Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement shall be __________, ____ (the “Effective Date”); provided that the following conditions precedent have been satisfied on or before the Effective Date: (i) this Agreement shall be duly executed and delivered by the Assignor and the Assignee, (ii) the consent of the Borrower and the Administrative Agent, if required for an effective assignment of the Assigned Rights and Obligations by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Effective Date, (iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, and (iv) the processing fee referred to in Section 2(b) shall have been paid to the Administrative Agent. (b) Promptly after the execution of this Agreement, the Assignor shall deliver to the Borrower and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) a Notice of Assignment substantially in the form attached hereto as Schedule 1.
Appears in 2 contracts
Sources: Credit Agreement (Axtel Sab De Cv), Credit Agreement (Axtel Sab De Cv)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement shall be __________, __199__ (the “"Effective Date”"); provided PROVIDED that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) Assignee shall pay to Assignor all amounts due to Assignor under this Agreement;
(iii) to the extent required under Section 10.08(a) of each of the Revolving Credit Agreement and the Bridge Loan Agreement, the consent of the Borrower Agent and the Administrative Agent, if required for an effective assignment of the Assigned Rights and Obligations by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, Company shall have been duly obtained (or, in the case of the Company, been deemed obtained) and shall be in full force and effect as of the Effective Date,
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, and;
(iv) the processing fee referred to in Section 2(b) Assignee shall have been paid to complied with Section 3.01(f) of each of the Administrative Agent.Revolving Credit Agreement and the Bridge Loan Agreement (if applicable); and
(b) Promptly after following the execution of this Agreement, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form of attached hereto as Schedule SCHEDULE 1.
Appears in 2 contracts
Sources: Credit Agreement (Apartment Investment & Management Co), Revolving Credit Agreement (Apartment Investment & Management Co)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Acceptance shall be __________, ____ (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the any consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment under Section 10.08(a) of the Assigned Rights and Obligations Credit Agreement for the effectiveness of the assignment hereunder by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(iv) 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 Administrative 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 after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment acknowledgement by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.
Appears in 2 contracts
Sources: Credit Agreement (Deluxe Corp), Credit Agreement (Deluxe Corp)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Acceptance shall be __________, __199__ (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Company, the Issuing Bank and the Administrative Agent, if Agent to the extent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a11.08(a) of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(iv) the Assignee shall have complied with Section 10.10 of the Credit Agreement (if applicable);
(v) the processing fee referred to in Section 2(b) hereof and in Section 11.08(a) of the Credit Agreement shall have been paid to the Administrative Agent.
(b) Promptly after the execution of this Agreement, the Assignor shall deliver to the Borrower and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) a Notice of Assignment substantially in the form attached hereto as Schedule 1.; and
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement shall be _____________________________, ____ (the “"Effective Date”"); provided that the following conditions precedent have -------------- been satisfied on or before the Effective Date:
(ia) this Agreement shall be duly executed and delivered by the Assignor and the Assignee,;
(iib) the consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights Commitment and Obligations outstanding Loans assigned hereunder by the Assignor to the Assignee under Section 10.8(a11.08(a) of the Credit Agreement, if any, ---------------- shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iiic) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, and;
(ivd) the Assignee shall have complied with Section 3.04(f) of the Credit --------------- Agreement (if applicable);
(e) the processing fee referred to above and in Section 2(b11.08(b) of the ---------------- Credit Agreement shall have been paid by [Assignor/Assignee] to the Administrative Agent.; and
(bf) Promptly after following the execution of this Agreement, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.Attachment A. ------------
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement shall be __________, ____ Assignment and Acceptance (the “Effective Date”)) shall be the later of: (i) , 200 ; provided that and (ii) the first day on which the following conditions precedent have been satisfied on or before the Effective Datesatisfied:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a15.1(a) of the Credit Agreement, Loan Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(iv) the processing fee referred to in Section 2(b) hereof and in Section 15.1 of the Loan Agreement in the amount of ($ ), 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 Share of the rights and obligations of the Assignor under the Loan Agreement.
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Administrative Borrower and the Administrative Agent (if applicable, for acknowledgment acknowledgement by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially [substantially] in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Loan and Security Agreement (Childrens Place Retail Stores Inc)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement 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 Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a) 11.8 of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(iv) the processing fee referred to in Section 2(b) hereof and in Section 11.8(a) of the Credit 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 Share of the rights and obligations of the Assignor under the Credit Agreement (if such agreement exists).
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment acknowledgement by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Credit Agreement (Longview Fibre Co)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Acceptance shall be __________, __199__ (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a14.11(a) of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, Assignment and Acceptance; and
(iv) the processing fee referred to in Section 2(b) hereof and in Section 14.11(a) of the Credit Agreement shall have been paid to the Administrative Agent.
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment acknowledgement by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Revolving Loan Agreement (North Star Universal Inc)
Effective Date; Notices. (ag) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Acceptance shall be __________, ____ (the “Effective Date”); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the any consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment under Section 10.08(a) of the Assigned Rights and Obligations Credit Agreement for the effectiveness of the assignment hereunder by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(iv) 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 Administrative 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).
(bh) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment acknowledgement by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially 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 Agreement Assignment and Acceptance shall be __________, __199__ (the “"Effective Date”"); -------------- provided that the following conditions precedent have been satisfied on or -------- before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,, together with the Notes;
(ii) the consent of the Borrower and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a) 28 of the Credit Agreement, Loan Agreement shall have been duly obtained and shall be in full force and effect effective as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(iv) the processing fee referred to in Section 2(b) hereof and in Section 28 of the Loan 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 Share of the rights and obligations of the Assignor under the Loan Agreement (if such agreement exists).
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment acknowledgement by the Administrative Agent and the Borrower) Company, a Notice of Assignment substantially in the form attached hereto as Schedule 1.. ----------
Appears in 1 contract
Sources: Loan Agreement (Gothic Energy Corp)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Acceptance shall be __________, ____ (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the written consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a10.08(a) of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(iv) the Assignee shall have complied with Section 10.08 of the Credit Agreement (if applicable);
(v) 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 Administrative Agent; and
(vi) the Assignor shall have assigned and the Assignee shall have assumed a percentage equal to the Assignee's Percentage Share of the rights and obligations of the Assignor under the Credit Agreement (if such agreement exists).
