Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be , 200 (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date: (i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee; (ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date; (iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent; (iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and (v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent. (b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 6 contracts
Sources: Loan and Security Agreement (Travelcenters of America LLC), Loan and Security Agreement (Vs Holdings, Inc.), Loan and Security Agreement (Atlantic Paratrans of Arizona, Inc.)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be , 200 (the “Effective Date”); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;]
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and;
(iv) the Assignee shall have complied with Section ( ) of the Credit Agreement (if applicable);]
(v) the processing fee referred to in Section 2(b) hereof and in Section of the Credit Agreement shall have been paid to the Agent.; and
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to Administrative the Borrower and the Agent for acknowledgment by the Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 5 contracts
Sources: Loan Agreement (Nicholas Financial Inc), Loan Agreement (Nicholas Financial Inc), Loan Agreement (Nicholas Financial Inc)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be _______________, 200 200_ (the “"Effective Date”"); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 4 contracts
Sources: Loan and Security Agreement (Sed International Holdings Inc), Loan and Security Agreement (Hancock Fabrics Inc), Loan and Security Agreement (Stein Mart Inc)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be _______________, 200 200_ (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructionsinstructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 3 contracts
Sources: Loan and Security Agreement (Handy & Harman Ltd.), Loan and Security Agreement (Handy & Harman Ltd.), Loan and Security Agreement (WHX Corp)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be , 200 ______________ (the “Effective Date”); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the any consent of the Company and the Agent as required for an effective assignment under Section 10.08(a) of the Assigned Commitment Amount Credit Agreement for the effectiveness of the assignment hereunder by the Assignor to the Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and;
(viv) the processing fee referred to in Section 2(b) hereof and in Section 10.08(a) of the Credit Agreement shall have been paid to the Agent; and
(v) the Assignor and Assignee shall have complied with the other requirements of Section 10.08 of the Credit Agreement and with the requirements of Sections 9.10 and 3.01 of the Credit Agreement (in each case to the extent applicable).
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to Administrative Borrower the Company and the Agent for acknowledgment acknowledgement by the Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.
Appears in 3 contracts
Sources: 364 Day Revolving Credit Agreement (Deluxe Corp), 5 Year Revolving Credit Agreement (Deluxe Corp), 364 Day Revolving Credit Agreement (Deluxe Corp)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be _______________, 200 200_ (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 3 contracts
Sources: Loan and Security Agreement (Pacific Ethanol, Inc.), Loan and Security Agreement (Vs Direct Inc.), Loan and Security Agreement (Innophos, Inc.)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be , 200 20 (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower Borrowers and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower Borrowers and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 3 contracts
Sources: Loan and Security Agreement (RTW Retailwinds, Inc.), Loan and Security Agreement (New York & Company, Inc.), Loan and Security Agreement (New York & Company, Inc.)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be , 200 (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;; and
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 3 contracts
Sources: Loan and Security Agreement (Pcm, Inc.), Loan and Security Agreement (Pc Mall Inc), Loan and Security Agreement (Pc Mall Inc)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be , 200 (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower Borrowers and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower Borrowers and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 3 contracts
Sources: Loan and Security Agreement (Haynes International Inc), Loan and Security Agreement (Haynes International Inc), Loan and Security Agreement (New York & Company, Inc.)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be , 200 200_ (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 3 contracts
Sources: Loan and Security Agreement (Global Brass & Copper Holdings, Inc.), Loan and Security Agreement (Latrobe Specialty Metals, Inc.), Assignment and Acceptance Agreement (Innophos, Inc.)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be , 200 200_ (the “Effective Date”); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;]
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and;
(iv) the Assignee shall have complied with Section 11.2 of the Credit Agreement (if applicable);]
(v) the processing fee referred to in Section 2(b) hereof and in Section 11.2(a) of the Credit Agreement shall have been paid to the Agent.; and
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to Administrative the Borrower and the Agent for acknowledgment by the Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 3 contracts
Sources: Credit Agreement (Omnova Solutions Inc), Credit Agreement (Omnova Solutions Inc), Credit Agreement (Omnova Solutions Inc)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be , 200 20 (the “Effective Date”); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and Assigneethe Assignee and a copy shall have been delivered to Administrative Agent;
(ii) the consent of Administrative Agent and Borrower (as applicable) required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee under the Credit Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and;
(iv) the Assignee shall have complied with all terms and conditions for such assignment and otherwise as set forth in the Credit Agreement;
(v) the processing administrative fee referred to in Section 2(b) hereof 12.8.4 of the Credit Agreement shall have been paid to Administrative Agent; and
(vi) the Assignor shall have assigned and the Assignee shall have assumed a percentage equal to the Assignee’s Pro Rata Share of the rights and obligations of the Assignor under the Credit Agreement.
