Restrictions on Assignments. (a) Neither the Borrower nor Jarden may assign its rights or obligations under the Transaction Documents to which it is a party or any interest therein without the prior written consent of each of the Administrator, except to the Administrator for the benefit of the Secured Parties. (b) Subject to the provisions of Sections 6.1 and 13.4, nothing herein shall be deemed to preclude the Lender from pledging or assigning all or any portion of its Loans to any Liquidity Bank or other Support Provider (or any successor of any thereof by merger, consolidation or otherwise) or any Affiliate of the foregoing (which may then assign all or any portion thereof so assigned or any interest therein to such party or parties as it may choose); provided, however, that so long as no Significant Event exists and is continuing, no Liquidity Bank will assign all or any portion of its Loans or Commitment to any Person without the prior written consent of the Borrower (which consent shall not be unreasonably withheld or delayed). The Administrator shall promptly provide notice of any assignment to each applicable Rating Agency and the Borrower. Subject to Section 13.2, all of the aforementioned assignments shall be upon such terms and conditions as the applicable the Lender and its assignee may mutually agree.
Appears in 2 contracts
Sources: Loan Agreement (Jarden Corp), Loan Agreement (Jarden Corp)
Restrictions on Assignments. (a) Neither the Borrower nor Jarden Servicer may assign its rights or obligations under the Transaction Documents to which it is a party hereunder or any interest therein herein without the prior written consent of each the LC Issuer, the Administrator and the Lender. Lender may not assign all or any portion of Lender’s Commitment to any Person other than the Liquidity Bank(s) without the prior written consent of the Borrower, the LC Issuer and the Administrator, except to the Administrator for the benefit of the Secured Parties.
(b) Subject to the provisions of Sections 6.1 and 13.4, nothing . Nothing herein shall be deemed to preclude the Lender from pledging or assigning all or any portion of its Loans any Loan or the Lender Note:
(a) to Credit Bank, any Liquidity Bank or other Support Provider (or any successor of any thereof by merger, consolidation or otherwise) or ), any Affiliate of Credit Bank or any Liquidity Bank in connection with a draw under the foregoing Liquidity Agreement or a Credit Advance (which may then assign all or any portion thereof so assigned or any interest therein to such party or parties as it may choose); provided, however, that so long as no Significant Event exists and is continuing, no Liquidity Bank will assign all or any portion of its Loans or Commitment or
(b) to any other Person without the prior written consent of the Borrower (which consent shall not be unreasonably withheld or delayed)proposed by Lender and consented to by Administrator. The Administrator shall promptly provide notice of any assignment to each applicable Rating Agency and the BorrowerAgency. Subject to Section 13.2, all of the aforementioned assignments shall be upon such terms and conditions as the applicable the Lender and its the assignee may mutually agree.
Appears in 1 contract
Sources: Loan Agreement (G&k Services Inc)
Restrictions on Assignments. Except as specifically provided herein (a) Neither with respect to the Borrower Servicer and the Backup Servicer), neither the Borrower, the Servicer, AFL nor Jarden Norwest may assign any of their respective rights or obligations hereunder or any interest herein without the prior written consent of the Agent and the Lender or, in the case of Norwest, the Agent and the Required Lenders. No Lender may assign its rights or obligations under hereunder, any Advance or the Transaction Documents to which it is a party or any interest therein without the prior written consent of each of the Administrator, except to the Administrator for the benefit of the Secured Parties.
Note (b) Subject to the provisions of Sections 6.1 and 13.4, nothing herein shall be deemed to preclude the Lender from pledging or assigning all or any portion of its Loans to any Liquidity Bank or other Support Provider (or any successor of any thereof by merger, consolidation or otherwisethereof) or any Affiliate of the foregoing (which may then assign all or any portion thereof so assigned or any interest therein to such party or parties as it may choose); provided, however, that so long as no Significant Event exists and is continuing, no Liquidity Bank will assign all or any portion of its Loans or Commitment to any Person without the prior written consent of the Borrower and the Agent (which as to the Borrower only, such consent shall not to be unreasonably withheld or delayed). The Administrator shall promptly provide notice ; PROVIDED, HOWEVER, that any Lender may assign, or grant a security interest in, all or any portion of any assignment to each applicable Rating Agency the Advances and the Borrower. Subject Note to Section 13.2(i) CSFB or any of its Affiliates or another Lender or (ii) any Person managed by CSFB or any of its Affiliates, all and (iii) any Liquidity Provider (each, an "ELIGIBLE ASSIGNEE"), in each case under clauses (i), (ii) and (iii) above, without the prior written consent of the aforementioned assignments shall be upon such terms Borrower; PROVIDED, FURTHER, HOWEVER, that after the occurrence of the Facility Termination Date, any Lender may, subject to the provisions of SECTION 16.5, assign all or a portion of the Note held by it to a Person other than those identified in clauses (i), (ii) and conditions as (iii) above without the applicable prior written consent of the Lender and its assignee may mutually agreeBorrower.
Appears in 1 contract
Sources: Receivables Financing Agreement (Arcadia Financial LTD)