Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this 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 Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee; (ii) the consent of the Company and the Agent required for an effective assignment of the Assigned Amount by the Assignor to the Assignee under Section [ ](__) 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 Assignment 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 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 following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] and the Agent for acknowledgment by the Agent, a Notice of Assignment [substantially] in the form attached hereto as SCHEDULE 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT] (a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Agent by the Banks pursuant to the terms of the Credit Agreement. (b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Agreement.]
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, ___199__ (the "EFFECTIVE DATEEffective Date"); PROVIDED provided that the following conditions precedent have been -------------- -------- satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company Borrower and the Administrative Agent required for an effective assignment of the Assigned 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 Assignment 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 [ ](__10.8(a) of the Credit Agreement shall have been paid to the Administrative Agent; and
(viv) 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 following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] Borrower and the Administrative Agent for acknowledgment acknowledgement by the Administrative Agent, a Notice of Assignment [substantially] in the form attached hereto as SCHEDULE Schedule 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Agent by the Banks pursuant to the terms of the Credit Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Agreement.]----------
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, ___199__ (the "EFFECTIVE DATE"); PROVIDED that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company and the Agent required for an effective assignment of the Assigned Amount by the Assignor to the Assignee under Section [ ](__) 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 Assignment 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 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 following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] and the Agent for acknowledgment acknowledgement by the Agent, a Notice of Assignment [substantially] in the form attached hereto as SCHEDULE 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Agent by the Banks pursuant to the terms of the Credit Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Agreement.]
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 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 Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company and the Agent required for an effective assignment of the Assigned Amount by the Assignor to the Assignee under Section [ ](__SECTION 15.1(a) of the Credit 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 Assignment 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 [ ](SECTION 15.1 of the Loan Agreement in the amount of __) of the Credit Agreement _____________________ ($______), shall have been paid to the Agent; and
(viv) 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)Loan Agreement.
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] Borrower and the Agent for acknowledgment acknowledgement by the Agent, a Notice of Assignment [substantially] in the form attached hereto as SCHEDULE 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Agent by the Banks pursuant to the terms of the Credit Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Agreement.]EXHIBIT A-1, PAGE 3
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 Assignment and Acceptance shall be __________, _____, 200_ (the "EFFECTIVE DATEEffective Date"); PROVIDED that provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company and the Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee under Section [ ](__) of the Credit Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) the written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Borrower Agent and Agent;
(iv) Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance;
(iv) the Assignee shall have complied with Section [ ](__) of the Credit Agreement (if applicable);; and
(v) the processing fee referred to in Section 2(b) hereof and in Section [ ](__) of the Credit Agreement shall have been paid to the Agent; and
(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 following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] Borrower Agent and the Agent for acknowledgment by the Agent, a Notice of Assignment [substantially] in the form attached hereto as SCHEDULE Schedule 1. [6. AGENTAgent. [INCLUDE ONLY IF ASSIGNOR IS AN AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor in its capacity as Agent to take such action as agent on its behalf and to exercise such powers under the Credit Loan Agreement as are delegated to the Agent by the Banks Lenders pursuant to the terms of the Credit Loan Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Loan Agreement.]
Appears in 1 contract
Sources: Loan and Security Agreement (Perry Ellis International Inc)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this 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 Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company and the Agent Administrative Agent, if required for an effective assignment of the Assigned Amount Rights and Obligations by the Assignor to the Assignee under Section [ ](__11.8(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 Assignment and Acceptance;; and
(iv) the Assignee shall have complied with Section [ ](__) of the Credit Agreement (if applicable);
(v) the processing fee referred to in Section 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 following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] and the Agent Administrative Agent, for acknowledgment and consent by the Company and the Administrative Agent, a Notice of Assignment [substantially] substantially in the form attached hereto as SCHEDULE 1. [6. ADMINISTRATIVE AGENT. [INCLUDE ONLY IF ASSIGNOR IS ADMINISTRATIVE AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent Administrative Agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Administrative Agent by the Banks Lenders pursuant to the terms of the Credit Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Administrative Agent under the Credit Agreement.]
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, ____, 20__ (the "EFFECTIVE DATEEffective Date"); PROVIDED provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company Borrowers and the Administrative Agent required for an effective assignment of the Assigned Amount Amounts by the Assignor to the Assignee under Section [ ](__) 13.8 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 Assignment 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 [ ](__) 13.8 of the Credit Agreement shall have been paid to the Administrative Agent; and
(viv) 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 agreements exists).
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] Borrowers and the Administrative Agent for acknowledgment by the Administrative Agent, a Notice of Assignment [substantially] substantially in the form attached hereto as SCHEDULE Schedule 1. [SECTION 6. AGENT. ADMINISTRATIVE AGENT [INCLUDE ONLY IF ASSIGNOR IS ADMINISTRATIVE AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as administrative agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Administrative Agent by the Banks pursuant to the terms of the Credit Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Administrative Agent under the Credit Agreement.]
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, ___200__ (the "EFFECTIVE DATE"); PROVIDED that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company and the Agent required for an effective assignment of the Assigned Amount by the Assignor to the Assignee under Section [ ](__13.11(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 Assignment and Acceptance;; and
(iv) the Assignee shall have complied with Section [ ](__) of the Credit Agreement (if applicable);
(v) the processing fee referred to in Section 2(b) hereof and in Section [ ](__13.11(a) of the Credit Agreement shall have been paid to the 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 following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] and the Agent for acknowledgment acknowledgement by the Agent, a Notice of Assignment [substantially] substantially in the form attached hereto as SCHEDULE 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Agent by the Banks pursuant to the terms of the Credit Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Agreement.]