(b) Promptly following Notwithstanding the execution foregoing, the Effective Date of this Assignment and Acceptance, Assignor Acceptance shall deliver to not be earlier than five (5) Business Days after the date on which Administrative Borrower Agent receives a copy of the Assignment and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto Acceptance as Schedule 1set forth above.
Appears in 2 contracts
Sources: Credit Agreement (Willis Lease Finance Corp), Credit Agreement (Willis Lease Finance Corp)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, 200 200_ (the “"Effective Date”"); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Administrative Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;]
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and;
(iv) the Assignee shall have complied with Section 11.2 of the Credit Agreement (if applicable);]
(v) the processing fee referred to in Section 2(b) hereof and in Section 11.2(a) of the Credit Agreement shall have been paid to the Administrative Agent.; and
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to Administrative the Borrower and the Administrative Agent for acknowledgment by the Administrative Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 2 contracts
Sources: Credit Agreement (Kforce Com Inc), Credit Agreement (Kforce Com Inc)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, 200 ____ (the “"Effective --------- Date”"); provided, that, that the following conditions precedent have been satisfied -------- on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company and the Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee under Section 10.07(c) of the Credit Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and
(viv) the processing fee referred to in Section 2(b) hereof and in Section 10.07(c) of the Credit Agreement shall have been paid to the Agent.
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to Administrative Borrower the Company and the Agent for acknowledgment by Agent, the Agent a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Compaq Computer Corp), Revolving Credit Agreement (Compaq Computer Corp)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be , 200 20 (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 2 contracts
Sources: Loan and Security Agreement (Freedom Group, Inc.), Loan and Security Agreement (Freedom Group, Inc.)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be , 200 (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Administrative Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Lead Borrower and Administrative Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Administrative Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Lead Borrower and Administrative Agent for acknowledgment by Administrative Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 2 contracts
Sources: Loan and Security Agreement (Spartan Stores Inc), Loan and Security Agreement (Spartan Stores Inc)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be _______________, 200 200_ (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructionsinstructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 2 contracts
Sources: Loan and Security Agreement (Handy & Harman Ltd.), Loan and Security Agreement (WHX Corp)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be , 200 20 (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount [and Assigned Term Loan Amount] by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 2 contracts
Sources: Loan and Security Agreement (Vitamin Shoppe, Inc.), Loan and Security Agreement (Vitamin Shoppe, Inc.)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be _______________, 200 200_ (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower Borrowers and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower Borrowers and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 2 contracts
Sources: Loan and Security Agreement (Jazz Technologies, Inc.), Loan and Security Agreement (Jazz Technologies, Inc.)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be , 200 200___ (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 2 contracts
Sources: Loan and Security Agreement (Amh Holdings, LLC), Loan and Security Agreement (Associated Materials, LLC)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be , 200 (the “Effective Date”); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the any consent of the Company and the Agent as required for an effective assignment under Section 10.08(a) of the Assigned Commitment Amount Credit Agreement for the effectiveness of the assignment hereunder by the Assignor to the Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and;
(viv) the processing fee referred to in Section 2(b) hereof and in Section 10.08(a) of the Credit Agreement shall have been paid to the Agent; and
(v) the Assignor and Assignee shall have complied with the other requirements of Section 10.08 of the Credit Agreement and with the requirements of Sections 9.10 and 3.01 of the Credit Agreement (in each case to the extent applicable).
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to Administrative Borrower the Company and the Agent for acknowledgment acknowledgement by the Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.