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially 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 Agreement Assignment and Acceptance shall be __________, ____ (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Company and the Administrative Agent, if required for an effective assignment of the Assigned Rights and Obligations by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance; and (iv) the processing fee referred to in Section 2(b) hereof shall have been paid to the Agent.
(iv) the processing fee referred to in Section 2(b) hereof shall have been paid to the Administrative Agent.
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicableAgent, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Credit Agreement (Cotter & Co)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement shall be __________, ____ Assignment and Acceptance (the “Effective Date”)) shall be the later of: (i) [ , 200 ]; provided that and (ii) the first day on which the following conditions precedent have been satisfied on or before the Effective Datesatisfied:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower and the Administrative Agent, if each Lender required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a12.04(a) of the Credit Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) the consent of Borrower and Administrative Agent if required by the terms of Section 12.04(b) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iiiiv) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, Assignment and Acceptance; and
(ivv) the processing fee and recordation referred to in Section 2(b) hereof and in Section 12.04(b) of the Credit Agreement in the amount of $3,500.00, shall have been paid to the Administrative Agent.
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) , a Notice of Assignment substantially 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 Agreement Assignment and Acceptance shall be __________, ____ 2000 (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Borrowers and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a10.9(a) of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(iv) the processing fee referred to in Section 2(b) hereof and in Section 10.9(a) of the Credit 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 Share of the rights and obligations of the Assignor under the Credit Agreement (if such agreement exists).
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Borrowers and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially [substantially] in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor Assignors and the Assignee, the effective date for this Agreement Assignment and Acceptance shall be __________January 17, ____ 2002 (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by each of the Assignor Assignors and the Assignee,, together with the Notes;
(ii) the consent of the Borrower and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor Assignors to the Assignee under Section 10.8(a) 28 of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect effective as of the Effective Date,, which such consent is deemed given by virtue of MidFirst's execution of this Agreement;
(iii) the Assignee shall pay to the Assignor Assignors all amounts due to the Assignor Assignors under this Agreement, andAssignment and Acceptance,
(iv) the processing fee referred to in Section 2(b) Assignors shall have been paid assigned and the Assignee shall have assumed a percentage equal to the Administrative AgentAssignee's Percentage Share of the rights and obligations of the Assignors under the Credit Agreement (if such agreement exists).
(bv) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor Assignors shall deliver to the Borrower and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent Agent, a copy of this Assignment and the Borrower) a Notice of Assignment substantially in the form attached hereto as Schedule 1Acceptance.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement shall be __________-------------, ____ ---- (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(ia) this Agreement shall be duly executed and delivered by the Assignor and the Assignee,;
(iib) the consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights Revolving Amount [, the Swingline Commitment and Obligations Swingline Loans] assigned hereunder by the Assignor to the Assignee under Section 10.8(a11.8(a) of the Credit Agreement, if any, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iiic) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, and;
(ivd) the Assignee shall have complied with Section 4.1(f) of the Credit Agreement (if applicable);
(e) the processing fee referred to in Section 2(b) hereof and in Section 11.8(a) of the Credit Agreement shall have been paid to the Administrative Agent.; and
(bf) Promptly after following the execution of this Agreement, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the The effective date for this Agreement shall be is __________, ____ (the “"Effective Date”"); provided provided, that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Company and the Administrative Agent, if Documentation Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;]
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, ; and
(iv) the processing fee referred to in Section 2(b) of this Agreement and in Section 10.08(a) of the Credit Agreement shall have been paid by the [Assignor] [Assignee] to the Administrative Documentation Agent.
(b) Promptly after following the execution of this Agreement, the Assignor shall deliver to the Borrower Documentation Agent for acceptance 118 and the Administrative Agent (if applicable, for acknowledgment recording by the Administrative Agent and Documentation Agent, such notices, agreements or other documents as may be required under the Borrower) a Notice of Assignment substantially in the form attached hereto as Schedule 1Credit Agreement.
Appears in 1 contract
Sources: Credit Agreement (Kmart Corp)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Acceptance shall be __________, ____ (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the any consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment under Section 11.8 of the Assigned Rights and Obligations Credit Agreement for the effectiveness of the assignment hereunder by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(iv) the processing fee referred to in Section 2(b) hereof and in Section 11.8 of the Credit Agreement shall have been paid to the Administrative Agent.; and
(bv) Promptly after the execution of this Agreement, the Assignor and Assignee shall deliver have complied with the other requirements of Section 11.8 of the Credit Agreement and with the requirements of Sections 10.10 and 11.9 of the Credit Agreement (in each case to the Borrower and the Administrative Agent (if extent applicable, for acknowledgment by the Administrative Agent and the Borrower) a Notice of Assignment substantially 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 Agreement shall be __________, ____ (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement shall be duly have been executed and delivered by the Assignor and the Assignee,;
(ii) the any consent of the Borrower and the Administrative Agent, if Agent required for an effective assignment under Section 12.09 of the Assigned Rights and Obligations Credit Agreement for the effectiveness of the assignment hereunder by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay have paid to the Assignor all amounts due to the Assignor under this Agreement, and;
(iv) the processing fee referred to in Section 2(b) hereof and in Section 12.09 of the Credit Agreement shall have been paid to the Administrative Agent; and
(v) the Assignor and Assignee shall have complied with the other requirements of Section 12.09 of the Credit Agreement (to the extent applicable).
(b) Promptly after following the execution of this Agreement, the Assignor shall deliver to the Borrower and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Credit Agreement (Lsi Logic Corp)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Assumption shall be __________, __20__ (the “Effective Date”); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Assumption shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, Assignment and
(iv) Acceptance;
(v) the Assignee shall have complied with Section of the Credit Agreement (if applicable);
(vi) the processing fee referred to in Section 2(b) hereof and in Section of the Credit Agreement shall have been paid to the Administrative Agent; and
(vii) the Assignor shall have assigned and the Assignee shall have assumed a percentage equal to the Assignee’s Percentage Share of the rights and obligations of the Assignor under the Credit Agreement.