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, _____ 20 (the "EFFECTIVE DATEEffective Date"); PROVIDED provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be have been executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company Borrower, if needed, and the Administrative Agent required for an effective assignment of the Assigned Amount by the Assignor to the Assignee under Section [ ](__8.8(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 Assignment and Acceptance;
(iv) the Assignee shall have complied with Section [ ](__8.8(a) of the Credit Agreement (if applicable);
(v) the processing fee referred to in Section 2(b) hereof and in Section [ ](__8.8(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 Pro Rata Share of the rights and obligations of the Assignor with respect to the Loans and under the Credit Agreement (if such agreement exists).
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] Borrower and the Administrative Agent for acknowledgment by the Administrative Agent, a Notice of Assignment [substantially] substantially in the form attached hereto as SCHEDULE Schedule 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Agent by the Banks pursuant to the terms of the Credit Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Agreement.]Exhibit C-2
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, __20___ (the "EFFECTIVE DATE"“Effective Date”); PROVIDED that provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) if required, the consent of the Company and the Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee under Section [ ](__) of the Credit Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) if required, the consent of Administrative Borrower as required for an effective assignment of the Assigned Commitment Amount by Assignor to Assignee shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iv) written notice of such assignment, together with an executed copy of this Assignment and Acceptance and payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(v) Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance;; and
(iv) the Assignee shall have complied with Section [ ](__) of the Credit Agreement (if applicable);
(vvi) the processing fee referred to in Section 2(b) hereof and in Section [ ](__) of the Credit Agreement shall have been paid to the Agent; and
(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 following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] Administrative Borrower and the Agent for acknowledgment by the AgentAgent and (if its consent is required) Administrative Borrower, a Notice of Assignment [substantially] in the form attached hereto as SCHEDULE Schedule 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Agent by the Banks pursuant to the terms of the Credit Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Agreement.]
Appears in 1 contract
Sources: Loan and Security Agreement (Nci Building Systems Inc)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, ___20__ (the "EFFECTIVE DATEEffective Date"); PROVIDED provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the AssigneeAssignee and a copy shall have been delivered to Agent;
(ii) the consent of the Company Agent and the Agent Borrower (as applicable) required for an effective assignment of the Assigned Amount by the Assignor to the Assignee under Section [ ](__) of the Credit 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 Assignment and Acceptance;
(iv) the Assignee shall have complied with Section [ ](__) of all terms and conditions for such assignment and otherwise as set forth in the Credit Agreement (if applicable)Loan Agreement;
(v) the processing administrative fee referred to in Section 2(b) hereof and in Section [ ](__) 12.8.4 of the Credit Loan Agreement shall have been paid to the Agent; and
(vi) the Assignor shall have assigned and the Assignee shall have assumed a percentage equal to the Assignee's Percentage Pro Rata Share of the rights and obligations of the Assignor under the Credit Agreement (if such agreement exists).
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] and the Agent for acknowledgment by the Agent, a Notice of Assignment [substantially] in the form attached hereto as SCHEDULE 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Agent by the Banks pursuant to the terms of the Credit Loan Agreement.
(b) The Assignee Notwithstanding the foregoing, the Effective Date of this Assignment and Acceptance shall assume no duties or obligations held by not be earlier than five (5) Business Days after the Assignor in its capacity date on which Agent receives a copy of the Assignment and Acceptance as Agent under the Credit Agreementset forth above.]
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, ____, 20__ (the "EFFECTIVE DATEEffective Date"); PROVIDED provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company Borrowers and the Administrative Agent required for an effective assignment of the Assigned Amount by the Assignor to the Assignee under Section [ ](__) 13.8 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 Assignment 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 [ ](__) 13.8 of the Credit Agreement shall have been paid to the Administrative Agent; and
(viv) 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 agreements exists).
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] Borrowers and the Administrative Agent for acknowledgment by the Administrative Agent, a Notice of Assignment [substantially] substantially in the form attached hereto as SCHEDULE Schedule 1. [SECTION 6. AGENT. ADMINISTRATIVE AGENT [INCLUDE ONLY IF ASSIGNOR IS ADMINISTRATIVE AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as administrative agent on its behalf and to exercise such powers under the Credit Agreement as are -3- 106 delegated to the Administrative Agent by the Banks pursuant to the terms of the Credit Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Administrative Agent under the Credit Agreement.]
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, _____ 200 (the "EFFECTIVE DATE"“Effective Date”); PROVIDED that provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company and the Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee under Section [ ](__) of the Credit Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) the written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Borrower and Agent;
(iv) Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance;
(iv) the Assignee shall have complied with Section [ ](__) of the Credit Agreement (if applicable);; and
(v) the processing fee referred to in Section 2(b) hereof and in Section [ ](__) of the Credit Agreement shall have been paid to the Agent; and
(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 following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] Borrower and the Agent for acknowledgment by the Agent, a Notice of Assignment [substantially] in the form attached hereto as SCHEDULE Schedule 1. [6. AGENTAgent. [INCLUDE ONLY IF ASSIGNOR IS AN AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor in its capacity as Agent to take such action as agent on its behalf and to exercise such powers under the Credit Loan Agreement as are delegated to the Agent by the Banks Lenders pursuant to the terms of the Credit Loan Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Loan Agreement.]