Appears in 2 contracts
Sources: 5 Year Revolving Credit Agreement (Deluxe Corp), 364 Day Revolving Credit Agreement (Deluxe Corp)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be , 200 (the “Effective Date”); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Borrower, the Fronting Bank and the Administrative Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee under Section 10.8(a) of the LC Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and;
(viv) the processing fee referred to in Section 2(b) hereof and in Section 10.8(a) of the LC Agreement shall have been paid to the Administrative Agent; and
(v) the Assignor shall have assigned and the Assignee shall have assumed a percentage equal to the Assignee’s Percentage of the rights and obligations of the Assignor under the LC Agreement (if such agreement exists).
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to Administrative the Borrower and the Administrative Agent for acknowledgment by the Administrative Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 2 contracts
Sources: Letter of Credit Reimbursement Agreement (Max Re Capital LTD), Letter of Credit Reimbursement Agreement (Max Re Capital LTD)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be _______________, 200 200_ (the “"Effective Date”"); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
: (i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
; (ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
; (iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
; and (iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1. [6. Agent. [INCLUDE ONLY IF ASSIGNOR IS AN AGENT] ----- (a) Assignee hereby appoints and authorizes Assignor in its capacity as Agent to take such action as agent on its behalf to exercise such powers under the Loan Agreement as are delegated to Agent by Lenders pursuant to the terms of the Loan Agreement.
Appears in 2 contracts
Sources: Loan and Security Agreement (Gsi Group Inc), Loan and Security Agreement (Gsi Group Inc)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be _______________, 200 200_ (the “"Effective Date”"); providedPROVIDED, thatTHAT, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be , 200 201 (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent and, if applicable, Administrative Borrower, as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Loan and Security Agreement (Travelcenters of America LLC)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance Agreement shall be __________, 200 ____ (the “"Effective Date”"); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance Agreement shall be executed and delivered by the Assignor and the Assignee;,
(ii) unless the Assignee is a Lender or an Affiliate of the Assignor, the consent of the Administrative Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;,
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; andAgreement (confirmation of which shall be informed to the Administrative Agent by the Assignor),
(viv) unless the Assignee is an Affiliate of the Assignor, the processing fee referred to in Section 2(b) hereof shall have been paid to the Administrative Agent, and
(v) if the Assignee is not already a Lender, the Assignee shall have delivered an Administrative Questionnaire to the Administrative Agent.
(b) Promptly following after the execution of this Assignment and AcceptanceAgreement, the Assignor shall deliver to Administrative the Borrower and Agent the Administrative Agent, for acknowledgment by the Administrative Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be _______________, 200 200_ (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Administrative Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Lead Borrower and Administrative Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Administrative Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Lead Borrower and Administrative Agent for acknowledgment by Administrative Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, 200 199__ (the “"Effective Date”"); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;]
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and;
(iv) the Assignee shall have complied with Section (___) of the Credit Agreement (if applicable);]
(v) the processing fee referred to in Section 2(b) hereof and in Section ____ of the Credit Agreement shall have been paid to the Agent.; and
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to Administrative Borrower the Loan Parties and the Agent for acknowledgment by the Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance Supplement shall be _______________, 200 20__ (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance Supplement shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;; and
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to AgentSupplement.
(b) Promptly following the execution of this Assignment and AcceptanceSupplement, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Loan and Security Agreement (Winnebago Industries Inc)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be _______________, 200 200_ (the “"Effective Date”"); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent [and Borrowers] [IF REQUIRED BY DEFINITION OF ELIGIBLE TRANSFEREE] as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower Representative and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower Representative and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Loan and Security Agreement (International Wire Group Inc)
Effective Date; Notices. (a) 5.1 As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be __________, 200 201_ (the “Effective Date”); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(ia) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(iib) the consent of Agent as and Borrower required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee under Section 11.8(b) of the Credit Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(ivc) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(vd) the processing assignment fee referred to in Section 2(b) 2.2 hereof shall have been paid to Agent.