(b) Promptly after following the execution of this AgreementAssignment and Assumption, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Credit Agreement (Bedford Property Investors Inc/Md)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Acceptance shall be __________, ____ (the “Effective Date”"EFFECTIVE DATE"); provided PROVIDED that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the any consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment under Section 9.04 of the Assigned Rights and Obligations Credit Agreement for the effectiveness of the assignment hereunder by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(iv) the processing fee referred to in Section 2(b) hereof and in subsection 9.04(b) of the Credit Agreement shall have been paid to the Administrative Agent; and
(v) the Assignor and Assignee shall have complied with the other requirements of Section 9.04 of the Credit Agreement and with the requirements of Section 9.13 of the Credit Agreement (in each case to the extent applicable).
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment acknowledgement by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule SCHEDULE 1.
Appears in 1 contract
Sources: Credit Agreement (Solectron Corp)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement 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 Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,, together with the Notes;
(ii) the consent of the Borrower and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a) 10.1 of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect effective as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(iv) the processing fee referred to in Section 2(b) hereof and in Section 10 of the Credit 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 Share of the rights and obligations of the Assignor under the Credit Agreement (if such agreement exists).
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent Agent, a copy of this Assignment and the Borrower) a Notice of Assignment substantially in the form attached hereto as Schedule 1Acceptance.
Appears in 1 contract
Sources: Credit Agreement (Cmi Corp)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement shall be _____________________________, ____ (the “"Effective Date”"); provided that the -------------- following conditions precedent have been satisfied on or before the Effective Date:
(ia) this Agreement shall be duly executed and delivered by the Assignor and the Assignee,;
(iib) the consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights Commitment and Obligations outstanding Loans assigned hereunder by the Assignor to the Assignee under Section 10.8(a11.08(a) of the Credit Agreement, ---------------- if any, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iiic) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, and;
(ivd) the Assignee shall have complied with Section 3.04(f) of the --------------- Credit Agreement (if applicable);
(e) the processing fee referred to above and in Section 2(b11.08(b) of ---------------- the Credit Agreement shall have been paid by [Assignor/Assignee] to the Administrative Agent.; and
(bf) Promptly after following the execution of this Agreement, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.Attachment A. ------------
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Acceptance shall be __________, _____ (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a) 10.8 of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this AgreementAssignment, and Acceptance; and
(iv) the processing fee referred to in Section 2(b) hereof and in Section 10.8 of the Credit 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 Share of the rights and obligations of the Assignor under the Credit Agreement (if such agreement exists).
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Credit Agreement (Marcus Corp)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Acceptance shall be __________, ____ (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Company and the Administrative Agent, if required for an effective assignment of the Assigned Rights and Obligations by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, and
Assignment and Acceptance; and (iv) the processing fee referred to in Section 2(b) hereof shall have been paid to the Administrative Agent.
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicableAgent, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially 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 Agreement Assignment and Acceptance shall be __________, ___200_ (the “Effective Date”"EFFECTIVE DATE"); provided PROVIDED that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Agent and the Administrative Agent, if Borrower Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;]
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(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 2(b11.2(a) of the Credit Agreement shall have been paid to the Administrative Agent.; and
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Borrowers and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule SCHEDULE 1.
Appears in 1 contract
Sources: Term Loan Agreement (Harbinger Capital Partners Master Fund I, Ltd.)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement shall be __________THIS ASSIGNMENT AND ACCEPTANCE SHALL BE , ____ (the “Effective Date”THE "EFFECTIVE DATE"); provided PROVIDED that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a) 10.6 of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(iv) the Assignee shall have complied with Section 10.6 of the Credit Agreement (if applicable);
(v) the processing fee referred to in Section 2(b) hereof and in Section 10.6 of the Credit Agreement shall have been paid to the Administrative Agent.
(b) Promptly after the execution of this Agreement, the Assignor shall deliver to the Borrower and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) a Notice of Assignment substantially in the form attached hereto as Schedule 1.; and
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Acceptance shall be __________, ___, 199__ (the “"Effective --------- Date”"); provided that the following conditions precedent have been satisfied on ---- -------- or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a) 10.08 of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(iv) the Assignee shall have complied with Section 10.08 of the Credit Agreement (if applicable);
(v) the processing fee referred to in Section 2(b) hereof and in Section 10.08 of the Credit Agreement shall have been paid to the Administrative Agent; and
(vi) the Assignor shall have assigned and the Assignee shall have assumed a percentage equal to the Assignee's Percentage Share of the rights and obligations of the Assignor under the Credit Agreement (if such agreement exists).
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment acknowledgement by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially 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 Agreement shall be __________, ____ Assignment and Acceptance (the “Effective Date”); provided that ) shall be the later of: (i) , and (ii) the first day on which the following conditions precedent have been satisfied on or before the Effective Datesatisfied:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a15.1(a) of the Credit Agreement, Loan Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(iv) the processing fee referred to in Section 2(b) hereof and in Section 15.1 of the Loan Agreement in the amount of ($ ), 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 Share of the rights and obligations of the Assignor under the Loan Agreement.
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Administrative Borrower and the Administrative Agent (if applicable, for acknowledgment acknowledgement by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially [substantially] in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Letter of Credit Agreement (Childrens Place Retail Stores Inc)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement shall be _____________________________, ____ (the “"Effective Date”"); provided that the following conditions precedent -------------- have been satisfied on or before the Effective Date:
(ia) this Agreement shall be duly executed and delivered by the Assignor and the Assignee,;
(iib) the consent of the Borrower Company, the Agent, and the Administrative Agent, if Issuing Bank required for an effective assignment of the Assigned Rights Commitment and Obligations outstanding Committed Loans assigned hereunder by the Assignor to the Assignee under Section 10.8(a12.08(a) of the ---------------- Credit Agreement, if any, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iiic) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, and;
(ivd) the Assignee shall have complied with Section 4.05(f) of the Credit --------------- Agreement (if applicable);
(e) the processing fee referred to above and in Section 2(b12.08(b) of the ---------------- Credit Agreement shall have been paid by [Assignor/Assignee] to the Administrative Agent.; and
(bf) Promptly after following the execution of this Agreement, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.Attachment A. ------------
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement shall be __________, ____199__ (the “"Effective Date”"); provided PROVIDED that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) Assignee shall pay to Assignor all amounts due to Assignor under this Agreement;
(iii) to the extent required under Section 10.08(a) of each of the Acquisition Sub Credit Agreement, the consent of the Borrower Agent and the Administrative Agent, if required for an effective assignment of the Assigned Rights and Obligations by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, Company shall have been duly obtained (or, in the case of the Company, been deemed obtained) and shall be in full force and effect as of the Effective Date,
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, and;
(iv) the processing fee referred to in Section 2(b) Assignee shall have been paid to complied with Section 3.01(f) of each of the Administrative Agent.Acquisition Sub Credit Agreement (if applicable); and
(b) Promptly after following the execution of this Agreement, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form of attached hereto as Schedule SCHEDULE 1.