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, ____200_ (the "EFFECTIVE DATE"“Effective Date”); PROVIDED that provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company and the Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee under Section [ ](__) of the Credit Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) the written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Borrower and Agent;
(iv) Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance;
(iv) the Assignee shall have complied with Section [ ](__) of the Credit Agreement (if applicable);; and
(v) the processing fee referred to in Section 2(b) hereof and in Section [ ](__) of the Credit Agreement shall have been paid to the Agent; and
(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 following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] Borrower and the Agent for acknowledgment by the Agent, a Notice of Assignment [substantially] in the form attached hereto as SCHEDULE Schedule 1. [6. AGENTAgent. [INCLUDE ONLY IF ASSIGNOR IS AN AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor in its capacity as Agent to take such action as agent on its behalf and to exercise such powers under the Credit Loan Agreement as are delegated to the Agent by the Banks Lenders pursuant to the terms of the Credit Loan Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Loan Agreement.]
Appears in 1 contract
Sources: Loan and Security Agreement (Reptron Electronics Inc)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, _____, 200_ (the "EFFECTIVE DATE"); PROVIDED that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and each Assignee Party and shall be recorded in the AssigneeRegister maintained by First Lien Agent;
(ii) the consent of First Lien Agent (and so long as no Event of Default or event of default shall have occurred and be continuing, the Company and consent of [Administrative Borrower (as defined in the Agent First Lien Financing Agreement)]) as required for an effective assignment of the Assigned Amount Obligations [and Assigned Commitment] by the Assignor to the Assignee under Section [ ](__) of the Credit Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) the written notice of such assignment, together with payment instructions, addresses and related information with respect to each Assignee Party, shall have been given to Borrower and First Lien Agent;
(iv) each Assignee Party shall pay to the Assignor all amounts due to the Assignor from such Assignee Party under this Assignment and Acceptance;
(iv) the Assignee shall have complied with Section [ ](__) of the Credit Agreement (if applicable);; and
(v) the processing fee referred each Assignee Party shall furnish cash collateral to First Lien Agent in Section 2(b) hereof and in Section [ ](__) of the Credit Agreement shall have been paid an amount equal to the Agent; andsuch Assignee Party's Pro Rata Share.
(vi) Assignee shall reimburse First Lien Agent and Assignor from time to time for any documented expense (including reasonable attorneys' fees and legal expenses) in connection with any commissions, fees, costs or expenses related to any checks or other payments provisionally credited to the Assigned Obligations [and Assigned Commitment] assigned hereby as to which the Assignor shall have assigned and the Assignee shall have assumed a percentage equal has not yet received final payment, to the Assignee's Percentage Share of the rights extent not previously paid by Debtor and obligations of the Assignor under the Credit Agreement (if such agreement exists)Guarantors.
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [Borrower and First Lien Agent, the Issuing Bank] and the Agent for acknowledgment by the First Lien Agent, a Notice of Assignment [substantially] in the form attached hereto as SCHEDULE 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Agent by the Banks pursuant to the terms of the Credit Agreement2.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Agreement.]
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, _____ 2000 (the "EFFECTIVE DATEEffective Date"); PROVIDED -------------- provided that the following conditions precedent have been satisfied on or -------- before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of all of the Company Borrowers and the Administrative Agent required for an effective assignment of the Assigned 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 Assignment 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 [ ](__10.8(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 following the execution of this Assignment and Acceptance, the Assignor shall deliver to each of the Company [, the Issuing Bank] Borrowers and the Administrative Agent for acknowledgment by the Administrative Agent, a Notice of Assignment [substantially] substantially in the form attached hereto as SCHEDULE Schedule 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Agent by the Banks pursuant to the terms of the Credit Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Agreement.]----------
Appears in 1 contract
Sources: Credit Agreement (Apw LTD)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, _____, 200_ (the "EFFECTIVE DATE"“Effective Date”); PROVIDED that provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company and the Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee under Section [ ](__) of the Credit Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) the written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Borrower and Agent;
(iv) Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance;
(iv) the Assignee shall have complied with Section [ ](__) of the Credit Agreement (if applicable);; and
(v) the processing fee referred to in Section 2(b) hereof and in Section [ ](__) of the Credit Agreement shall have been paid to the Agent; and
(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 following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] Borrower and the Agent for acknowledgment by the Agent, a Notice of Assignment [substantially] in the form attached hereto as SCHEDULE Schedule 1. [6. AGENTAgent. [INCLUDE ONLY IF ASSIGNOR IS AN AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor in its capacity as Agent to take such action as agent on its behalf and to exercise such powers under the Credit Loan Agreement as are delegated to the Agent by the Banks Lenders pursuant to the terms of the Credit Loan Agreement.. Table of Contents
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Loan Agreement.]
Appears in 1 contract
Sources: Loan and Security Agreement (Reptron Electronics Inc)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be ____________, _____ (the "EFFECTIVE DATEEffective --------- Date"); PROVIDED provided that the following conditions precedent have been satisfied on -------- or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company and Issuing Lender, the Agent and each Credit Party required for an effective assignment of the Assigned Amount by the Assignor to the Assignee under Section [ ](__11.08(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 Assignment and Acceptance;
(iv) the Assignee shall have complied with Section [ ](__) 11.08 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 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 following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] and the Agent for acknowledgment by the Agent, a Notice of Assignment [substantially] substantially in the form attached hereto as SCHEDULE Schedule 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Agent by the Banks pursuant to the terms of the Credit Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Agreement.]----------
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, ___199__ (the "EFFECTIVE DATEEffective Date"); PROVIDED provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company [, the Issuing Bank] and the Agent required for an effective assignment of the Assigned Amount by the Assignor to the Assignee under Section [ ](__13.8(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 Assignment and Acceptance;
(iv) the Assignee shall have complied with Section [ ](__13.8(1) of the Credit Agreement (if applicable);
(v) the processing fee referred to in Section 2(b) hereof and in Section [ ](__13.8(a) of the Credit Agreement shall have been paid to the 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 following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] and the Agent for acknowledgment acknowledgement by the Agent, a Notice of Assignment [substantially] in the form attached hereto as SCHEDULE Schedule 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Agent by the Banks pursuant to the terms of the Credit Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Agreement.]