(b) 5.2 Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be , 200 (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;; and
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Loan Agreement (Listerhill Total Maintenance Center LLC)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be __________, 200 200_ (the “"Effective Date”"); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and;
(iv) Assignee shall have complied with Section 11.5(c) of the Loan Agreement (if applicable);
(v) the processing fee referred to in Section 2(b) hereof and in Section 11.5(c) of the Loan Agreement shall have been paid to the Agent.; and
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower Borrowers and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Revolving Credit Agreement (National Technical Systems Inc /Ca/)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be , 200 20 (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower Agent and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) . Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower Agent and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Loan and Security Agreement (Perry Ellis International Inc)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be _______________, 200 200_ (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent and Administrative Borrower, as required required, for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;; and
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be _______________, 200 200_ (the “"Effective Date”"); providedPROVIDED, thatTHAT, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount Committed Loan by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, 200 200_ (the “"Effective Date”"); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of Administrative Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date];
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and;
(iv) the Assignee shall have complied with Section 11.2 of the Post-Petition Credit Agreement (if applicable);]
(v) the processing fee referred to in Section 2(b) hereof and in Section 11.2(a) of the Post-Petition Credit Agreement shall have been paid to Administrative Agent.; and
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Borrowers and Administrative Borrower and Agent for acknowledgment by Administrative Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, 200 200_ (the “"Effective Date”"); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Administrative Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;]
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and;
(iv) the Assignee shall have complied with Section 11.2 of the Credit Agreement (if applicable);]
(v) the processing fee referred to in Section 2(b) hereof and in Section 11.2(a) of the Credit Agreement shall have been paid to the Administrative Agent.; and
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Borrowers and the Administrative Borrower and Agent for acknowledgment by the Administrative Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Post Petition Credit Agreement (Westpoint Stevens Inc)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be _______________, 200 200_ (the “"Effective Date”"); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent [and Borrowers] [IF REQUIRED BY DEFINITION OF ELIGIBLE TRANSFEREE] as required for an effective assignment of the Assigned Commitment Amount Committed Loan by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower Representative and Agent;
(iv) Assignee nee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower Representative and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Loan and Security Agreement (International Wire Group Inc)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be ___________, 200 20__ (the “"Effective Date”"); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) ; Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(viv) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent Agent, for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) 5.1 As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be , 200 the date so identified on Schedule 1 (the “Effective Date”); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(ia) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(iib) if and to the extent required under Section 18.7(b) of the Agreement, the consent of Agent as required and Borrower for an effective the assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;; and
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(ivc) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) 5.2 Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, and if applicable, Borrower, a Notice of Assignment substantially in the form attached hereto as Schedule 12.
Appears in 1 contract
Sources: Construction, Acquisition and Interim Loan Agreement (Glimcher Realty Trust)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be _______________, 200 200_ (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Loan and Security Agreement (Image Entertainment Inc)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be , 200 (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) (ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower Borrowers and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower Borrowers and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Loan and Security Agreement (New York & Company, Inc.)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be , 200 20 (the “Effective Date”); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Agent as (if necessary) required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and;
(iv) the Assignee shall have complied with Section 11.2 of the Credit Agreement (if applicable);
(v) the processing fee referred to in Section 2(b) hereof and in Section 11.2(a) of the Credit Agreement shall have been paid to the Agent.; and
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to Administrative Borrower the Borrowers and the Agent for acknowledgment by the Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be , 200 (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower Agent and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower Agent and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be , 200 200___ (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) if required, the consent of Agent and Administrative Borrower as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Loan and Security Agreement (Builders FirstSource, Inc.)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, 200 20__ (the “Effective Date”); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
: (i) this Assignment and Acceptance shall be executed and delivered by the Assignor and Assignee;
the Assignee and a copy shall have been delivered to Administrative Agent; (ii) the consent of Administrative Agent and Borrower (as applicable) required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee under the Credit Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date;
; (iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and
(iv) the Assignee shall have complied with all terms and conditions for such assignment and otherwise as set forth in the Credit Agreement; (v) the processing administrative fee referred to in Section 2(b) hereof 12.8.4 of the Credit Agreement shall have been paid to Administrative Agent.
