the date the assignment, transfer or change occurs, an Obligor would be obliged to make a payment to the New Lender or the Lender acting through its new Facility Office under Clause 12 13 (Tax gross-up and indemnities) or Clause 13 14 (Increased Costs), then the New Lender or Lender acting through its new Facility Office is only entitled to receive payment under those Clauses to the same extent as the Existing Lender or Lender acting through its previous Facility Office would have been if the assignment, transfer or change had not occurred.
Appears in 1 contract
Conditions of assignment or transfer. a) 25.2.1 The consent of each Issuing Bank is required for an assignment or transfer by a Bank.
25.2.2 An assignment will only be effective on:
(i) on receipt by the Agent of written confirmation from the New Lender Bank (in form and substance satisfactory to the Agent) that the New Lender Bank will assume the same obligations to the other Finance Parties as it would have been under if it was an Original Lender; and
(ii) performance by the Agent of all necessary “know your customer” or other similar checks under all applicable laws and regulations in relation to such assignment to a New Lender, the completion of which the Agent shall promptly notify to the Existing Lender and the New LenderBank.
b) 25.2.3 A transfer will only be effective if all the procedure procedures set out in Clause 25.4 25.5 (Procedure for transfer) is are complied with.
c) 25.2.4 If:
(ia) a Lender Bank assigns or transfers any of its rights or obligations under the Finance Documents or changes its Facility Office; and
(iib) as a result of circumstances existing at the date the assignment, transfer or change occurs, an Obligor would be obliged to make a payment to the New Lender Bank or Lender Bank acting through its new Facility Office under Clause 12 14 (Tax gross-up and indemnities) or Clause 13 15 (Increased Costs), then the New Lender Bank or Lender Bank acting through its new Facility Office is only entitled to receive payment under those Clauses to the same extent as the Existing Lender Bank or Lender Bank acting through its previous Facility Office would have been if the assignment, transfer or change had not occurred.
Appears in 1 contract
Sources: Committed Multicurrency Revolving Facility Agreement (Marconi Corp PLC)