Common use of Notes Etc Clause in Contracts

Notes Etc. Each of the Noteholders shall have delivered to Buyer (a) the Notes held by such Noteholder evidencing the Loans set forth on Exhibit B hereto, opposite the name of such Noteholder and duly endorsed in blank, or accompanied by appropriate bond powers, in proper form for transfer, (b) an Assignment and Acceptance, executed by such Noteholder, for each Loan Agreement to which such Noteholder is a party, which Assignment and Acceptance shall be substantially in the form attached as Exhibit C to such Loan Agreement (an "Assignment and Acceptance"), (c) an assignment of any security agreement relating to the Notes to which such Noteholder is a party and (d) a copy of each Loan Agreement to which such Noteholder is a party. The Company shall have taken all such action as shall be necessary to effect the transfer of the Notes, the Loan Agreements and the related agreements, including without limitation, recording such transfer on its books if and to the extent Buyer shall specifically identify and request such action by the Company by written request to the Company and the Sellers at least ten (10) days prior to the Closing Date.

Appears in 2 contracts

Sources: Purchase Agreement (Memc Electronic Materials Inc), Purchase Agreement (Memc Electronic Materials Inc)