; and (bvi) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver have assigned and the Assignee shall have assumed a percentage equal to Administrative Borrower the Assignee’s Pro Rata Share of the rights and Agent for acknowledgment by Agent, a Notice obligations of Assignment in the form attached hereto as Schedule 1Assignor under the Credit Agreement.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, 200 20__ (the “"Effective Date”"); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and;
(iv) the Assignee shall have complied with Section 11.2 of the Credit Agreement (if applicable);
(v) the processing fee referred to in Section 2(b) hereof and in Section 11.2(a) of the Credit Agreement shall have been paid to the Agent.; and
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to Administrative Borrower the Borrowers and the Agent for acknowledgment by the Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Credit Agreement (Egl Inc)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be , 200 (the “Effective Date”); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;]
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and;
(iv) the Assignee shall have complied with Section 11.2 of the Credit Agreement (if applicable);]
(v) the processing fee referred to in Section 2(b) hereof and in Section 11.2(a) of the Credit Agreement shall have been paid to the Agent.; and
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to Administrative the Borrower and the Agent for acknowledgment by the Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be , 200 ____________________________,________(the “"Effective Date”"); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower Borrowers and Agent;; and
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower Borrowers and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be , 200 201 (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent and, if applicable, Administrative Borrower, as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Loan and Security Agreement (Travelcenters of America LLC)
Effective Date; Notices. (a) 5.1 As between Assignor and Assignee, the effective date for this Assignment and Acceptance Assumption shall be , 200 (the “Effective Date”); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(ia) this Assignment and Acceptance Assumption shall be executed and delivered by Assignor and Assignee;
(iib) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee under Section 13.1(b) of the Loan Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(ivc) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and AcceptanceAssumption; and
(vd) the processing and recordation fee referred to in Section 2(b) 2.2 hereof shall have been paid to Agent.
(b) 5.2 Promptly following the execution of this Assignment and AcceptanceAssumption, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be , 200 20 (the “"Effective Date”"); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) ; Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(viv) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent Agent, for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance Agreement shall be _______________, 200 200_ (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance Agreement shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and AcceptanceAcceptance Agreement; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and AcceptanceAcceptance Agreement, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Loan and Security Agreement (Nu Horizons Electronics Corp)
Effective Date; Notices. (ai) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be , 200 20 (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) 1. this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) 2. the consent of [Borrower and]* Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) 3. written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;; and
(iv) 4. Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(bii) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1. * Borrower consent required unless an Event of Default has occurred and is continuing.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be , 200 ___________ 200__ (the “"Effective Date”"); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance;
(iv) the Assignee shall have complied with Section 13.3 of the Loan and Security Agreement; and
(v) the processing fee referred to in Section 2(b) hereof and in Section 13.3(a) of the Loan and Security Agreement shall have been paid to the Agent.
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to Administrative the Borrower and the Agent for acknowledgment by the Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) 5.1 As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be , 200 201 (the “Effective Date”); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(ia) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(iib) the consent of Agent as and Parent required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee under Section 11.8(b) of the Credit Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(ivc) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(vd) the processing assignment fee referred to in Section 2(b) 2.2 hereof shall have been paid to Agent.
(b) 5.2 Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Unsecured Term Credit Agreement (BioMed Realty L P)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be May 4, 200 2007 (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower Agent and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower Agent and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Credit Agreement (J Crew Group Inc)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be _______________, 200 200_ (the “"Effective Date”"); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent and Administrative Borrower, as required required, for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;; and
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be [ , 200 20 ] (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of [(A)] Agent [and (B) Holdings]1 as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Loan Agreement (M/a-Com Technology Solutions Holdings, Inc.)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, 200 200_ (the “"Effective Date”"); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and;
(iv) the Assignee shall have complied with Section 11.2 of the Credit Agreement (if applicable);
(v) the processing fee referred to in Section 2(b) hereof and in Section 11.2(a) of the Credit Agreement shall have been paid to the Agent.; and
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to Administrative the Borrower and the Agent for acknowledgment by the Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be _______________, 200 200_ (the “"Effective Date”"); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent and (to the extent required under the Loan Agreement) Borrowers as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Loan and Security Agreement (Commerce Energy Group Inc)
Effective Date; Notices. (a) 5.1 As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be , 200 201_ (the “Effective Date”); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(ia) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(iib) the consent of Agent as and Parent required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee under Section 11.8(b) of the Credit Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(ivc) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(vd) the processing assignment fee referred to in Section 2(b) 2.2 hereof shall have been paid to Agent.