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, ___199__ (the "EFFECTIVE DATE"); PROVIDED that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company Borrower, the Issuing Bank and the Agent required for an effective assignment of the Assigned Amount by the Assignor to the Assignee under Section [ ](__11.08(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 Assignment 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 [ ](__11.08(a) of the Credit Agreement shall have been paid to the Agent; and
(viv) 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 following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [Borrower, the Issuing Bank] Banks and the Agent for acknowledgment acknowledgement by the Agent, a Notice of Assignment [substantially] substantially in the form attached hereto as SCHEDULE 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Agent by the Banks pursuant to the terms of the Credit Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Agreement.]
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, _____ (the "EFFECTIVE DATE"); PROVIDED that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company Company, each Alternate Currency Lender, each Alternate Currency LC Issuer and the Agent Agent, if required for an effective assignment of the Assigned Amount Rights and Obligations by the Assignor to the Assignee under Section [ ](__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 Assignment and Acceptance;
; and (iv) the Assignee shall have complied with Section [ ](__) of the Credit Agreement (if applicable);
(v) the processing fee referred to in Section SECTION 2(b) hereof and in Section [ ](__) of the Credit Agreement shall have been paid to the 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 following the execution of this Assignment and Acceptance, the Assignor shall deliver (i) to each Alternate Currency Lender, each Alternate Currency LC Issuer, the Company [, the Issuing Bank] and the Agent Agent, for acknowledgment acknowledgement by the Agentsuch parties, a Notice of Assignment [substantially] substantially in the form attached hereto as SCHEDULE 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT]
1 and (aii) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Agent by the Banks pursuant any Note or Notes subject to the terms of the Credit Agreementassignment contemplated hereby.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Agreement.]
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, [199_____ ] [200 ] (the "EFFECTIVE DATEEffective Date"); PROVIDED provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company and the Administrative Agent if required for an effective assignment of the Assigned Amount by the Assignor to the Assignee under Section [ ](__11.8(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 Assignment and Acceptance;
(iv) the Assignee shall have complied with Section [ ](__) 11.10 of the Credit Agreement (if applicable);
(v) 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
(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 following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] and the Administrative Agent for acknowledgment by the Agent, Administrative Agent and the Company a Notice of Assignment [substantially] substantially in the form attached hereto as SCHEDULE Schedule 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Agent by the Banks pursuant to the terms of the Credit Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Agreement.]
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be ____________, _____ (the "EFFECTIVE DATE"); PROVIDED that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent consents of the Company Administrative Agent and the Agent Company, to the extent required for an effective assignment of the Assigned Amount by the Assignor to the Assignee under Section [ ](__11.08(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 Assignment and Acceptance;
(iv) the Assignee shall have complied with Section [ ](__) 11.08 of the Credit Agreement (if applicable);
(v) the processing fee referred to in Section SECTION 2(b) hereof and in Section [ ](__11.08(a) of the Credit Agreement shall have been paid to the Administrative Agent, if required; 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 following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] and the Administrative Agent for acknowledgment by the Administrative Agent, a Notice of Assignment [substantially] substantially in the form attached hereto as SCHEDULE 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Agent by the Banks pursuant to the terms of the Credit Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Agreement.]
Appears in 1 contract
Sources: Credit Agreement (Regis Corp)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, _____, 200_ (the "EFFECTIVE DATE"“Effective Date”); PROVIDED that provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company and the Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee under Section [ ](__) of the Credit Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) the written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance;
(iv) the Assignee shall have complied with Section [ ](__) of the Credit Agreement (if applicable);; and
(v) the processing fee referred to in Section 2(b) hereof and in Section [ ](__) of the Credit Agreement shall have been paid to the Agent; and
(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 following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] Administrative Borrower and the Agent for acknowledgment by the Agent, a Notice of Assignment [substantially] in the form attached hereto as SCHEDULE Schedule 1. [6. AGENTAgent. [INCLUDE ONLY IF ASSIGNOR IS AN AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor in its capacity as Agent to take such action as agent on its behalf and to exercise such powers under the Credit Loan Agreement as are delegated to the Agent by the Banks Lenders pursuant to the terms of the Credit Loan Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Loan Agreement.]
Appears in 1 contract
Sources: Loan and Security Agreement (Atlantic Express Transportation Corp)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, ___199__ (the "EFFECTIVE DATEEffective Date"); PROVIDED -------------- provided that the following conditions precedent have been satisfied on or -------- before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company Company, the Issuing Bank and the Agent required for an effective assignment of the Assigned Amount by the Assignor to the Assignee under Section [ ](__) 11.08 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 Assignment and Acceptance;
(iv) the Assignee shall have complied with Section [ ](__) 11.08 of the Credit Agreement (if applicable);
(v) 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 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 following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [Company, the Issuing Bank] Bank and the Agent for acknowledgment by the Agent, a Notice of Assignment [substantially] substantially in the form attached hereto as SCHEDULE Schedule 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Agent by the Banks pursuant to the terms of the Credit Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Agreement.]----------
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be ___________, _____ (the "EFFECTIVE DATEEffective Date"); PROVIDED provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company Borrower and the Administrative Agent required for an effective assignment of the Assigned 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 Assignment 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 [ ](__10.8(a) of the Credit Agreement shall have been paid to the Administrative Agent; and
(viv) the Assignor shall have assigned and the Assignee shall have assumed a percentage equal to the Assignee's Applicable Percentage Share of the rights and obligations of the Assignor under the Credit Agreement (if such agreement exists).