Appears in 1 contract
Sources: Credit Agreement (Apartment Investment & Management Co)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement 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 Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower and the Administrative AgentCollateral Agent and, if unless an Event of Default exists, Parent, required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;]
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance; [(iv) the Assignee shall have complied with Section 11.2 of the Credit Agreement (if applicable);]
(ivv) 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 Collateral Agent.
(b) Promptly after the execution of this Agreement, the Assignor shall deliver to the Borrower and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) a Notice of Assignment substantially in the form attached hereto as Schedule 1.; and
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Acceptance shall be __________, __199__ (the “"Effective --------- Date”"); provided that the following conditions precedent have been satisfied on ---- -------- or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a10.08(a) of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, Assignment and Acceptance;
(iv) the Assignee shall have complied with Section 9.10(a) of the Credit Agreement (if applicable); and
(ivv) 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 Administrative Agent.
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment acknowledgement by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially 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 Agreement Assignment and Acceptance shall be __________, ___200_ (the “Effective Date”"EFFECTIVE DATE"); provided PROVIDED that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) if applicable, the consent of the Borrower and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(iv) the Assignee shall have complied with Section 14.10 of the Loan Agreement (if applicable);
(v) the processing fee referred to in Section 2(b) hereof and in Section 13.2(a)(iii) of the Loan Agreement shall have been paid to the Administrative Agent.; and
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Parent and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule SCHEDULE 1.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Acceptance (the "Effective Date") shall be the later of: (i) ____________, 199____ ; and (ii) the “Effective Date”); provided that first day on which the following conditions precedent have been satisfied on or before the Effective Datesatisfied:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a15.1(a) of the Credit Agreement, Loan Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(iv) the processing fee referred to in Section 2(b) hereof and in Section 15.1 of the Loan Agreement in the amount of _______________________ ($______), 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 Share of the rights and obligations of the Assignor under the Loan Agreement.
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially [substantially] in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Loan and Security Agreement (Franks Nursery & Crafts Inc)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement shall be _____________________________, ____ (the “"Effective Date”"); provided that the following conditions precedent have -------------- been satisfied on or before the Effective Date:
(ia) this Agreement shall be duly executed and delivered by the Assignor and the Assignee,;
(iib) the consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights Commitment and Obligations outstanding Committed Loans assigned hereunder by the Assignor to the Assignee under Section 10.8(a11.08(a) of the Credit Agreement, ---------------- if any, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iiic) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, and;
(ivd) the Assignee shall have complied with Section 3.05(f) of the Credit --------------- Agreement (if applicable);
(e) the processing fee referred to above and in Section 2(b11.08(b) of the ---------------- Credit Agreement shall have been paid by [Assignor/Assignee] to the Administrative Agent.; and
(bf) Promptly after following the execution of this Agreement, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.Attachment A. ------------
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Acceptance shall be __________September 28, ____ 2001 (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the any consent of Holdings, the Borrower Issuing Bank and the Administrative Agent, if Agent required for an effective assignment under Section 11.08 of the Assigned Rights and Obligations Credit Agreement for the effectiveness of the assignment hereunder by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(iv) the processing fee referred to in Section 2(b) hereof and in Section 11.08 of the Credit Agreement shall have been paid to the Administrative Agent.; and
(bv) the Assignor and Assignee shall have complied with the other requirements of Section 11.08 of the Credit Agreement and with the requirements of Sections 10.10 and 11.09 of the Credit Agreement (in each case to the extent applicable). Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Holdings and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) acknowledgement a Notice of Assignment substantially 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 Agreement Assignment and Acceptance shall be __________, __199__ (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a[ ](__) of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(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 Administrative Agent; and
(vi) the Assignor shall have assigned and the Assignee shall have assumed a percentage equal to the Assignee's Percentage Share of the rights and obligations of the Assignor under the Credit Agreement (if such agreement exists).
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Company [, the Issuing Bank] and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially [substantially] in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Credit Agreement (Pan Pacific Retail Properties Inc)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Acceptance shall be __________, _____ (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a10.08(a) of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(iv) the Assignee shall have complied with Section 9.10 of the Agreement (if applicable);]
(v) the processing fee referred to in Section 2(b) hereof and in Section 10.08(a)(iii) of the Agreement shall have been paid to the Administrative Agent; and
(vi) the Assignor shall have assigned and the Assignee shall have assumed a percentage equal to the Assignee's E-3 110 Percentage Share of the rights and obligations of the Assignor under the Agreement (if such agreement exists).
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment acknowledgement by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially 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 Agreement Assignment and Acceptance shall be __________ ___, _____ (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of Borrower [, the Borrower Fronting Lender] and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a11.08(a) of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(iv) [ the Assignee shall have complied with Section 4.01(d) of the Credit Agreement (if applicable); and (v) the processing fee referred to in Section 2(b) hereof and in Section 11.08(a) of the Credit Agreement shall have been paid to the Administrative Agent.
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to Borrower[, the Borrower Fronting Lender] and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially 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 Agreement shall be __________, _____ (the “"Effective Date”"); provided provided, that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(iv) the Assignee shall have complied with Section 12.10 of the Credit Agreement (if applicable);
(v) the processing fee referred to in Section paragraph 2(b) hereof and in Section 11.2(a) of the Credit Agreement shall have been paid to the Administrative Agent.; and
(b) Promptly after following the execution of this Agreement, the Assignor shall deliver to the Borrower Borrowers and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Credit Agreement (Brown Shoe Co Inc)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Acceptance shall be __________, ____ (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the any consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment under Section 11.8 of the Assigned Rights and Obligations Credit Agreement for the effectiveness of the assignment hereunder by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(iv) the processing fee referred to in Section 2(b) hereof and in Section 11.8 of the Credit Agreement shall have been paid to the Administrative Agent; and
(v) the Assignor and Assignee shall have complied with the other requirements of Section 11.8 of the Credit Agreement and with the requirements of Sections 10.10 and 11.9 of the Credit Agreement (in each case to the extent applicable).