(b) 5.2 Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Unsecured Term Credit Agreement (BioMed Realty L P)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be ___________, 200 20__ (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) ; Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(viv) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent Agent, for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance Agreement shall be [ ], 200 [ ](the “"Effective Date”"); provided, thathowever, that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance Agreement shall be executed and delivered by the Assignor and the Assignee;
(ii) notice of the consent assignment substantially in the form of Exhibit I shall have been delivered to the Administrative Agent as and, if required for an effective assignment of the Assigned Commitment Amount Rights and Obligations by the Assignor to the Assignee under Section 12.3.1 of the Credit Agreement, the consent of each Borrower, the Sole Lead Arranger and the Administrative Agent, as the case may be, shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor from the Assignee under this Assignment Agreement and Acceptancepayment to the Administrative Agent of the fee required by Section 12.3.2 of the Credit Agreement shall have been made; and
(viv) the processing fee referred to information in Section 2(b) hereof this Agreement shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment be recorded in the form attached hereto as Schedule 1.register maintained by the Administrative Agent
Appears in 1 contract
Sources: Credit Agreement (Vectren Corp)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, 200 200_ (the “"Effective Date”"); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and;
(iv) the Assignee shall have complied with Section 11.2 of the Credit Agreement (if applicable);
(v) the processing fee referred to in Section 2(b) hereof (Payments) and in Section 11.2(a) of the Credit Agreement shall have been paid to the Agent.; and
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to Administrative the Borrower and the Agent for acknowledgment by the Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Credit Agreement (Weston Roy F Inc)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be _______________, 200 200_ (the “"Effective Date”"); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower Agent and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower Agent and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Loan and Security Agreement (J Crew Operating Corp)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be _______________, 200 20__ (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, 200 _____ (the “"Effective Date”"); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and;
(iv) the Assignee shall have complied with Section 14.10 of the Credit Agreement (if applicable);]
(v) the processing fee referred to in Section 2(b) hereof and in Section 13.3(a) of the Credit Agreement shall have been paid to the Agent.; and
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to Administrative Borrower the Borrowers and the Agent for acknowledgment by the Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Loan and Security Agreement (Parker Drilling Co /De/)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be _______________, 200 20__ (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor ▇▇▇▇▇▇▇▇ and Assignee;
(ii) the consent of Administrative Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Lead Borrower and Administrative Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Administrative Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Lead Borrower and Administrative Agent for acknowledgment by Administrative Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be _______________, 200 200_ (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Loan and Security Agreement (American Biltrite Inc)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be _______________, 200 200_ (the “"Effective Date”"); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Committed Loan Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Loan and Security Agreement (Lexington Precision Corp)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be _______________, 200 20__ (the “Effective Date”); provided, that, that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) if required, the approval of the Administrative Borrower (which approval shall not be unreasonably withheld or delayed) shall have been obtained;
(iv) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(ivv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and;
(vvi) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.; and
(bvii) Promptly following the execution recording of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment Acceptance in the form attached hereto as Schedule 1Register.
Appears in 1 contract
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be , 200 (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Administrative and Collateral Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Administrative and Collateral Agent;; and
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Administrative and Collateral Agent for acknowledgment by Administrative and Collateral Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Loan and Security Agreement (BlueLinx Holdings Inc.)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, 200 200_ (the “"Effective Date”"); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;]
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and;
(iv) the Assignee shall have complied with Section 11.2 of the Credit Agreement (if applicable);]
(v) the processing fee referred to in Section 2(b) hereof and in Section 11.2(a) of the Credit Agreement shall have been paid to the Agent.; and
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to Administrative the Borrower and the Agent for acknowledgment by the Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be _______________, 200 20__ (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Administrative Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Lead Borrower and Administrative Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Administrative Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Lead Borrower and Administrative Agent for acknowledgment by Administrative Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, 200 200_ (the “"Effective Date”"); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;]
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and;
(iv) the Assignee shall have complied with Section 11.2 of the Credit Agreement (if applicable);]
(v) the processing fee referred to in Section 2(b) hereof and in Section 11.2(a) of the Credit Agreement shall have been paid to the Agent.; and
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to Administrative Borrower the Borrowers and the Agent for acknowledgment by the Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) 5.1 As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be , 200 (the 200___(the “Effective Date”); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(ia) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(iib) the consent of Agent as and Parent required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee under Section 11.8(b) of the Credit Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(ivc) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(vd) the processing assignment fee referred to in Section 2(b) 2.2 hereof shall have been paid to Agent.