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] Borrower and the Administrative Agent for acknowledgment by the Administrative Agent, a Notice of Assignment [substantially] in the form attached hereto as SCHEDULE Schedule 1. [6. AGENTAdministrative Agent. [INCLUDE ONLY IF ASSIGNOR IS ADMINISTRATIVE AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Administrative Agent by the Banks Lenders pursuant to the terms of the Credit Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Administrative Agent under the Credit Agreement.]
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be ___________, _____ (the "EFFECTIVE DATEEffective Date"); PROVIDED provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company and the Agent required for an effective assignment of the Assigned Amount by the Assignor to the Assignee under Section [ ](__) 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 Assignment and Acceptance;
(iv) the Assignee shall have complied with Section [ ](__) 13.3 of the Credit Agreement (if applicable);Term Loan and Security Agreement; and
(v) the processing fee referred to in Section 2(b) hereof and in Section [ ](__13.3(a) of the Credit Term Loan and Security Agreement shall have been paid to the 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 following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] Borrower and the Agent for acknowledgment by the Agent, a Notice of Assignment [substantially] in the form attached hereto as SCHEDULE Schedule 1. [6. AGENTAgent. [INCLUDE ONLY IF ASSIGNOR IS AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Term Loan and Security Agreement as are delegated to the Agent by the Banks Lenders pursuant to the terms of the Credit Term Loan and Security Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Term Loan and Security Agreement.]
Appears in 1 contract
Sources: Term Loan and Security Agreement (LDM Technologies Inc)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, _____, 200_ (the "EFFECTIVE DATE"); PROVIDED that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and each Assignee Party and shall be recorded in the AssigneeRegister maintained by First Lien Agent;
(ii) the consent of First Lien Agent (and so long as no Event of Default or event of default shall have occurred and be continuing, the Company and consent of [Administrative Borrower (as defined in the Agent First Lien Financing Agreement)]) as required for an effective assignment of the Assigned Amount Obligations [and Assigned Commitment] by the Assignor to the Assignee under Section [ ](__) of the Credit Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) the written notice of such assignment, together with payment instructions, addresses and related information with respect to each Assignee Party, shall have been given to Borrower and First Lien Agent;
(iv) each Assignee Party shall pay to the Assignor all amounts due to the Assignor from such Assignee Party under this Assignment and Acceptance;
(iv) the Assignee shall have complied with Section [ ](__) of the Credit Agreement (if applicable);; and
(v) each Assignee Party shall furnish cash collateral to First Lien Agent in an amount equal to the processing fee referred product of (x) such Assignee Party's Pro Rata Share and (y) such amount as First Lien Agent determines is reasonably necessary to secure First Lien Agent and Assignor in Section 2(bconnection with any issued and outstanding Letter of Credit Accommodations (as defined in the First Lien Financing Agreement) hereof and but not in Section [ ](__) any event in an amount greater than 105% of the aggregate undrawn face amount of such Letter of Credit Agreement shall have been Accommodations (any excess cash collateral for a Letter of Credit Accommodations remaining after the expiration or termination thereof to be promptly paid over to the Second Lien Agent; and).
(vi) Assignee shall reimburse First Lien Agent and Assignor from time to time for any documented expense (including reasonable attorneys' fees and legal expenses) in connection with any commissions, fees, costs or expenses related to any checks or other payments provisionally credited to the Assigned Obligations [and Assigned Commitment] assigned hereby as to which the Assignor shall have assigned and the Assignee shall have assumed a percentage equal has not yet received final payment, to the Assignee's Percentage Share of the rights extent not previously paid by Debtor and obligations of the Assignor under the Credit Agreement (if such agreement exists)Guarantors.
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [Borrower and First Lien Agent, the Issuing Bank] and the Agent for acknowledgment by the First Lien Agent, a Notice of Assignment [substantially] in the form attached hereto as SCHEDULE 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Agent by the Banks pursuant to the terms of the Credit Agreement2.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Agreement.]
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, ____200_ (the "EFFECTIVE DATE"“Effective Date”); PROVIDED that provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company and the Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee under Section [ ](__) of the Credit Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) the written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Borrower Agent and Agent;
(iv) Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance;
(iv) the Assignee shall have complied with Section [ ](__) of the Credit Agreement (if applicable);; and
(v) the processing fee referred to in Section 2(b) hereof and in Section [ ](__) of the Credit Agreement shall have been paid to the Agent; and
(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 following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] Borrower Agent and the Agent for acknowledgment by the Agent, a Notice of Assignment [substantially] in the form attached hereto as SCHEDULE Schedule 1. [6. AGENTAgent. [INCLUDE ONLY IF ASSIGNOR IS AN AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor in its capacity as Agent to take such action as agent on its behalf and to exercise such powers under the Credit Loan Agreement as are delegated to the Agent by the Banks Lenders pursuant to the terms of the Credit Loan Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Loan Agreement.]
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, _____ (the "EFFECTIVE DATEEffective --------- Date"); PROVIDED provided that the following conditions precedent have been satisfied on -------- or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company Borrower and the Agent required for an effective assignment of the Assigned Amount by the Assignor to the Assignee under Section [ ](__) 10.11 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 Assignment and Acceptance;
(iv) the Assignee shall have complied with Section [ ](__3.3(b) of the Credit Agreement (if applicable);]
(v) the processing fee referred to in Section 2(b) hereof and in Section [ ](__) 10.11 of the Credit Agreement shall have been paid to the 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)Agreement.