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment acknowledgement by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the The effective date for this Agreement shall be __________ _, ____ (the “Effective Date”"EFFECTIVE DATE"); provided PROVIDED that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Company and the Administrative Agent, if Agent [and the beneficiaries of any outstanding Several Letters of Credit] required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, ; and
(iv) the processing recordation fee referred to in Section 2(b) of this Agreement and in Section 11.8(a) of the Credit Agreement shall have been paid to the Administrative Agent.
(b) Promptly after following the execution of this Agreement, the Assignor shall deliver to the Borrower Agent for acceptance and the Administrative Agent (if applicable, for acknowledgment recording by the Administrative Agent and Agent, the Borrower) a Notice of Assignment substantially in notices, agreements or other documents as may be required under the form attached hereto as Schedule 1Credit Agreement.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Acceptance shall be __________, ____ 2000 (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Borrowers and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a10.9(a) of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,; 101
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(iv) the processing fee referred to in Section 2(b) hereof and in Section 10.9(a) of the Credit 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 Share of the rights and obligations of the Assignor under the Credit Agreement (if such agreement exists).
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Borrowers and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially [substantially] in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: 364 Day Revolving Credit Agreement (Nuveen John Company)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Acceptance shall be __________, ____ (the “"Effective Date”"); provided -------------- provided, that the following conditions precedent have been satisfied on or -------- before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a10.07(c) of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, Assignment and Acceptance; and
(iv) 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 Administrative Agent.
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) a Notice of Assignment substantially 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 Agreement shall be __________, ____ (the “Effective Date”); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(ia) this Agreement shall be duly executed and delivered by the Assignor and the Assignee,;
(iib) the consent of the Borrower and the Administrative Agent, if Agent required for an effective assignment of [the Term Loan Assigned Rights and Obligations Amount] [and] [the Committed Assigned Amount] by the Assignor to the Assignee under Section 10.8(a12.08(a) of the Credit Agreement, if any, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iiic) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, and;
(ivd) the Assignee shall have complied with Section 4.05(f) of the Credit Agreement (if applicable);
(e) the processing fee referred to above and in Section 2(b12.08(b) of the Credit Agreement shall have been paid by [Assignor/Assignee] to the Administrative Agent.; and
(bf) Promptly after following the execution of this Agreement, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.Attachment A.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Acceptance shall be __________, _____ (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a) 10.8 of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this AgreementAssignment, and Acceptance; and
(iv) the processing fee referred to in Section 2(b) hereof and in Section 10.8 of the Credit 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 Share of the rights and obligations of the Assignor under the Credit Agreement (if such agreement exists).
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Credit Agreement (Marcus Corp)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Acceptance shall be __________, ____ (the “"Effective Date”"); provided provided, that the following conditions precedent have been satisfied on or before the Effective Date:
: (i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,
; (ii) the consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a10.07(c) of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,
; (iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, and
Assignment and Acceptance; and (iv) 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 Administrative Agent.
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) a Notice of Assignment substantially in the form attached hereto as Schedule 11.6.
Appears in 1 contract
Effective Date; Notices. (a) As between a. If the Assignor and the Assigneefollowing conditions precedent have been satisfied prior to such date, the effective date for this Agreement shall be effective on ______________, _____ (the “"Assignment Effective Date”); provided that the following conditions precedent have been satisfied on or before the Effective Date:"):
(i) i. this Agreement shall be duly executed and delivered by the Assignor and the Assignee,;
ii. the Assignor and the Assignee shall have given five (ii5) Business Days advance written notice to the Agent and the Banks in the form set forth on Schedule II hereto;
iii. any consent of the Borrower Company, the Agent and the Administrative Agent, if Issuing Bank required for an effective assignment of the Assigned Rights and Obligations Liabilities by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Assignment Effective Date,;
(iii) iv. the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, ; and
(iv) v. the processing or transfer fee referred to both in Section 2(b) of this Agreement and in Section 13.7(a) of the Credit Agreement shall have been paid to the Administrative Agent.
(b) b. Promptly after following the execution of this Agreement, the Assignor shall deliver to the Borrower Agent for acceptance and recording by the Agent the notices, agreements or other documents as may be required under the Credit Agreement and the Administrative Agent (if applicable, for acknowledgment by other Credit Documents in form and substance satisfactory to the Administrative Agent and the Borrower) a Notice of Assignment substantially in the form attached hereto as Schedule 1Agent.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Acceptance shall be __________, __199__ (the “"Effective --------- Date”"); provided that the following conditions precedent have been satisfied on -------- or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a12.8(a) of the Credit Agreement, Agreement shall have been duly obtained and --------------- shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(iv) the Assignee shall have complied with all provisions of Section 12.8(a) of the Credit Agreement; ---------------
(v) the processing fee referred to in Section 2(b) hereof and in Section 12.8(a) of the Credit Agreement shall have been paid to the Administrative Agent.; --------------- and
(bvi) Promptly after the execution of this Agreement, the Assignor shall deliver have assigned and the Assignee shall have assumed a percentage equal to the Borrower Assignee's Percentage Share of the rights and obligations of the Administrative Agent Assignor under the Credit Agreement (if applicable, for acknowledgment by the Administrative Agent and the Borrower) a Notice of Assignment substantially in the form attached hereto as Schedule 1such agreement exists).
Appears in 1 contract
Sources: Secured Credit Agreement (System Software Associates Inc)
Effective Date; Notices. (a) As between the Assignor and the Assigneeparties hereto, the effective date for this Agreement Assignment and Acceptance shall be __________, ____ 20 (the “Effective Date”); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower and the Administrative Agent, and, if required by the Credit Agreement, the Borrower, required for an effective assignment of the Revolver Assigned Rights and Obligations by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, Amount as contemplated hereunder shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, Assignor;
(iv) the Assignee shall have complied with Section 11.2 of the Credit Agreement (if applicable); and
(ivv) 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.