(b) 5.2 Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) 5.1 As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be , 200 201 _____ (the “Effective Date”); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(ia) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(iib) the consent of Agent as and Parent required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee under Section 11.8(b) of the Credit Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(ivc) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(vd) the processing assignment fee referred to in Section 2(b) 2.2 hereof shall have been paid to Agent.
(b) 5.2 Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be , 200 20 (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) ; Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(viv) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent Agent, for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Assignment and Acceptance Agreement (Delta Apparel, Inc)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, 200 199__ (the “"Effective Date”"); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;]
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and;
(iv) the Assignee shall have complied with Section 13.3 of the Credit Agreement;
v) the processing fee referred to in Section 2(b) hereof and in Section 15.3(a) of the Credit Agreement shall have been paid to the Agent.; and
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to Administrative the Borrower and Agent the Agent, for acknowledgment by the Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be ___________, 200 200_ (the “"Effective Date”"); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) ; Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(viv) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent Agent, for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, 200 200_ (the “"Effective Date”"); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;]
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and;
(iv) the Assignee shall have complied with Section 11.2 of the Loan and Security Agreement (if applicable);]
(v) the processing fee referred to in Section 2(b) hereof and in Section 11.2(a) of the Loan and Security Agreement shall have been paid to the Agent.; and
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to Administrative the Borrower Representative and the Agent for acknowledgment by the Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, 200 __ (the “"Effective Date”"); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;]
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and;
(iv) the Assignee shall have complied with Section (_) of the Credit Agreement (if applicable);]
(v) the processing fee referred to in Section 2(b) hereof and in Section of the Credit Agreement shall have been paid to the Agent.; and
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to Administrative the Borrower and the Agent for acknowledgment by the Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Loan and Security Agreement (Nicholas Financial Inc)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance Agreement shall be , 200 [ ] (the “"Effective Date”"); provided, thathowever, that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance Agreement shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of Agent as if required for an effective assignment of the Assigned Commitment Amount Rights and Obligations by the Assignor to the Assignee under Section 10.07 of the Credit Agreement, the consent of Borrower, and the Administrative Agent shall have been duly obtained and shall be in full force and effect as of the Effective Date;; and
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor from the Assignee under this Assignment and Acceptance; andAgreement.
(viv) the processing fee referred information in this Assignment Agreement shall be recorded in the Register pursuant to in Section 2(b10.07(b) hereof shall have been paid to Agentof the Credit Agreement.
(b) Promptly following the execution of this Assignment and AcceptanceAgreement, the Assignor shall deliver this Assignment Agreement to Administrative Borrower and Agent the Administrative Agent, for acknowledgment by the Administrative Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Senior Subordinated Credit Agreement (Pro Fac Cooperative Inc)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, 200 200_ (the “"Effective Date”"); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;]
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and;
(iv) the Assignee shall have complied with Section 11.2 of the Loan Agreement (if applicable);]
(v) the processing fee referred to in Section 2(b) hereof and in Section 11.2(a) of the Loan Agreement shall have been paid to the Agent.; and
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to Administrative Borrower the Parent and the Agent for acknowledgment by the Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Loan Agreement (Unitrin Inc)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, 200 199__ (the “"Effective Date”"); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and;
(viv) the processing fee referred to in Section 2(b) hereof and in Section 13.3 of the Credit Agreement shall have been paid to the Agent.; and
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to Administrative the Borrower and the Agent for acknowledgment by the Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Loan and Security Agreement (United States Leather Inc /Wi/)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, 200 _____ (the “"Effective Date”"); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;]
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and;
(iv) the Assignee shall have complied with Section (____) of the Credit Agreement (if applicable);]
(v) the processing fee referred to in Section 2(b) hereof and in Section 13.4(a) of the Credit Agreement shall have been paid to the Agent.; and
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to Administrative the Borrower and the Agent for acknowledgment by the Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be , 200 20 (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount of the Term Loan by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Loan and Security Agreement (Latrobe Specialty Metals, Inc.)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be , 200 (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be ___, 200 200___ (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, 200 ___ (the “"Effective Date”"); provided, that, provided that the following conditions precedent shall have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company, the Administrative Agent, the Canadian Agent as and each Issuing Lender, if required for an effective assignment of the Assigned Commitment Amount Rights and Obligations by the Assignor to the Assignee under Section 12.8(a) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and
(viv) the processing fee referred to in Section 2(b) hereof shall have been paid to the Administrative Agent.