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] Borrower and the Agent for acknowledgment by the Agent, a Notice of Assignment [substantially] substantially in the form attached hereto as SCHEDULE Schedule 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Agent by the Banks pursuant to the terms of the Credit Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Agreement.]----------
Appears in 1 contract
Sources: Credit Agreement (Aptargroup Inc)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be [__________, _____ ] (the "EFFECTIVE DATE"“Effective Date”); PROVIDED that provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) if required, the consent of the Company Agent and the Agent Administrative Borrower as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee under Section [ ](__) of the Credit Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) the written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent;
(iv) Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance;
(iv) the Assignee shall have complied with Section [ ](__) of the Credit Agreement (if applicable);; and
(v) the processing fee referred to in Section 2(b) hereof and in Section [ ](__) of the Credit Agreement shall have been paid to the Agent; and
(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 following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] Administrative Borrower and the Agent for acknowledgment by the Agent, a Notice of Assignment [substantially] in the form attached hereto as SCHEDULE Schedule 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AN AGENT]] Agent.
(a) The Assignee hereby appoints and authorizes the Assignor in its capacity as Agent to take such action as agent on its behalf and to exercise such powers under the Credit Loan Agreement as are delegated to the Agent by the Banks Lenders pursuant to the terms of the Credit Loan Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Loan Agreement.]
Appears in 1 contract
Sources: Loan and Security Agreement (Louisiana-Pacific Corp)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, _____ (the "EFFECTIVE DATEEffective Date"); PROVIDED -------------- provided that the following conditions precedent have been satisfied on or -------- before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company Borrower, the Administrative Agent and the Agent LC Issuer required for an effective assignment of the Assigned Amount by the Assignor to the Assignee under Section [ ](__11.8(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 Assignment 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 [ ](__11.8(a) of the Credit Agreement shall have been paid to the Administrative Agent; and
(viv) 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 following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] Borrower and the Administrative Agent for acknowledgment by the Administrative Agent, a Notice of Assignment [substantially] in the form attached hereto as SCHEDULE Schedule 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Agent by the Banks pursuant to the terms of the Credit Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Agreement.]----------
Appears in 1 contract
Effective Date; Notices. (ai) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, _____ 200 (the "EFFECTIVE DATE"“Effective Date”); PROVIDED that provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) 1. this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) 2. the consent of the Company and the Agent as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee under Section [ ](__) of the Credit Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) the 3. written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Borrower and Agent; and
4. Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance;
(iv) the Assignee shall have complied with Section [ ](__) of the Credit Agreement (if applicable);
(v) the processing fee referred to in Section 2(b) hereof and in Section [ ](__) of the Credit Agreement shall have been paid to the Agent; and
(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).
(bii) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] Borrower and the Agent for acknowledgment by the Agent, a Notice of Assignment [substantially] in the form attached hereto as SCHEDULE Schedule 1. [6. AGENTvi) Agent. [INCLUDE ONLY IF ASSIGNOR IS AN AGENT]
(ai) The Assignee hereby appoints and authorizes the Assignor in its capacity as Agent to take such action as agent on its behalf and to exercise such powers under the Credit Loan Agreement as are delegated to the Agent by the Banks Lenders pursuant to the terms of the Credit Loan Agreement.
(bii) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Loan Agreement.]
Appears in 1 contract
Sources: Assignment and Acceptance Agreement (Aep Industries Inc)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, ___20__ (the "EFFECTIVE DATE"“Effective Date”); PROVIDED provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the AssigneeAssignee and a copy shall have been delivered to Administrative Agent;
(ii) the consent of the Company Administrative Agent and the Agent Borrower (as applicable) required for an effective assignment of the Assigned Amount by the Assignor to the Assignee under Section [ ](__) 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 Assignment and Acceptance;
(iv) the Assignee shall have complied with Section [ ](__) of all terms and conditions for such assignment and otherwise as set forth in the Credit Agreement (if applicable)Agreement;
(v) the processing administrative fee referred to in Section 2(b) hereof and in Section [ ](__) 12.8.4 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 ’s Pro Rata Share of the rights and obligations of the Assignor under the Credit Agreement (if such agreement exists).
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] and the Agent for acknowledgment by the Agent, a Notice of Assignment [substantially] in the form attached hereto as SCHEDULE 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Agent by the Banks pursuant to the terms of the Credit Agreement.
(b) The Assignee Notwithstanding the foregoing, the Effective Date of this Assignment and Acceptance shall assume no duties or obligations held by not be earlier than five (5) Business Days after the Assignor in its capacity date on which Administrative Agent receives a copy of the Assignment and Acceptance as Agent under the Credit Agreementset forth above.]
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, ____, 200__ (the "EFFECTIVE DATEEffective Date"); PROVIDED provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company Parent and the Administrative Agent required for an effective assignment of the Assigned Amount by the Assignor to the Assignee under Section [ ](__) 12.8 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 Assignment 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 [ ](__) 12.8 of the Credit Agreement shall have been paid to the Administrative Agent; and
(viv) 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 agreements exists).
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] Parent and the Administrative Agent for acknowledgment by the Administrative Agent, a Notice of Assignment [substantially] substantially in the form attached hereto as SCHEDULE Schedule 1. [SECTION 6. AGENT. ADMINISTRATIVE AGENT [INCLUDE ONLY IF ASSIGNOR IS ADMINISTRATIVE AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as administrative agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Administrative Agent by the Banks pursuant to the terms of the Credit Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Administrative Agent under the Credit Agreement.]