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially 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 Agreement Assignment and Acceptance shall be __________, ____ 2001 (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a10.9(a) of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(iv) the Assignee shall have complied with Section 9.10 of the Credit Agreement (if applicable);
(v) the processing fee referred to in Section 2(b) hereof and in Section 10.9(a) of the Credit Agreement shall have been paid to the Administrative Agent.; and
(bvi) Promptly after the execution of this Agreement, the Assignor shall deliver have assigned and the Assignee shall have assumed a percentage equal to the Borrower Assignee's Percentage Share of the rights and obligations of the Administrative Agent Assignor under the Credit Agreement (if applicable, for acknowledgment by the Administrative Agent and the Borrower) a Notice of Assignment substantially in the form attached hereto as Schedule 1such agreement exists).
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement shall be ____________________, ____ (the “"Effective Date”"); provided that the following conditions precedent have been -------------- satisfied on or before the Effective Date:
(ia) this Agreement shall be duly executed and delivered by the Assignor and the Assignee,;
(iib) the consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights Commitment and Obligations outstanding Loans assigned hereunder by the Assignor to the Assignee under Section 10.8(a11.08(a) of the Credit Agreement, if any, ---------------- shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iiic) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, and;
(ivd) the Assignee shall have complied with Section 3.04(f) of the Credit --------------- Agreement (if applicable);
(e) the processing fee referred to above and in Section 2(b11.08(b) of the ---------------- Credit Agreement shall have been paid by [Assignor/Assignee] to the Administrative Agent.; and
(bf) Promptly after following the execution of this Agreement, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.Attachment A. ------------
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Acceptance shall be __________, ____ (the “Effective Date”"EFFECTIVE DATE"); provided PROVIDED, that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a10.07(c) of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, Assignment and Acceptance; and
(iv) 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 Administrative Agent.
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) a Notice of Assignment substantially 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 Agreement Assignment and Acceptance shall be __________, ____ (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the any consent of the Borrower Company, the Swingline Bank and the Administrative Agent, if Agent required for an effective assignment under Section 10.08 of the Assigned Rights and Obligations 5-Year Credit Agreement for the effectiveness of the assignment hereunder by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(iv) the processing fee referred to in Section 2(b) hereof and in Section 10.08 of the 5-Year Credit Agreement shall have been paid to the Administrative Agent; and
(v) the Assignor and Assignee shall have complied with the other requirements of Section 10.08 of the 5-Year Credit Agreement and with the requirements of Sections 9.10 and 10.10 of the 5-Year Credit Agreement (in each case to the extent applicable).
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment acknowledgement by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially 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 Agreement shall be __________, ____ (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(ia) this Agreement shall be duly executed and delivered by the Assignor and the Assignee,;
(iib) the consent of the Borrower Company, the Agent, and the Administrative Agent, if Issuing Bank required for an effective assignment of the Assigned Rights Commitment and Obligations outstanding Committed Loans assigned hereunder by the Assignor to the Assignee under Section 10.8(a12.08(a) of the Credit Agreement, if any, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iiic) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, and;
(ivd) the Assignee shall have complied with Section 4.05(f) of the Credit Agreement (if applicable);
(e) the processing fee referred to above and in Section 2(b12.08(b) of the Credit Agreement shall have been paid by [Assignor/Assignee] to the Administrative Agent.; and sf-722994 3
(bf) Promptly after following the execution of this Agreement, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.Attachment A.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the The effective date for this Agreement shall be is __________, _____ (the “"Effective Date”"); provided provided, that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Company and the Administrative Agent, if Documentation Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;]
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, ; and
(iv) the processing fee referred to in Section 2(b) of this Agreement and in Section 10.08(a) of the Credit Agreement shall have been paid by the [Assignor] [Assignee] to the Administrative Documentation Agent.
(b) Promptly after following the execution of this Agreement, the Assignor shall deliver to the Borrower Documentation Agent for acceptance and the Administrative Agent (if applicable, for acknowledgment recording by the Administrative Agent and Documentation Agent, such notices, agreements or other documents as may be required under the Borrower) a Notice of Assignment substantially in the form attached hereto as Schedule 1Credit Agreement.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement shall be __________, ____ (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(ia) this Agreement shall be duly executed and delivered by the Assignor and the Assignee,;
(iib) the consent of the Borrower Company, the Agent, and the Administrative Agent, if Issuing Bank required for an effective assignment of the Assigned Rights Commitment and Obligations outstanding Committed Loans assigned hereunder by the Assignor to the Assignee under Section 10.8(a12.08(a) of the Credit Agreement, if any, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iiic) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, and;
(ivd) the Assignee shall have complied with Section 4.05(f) of the Credit Agreement (if applicable);
(e) the processing fee referred to above and in Section 2(b12.08(b) of the Credit Agreement shall have been paid by [Assignor/Assignee] to the Administrative Agent.; and sf-709110 3
(bf) Promptly after following the execution of this Agreement, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.Attachment A.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Acceptance shall be __________, __199__ (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a) 13.8 of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, Assignment and Acceptance; and
(iv) the processing fee referred to in Section 2(b) hereof and in Section 13.8 of the Credit 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 Share of the rights and obligations of the Assignor under the Credit Agreement (if such agreement exists).
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially 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 Agreement shall be __________, ____ (the “Effective Date”); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement shall be duly have been executed and delivered by the Assignor and the Assignee,;
(ii) the any consent of the Borrower and the Administrative Agent, if Agent required for an effective assignment under Section 8.7 of the Assigned Rights and Obligations Credit Agreement for the effectiveness of the assignment hereunder by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay have paid to the Assignor all amounts due to the Assignor under this Agreement, and;
(iv) the processing fee referred to in Section 2(b) hereof and in Section 8.7(a) of the Credit Agreement shall have been paid to the Administrative Agent; and
(v) the Assignor and Assignee shall have complied with the other requirements of Section 8.7 of the Credit Agreement (to the extent applicable).
(b) Promptly after following the execution of this Agreement, the Assignor shall deliver to Holdings, the Borrower and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially 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 Agreement Assignment and Acceptance shall be __________, _____ (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a10.08(a) of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, Assignment and Acceptance;
(iv) the Assignee shall have complied with subsection 9.10(a) of the Agreement (if applicable); and
(ivv) the processing fee referred to in Section 2(b) hereof and in Section 10.08(a) of the Agreement shall have been paid to the Administrative Agent.