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company and the Administrative Borrower and Agent Agent, for acknowledgment by the Administrative Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Credit Agreement (Lance Inc)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, 200 20__ (the “Effective Date”); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and
(viv) the processing fee referred to in Section 2(b13(b) hereof of the Loan Agreement shall have been paid to the Agent or waived in writing by Agent.
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to Administrative [the Borrower and] Agent and Agent [and Borrower] for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Exhibit B [Schedule 1].
Appears in 1 contract
Sources: Loan and Security Agreement (GTY Technology Holdings Inc.)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be _______________, 200 20__ (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Loan and Security Agreement (Hudson Highland Group Inc)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be , 200 201_ (the “Effective Date”); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(ii) the consent of Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b) Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Administrative Borrower and Agent for acknowledgment by Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be , 200 (the “Effective Date”); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;]
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and;
(iv) the Assignee shall have complied with Section 11.2 of the Credit Agreement (if applicable);]
(v) the processing fee referred to in Section 2(b) hereof and in Section 11.2(a) of the Credit Agreement shall have been paid to the Agent.; and
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to Administrative Borrower the Borrowers’ Agent and the Agent for acknowledgment by the Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be , 200 (the “Effective Date”); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;]
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and;
(iv) the Assignee shall have complied with Section 11.2 of the Credit Agreement (if applicable);]
(v) the processing fee referred to in Section 2(b) hereof and in Section 11.2(a) of the Credit Agreement shall have been paid to the Agent.; and
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to Administrative Borrower the Borrowers and the Agent for acknowledgment by the Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Credit Agreement (Unifi Inc)
Effective Date; Notices. (a) As between Assignor and Assignee, the effective date for this Assignment and Acceptance shall be ____________________, 200 20__ (the “"Effective Date”"); provided, that, the following conditions precedent have been satisfied on or before the Effective Date:: 4833-7494-6387.12 45083/0017 03/02/2018
(ia) this Assignment and Acceptance shall be executed and delivered by Assignor and Assignee;
(iib) the consent of Administrative Agent as required (and the Borrower Agent to the extent as may be required pursuant to Section 1.33(d) of the Loan Agreement) for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iiic) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Borrower Agent and Administrative Borrower and Agent;
(ivd) Assignee shall pay to Assignor all amounts due to Assignor under this Assignment and Acceptance; and
(ve) the processing fee referred to in Section 2(b) 2 hereof shall have been paid to Administrative Agent.
(b) . Promptly following the execution of this Assignment and Acceptance, Assignor shall deliver to Borrower Agent and Administrative Borrower and Agent for acknowledgment by Administrative Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, 200 ____ (the “"Effective Date”"); provided, that, provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and;
(viv) the processing fee referred to in Section 2(b) hereof and in Section 13.3 of the Credit Agreement shall have been paid to the Agent.; and
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to Administrative Borrower the Parent on behalf of the Borrowers and the Agent for 159 acknowledgment by the Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a1) As between the Assignor and Assignee, the effective date for this Assignment and Acceptance shall be ___________, 200 199_ (the “"Effective Date”"); provided, that, PROVIDED THAT the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Agent as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to the Assignee, shall have been given to Administrative Borrower and Agent;; and
(iv) Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance; and
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to Agent.
(b2) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to Administrative Borrower and Agent for acknowledgment acknowledgement by the Agent, a Notice of Assignment in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Loan and Security Agreement (Industrial Fuels Minerals Co)