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance Assumption shall be __________, _____ [ ] (the "EFFECTIVE DATE"“Effective Date”); PROVIDED that provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance Assumption shall be executed and delivered by the Assignor and the Assignee;
(ii) if required, the consent of the Company Administrative Agent and the Agent Administrative Borrower as required for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee under Section [ ](__) of the Credit Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and the Administrative Agent;
(iv) Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance;
(iv) the Assignee shall have complied with Section [ ](__) of the Credit Agreement (if applicable);Assumption; and
(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 following the execution of this Assignment and AcceptanceAssumption, the Assignor shall deliver to the Company [, the Issuing Bank] Administrative Borrower and the Administrative Agent for acknowledgment by the Administrative Agent, a Notice of Assignment [substantially] in the form attached hereto as SCHEDULE 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT]Schedule I.
(a) The Assignee hereby appoints and authorizes Assignor in its capacity as the Assignor Administrative Agent to take such action as agent on its behalf and to exercise such powers under the Credit Loan Agreement as are delegated to the Administrative Agent by the Banks Lenders pursuant to the terms of the Credit Loan Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as the Administrative Agent under the Credit Loan Agreement.]
Appears in 1 contract
Sources: Loan and Security Agreement (Mohawk Industries Inc)
Effective Date; Notices. (a1) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, _____, 200_ (the "EFFECTIVE DATEEffective Date"); PROVIDED that provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(ia) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(iib) the consent of the Company and the Agent required Agent, as required, for an effective assignment of the Assigned Commitment Amount by the Assignor to the Assignee under Section [ ](__) of the Credit Agreement shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iiic) the written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Borrowers' Agent and Agent; and
d) Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance;
(iv) the Assignee shall have complied with Section [ ](__) of the Credit Agreement (if applicable);
(v) the processing fee referred to in Section 2(b) hereof and in Section [ ](__) of the Credit Agreement shall have been paid to the Agent; and
(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).
(b2) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] Borrowers' Agent and the Agent for acknowledgment by the Agent, a Notice of Assignment [substantially] in the form attached hereto as SCHEDULE Schedule 1. [6. AGENT(f) Agent. [INCLUDE ONLY IF ASSIGNOR IS AN AGENT]
(a1) The Assignee hereby appoints and authorizes the Assignor in its capacity as Agent to take such action as agent on its behalf and to exercise such powers under the Credit Loan Agreement as are delegated to the Agent by the Banks Lenders pursuant to the terms of the Credit Loan Agreement.
(b2) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Loan Agreement.]
Appears in 1 contract
Effective Date; Notices. (a) 5.1 As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, ____, 199_ (the "EFFECTIVE DATEEffective --------- Date"); PROVIDED provided that the following conditions precedent have been satisfied on ---- or before the Effective Date:
(ia) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(iib) the consent of the Company Borrower and the Administrative Agent required for an effective assignment of the Assigned Amount by the Assignor to the Assignee under Section [ ](__) 10.6.1 of the Credit Loan Agreement 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 Assignment and Acceptance;
(ivd) the Assignee shall have complied with Section [ ](__) 10.6.1 of the Credit Loan -------------- Agreement (if applicable);
(ve) the processing fee referred to in Section 2(b) 2.2 hereof and in Section [ ](__) ----------- -------
10.6.1 of the Credit Loan Agreement shall have been paid to the Administrative Agent; ------ and
(vif) 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 Loan Agreement (if such agreement exists)and the Co-Lender Agreement.
(b) 5.2 Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] Borrower and the Administrative Agent for acknowledgment by the Administrative Agent, a Notice of Assignment [substantially] in the form attached hereto as SCHEDULE Schedule 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Agent by the Banks pursuant to the terms of the Credit Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Agreement.]----------
Appears in 1 contract
Sources: Line of Credit Loan Agreement (Catellus Development Corp)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this 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 Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company and the Agent required for an effective assignment of the Assigned Amount by the Assignor to the Assignee under Section [ ](__) 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 Assignment 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 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 following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] and the Agent for acknowledgment by the Agent, a Notice of Assignment [substantially] in the form attached hereto as SCHEDULE 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Agent by the Banks pursuant to the terms of the Credit Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Agreement.]
Appears in 1 contract
Sources: Revolving Credit Agreement (Castle & Cooke Inc/Hi/)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be _____________, _____ (the "EFFECTIVE DATEEffective Date"); PROVIDED provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company Company, the Issuing Bank (if applicable) and the Agent required for an effective assignment of the Assigned Amount by the Assignor to the Assignee under Section [ ](__subsection 11.08(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 Assignment and Acceptance;
(iv) the Assignee shall have complied with Section [ ](__) of the Credit Agreement (if applicable);
(v) the processing fee referred to in Section subsection 2(b) hereof and in Section [ ](__subsection 11.08(a) of the Credit Agreement shall have been paid to the Agent; and
(viv) 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 following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [Company, the Issuing Bank] Bank (if applicable) and the Agent for acknowledgment by the Agent, a Notice of Assignment [substantially] substantially in the form attached hereto as SCHEDULE Schedule 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Agent by the Banks pursuant to the terms of the Credit Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Agreement.]
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, _____ (the [199__/][200__](the "EFFECTIVE DATE"); PROVIDED provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company Company, the Issuing Bank and the Agent required for an effective assignment of the Assigned Amount by the Assignor to the Assignee under Section [ ](__) 11.08 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 Assignment and Acceptance;
(iv) the Assignee shall have complied with Section [ ](__) 11.08 of the Credit Agreement (if applicable);
(v) 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 Agent; and
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 following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [Company, the Issuing Bank] Bank and the Agent for acknowledgment by the Agent, a Notice of Assignment [substantially] substantially in the form attached hereto as SCHEDULE Schedule 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Agent by the Banks pursuant to the terms of the Credit Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Agreement.]