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the each Assignee, the effective date for this Agreement Assignment and Acceptance shall be __________April 24, ____ 2002 (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower DASI and the Administrative Agent, if required for an effective assignment of the Assigned Rights and Obligations by the Assignor to the such Assignee under Section 10.8(a14.8(a) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Effective Date,; and
(iii) the such Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, and
(iv) the processing fee referred to in Section 2(b) shall have been paid to the Administrative AgentAssignment and Acceptance.
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Borrowers, the Issuing Lender, the Swing Line Lender, the Canadian Lender and the Administrative Agent (if applicableAgent, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Master Assignment and Acceptance Agreement (Dura Automotive Systems Inc)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Assumption shall be __________May 1, ____ 2000 (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Assumption shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a) 12.3.1 of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Assumption;
(iv) the Assignee shall have complied with Section 12.3 of the Credit Agreement (if applicable);
(v) the processing fee referred to in Section 2(b) hereof and in Section 12.3.2 of the Credit Agreement shall have been paid to the Administrative Agent.; and
(vi) the Assignor shall have assigned and the Assignee shall have assumed a percentage equal to the Assignee's Percentage
(b) Promptly after following the execution of this AgreementAssignment and Assumption, the Assignor shall deliver to the Borrower [, the Issuing Bank] and the Administrative Agent (if applicable, for acknowledgment acknowledgement by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially 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 Agreement Assignment and Acceptance shall be __________, _____ (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(asubsection 10.08(a) of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, Assignment and Acceptance;
(iv) the Assignee shall have complied with subsection 9.10(a) of the Credit Agreement (if applicable); and
(ivv) the processing fee referred to in Section 2(b) hereof shall have been paid to the Administrative Agent.
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Company, and the Administrative Agent (if applicable, for acknowledgment acknowledgement by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially 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 Agreement Assignment and Acceptance shall be __________, ___200_ (the “Effective Date”"EFFECTIVE DATE"); provided PROVIDED that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;]
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(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 after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule SCHEDULE 1.
Appears in 1 contract
Sources: Credit Agreement (Applica Inc)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement 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 Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,, together with the Notes;
(ii) the consent of the Borrower and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a) 26 of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect effective as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance,
(iv) the processing fee referred to in Section 2(b) above and in Section 26 of the Credit Agreement shall have been paid to Agent; and
(v) the Administrative AgentAssignor shall have assigned and the Assignee shall have assumed a percentage equal to the Assignee's Percentage Share of the rights and obligations of the Assignor under the Credit Agreement (if such agreement exists).
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent Agent, a copy of this Assignment and the Borrower) a Notice of Assignment substantially in the form attached hereto as Schedule 1Acceptance.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Acceptance shall be __________, __199__ (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(iv) the Assignee shall have complied with Section 8.10 of the Credit Agreement (if applicable);
(v) the processing fee referred to in Section 2(b) hereof and in Section 10.8(a) of the Credit Agreement shall have been paid to the Administrative Agent; and
(vi) the Assignor shall have assigned and the Assignee shall have assumed a percentage equal to the Assignee's Percentage Share of the rights and obligations of the Assignor under the Credit Agreement (if such agreement exists).
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between a. If the Assignor and the Assigneefollowing conditions precedent have been satisfied prior to such date, the effective date for this Agreement shall be effective on ______________, _____ (the “"Assignment Effective Date”); provided that the following conditions precedent have been satisfied on or before the Effective Date:"):
(i) i. this Agreement shall be duly executed and delivered by the Assignor and the Assignee,;
ii. the Assignor and the Assignee shall have given five (ii5) Business Days advance written notice to the Agent and the Banks in the form set forth on Schedule II hereto; -
iii. any consent of the Borrower Company, the Agent and the Administrative Agent, if Issuing Bank required for an effective assignment of the Assigned Rights and Obligations Liabilities by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Assignment Effective Date,;
(iii) iv. the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, ; and
(iv) v. the processing or transfer fee referred to both in Section 2(b) of this Agreement and in Section 13.7(a) of the Credit Agreement shall have been paid to the Administrative Agent.
(b) b. Promptly after following the execution of this Agreement, the Assignor shall deliver to the Borrower Agent for acceptance and recording by the Agent the notices, agreements or other documents as may be required under the Credit Agreement and the Administrative Agent (if applicable, for acknowledgment by other Credit Documents in form and substance satisfactory to the Administrative Agent and the Borrower) a Notice of Assignment substantially in the form attached hereto as Schedule 1Agent.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Assumption shall be __________, ___199_ (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
: (i) this Agreement Assignment and Assumption shall be duly executed and delivered by the Assignor and the Assignee,
; (ii) the consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a) 10.8.1 of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,
; (iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, and
Assignment and Acceptance; (iv) the Assignee shall have complied with Section 10.8.1 of the Credit Agreement (if applicable); (v) the processing fee referred to in Section 2(b) hereof and in Section 10.8.1 of the Credit Agreement shall have been paid to the Administrative Agent; and (vi) the Assignor shall have assigned and the Assignee shall have assumed a percentage equal to the Assignee's Percentage Share of the rights and obligations of the Assignor under the Credit Agreement.
(b) Promptly after following the execution of this AgreementAssignment and Assumption, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1. 6.
Appears in 1 contract
Sources: Credit Agreement (Bedford Property Investors Inc/Md)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Acceptance shall be __________, _____ (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;]
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(iv) the Assignee shall have complied with Section ( ) of the Credit Agreement (if applicable);]
(v) the processing fee referred to in Section SECTION 2(b) hereof and in Section _____ of the Credit Agreement shall have been paid to the Administrative Agent.; and
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule SCHEDULE 1.
Appears in 1 contract
Sources: Loan, Guaranty and Security Agreement (Riddell Sports Inc)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Acceptance shall be __________, __199__ (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a) 10.08 of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance; [
(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 10.08(a) of the Credit Agreement shall have been paid to the Administrative Agent; and
(vi) the Assignor shall have assigned and the Assignee shall have assumed a percentage equal to the Assignee's Percentage Share of the rights and obligations of the Assignor under the Credit Agreement (if such agreement exists).