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance (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 Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company and the Agent required for an effective assignment of the Assigned Amount by the Assignor to the Assignee under Section [ ](__15.1(a) of the Credit 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 Assignment 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 [ ](15.1 of the Loan Agreement in the amount of __) of the Credit Agreement _____________________ ($______), shall have been paid to the Agent; and
(viv) 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)Loan Agreement.
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] Borrower and the Agent for acknowledgment by the Agent, a Notice of Assignment [substantially] in the form attached hereto as SCHEDULE 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Agent by the Banks pursuant to the terms of the Credit Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Agreement.]
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, ___199__ (the "EFFECTIVE DATE"); PROVIDED that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company and the Agent required for an effective assignment of the Assigned Amount by the Assignor to the Assignee under Section [ ](__) 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 Assignment 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 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 following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] and the Agent for acknowledgment acknowledgement by the Agent, a Notice of Assignment [substantially] in the form attached hereto as SCHEDULE 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Agent by the Banks pursuant to the terms of the Credit Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Agreement.]
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, _____ 20 (the "EFFECTIVE DATE"“Effective Date”); PROVIDED that provided, that, the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) if required pursuant to the terms of the Loan Agreement, the consent of the Company Agent, Term Loan B Agent or Term Loan B-1 Agent, as applicable, and the Agent required for an effective assignment of the Assigned Amount by the Assignor to the Assignee under Section [ ](__) of the Credit Agreement Administrative Borrower shall have been duly obtained and shall be in full force and effect as of the Effective Date;
(iii) if required pursuant to the terms of the Loan Agreement, written notice of such assignment, together with payment instructions, addresses and related information with respect to Assignee, shall have been given to Administrative Borrower and Agent (and, in the case of an assignment with respect to the Term Loan B Commitments or the Term Loan B-1 Commitments, to Term Loan B Agent or Term Loan B-1 Agent, as applicable);
(iv) Assignee shall pay to the Assignor all amounts due to the Assignor under this Assignment and Acceptance;
(iv) ; and if required pursuant to the Assignee shall have complied with Section [ ](__) terms of the Credit Agreement (if applicable);
(v) Loan Agreement, the processing fee referred to in Section 2(b) hereof and in Section [ ](__) of the Credit Agreement shall have been paid to the Agent; and
(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 If required pursuant to the terms of the Loan Agreement, promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] Administrative Borrower and the Agent for acknowledgment by the Agent, a Notice of Assignment [substantially] in the form attached hereto as SCHEDULE Schedule 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Agent by the Banks pursuant to the terms of the Credit Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Agreement.]
Appears in 1 contract
Sources: Loan and Security Agreement (Spirit Realty Capital, Inc.)
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, ___20__ (the "EFFECTIVE DATE"“Effective Date”); PROVIDED provided that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the AssigneeAssignee and a copy shall have been delivered to Agent;
(ii) the consent of the Company Agent and the Agent Borrower (as applicable) required for an effective assignment of the Assigned Amount by the Assignor to the Assignee under Section [ ](__) of the Credit 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 Assignment and Acceptance;
(iv) the Assignee shall have complied with Section [ ](__) of all terms and conditions for such assignment and otherwise as set forth in the Credit Agreement (if applicable)Loan Agreement;
(v) the processing administrative fee referred to in Section 2(b) hereof and in Section [ ](__) 12.8.4 of the Credit Loan Agreement shall have been paid to the Agent; and
(vi) the Assignor shall have assigned and the Assignee shall have assumed a percentage equal to the Assignee's Percentage ’s Pro Rata Share of the rights and obligations of the Assignor under the Credit Agreement (if such agreement exists).
(b) Promptly following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] and the Agent for acknowledgment by the Agent, a Notice of Assignment [substantially] in the form attached hereto as SCHEDULE 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Agent by the Banks pursuant to the terms of the Credit Loan Agreement.
(b) The Assignee Notwithstanding the foregoing, the Effective Date of this Assignment and Acceptance shall assume no duties or obligations held by not be earlier than five (5) Business Days after the Assignor in its capacity date on which Agent receives a copy of the Assignment and Acceptance as Agent under the Credit Agreementset forth above.]
Appears in 1 contract
Effective Date; Notices. (a) As between the Assignor and the Assignee, the effective date for this Assignment and Acceptance shall be __________, _____ , 1999 (the "EFFECTIVE DATE"); } PROVIDED that the following conditions precedent have been satisfied on or before the Effective Date:
(i) this Assignment and Acceptance shall be executed and delivered by the Assignor and the Assignee;
(ii) the consent of the Company and the Agent required for an effective assignment of the Assigned Amount by the Assignor to the Assignee under Section [ ](__) 10.8 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 Assignment and Acceptance;
(iv) the Assignee shall have complied with Section [ ](__) 10.8 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 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 following the execution of this Assignment and Acceptance, the Assignor shall deliver to the Company [, the Issuing Bank] and the Agent for acknowledgment by the Agent, a Notice of Assignment [substantially] substantially in the form attached hereto as SCHEDULE 1. [6. AGENT. [INCLUDE ONLY IF ASSIGNOR IS AGENT]
(a) The Assignee hereby appoints and authorizes the Assignor to take such action as agent on its behalf and to exercise such powers under the Credit Agreement as are delegated to the Agent by the Banks pursuant to the terms of the Credit Agreement.
(b) The Assignee shall assume no duties or obligations held by the Assignor in its capacity as Agent under the Credit Agreement.]
Appears in 1 contract
Sources: Credit Agreement (Picturetel Corp)