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment acknowledgement by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Credit Agreement (Longview Fibre Co)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Assumption shall be __________, __20__ (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
: (i) this Agreement Assignment and Assumption shall be duly executed and delivered by the Assignor and the Assignee,
; (ii) the consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a) 10.8.1 of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,
; (iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, and
Assignment and (iv) Acceptance; (v) the Assignee shall have complied with Section 10.8.1 of the Credit Agreement (if applicable); (vi) the processing fee referred to in Section 2(b) hereof and in Section 10.8.1 of the Credit Agreement shall have been paid to the Administrative Agent; and (vii) the Assignor shall have assigned and the Assignee shall have assumed a percentage equal to the Assignee's Percentage Share of the rights and obligations of the Assignor under the Credit Agreement.
(b) Promptly after following the execution of this AgreementAssignment and Assumption, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1. 6.
Appears in 1 contract
Sources: Credit Agreement (Bedford Property Investors Inc/Md)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Acceptance shall be __________, __20__ (the “Effective Date”); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower and the Administrative Agent, Agent (if necessary) required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(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 after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the The effective date for this Agreement shall be is __________, ____ (the “"Effective Date”"); provided provided, that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Company and the Administrative Agent, if Documentation Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;]
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, ; and
(iv) the processing fee referred to in Section 2(b) of this Agreement, and in Section 10.08(a) of the Credit Agreement shall have been paid by the [Assignor] [Assignee] to the Administrative Documentation Agent.
(b) Promptly after following the execution of this Agreement, the Assignor shall deliver to the Borrower Documentation Agent for acceptance and the Administrative Agent (if applicable, for acknowledgment recording by the Administrative Agent and Documentation Agent, such notices, agreements or other documents as may be required under the Borrower) a Notice of Assignment substantially in the form attached hereto as Schedule 1Credit Agreement.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Acceptance shall be __________, ____ (the “Effective Date”); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the any consent of Holdings, the Borrower L/C Issuer and the Administrative Agent, if Agent required for an effective assignment under Section 11.08 of the Assigned Rights and Obligations Credit Agreement for the effectiveness of the assignment hereunder by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(iv) the processing fee referred to in Section 2(b) hereof and in Section 11.08(a) of the Credit Agreement shall have been paid to the Administrative Agent; and
(v) the Assignor and Assignee shall have complied with the other requirements of Section 11.08 of the Credit Agreement and with the requirements of Section 10.10 and Section 11.09 of the Credit Agreement (in each case to the extent applicable).
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Holdings and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) acknowledgement a Notice of Assignment substantially 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 Agreement 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 Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower and the Administrative Agent, if Agent required for an effective assignment of the Term Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(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 after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to Foamex (on behalf of the Borrower Borrowers) and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially 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 Agreement Assignment and Acceptance shall be __________, __199__ (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a) 15.8 of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, Assignment and Acceptance; and
(iv) the processing fee referred to in Section 2(b) hereof and in Section 15.8 of the Credit 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 Share of the rights and obligations of the Assignor under the Credit Agreement (if such agreement exists).
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially 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 Agreement shall be __________, ____ (the “Effective Date”); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(ia) this Agreement shall be duly executed and delivered by the Assignor and the Assignee,;
(iib) the consent of the Borrower Agent and the Administrative Agent, if Swing Line Lender required for an effective assignment of [the Term Loan Assigned Rights and Obligations Amount] [and] [the Committed Assigned Amount] by the Assignor to the Assignee under Section 10.8(a12.08(a) of the Credit Agreement, if any, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iiic) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, and;
(ivd) the Assignee shall have complied with Section 4.05(f) of the Credit Agreement (if applicable);
(e) the processing fee referred to above and in Section 2(b12.08(b) of the Credit Agreement shall have been paid by [Assignor/Assignee] to the Administrative Agent.; and
(bf) Promptly after following the execution of this Agreement, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.Attachment A.
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement 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:
(ib) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(iic) the consent of the Borrower and the Administrative Agent, if Agent as required for an effective assignment of the Assigned Rights and Obligations Commitment Amount by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iiid) the written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Borrowers and Agent;
(e) Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(ivf) the processing fee referred to in Section 2(b) shall have been paid to the Administrative Agent.
(b) Promptly after promptly following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Borrowers and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1; and
(g) the parties hereto have received a written confirmation from Agent that the parties and transaction set forth herein have been recorded in the [Revolving][Term] Register.
Appears in 1 contract
Sources: Loan and Security Agreement (Remy International, Inc.)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Acceptance shall be ___________, _____ (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(iv) the processing fee referred to in Section 2(b) hereof and in Section 10.8(a) of the Credit 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 Applicable Percentage of the rights and obligations of the Assignor under the Credit Agreement (if such agreement exists).
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially 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 Agreement Assignment and Acceptance shall be __________, ____ (the “"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a) of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, andAssignment and Acceptance;
(iv) the Assignee shall have complied with Section 9.10(a) of the Credit Agreement (if applicable);
(v) the processing fee referred to in Section 2(b) hereof shall have been paid to the Administrative Agent; and
(vi) the Assignor shall have assigned and the Assignee shall have assumed a percentage equal to the Assignee's Percentage Share of the rights and obligations of the Assignor under the Credit Agreement.
(b) Promptly after following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Credit Agreement (National Surgery Centers Inc \De\)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Agreement Assignment and Acceptance shall be __________NOVEMBER 20, ____ 1997 (the “Effective the"Effective Date”"); provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Agreement Assignment and Acceptance shall be duly executed and delivered by the Assignor and the Assignee,;
(ii) the consent of the Borrower Company and the Administrative Agent, if Agent required for an effective assignment of the Assigned Rights and Obligations Amount by the Assignor to the Assignee under Section 10.8(a14.11(a) of the Credit Agreement, Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date,;
(iii) the Assignee shall pay to the Assignor all amounts due to the Assignor under this Agreement, Assignment and Acceptance; and
(iv) the processing fee referred to in Section 2(b2 (b) hereof and in Section 14.11 (a) of the Credit Agreement shall have been paid to the Administrative Agent.
(b) Promptly after Promptly, following the execution of this AgreementAssignment and Acceptance, the Assignor shall deliver to the Borrower Company and the Administrative Agent (if applicable, for acknowledgment by the Administrative Agent and the Borrower) Agent, a Notice of Assignment substantially in the form attached hereto as Schedule 1.
Appears in 1 contract
Sources: Assignment and Acceptance Agreement (Michael Foods Inc /Mn)